Himachal Pradesh Court June 1988 Judgments
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State Bank of India, Bathri and Etc. Etc. Vs. Balak Raj Abrol and anr. ...
Court: Himachal Pradesh
Decided on: Jun-30-1988
Reported in: AIR1989HP41
ORDERV.P. Bhatnagar, J. 1. Whether a decree-holder, in case of a money decree against the principal-debtor and the guarantors, whose liability is joint and several, must exhaust his remediesagainst the mortgaged/hypothecated property as well as the principal-debtor-Judgment-debtor before proceeding against the guarantors-judgment-debtors, is a common question of law, having considerable importance, which requires determination in these cases. This question assumes added significance in view of conflict of opinion expressed in two Supreme Court decisions. 2. At the very outset, it would be appropriate to examine the case law having direct bearing on the above point. 3. In Bank of Bihar Ltd. v. Dr. Damodar Prasad, AIR 1969 SC 297, it has been held that the liability of a surety is not deferred until remedies against principal-debtor are exhausted. Damodar Prasad, defendant No. 1, in that case, was found to owe the plaintiff-bank a sum of Rs. 11,723.56 p. on account of Principal and Rs. 2...
Smt. Parvati Vs. Shiv Ram and anr.
Court: Himachal Pradesh
Decided on: Jun-16-1988
Reported in: AIR1989HP29
V.K. Mehrotra, Ag. C.J.1. Smt. Parvati, who has filed this appeal under Section 28 of the HinduMarriage Act (hereinafter, 'the Act') against the decree for divorce dated May 7, 1985, passed by the District Judge, Mandi, in Hindu Marriage Petition No. 75 of 1983, for divorce, was married to Shiv Ram, the first respondent, some time in the year 1955. Shiv Ram was then about 7 years in age. In due course, two children, namely, a duaghter and a son, were born out of thic wedlock. Shiv Ram filed the petition for divorce in Oct. 1983. In Paragraph 4 of this petition he alleged that for the past 15 years Smt. Parvati had started living adulterous life and had deserted him for nearly 3 years and started living in the house of Param Dev, the second respondent. She was, thus, committing adultery openly. She had not performed her marital obligations as legally wedded wife with Shiv Ram for the past 15 years resulting in cruelly and d esertion. When she was asked by Shiv Ram to live in his house, ...
Hans Raj Akrot Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Jun-16-1988
Reported in: AIR1989HP43
ORDERV.K. Mehrotra, Ag. C.J. 1. Plaintiff Hans Raj Akrot filed civil suit No. 497 of 1985 which is pending in the Court of the Sub Judge 1st Class, Amb, in District Una On being advised that the suit suffered from some legal error, he made an application under Order XXIII, Rule 1, C.P.C. for permission to withdraw the suit with liberty to file a fresh suit. The learned Sub Judge disposed of this application by an order dated March 14, 1988. He allowed the application partly to the extent that the plaintiff was permitted to withdraw the suit. The learned Sub Judge, however, refused liberty to the plaintiff to file a fresh suit in respect of the same subject matter. In the operative portion the learned Judge directed that the suit of the plaintiff shall stand dismissed as withdrawn.It is this order which is under challenge in the present revision under Section 115, C.P.C. 2. Notice of the revision was given to the learned Asstt. Advocate General who represents the State of Himachal Prade...
Khushi Ram Vs. Inderjit and ors.
Court: Himachal Pradesh
Decided on: Jun-16-1988
Reported in: AIR1989HP65
V.K. Mehrotra, Ag. C.J. 1. Some land was acquired under the provisions of the Land Acquisition Act (for brief the Act) for the construction of Pong Dam. An award was also made. Khushi Ram demanded a share in the amount of compensation claiming to be the son of Raju Ram (since deceased) from his first wife. He made a petition dt. Sept. 12, 1971 which was forwarded by the Collector under Section 30 of the Act to the court of District Judge, Kangra at Dharamsala. The reference was heard by the learned Addl. District Judge, Dharamsala, who disposed it of by his order dt. Dec. 6, 1975. He dismissed the claim of Khushi Ram who, then, approached this court for redress by filing a first appeal against order (No. 27 of 1975). 2. When the appeal was taken up for hearing, an objection was raised that no appeal lay under Section 54 of the Act against an order made under Section 30 and that, therefore, the present appeal was incompetent. 3. The question whether an order made under Section 30 of the...
Master Puran Chandel Vs. Himachal Pradesh Board of School Education
Court: Himachal Pradesh
Decided on: Jun-08-1988
Reported in: AIR1989HP14
V.K. Mehrotra, Actg. C.J. 1. We have heard the learned counsel and also considered the averments made in the petition and the reply filed on behalf of the respondent.2. As directed by us earlier, the respondent has produced before us the original answer books, the piece of paper which is alleged to have been found with the petitioner as also the proceedings of the Standing Committee which took its decision in the matter of the petitioner on February 18, 1988.3. Under Rule 7 (as quoted in paragraph 13 of the reply filed by the respondent Board), if a candidate is found having in his possession paper, books, notes which can be made use of on the day of examination, the penalty of cancellation of that particular paper can be imposed.4. The stand that the petitioner had taken, in the proceedings against him, was, that the particular piece of paper attributed to him was not in his hand, as alleged, but was lying near his foot. The members of the Flying Squad and the Centre Superintendent, S...
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