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Himachal Pradesh Court September 1976 Judgments

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Sep 27 1976

Shri Muni Lal Vs. Smt. Niki Mansa Ram

Court: Himachal Pradesh

Decided on: Sep-27-1976

Reported in: AIR1977HP51

ORDERChet Ram Thakur, J.1. This application under Order 6, R. 17 read with Section 151 of the Civil Procedure Code (shortly called the Code) has been filed by the appellant for amendment of the written statement.2. One Bhuria had two sons, Mansha Ram and Mohru. The latter had one son Ganeshu and a daughter Smt. Niki, the plaintiff-respondent. The former had one son Mathu. On the death of Ganeshu, his widow succeeded him, who is said to have made a will of her property on 26-9-1965 in favour of Mathu. She died in July, 1966, and the will is stated to have been registered on 21-8-1966. Mutation on the basis of the will in favour of Mathu was attested on 27-6-67. Smt. Niki filed a suit for cancellation of the will on the ground that the will was forged and that she was the only legal heir to succeed to the property of Smt Sewati who was her brother's widow.The suit was dismissed on 22-8-1973. She filed an appeal before the District Judge. During the pendency of the appeal, Mathu died with...


Sep 02 1976

Ambala Goods Carriers Pvt. Ltd. Etc. Vs. Regional Transport Authority ...

Court: Himachal Pradesh

Decided on: Sep-02-1976

Reported in: AIR1977HP46

T.U. Mehta, J.1. All these matters raise a common question of law and seek to challenge a condition In the public carrier's permit issued to the petitioners and counter-signed by the Regional Transport Authority of the State of Himachal Pradesh that they shall not pick-up or set down between two stations of Himacal Pradesh any goods on the route as ultra vires the provisions of Motor Vehicles Act.2. For the sake of brevity, we shall refer only to the facts relating to C. W. P. No. 248 of 1975 because the facts and points of law involved in all these writ petitions are practically the same. In C. W. P. No, 248 of 1975, the petitioner is M/s. Ambala Goods Carriers Private Limited. This company holds a permit as public carrier issued by the Regional Transport Authority Ambala in respect of vehicles which are mentioned in paragraph 1 of the petition. The petitioner has been plying its vehicles in the State of Haryana and the area covered by the State of Himachal Pradesh ever since the year...


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