Himachal Pradesh Court April 1962 Judgments
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Jai Ram and Son Vs. Kahna Ram Hans Raj
Court: Himachal Pradesh
Decided on: Apr-30-1962
Reported in: AIR1963HP3
C.B. Capoor, J.C.1. This first appeal by the defendants is directed against a judgment and decree of Shri Tara Chand Rewal, the then learned Senior Subordinate Judge Mahasu, whereby the suit filed by the respondents for recovery of a sum of Rs. 16,500/- was decreed for recovery of a sum of Rs. 15,000/- and proportionate costs.2. In order to appreciate the contentions advanced on behalf of the parties the following facts had better be narrated : -The appellant and the respondent firms are timber contractors. The partners of the appellant firm are Jai Ram and his son Jagannath and the partners of the respondent firm are Kahna Ram and his son Hans Raj. The Upper Bushahr Forest Division of the Himachal Pradesh Forest Department invited tenders for the floating of timber in river Sutlej during the year 1957-58. The last date for the submission of the tenders was 22-4-1957. On that date the partners of the respondent firm and Jagannath, one of the partners of the appellant firm, were at Ramp...
Smt. Sampuran Kaur and anr. Vs. Collector, Land Acquisition and ors.
Court: Himachal Pradesh
Decided on: Apr-06-1962
Reported in: AIR1963HP1
ORDERC.B. Capoor, J.C.1. This is a petition under Articles 226 and 237 of the Constitution of India. The peti-tioners were the owners of land and buildings comprised in Khewat Khatauni No. 317 and 317/A Khasra Nos. 1766, 2090/1802, 1819, 1820, 1821, 1823, 2101/1798, 1814, 18.17 and 1818 measuring 6 bighas 12 biswas situate in village Bair-ki-Ser Pargana Sumna Basal, Tehsil Solan, District Ma-hasu- A notification was issued acquiring tile aforesaid lajid for industrial estate a public purpose. By the aforesaid notification the Collector Mahasu was empowered to hear the objections of the interested persons. The award was, however, made by the Magistrate first class Solan exercising the powers of Land Acquisition Collector on 26-2-1960. On 6-7-1960 the petitioners submitted a petition to the aforesaid Land Acquisition Collector for making a reference to the Court as the award was not acceptable to them. This petition was rejected on the ground that a claim petition was not filed within 15...
Nyaya Panchayat Palog Vs. Ghanu Ram
Court: Himachal Pradesh
Decided on: Apr-06-1962
Reported in: AIR1964HP2,1964CriLJ34
ORDERC.B. Capoor, J.C.1. This petition under Articles 226 and 227 of the Constitution of India has been filed by the Nyaya Panchayat of village Palog Tehsil Arki district Mahasu through the Sarpanch Shri Mansha Ram and arises out of the following facts:2. A complaint for offences under Secs. 406, 417 and 426, I. P. C., was filed against the respondent in the aforesaid Panchayat. He did not appear in response to the summons issued to him by the Panchayat which initiated a proceeding against him for an offence under Section 174, I. P. C., found him guilty of that offence and sentenced him to pay a fine of Rs. 80/-. The respondent filed an application in revision against the aforesaid order in the Court of Magistrate first class Solan. The learned Magistrate was of the opinion that in view of Section 91 of the Himachal Pradesh Panchayat Raj Act No. 6 of 1953, hereinafter to be referred as 'the Act', the Nyaya Panchayat did not have the power to impose a fine of more than Rs. 25/- for an o...
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