Himachal Pradesh Court July 1983 Judgments
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Dinesh Kumar and ors. Vs. Tilak Raj and ors.
Court: Himachal Pradesh
Decided on: Jul-29-1983
Reported in: AIR1984HP8
ORDERH.S. Thakur, J.1. The petitioners have filed this application for the removal of the receiver.2. The relevant, facts may be stated. A civil suit has been filed by the petitioners against the respondents for partirtioners and rendition of accounts in the Court of the Senior Sub-Judge, Mandi. During the pendency of the suit, one Shri Amar Chand was appointed as a receiver by the trial Court. The appointment was challenged by the respondent. Tilak Raj, before the District Judge but the order of the trial Court was maintained. Thereafter, the respondent filed a revision petition in this Court. The High Court by an order dt. 24th Sept.. 1981, allowed the revision petition and appointed the respondent as a receiver on terms. The operative portion of the judgment in this behalf may be reproduced :'Shri Tilak Rai receiver, shall keep a proper and accurate account of the 'business conducted by him shall submit all the details of -that account every month to the Senior Sub-Judge. Mandi. The...
Parminder Lal SarIn Vs. Smt. Suman Lata
Court: Himachal Pradesh
Decided on: Jul-27-1983
Reported in: AIR1984HP1
Vyas Dev Misra, C.J.1. This appeal under Section 28. Hindu Marriage Act (referred to as the Act), is directed against the judgment of District Judge. Simla, giving the custody of the child to his mother.2. Shri Perminder Lal Sarin (referred to as the husband) filed a petition for divorce against Shrimati Suman Lata (referred to as the wife) under Section 13 of the Act. During the pendency of the proceedings the wife made an application under Section 26 of the Act for the custody of her son Rinkoo aliasDaman Sarain. The child was born on 7th April, 1979 and he had not yet completed four years when the application was filed. It was averred that the husband had removed the child in connivance with his old mother from the custody of the wife and had removed him from Shimla. Various allegations against the husband were made to show that he was not fit enough to have the custody of the child. The husband averred that the wife was a 'chronic patient of fits and due to her said ailment she is ...
Master Ashwani Kumar (Minor) Vs. Board of School Education for Himacha ...
Court: Himachal Pradesh
Decided on: Jul-20-1983
Reported in: AIR1984HP4
ORDERT.R. Handa, J.1. It is rather unfortunate, frustrating and disgusting that a brilliant school student, still in his minority. (the petitioner herein) had to knock at the door of this Court to seek redress against the injustice alleged to have been caused to him at the hands of the authorities of an educational institution, viz. the Himachal Pradesh Board of School Education, respondent 1. in relation to his merit position in the Matric examination, March 1382. conducted by the respondent Board.2. The petitioner appeared in the Matric examination conducted by the respondent Board in Marsh. 1982 as a regular student from the Government High School, Nerwa under Roll No. 326120. Respondent 2 Shri pamposh Raina also appeared for the same examination under Roll No. 329059. The result of this examination was published in the 4th July 1982 issue of the Hindi Daily Tribune, copy of which is found at annexure PA. As per this result the petitioner was shown to have topped the list of the suc...
Himachal Fruit Growers Co-operative Marketing and Processing Society L ...
Court: Himachal Pradesh
Decided on: Jul-06-1983
Reported in: AIR1984HP18
V.P. Gupta, J.1. The plaintiff has filed this suit for recovery of Rs. 51.550 on the allegations that the plaintiff is a roistered Society, having its Head Office at Simla. In August/September. 1979, defendant No. 2 approached the plaintiff and represented that defendant No. 1 carries on the business of a cold storage in the name and style 'Him Cold Storage' at Parwanu and wanted to enter into business dealings with the plaintiff. Certain terms and conditions were orally settled between the plaintiff and defendant No. 2. These terms were confirmed in Exhibits P-2 and P-3. The plaintiff-Society assigned consignments of apple to defendant No. 2 for storage. Defendant No. 2 was to submit monthly bills and the stock position of these goods. Subsequently, defendant No. 1 claiming to be an owner/agent of defendant No. 2, started operating the business with the plaintiff. The plaintiff also accepted defendant No. 1 as owner/ agent of defendant No. 2. The plaintiff paid Rs. 52.585 to defendant...
Chuhroo Ram Vs. the State
Court: Himachal Pradesh
Decided on: Jul-06-1983
Reported in: AIR1984HP61
ORDERVyas Dev Misra, C.J.1. This revision is directed against the order of the Land Acquisition Collector. Beas Dam Project, Talwara, rejecting the petitioner's application under Section 18 of the Land Acquisition Act (referred to as the Act) claiming a reference to this court.2. The facts, in brief, are these Petitioner's land was acquired for the construction of Pong Dam. An award in respect of Tika Balta, in which the petitioner's land fell, was announced on 28-10-1972. The petitioner sent his application under Section 18 of the Act by post to the respondent. This application was posted on 7-12-1972 but was received by the respondent on 13-12-1972. This application was rejected by the respondent on 18-2-1976 on the ground that the petition was barred by time by four days.3. Mr. R.K. Sharma, learned counsel for the petitioner, contends that the petitioner was not present at the time the award, was announced. It is also contended that the award was never explained to the petitioner. I...
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