Himachal Pradesh Court December 1975 Judgments
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State of H.P. and anr. Vs. Ajit Kumar
Court: Himachal Pradesh
Decided on: Dec-19-1975
Reported in: AIR1976HP61
D.B. Lal, J.1. Shri Ajit Kumar filed Civil Writ Petition No. Ill of 1974, wherein he sought for the quashing of the impugned orders, Annexures 'G' and 'J' to the petition whereby he was reverted from the post of Deputy General Manager (Works) in the Transport Department His case was, that he was appointed Deputy General Manager (Works) in the vacancy caused by the transfer of one Shri I. C. Mahajan to the Government of India. According to petitioner, his appointment was on probation for a period of two years and as such could not be held ad hoc. The appointment was also made on the recommendation of the Public Service Commission. Subsequently Shri I. C. Mahajan returned from the Government of India and as a result to that Shri Ajit Kumar was reverted by notification Annexure 'G' dated November 7, 1973. Subsequently he was appointed officiating Deputy General Manager in the Himachal Pradesh Agro Industries Corporation but from that post also he was reverted vide Annexure 'J' in April 19...
Rania Vs. Smt. Kamla Devi and anr.
Court: Himachal Pradesh
Decided on: Dec-19-1975
Reported in: AIR1976HP57
ORDERC.R. Thakur, J.1. Rania petitioner had filed a suit for possession by pre-emption of the land as detailed in the head-note of the plaint. A decree was passed accordingly in his favour by the Senior Sub Judge, Kangra at Dharamsala, on 29th April 1972. The operative part of the decree reads as under:'I therefore, grant a decree for possession by way of pre-emption of 11 kanals of land entered in Khata No. 58, Khasra No. 49 in favour of the plaintiff and against the defendant. The sale price of the suit land measuring 46 Kanals 10 marlas is Rs. 15,500/- and accordingly the sale price of the decretal land measuring 11 Kanals comes out to be Rs. 3666-66 paise. The plaintiff has deposited Rs. 3100/- as preemption money and the remaining amount of Rs. 566.66 paise is directed to be deposited within one month of the passing of the present decree failing which the suit of the plaintiff shall be deemed to have been dismissed. The plaintiff shall get the proportionate costs of the suit'.2. T...
The Himachal Pradesh Marketing and Development Federation Limited Vs. ...
Court: Himachal Pradesh
Decided on: Dec-16-1975
Reported in: AIR1976HP36
D.B. Lal, J. 1. On 28th November, 1966 a serious motor vehicle accident took place on the Hindustan-Tibet Road at about 1 kilometer from Sanjauli towards Lakkar Bazar, Simla as a result of which one Amar Nath Puri was seriously injured and subsequently died in Snowdon Hospital. The claimants alleged that Amar Nath Puri was coming in his own jeep No. DLI-3364 which was driven by Baldev Singh, Driver, and the jeep was going to Dhali. When it reached a curve, from the opposite direction truck No. HIM-1904 was coming, loaded with potatoes and the said truck belonged to the Himachal Pradesh Marketing and Development Federation Limited, Dhali (hereinafter to be referred to as the Federation).According to claimants the truck of the Federation struck against the jeep which was made to stop by Baldev Singh, The result was an unfortunate accident so much so that the jeep was thrown back to about 8 feet and struck against a milestone. Amar Nath Puri was sitting on the front seat and he fell down ...
Sunder Singh Raghubans Vs. Embassy of India, in Nepal and anr.
Court: Himachal Pradesh
Decided on: Dec-15-1975
Reported in: AIR1976HP58
ORDERR.S. Pathak, C.J.1. The petitioner has his permanent place of residence in the village of Arla, situate in the district of Solan in this State. He retired from the Army in 1956 and settled down as a farmer in his village. On October 28, 1958 he received a telegram from the Indian Embassy in Nepal informing him that if he desired to accept the post of a Lower Division Clerk in the Military branch for Pokhara camp for a period of six months he should 'confirm acceptance' by telegram. On October 29, 1958 the petitioner sent a telegram conveying his acceptance of the offer. This was followed by a letter dated October 30, 1958. The petitioner joined the post in Nepal. According to Annexure P-3 to the writ petition, he held the post of Lower Division Clerk from November 8, 1958 to May 3, 1959. It seems that he was thereafter appointed to the post of Upper Division Clerk from May 4, 1959 to April 30, 1960. From May 1, 1960 to September 22, 1960 he held the post of Lower Division Clerk ag...
Sohan Lal Etc. Vs. Mohan Lal
Court: Himachal Pradesh
Decided on: Dec-04-1975
Reported in: 1976CriLJ1354
ORDERChet Ram Thakur, J.1. This is a reference made by the learned Sessions Judge Simla recommending that the order passed by the Sub-Divisional Magistrate, Theog, on 5-1-1973, under the provisions of Section 133 of the Code of Criminal Procedure (shortly called the Code) directing the petitioners to close the holes of the wall of the house be quashed,2. Sohan Lal and others were constructing a house in their village Guma, Sub-Tehsil Kotkhai and on one side of that house adjacent to it was a public path. It is stated that in the wall of their house facing the public path they kept certain holes. Mohan Lal who was the complainant apprehended that such holes had been kept in that wall with the object of resting beams for covering the public path and he accordingly moved an application under Section 133 of the Code in the Court of Sub-Divisional Magistrate, Theog, against Sohan Lal and others with the prayer to restrain them from proceeding with the construction of their house. It had als...
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