Himachal Pradesh Court April 2006 Judgments
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Tilak Raj Vs. Tulsi Ram and ors.
Court: Himachal Pradesh
Decided on: Apr-26-2006
Reported in: 2006(1)ShimLC444
Surjit Singh, J.1. Heard. Tulsi Ram respondent, hereinafter called 'DH', was inducted as tenant in certain premises, situate in Shimla Town, by respondents Kuldeep Kumar, Sudarshna Devi, one Vidya Devi (now deceased) and several other persons. In April, 1987, he was illegally and forcibly dispossessed by the landlords. A suit was filed by Tulsi Ram, under Section 6 of the Specific Reliefs Act, to recover the possession. That came to be decreed on 25.5.1991. The landlords, against whom the decree was passed, filed a Revision in this Court, challenging the decree passed in favour of Tulsi Ram. The revision was dismissed in 2001. In the meanwhile, the landlords filed a suit, based on title, sometime in the year 1992, alleging that Tulsi Ram had surrendered the tenancy. That suit was dismissed. Appeal filed against the decree of dismissal of their suit was also dismissed.2. In 1996, Tulsi Ram filed Execution Petition seeking the execution of the decree passed in his favour in the suit, und...
Smt. Giano Devi Alias Giani Devi Vs. Sh. Anant Ram and ors.
Court: Himachal Pradesh
Decided on: Apr-25-2006
Reported in: 2006(2)ShimLC146
Surjit Singh, J.1. This is plaintiffs' regular second appeal against the judgment and decree of the first appellate Court, whereby their appeal, against the judgment and decree of the trial Court dismissing their suit for declaration and injunction, has been disallowed and the decree of the trial Court affirmed. The appeal was admitted on the following three questions:1. Whether exhibit DW-2/A fulfil the legal requirement or not?2. Whether the ancestral property could have been bequeathed in toto in presence of widow and daughter (natural heirs) to the nephews or not?3. What is the effect of principle of cognate or agnate? Whether daughter gets right of inheritance by birth, in ancestral property?2. Facts relevant for the disposal of the appeal, may be noticed. Appellants/plaintiffs Satya Devi and Giano Devi filed a suit for declaration that they were owners in possession to the extent of l/5th share of land, measuring 38 Bighas 6 Biswas, bearing Khasra No's.v4, 8, 12, 18, 24, 31, 45, ...
Mohinder Lal and ors. Vs. Tule Ram and ors.
Court: Himachal Pradesh
Decided on: Apr-25-2006
Reported in: AIR2006HP103,2006(2)ShimLC142
Surjit Singh, J.1. The present appeal was admitted on the following substantial questions of law :1. Whether the findings of the Courts of facts (both Courts) holding the suit to be within limitation is vitiated by non-consideration of the oral as also the documentary evidence produced by the parties?2. Whether the document purporting to be partition deed-cum-Will being unregistered, is inadmissible in evidence and both the courts below have given a wrong approach thereto by acting upon it and consequently holding the plaintiff to be the exclusive owner in possession of the property in dispute?2. Facts relevant for determining the aforesaid questions, may be noticed. Respondent Tule Ram, hereinafter called plaintiff, filed a suit for declaration that he was owner in possession of 3 Bighas 10 Biswas of land, bearing Khasra No. 901, situate in Phati Rot-I, Kothi Bhallan, Tehsil and District Kullu, as the said land had been given to him by his father through a Will-cum-partition deed, exe...
Smt. Mathi and anr. Vs. Laiq Ram and anr.
Court: Himachal Pradesh
Decided on: Apr-25-2006
Reported in: AIR2006HP131,2006(2)ShimLC136
Surjit Singh, J.1. The present appeal is directed against the judgment and decree, dated 9.12.1994, of the learned District Judge, whereby decree of the trial Court, decreeing the suit filed by late Smt. Madhuri, now represented by her Legal Representatives, appellants herein, has been set aside and the suit dismissed.2. Facts relevant for the disposal of the appeal may be noticed. Late Smt. Madhuri was the wife of one Shri Dhania. Dhania owned certain landed property, situated in two different villages of Theog Tehsil. Madhuri filed a suit in January, 1988 alleging that Dhania had died about 3-4 months back and on his death she had inherited the suit property, being his sole legal heir. She stated that they did not have any issue. It was alleged that the defendants, without any right, title or interest in the suit property, threatened to interfere in her possession and also attempted to forcibly oust her from the house of Dhania. Therefore, she filed a suit for issuance of permanent p...
Pawan Sharma Vs. Tarkeshwar Shah
Court: Himachal Pradesh
Decided on: Apr-20-2006
Reported in: 2006(2)ShimLC212
V.K. Gupta, C.J.1. In this petition filed under Article 227 of the Constitution of India, the petitioner has challenged the correctness and validity of the order dated 12th April, 2004 passed by the then learned Sub Judge (1), Shimla. By this impugned order, the learned Court below, while allowing an application filed by the respondent under Section 151 of the Code of Civil Procedure, recalled the order dated 7th April, 1998 passed by his order dated 7th April, 1998 passed by his predecessor. By this order dated 7th April, 1998 the Court had, based upon the agreement of the parties referred the disputes between the parties to an agreed Arbitrator, namely, Shri J.S. Bhogal, Advocate. Brief facts leading to the filing of this petition are as under:2. Civil Suit No. 17/1 of 1997 was filed by respondent Shri Tarkeshwar Shah against the petitioner Shri Pawan Kumar Sharma for obtaining a decree of permanent prohibitory injunction. In this suit the petitioner-defendant before filing written s...
