Himachal Pradesh Court August 1976 Judgments
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Sewa Ram Nagial Vs. General Officer Commanding, 39 Infantry Division a ...
Court: Himachal Pradesh
Decided on: Aug-23-1976
Reported in: 1977CriLJ299
R.S. Pathak, C.J.1. This is a petition filed under Section 126 of the Army Act, 1950. The petition was sought to be filed in the Court of the Chief Judicial Magistrate, Dharamsala, but as at that time the judicial officer had proceeded on promotion and the office was temporarily vacant the petition was presented before the learned Sessions Judge, Kangra at Dharamsala, who directed the petitioner to this Court.2. The petition come on for admission before a Bench of this Court on July 23, 1976, and the Bench directed issue of notice to the respondents to show cause why the petition should not be admitted. No order was made directing service of notice on Shri H.S. Thakur, who had entered appearance on July 23, 1976, as counsel for the respondents. It appears that copies of the petition and the process fee were not furnished within time by the peritioner, and therefore, time was allowed afresh for supplying the copies and furnishing the process fee. Notice was directed to be made returnabl...
Gurdial Singh Vs. Auckland House School
Court: Himachal Pradesh
Decided on: Aug-17-1976
Reported in: AIR1977HP38
ORDERC.R. Thakur, J.1. This petition purports in have been filed under the provision of Section 115, Civil Procedure Code (hereinafter called the Code) against the order of Sub-Judge II, Simla dated 4-12-1974 whereby the application of Shri Gurdial Singh under Section 151, Civil Procedure Code has been rejected. The petitioner had filed the suit in January' 1970, in the Court of the Senior Sub-Judge, Simla against Auckland House School, Simla through its Principal for a money decree of Rs. 3,300/- on the allegations that the plaintiff who is a building contractor had taken the contract for the repairs and construction of several buildings of the defendant and had also received payments on the completion of the works and had also received advance payments. That in the month of December, 1965, the plaintiff was called by the Principal of the defendant school to give estimate for the sanitary work in Belvedere cottage and sanitary work in Belvedere main building. He gave the estimates as ...
Hari Nand Thakur Vs. the Executive Officer, Simla Municipal Corporatio ...
Court: Himachal Pradesh
Decided on: Aug-11-1976
Reported in: AIR1977HP50
R.S. Pathak, C.J.1. Section 216-A of the Himachal Pradesh Municipal Act, 1968, as amended by the Himachal Pradesh Act No. 19 of 1968, provides that no person shall fell any tree within the jurisdiction of the Municipal Corporation, Simla except under a permit obtained from the prescribed authority in the prescribed manner. Sub-section (2) reads:'(2) No application for grant of permit for felling of tree shall be entertained unless it is accompanied by a fee of Rs. 5 which amount shall be utilized for fresh plantation.'2. The petitioner applied to the Executive Officer of the Municipal Corporation, Simla for a permit to enable him to fell ten trees so that he could construct a godown. The application was accompanied by a fee of Rs. 5. The Executive Officer informed the petitioner that a total fee of Rs. 50 was payable with the application and therefore he should pay the balance of Rs. 45. Aggrieved by this demand, the petitioner now applies under Article 226 of the Constitution for reli...
Kewal Ram Vs. State and ors.
Court: Himachal Pradesh
Decided on: Aug-05-1976
Reported in: 1977CriLJ532
C.R. Thakur, J.1. This application under Section 482 of the Code of Criminal Procedure, 1973 (shortly referred to as the Code) has been filed by Kewal Ram for setting aside the order, dated October 23, 1975, and to re-hear the case.2. Kewal Ram had initiated proceedings against Megh Ram and five other residents of village Sheel in Solan Tehsil under the provisions of Section 107 of the Code on the allegations that Megh Ram and others were trying to dig a water channel through his land and the petitioner dissuaded them from doing so, whereupon Megh Ram and others threatened him with dire consequences and, he, therefore, prayed that the respondents who are quarrelsome and of notorious character be bound down to keep peace and be of good behaviour. The Sub-divisional Magistrate dismissed this application made by Kewal Ram on the ground that he did not think if any apprehension of breach of peace existed in between the parties and moreover a period of about one year had elapsed and no fres...
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