Himachal Pradesh Court November 1981 Judgments

Municipal Corporation, Simla Vs. Deputy Commissioner, Simla and ors.

Court: Himachal Pradesh

Reported in: AIR1982HP126

V.P. Gupta, J. 1. This writ petition has been filed with a prayer that the order of the Deputy Commissioner, Simla, dated 9th June, 1970, with respect to the direction that assessment of tax is to take effect from 1st Jan., 1970 instead of 1st April, 1968, be quashed.2. The facts, in brief, are that respondents 2 and 3 are owners of Shop No. 76, Lower Bazar, Simla. This shop was old and for this reason respondents 2 and 3 demolished the same and reconstructed it in the beginning of 1968. The Municipal Committee assessed this building for the year 1968 at Rs. 8,525/- and a notice for this assessment was issued on 4th Dec., 1968 (Annexure PA). A reply to this notice was given by respondents 2 and 3 on 4th Jan., 1969 (Annexure PB). The Municipal Committee thereafter issued an order on 6th Sept., 1969 (Annexure PC) by which the assessment at Rs. 8,525/- for the year 1968 as from 1st May, 1968) was made subject to the remission of all taxes on the old assessment from 1st March, 1968 to 31st...

Bhawani Parshad Kapur Vs. the Himachal Pradesh Financial Corporation

Court: Himachal Pradesh

T.R. Handa, J.1. This appeal has been filed under Section 32 of the State Financial Corporations Act, 1951, hereinafter to be referred as 'the Act', and is directed against the order dated 9-9-1980, passed by the District Judge. Mandi. The impugned order was passed in the proceedings initiated by the respondent against the appellant under Section 31 of the Act and it directs that the property of the appellant mortgaged with the respondent as security for the loan raised by the appellant from the respondent be put to sale for realization of the principal amount of loan along with interest thereon till the date of its realization.2. The facts and circumstances giving rise to this appeal may now be stated in brief:--The respondent is a body corporate established under Section 3 of the Act. One of the functions of this Corporation is to grant loans or advances to industrial concerns. The appellant who runs an industrial concern under the name and style of Himachal Automatic Electric Bakery...

Smt. Savitri Devi Vs. Santa and Etc.

Court: Himachal Pradesh

H.S. Thakur, J.1. M.S.A. No. 8 of 1972 has been referred to a Pull Bench by the then Hon'ble Chief Justice (T. U. Mehta) by an order dated 3rd July, 1979. At the time of hearing, M.S.A. No. 9 of 1972 was also connected with M.S.A. No. 8 of 1972. It is desirable to reproduce the said order:'In this case, on behalf of the appellant, two point are submitted, namely (1) the original appellant Durga Dart has died pending this M.S.A. and, therefore, according to the decision given by this Court in Chuhatli v. Bratu reported in ILR (1975) Him Pra 579, the application of the tenant under Section 11 has become in fructuous, and (2) the ownership rights in favour of the tenant cannot be granted in view of the fact that one of the co-owners Durga Datt was physically incapable. In support of this proposition reliance is placed on the decision given by a Division Bench of this Court in Paras Ram v. Bhuru, reported in ILR (1973) Him Pra 31.I have perused both these decisions and in my opinion both o...

Tara Chand and ors. Vs. Smt. Shakuntala Devi and ors.

Court: Himachal Pradesh

Reported in: AIR1982HP75

H.S. Thakur, J.1. Smt. Shakun-tla Devi filed Suit No. 50 of 1970 in the court of the Senior Sub Judge, Simla for right to enforce partition. The property known as 'House No. 2, Alley No. 15 The Mall Simla' was prayed to be partitioned by metes and bounds in which the plaintiff claimed half a share. A preliminary decree for right to enforce partition by metes and bounds was passed on 24th Sept., 1973. It was also ordered in the decree that Shri Kailash Chand Sood, Advocate, as the Commissioner would make partition according to the preliminary decree. A final decree was passed on 28th of Feb., 1979. The defendant/appellants have preferred this appeal. On 16th of Dec., 1980, the learned counsel for the parties staled that there is a possibility of a compromise between the parties. Consequently, on 5th Jan., 1981, this Court passed the following orders:'5-1-1981. Present: Mr. Hari Mohan Sharma, counsel for the appellants. Mr. Kapil Dev Sud, counsel for respondent No. 1. Mr. Vidya Sagar Sud...

Dharam Pal Vs. Durga Dass

Court: Himachal Pradesh

Reported in: AIR1982HP121

V.P. Gupta, J.1. The facts in this case are that Durga Dass (respondent) filed an application for eviction of Dharam Pal (petitioner) under Section 14 of the Himachal Pradesh Urbun Rent Control Act, 1971 (hereinafter called the Act of 1971). It is alleged by the respondent that the petitioner has sublet the premises to one Phambi Ram without the written consent of the respondent and for this reason the petitioner is liable to eviction. The eviction petition was fifed on 26th August, 1976, and the notice regarding termination of tenancy was served upon the petitioner on 28/29th July, 1976. It is admitted by the parties that Phambi Ram (alleged sub-tenant) vacated the premises on or about 9th August, 1976.2. The petitioner contested the eviction petition and alleged that he is in possession from the year 1943 and that Phambi Ram was inducted as a sub-tenant in the year 1944, when there was no limitation or hinderance in subletting the premises. The petitioner also alleges that the respon...

Hari Dev Vs. Mohinder Lal and anr.

Court: Himachal Pradesh

Reported in: 1982CriLJ569

ORDERVyas Dev Misra, C.J.1. This is an application Under Section 12 of the Contempt of Courts Act, 1971 alleging that the respondents have committed a civil contempt; by disobeying the orders passed by this Court.2. The petitioner, who is a resident of village Mandroli, Sub-Tehsil Koth-khai, District Simla, applied for the grant of 10 bighas 15 biswas of nautor land for horticulture purposes under the Himachal Pradesh Nautor Land Rules, 1968. The Revenue Assistant Sub-Divisional Officer (Civil) Theog, by his order dated 27th Sept. 1972 granted the nautor land in terms of Rule 16. The petitioner was directed to deposit Rupees 537-50 paise as nazrana for the land and Rs. 7,745-10 paise on account of the price of the trees standing on the said land. When the petitioner approached the Head Vernacular Clerk of the Deputy Commissioner at Simla for depositing the amount, an objection was raised that the petitioner did not comply with the requirement of living in the estate concerned from gene...

Shrimati Dhani Devi Widow of Shri Mangat Ram, Bachhitar Singh and ors. ...

Court: Himachal Pradesh

Reported in: AIR1982HP42

V.D. Misra, C.J. 1. Whether Order 22 of the Civil P. C. and the Limitation Act apply to proceedings before a court on reference under Section 18 of the Land Acquisition Act?' is the question which arises for determination,2. The facts in the three cases are similar. In all these cases the claimants not being satisfied with the compensation awarded to them by the Collector asked the Collector to make references to the Court under Section 18 of the Land Acquisition Act (the Act), The references were duly made. During the pendency of the proceedings before the court, the claimants died. Applications under Order 22 of the Civil P. C. (the Code) for bringingthe legal representatives on record were made. These applications were contested. It was inter alia contended that the applications were not made within limitation. The court found that the applications were barred as having not been made within the time allowed under the Limitation Act. The applications were dismissed and it was declare...