Branch Manager Uco Bank Vs. Satluj Jal Vidyut Nigam Ltd. and ors.
Court: Himachal Pradesh
Decided on: Apr-12-2006
Reported in: 2006(1)ShimLC460
Surjit Singh J.1. Heard and gone through the record. Appellant defendant UCO Bank is aggrieved by the decree passed by the learned first appellate Court for recovery of certain amount of money on account of arrears of rent in favour of respondent Satluj Jal Vidyut Nigam Ltd., after reversing the decree of dismissal of the suit passed by the trial Court.2. Facts relevant for the disposal of the appeal may be noticed. A suit was filed by respondent Satluj Jal Vidyut Nigam Ltd., hereinafter referred to as plaintiff, seeking recovery of certain amount of money on the ground that a shop had been let out by it to the appellant-defendant UCO Bank through its Branch Manager at Rampur, on monthly provisional rent of Rs. 1,920/~, subject to the fixation of final rent based on assessment of standard rent by the concerned authorities. Suit was contested by the appellants on the ground that though the premises of the plaintiff had been in their occupation for running a counter of the Bank, yet no r...
H.R.T.C. and anr. Vs. Smt. Pushpa Devi and ors.
Court: Himachal Pradesh
Decided on: Apr-12-2006
Reported in: III(2006)ACC207,2007ACJ134,2006(2)ShimLC4
Deepak Gupta, J.1. This appeal Under Section 30 of the Workmen's Compensation Act is directed against the award of the Commissioner under the Workmen's Compensation Act, Rampur Bushehar, District Shimla in case No. 13/99, decided on 27.1.2003. This appeal was admitted on 12.6.2003 on the following substantial question of law;-1. Whether the deceased workman Partap Singh was discharging the official duties at the time of the accident resulting in his death or not ?2. The brief facts relevant for deciding this question are that the deceased, Pratap Singh, was employed as a helper in the H.R.T.C. He was posted in the H.R.T.C. workshop at Rampur Bushehar. On 13.11.1998 he was deputed to repair a bus at Sungra (Bhawanagar). The deceased left Rampur Bushehar in the morning at about 10-11 a.m. and reached Bhawanagar at about 2.00 p.m. The bus was repaired by 8.00 p.m. This fact is proved from the evidence of RW-2 Yagya Dutt, Junior Technician, H.R.T.C. who was posted at Sungra and RW-3, Mehar...
Pushpa Bhatnagar Vs. H.P.M.C.
Court: Himachal Pradesh
Decided on: Apr-10-2006
Reported in: 2006(2)ShimLC1
K.C. Sood, J.1. This second appeal arises out of the judgment and decree of learned District Judge, Shimla dated 1.9.1999. By the impugned judgment, learned District Judge while maintaining the decree, reduced the interest of 18% granted by the trial Court to 12% per annum during the pendency of the suit and at the rate of 6% till the realization of the decretal amount.2. This appeal was admitted on 8.11.1999 on the following substantial questions of law:1. Whether the District Judge was justified in modifying the judgment of the trial Court and reducing the rate of interest from 18% per annum to 12% per annum for the period prior to the suit and to 6% per annum for pendent lite and future interest in view of the fact that the transaction was the commercial transaction and the defendant was charging interest @ 18% per annum vide PW8/12 and PW8/13 and the statement of the defendant's witness?2. Whether the learned District Judge has misread and misconstrued the pleadings of the parties ...
Preet Pal Monga and anr. Vs. H.P.M.C.
Court: Himachal Pradesh
Decided on: Apr-10-2006
Reported in: 2006(1)ShimLC413
K.C. Sood, J.1. This second appeal arises out of the judgment of reversal of learned District Judge, Shimla dated September 1, 1999.2. It appears pursuant to the decision taken by the Government of Himachal Pradesh, the Horticulture Produce Marketing and Processing Corporation, a Government of Himachal Pradesh undertaking, was charged with the responsibility to procure apples on behalf of the State Government under the Support Price Scheme particularly 'culled apples' (bad apples) to save the farmers from financial crisis. One of the centre/sub-centre to collect the fruit was located in village Asthani in Tehsil Rohru of District Shimla. Under the Scheme, the 'culled fruit' was to be received by the defendant Corporation and incharge of the concerned centre was required to issue receipt indicating the net weight of the fruit and the amount to be paid to the fruit grower in prescribed form.3. The plaintiffs-appellants laid a suit before the Sub-Judge 1st Class, Rohru for recovery of a s...
Surinder Singh Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Apr-10-2006
Reported in: 2006(2)ShimLC237
K.C. Sood, J.1. This judgment shall dispose of these two petitions under Articles 226/227 of the Constitution of India as both the petitions arise out of a common order of the Financial Commissioner-cum-Secretary (Relief and Rehabilitation) also exercising the revisional jurisdiction under the Displaced Persons (Compensation and Rehabilitation) Act, 1954, hereinafter referred to as the 'Act'.Relevant facts.2. Late Sardar Santokh Singh, father and predecessor-in-interest of the petitioner Surinder Singh, being displaced person, purchased the property known as '31 Cosy Nook Estate', Shimla in an auction held on September 11, 1954 by the District Rent and Managing Officer, Ambala. This property was an Evacuee Property and was placed in the Evacuee Property Pool having been vested in the Central Government under Sub-section (2) of Section 12 of the Act. The property was purchased by Sardar Santokh Singh for a sum of rupees 52,000/-. The boundaries of the property sold in auction were descr...
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