Himachal Pradesh Court June 1981 Judgments
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State Bank of Patiala Vs. Chohan Huhtamaki (India) Pvt. Ltd. and ors.
Court: Himachal Pradesh
Decided on: Jun-25-1981
Reported in: AIR1982HP27
ORDERH.S. Thakur, J.1. This is an application filed by Shri Rishi Kumar Kapila son of Shri Khushi Ram, resident of Kapur Lodge, Solan, under Order 21 Rules 79 and 81 of the Civil P. C. praying that the order for vesting the property in the petitioner and also the direction to the auctioneer be issued, for the delivery of possession of the property purchased by him in the auction. It is stated in the application that Shri Devinder Gupta Advocate, was appointed as auctioneer by this Court and held the auction of the property, mentioned in Annexure 'A' attached to this petition, on 10-5-1981. The petitioner was the highest bidder in respect of certain properties and paid 1/4th of the sale price at the fall of the hammer on that day. The petitioner was allowed 15 days time to deposit the balance of the sale price in Court. The highest bid given by the petitioner was in the sum of Rs. 1,30,000/-. He has paid a sum of Rs. 32,500/- at the fall of the hammer and the remaining amount of Rs. 97,...
Braham Raj Singh Vs. Smt. Braham Raj Devi and ors.
Court: Himachal Pradesh
Decided on: Jun-25-1981
Reported in: AIR1982HP57
Vyom Prakash Gupta, J.1. This regular second appeal has been filed by defendant against the judgment and decree dated 8-6-1979 of District Judge, Hamirpur, by which the learned District Judge accepted the appeal of the plaintiffs-respondents and decreed the suit of the plaintiffs/respondents for possession of the disputed property.2. The brief facts are that plaintiffs (respondents Nos. 1 to 6) filed a suit for declaration with respect to the property detailed in the plaint to the effect that they are the owners and in possession of the suit property and in the alternative they prayed for possession of the disputed property. The suit was originally filed in the Court of the Sub Judge, Hamirpur on 31-10-1968 on the allegations that one Gajjan Singh son of Shri Ranu was the owner of the suit land and he died on 26-6-1963 leaving behind the plaintiff No. 1 as his daughter, plaintiff No. 2 as his widow, and plaintiffs Nos. 3 to 6 as sons and daughters of his predeceased daughter Gian Devi....
Clarkes Hotel Pvt. Ltd. Vs. Madan Lal Malhotra and anr.
Court: Himachal Pradesh
Decided on: Jun-25-1981
Reported in: 1981CriLJ1765
ORDERT.R. Handa, J.1. In this petition made under Section 10 of the Contempt of Courts Act read with O. XXXIX, Rules 1 and 2 and Section 151 of the Code of Civil Procedure the petitioner has prayed for proceeding in contempt against Shri Tadan Lai Malhotra respondent No. 1 for, having committed a wilful disobedience and breach of the undertaking given to this Court on his behalf by his counsel on 23-3-1979.2. The facts and circumstances leading to this petition may be briefly sketched as under:The petitioner is a private limited company running a hotel on the Mall Simla under the name and style of Clarkes Hotel. Just opposite to the petitioner's hotel was a vacant plot forming part of the estate known as 'Talbot House'. Respondent No. 1 intended to construct a multi-storeyed shop-cum-hotel building on the said vacant plot and for that purpose he submitted a plan to the Municipal Corporation, Simla, respondent No. 2, for sanction. This plan was submitted to respondent No. 2 on 21-6-1977...
Smt. Padmawati and ors. Vs. Smt. Vidya Wati
Court: Himachal Pradesh
Decided on: Jun-12-1981
Reported in: AIR1982HP33
Vyas Dev Misra, C.J.1. This second appeal by the defendant is directed against the judgment and decree of District Judge, Simla.2. Shrimati Vidyawati (referred to as the plaintiff) filed a suit claiming to have purchased the property known as 'Vakil Khana Koti', situate in Shankli, Simla, from the Rana of Koti vide registered sale deed dated 23rd January, 1965. Kanwar Bharat Singh (referred to as the defendant) owned some property nearby, Tha plaintiff alleged that the defendant had encroached upon a small portion of the plaintiff's land. Despite plaintiff's warning, It is alleged, the defendant put up a cow shed upon the encroached land and threatened to make further encroachments. The defendant claimed the disputed property aa his. He also alleged that the sale deed put up by the plaintiff was not a valid registered document. It was averred that this document had been presented for registration at village Kitty outside the jurisdiction of the Sub-Rsgistrar, Simla, and so could not be...
Smt. Rattan Devi Vs. Padam Singh Kapoor
Court: Himachal Pradesh
Decided on: Jun-05-1981
Reported in: 1981CriLJ1422
ORDERVyas Dev Misra, C.J.1. This judgment will dispose of Criminal Revisions Nos, 23 and 34 of 1981 since they arise out of the same iudgment.2. These revisions arc directed against the judgment of Sessions Judge, Simla, holding that the marriage being void the wife could not claim maintenance under Section 125 of the Criminal P.C.3. Rattan Devi (referred to as the wife) filed an application under Section 125 of the Criminal P.C. against Padam Singh Kapoor (referred to as the husband) claiming maintenance for herself and her 5on, named Bishan Kapoor, aged about 6 years. It was averred that the husband was working as a teacher in 1968 in village Meber, Tehhil Kalpa, District Kinnaur. The parties came to know each other. The husband married the wife according to the customs of Kinnaur. The custom consists of a male dragging away successfully a female in a dance which results into a marriage. The wife further averred that she had lived with the husband as his wife for a number of years, t...
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