Himachal Pradesh Court September 1972 Judgments
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Bhagat Ram Vs. Smt. Lilawati Galib
Court: Himachal Pradesh
Decided on: Sep-22-1972
Reported in: AIR1973HP57
C.R. Thakur, J. 1. This Letters Patent appeal is directed against the judgment of the learned Single Judge of this Court in ESA 1/72, dismissing the appeal of Bhagat Ram against the order of the District Judge affirming on appeal the order of the Senior Sub Judge. Mahasu, dismissing the objections of Bhagat Ram judgment-debtor-appellant filed under Section 47 of the Civil Procedure Code.2. Smt. Lilawati Galib is the owner of the premises known as 'Om Bhawan'. below Lakkar Bazar Simla. Bhagat Ram got the lease of the premises as a tenant on 29th December. 1966. The period under the lease was for one year, due to expire on 6th December 1967. On 15th May. 1967, the landlady gave a notice under Section 106 of the Transfer of Property Act determining the tenancy. The tenant having failed to vacate the premises, she instituted a suit for his eviction on 29th December. 1967. Since the building was completed on 27th December 1966, therefore under the notification, dated 18th August, 1966, issu...
Natha Singh Vs. Collector
Court: Himachal Pradesh
Decided on: Sep-19-1972
Reported in: AIR1973HP54
R.S. Pathak, C.J.1. This appeal is directed against the order of the learned District Judge Kangra, refusing to restore a reference made under Section 18 of the Land Acquisition Act 1894. 2. Proceedings for the acquisition of land belonging to the appellant were taken under the Land Acauisition Act, and an award was made by the Collector. The appellant applied for a reference under Section 18 for enhancement of the compensation awarded by the Collector, but the reference was dismissed by the learned District Judge for want of prosecution. The appellant applied for restoration of the reference, and the restoration application has also been dismissed by the learned District Judge. The learned District Judge held that he had inherent power to dismiss the reference for want of prosecution when the appellant, who was duly served, failed to appear. He also held that there was no sufficient cause for the absence of the petitioner. Further he held that the application was barred by time.3. Thr...
Shiv Ram Vs. Thakar Dutt
Court: Himachal Pradesh
Decided on: Sep-14-1972
Reported in: AIR1973HP62
K.S. Pathak, C.J.1. This is a defendants' appeal arising out of a suit for a declaration of the plaintiffs' share in joint property.2. One Unchab had four sons. Kesru, Bahau alias Gobind Ram, Musaddi and Chaudhry who were owners of the land in dispute. Upon the death of Kesru his share in the land was mutated in the name of his three sons Anant Ram (defendant No. 11) Thakar Dutt (plaintiff), and Shiv Ram (defendant No. 12). Bahau died without issup and his share was mutated in the names of his brothers. Musaddi and Chaudhry and the sons of his deceased brother, Keshri. Chaudhry died, and his share was mutated in favour of his widow, sons and daughters who are defendants nos. 1 to 10. Musaddi also died without issue. He had gifted his share to defendant no. 1. The plaintiff alleged that he was entitled to 9/24 share in the entire land on the basis that Bahau had appointed him his heir and also that the gift by Musaddi in favour of defendant no. 1 was invalid.3. The trial court held that...
Prem Nath Laroiya Vs. the State
Court: Himachal Pradesh
Decided on: Sep-12-1972
Reported in: 1973CriLJ1281
ORDERR.S. Pathak, C.J.1. The Chief Judicial Magistrate, Dharamsala has charged the oeti-tioner with an offence under Section 498 of the Indian Penal Code of having taken away Zinat Akhtar, whom he knew or had reason to believe to be the wife of Samuel Akhtar, from her husband's house with intent that she might have illicit intercourse with him.2. The charge was framed on a complaint by Samuel Akhtar under Sections 497 and 498 of the Code against the accused. The complaint was lodeed on Julv 24 1967- It was alleged that Zinat Akhtar, subsequently known as Sneh Mala, was his legally married wife, that thev had four children of whom two survived, one a daughter ased 16 vears old and the other a son about 10 vears old. It was said that the accused who had known Zinat Akhtar previously as the legally wedded wife of the complainant, induced her to leave the house of her husband on October 14, 1965. It was alleged that he had taken her awav with the intent to have illicit intercourse with her...
S.S. Mittal Vs. Bar Council of India and ors.
Court: Himachal Pradesh
Decided on: Sep-08-1972
Reported in: AIR1974HP32
R.S. Pathak, C.J. 1. The petitioner applies under Article 226 of the Constitution for quashing an order of the Bar Council of India removing his name from the roll of Advocates maintained by the Bar Council oi Delhi.2. The petitioner, who at one time was a member or the judicial service, is said to have obtained his LL. B. Degree as a private candidate from the Punjab University in the year 1968 and after resigning from judicial service he applied on November 17, 1970 to the Bar Council of Punjab and Haryana at Chandigarh for enrolment as an Advocate under Section 24 of the Advocates Act, 1961. The Bar Council of Punjab and Haryana was doubtful whether the law degree obtained by the petitioner could serve to qualify him for enrolment and it referred the question to the Bar Council of India for its opinion. The petitioner now applied on March 19, 1971 to the Bar Council of Punjab and Haryana for withdrawing his application but there is nothing to show that any order was passed allowing ...
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