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Himachal Pradesh Court October 1972 Judgments

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Oct 03 1972

Harish Kumar Vs. the State of Himachal Pradesh

Court: Himachal Pradesh

Decided on: Oct-03-1972

Reported in: AIR1974HP28

R.S. Pathak, C.J. 1. This Letters Patent Appeal is directed against the judgment and order of our brother D. B. Lal dismissing a writ petition.2. The appellant, Harisk Kumar Malhotra, appeared in the Pre-medical Examination of the Punjab University in 1969 but, it is said, he was unable to appear in the Biology practical paper of the examination because of acute dysentery, He was placed in the list of candidates entitled to appear in the 'Compartment' examination. It seems that be did not take that examination and instead preferred to appear afresh in the Pre-medical Examination of the year 1970. He obtained 384 marks out of a total of 650 marks, and therefore, had a percentage of 59.6 in the compulsory subjects of English, Physics, Chemistry and Biology.3. The Himachal Pradesh Medical College, Simla was affiliated to the Punjab University. It is an institution belonging to the Government of Himachal Pradesh Medical Department, and its prospectus for the year 1970-71 was finalised with...


Oct 03 1972

D.K. Khanna Vs. Union of India (Uoi) and ors.

Court: Himachal Pradesh

Decided on: Oct-03-1972

Reported in: AIR1973HP30

R.S. Pathak, C.J. 1. The petitioners in the two writ petitions before us challenge the validity of the Select List of the year 1971 prepared under the Indian Administrative Service (Appointment by Promotion) Regulations. 1955.2. Shri D. K. Khanna, who has filed Civil Writ Petition No. 5 of 1972. ipined the Punjab Civil Service (Executive Branch) as a Magistrate in 1954, and was confirmed in the Service with effect from May 8, 1958. Kr. Site Ram, who has filed the connected Civil Writ Petition No. 11 of 1972. entered the Patiala and East Punjab States Union Administrative Service in 1955, and upon the merger of that Union into Punjab on November 1. 1956, he was absorbed into the Punjab Civil Service (Executive Branch). With effect from November 1, 1966, the two petitioners. Sh. D. K. Khanna and Kr. Sita Ram. were provisionally allotted to the Union Territory of Himachal Pradesh under Section 82 (1) of the Punjab Reorganisation Act, 1966.3. At the time the only Civil Service in the Union...


Oct 03 1972

Piyare Lal Khanna Vs. the Financial Commissioner

Court: Himachal Pradesh

Decided on: Oct-03-1972

Reported in: AIR1973HP50

R.S. Pathak, C.J.1. The petitioner applies for certificates under Sub-clauses (a) and (c) of Clause (1) of Article 133 of the Constitution.2. The petitioner owed a sum of money to the Bank of Patiala and in recovery proceedings attachment was effected to two properties at Simla, they being house No. 18. The Mall, and Sunny Bank Estate. An objection by the petitioner to the attachment was rejected. The properties were sold by auction on October 15, 1966 and purchased by respondents nos. 5 and 6 for Rs. 96 000 and Rs. 61,000 respectively. The sale was confirmed by the Commissioner, and, a revision petition against his order was dismissed by the Financial Commissioner. Thereafter, Civil Writ Petition No. 45 of 1970 was filed against the aforesaid orders. When the writ Petition come on for admission, after notice to the respondents it appears that counsel for the petitioner stated that his client would file a suit and prayed for permission to withdraw the writ petition. Accordingly, an ord...


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