Court : Himachal Pradesh
Reported in : AIR1996HP79
kamlesh sharma, j. 1. in this writ petition, the letter of intent issued in favour of the third respondent, smt. kamla rani, granting her dealership for a dealer owned petrol and h.s.d. retail outlet at ner chowk national highway, district mandi (hereinafter called 'the retail outlet') has been challenged on the ground, inter alia, that she was not qualified having her family income more than rs. 50,000/- annually in the relevant financial year 1991-92; she does not ordinarily reside in district mandi and was not entitled for preference being a candidate belonging to the district for which the dealership is advertised and her physically-handicapped certificate produced by her is not issued by the competent authority.2. the facts in brief are that notice inviting applications for retail outlet, from amongst chandidates belonging to 'physically handicapped/personnel of para military forces disabled on duty/widows of personnel of para military forces who die in line with the course of duty' was published in the daily tribune on 13-2-1993 (annexure p-a), in response to which the petitioner, third respondent smt. kamla rani and intervenor seventh respondent rajesh kumar arora, along with other candidates applied. they were interviewed on 6-9-1993 at hotel himland (east), shimla, by the oil selection board (himachal pradesh) on whose recommendations, letter of intent for the retail outlet was issued to the third respondent. the eligibility criteria for selection for dealership/ .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2000HP99
d. raju, c.j.1. these two writ petitions may be dealt with together since they raise common and identical issues for adjudication and the submissions have been made by the learned counsel appearing on either side also in common.cwp no. 246 of 1999 2. this writ petition has been filed seeking for issue of a writ in the nature of a direction to the respondents to produce the answer sheets of the subjects of physics and methematics of cpet conducted by the respondent in june, 1999 and directing them to recheck the answer sheets of physics and mathematics for any mistakes 'in totalling and non-marking', and for a further direction also to show/disclose the key-answers on the basis of which answer sheets were evaluated in terms of the decision reported in air 1991 him pra 39.cwp no. 247 of 1999 3. so far as this writ petition is concerned though the petitioner seeks for similar and identical relief as in the other writ petition, the said relief is confined to the answer sheet relating to the subject of mathematics.4. the grievance of the petitioners is that there is no transparency regarding the conduct of the respondent qua the examination on which the entire future career of the students or candidates was said to depend and in this respect the only allegations made to substantiate their grievances are contained in paras 17 to 19 of the respective affidavits which read as follows :--'17. that there is no transparency regarding the conduct of the respondent qua the examination on .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1985HP88b
p.d. desai, c.j.1. a letter addressed to this court through one of us (chief justice) by fourteen persons, all belonging to the schedule castes, has been registered as writ petition. the petitioners have averred in the petition that they are residents of village chakrali, tehsil and district shimla an area or region which is 'perhaps one of the poorest in shimla district because there is hardly any perceptible source of livelihood'. according to the petitioners, they hold small pieces or parcels of land which are mostly of 'qhasni' variety and earn their livelihood by selling grass and working as agricultural labourers or labourers employed on projects such as construction of roads etc.2. the main grievance of the petitioners is that the state government took up the work of construction of a link road from bhatla kuffar to koti in the year 1977 without payment of compensation as a result of which they have been deprived of their holdings or portions thereof since about seven years without due process of law. according to the petitioners, in the process or as a result of the construction/widening of the road, they have also suffered incidental damage such as loss of trees, common paths, natural water sources and injurious affection to their remaining property. the petitioners submit that they have made repeated requests for payment of compensation but to no avail. another grievance of the petitioners is that on account of construction of the dhalli-shogi road, near sanjauli .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1965HP64
om prakash, j.c. 1. this appeal, against a decree of the senior subordinate judge, mahasu, has arisen out of a suit, instituted by huma nand respondent, against the appellants and bishan lal respondent, for possession of land and buildings, standing thereon, situate in village badah, tehsil kasumpti, district mahasu and for the recovery of rs. 1200/-, as mesne profits, and, in the alternative, for the recovery of rs. 5200/-. the suit was based on the following allegations :2. the property, in suit, belonged to bishan lal respondent. he had sold it to huma nand respondent, for the sale price of rs. 4000/-, by a registered sale-deed, dated 18th march 1960. one of the conditions of the sale was that the vendor was bound to deliver vacant possession of the property sold, to the vendee. but huma nand respondent could get possession of half the building only. the rest of the property was in the unlawful possession of the appellants. daulat ram appellant had made an application, under section 11 of the himachal pradesh abolition of big landed estates and land reforms act, before the compensation officer, mahasu, for the acquisition of proprietary rights in the land, in suit. his application was dismissed. the compensation officer held that daulat ram had failed to prove that he was a tenant of the land. an appeal, by daulat ram, to the district judge, mahasu, failed. the district judge affirmed the finding of the compensation officer that daulat ram appellant had failed to prove .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1952HP51
chowdhry, j.c. 1. this is a second appeal by mst. krishni, the plaintiff-respondent gannun being her deceased husband tulsi's brother. tulsi had predeceased his father kakhu. kakhu died in 1994 b, and on 26-1-1995, the landed property which had stood recorded in his name was mutated half in the name of gannun and half in that of mst. krishni. on the basis of this record mst. krishni applied to the revenue officer in 2004 for partition of her moiety share. this application was resisted by gannun and, on being so directed by the revenue officer, he filed the present suit against mst. krishni on 22-7-2004 for a declaration that the defendant had no right, title or interest in the moiety share which stood recorded in her name and that the plaintiff was entitled to the correction of the revenue records by removal of the defendant's name and substitution of his own.2. the plaint allegations were that the parties were governed by the hindu law; that tulsi died as a member of a joint hindu family consisting of himself & his father kakhu and brother gannun (the plaintiff); that the defendant became unchaste after her husband's death; that on the death of kakhu the entire family property had devolved upon the plaintiff as the sole surviving coparcener and there was no right and interest which could devolve upon the defendant; that her name had been mutated in the revenue records unlawfully and by mistake; that the entire property had been in possession of the plaintiff; and that he had .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1985HP108
orderp.d. desai, c.j. 1. the impugned decision rendered in a proceeding for the execution of an order made under section 32 of the state financial corporations act, 1951 (hereinafter referred to as 'the act') is challenged insofar as it is adverse to the petitioner in regard to one and only one matter, namely, the rejection of the petitioner's contention that the respondent is not entitled to the recovery of future interest. by 'future interest' what is meant is the interest accruing due after the date of the order till the date of recovery.2. in himachal pradesh financial corporation v. m/s. himachal printing press, fao no. 73 of 1980, decided on august 26, 1980 by a division bench consisting of v. d. misra, c,j. and h. section thakur, j., the question whether under section 32, sub-section (1) of the act the district judge has the power to award future interest arose for consideration. the following pertinent observations made in the course of the judgment rendered in the said case are extracted so as to leave no room for doubt or scope fordebate on the interpretation placed on the relevant provisionsof the act:'our attention is invited to section 32 of the act. sub-section (1) gives jurisdiction to the district judge to pass an ad interim order. what the sub-section says is that interim order shall be passed attaching the security or so much of the property of the industrial concern as would 'on being sold realise in his estimate an amount equivalent in value to the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1985CriLJ1270
orderv.p. bhatnagar, j.1. the short question which falls for determination in this criminal revision is whether the provisions of r. 7(3) of the prevention of food adulteration rules, 1955 (hereinafter referred to as the rules) are mandatory or directory.2. the brief facts of the case are that a sample of ajwain was taken from respondent-accused, punnu ram, from his shop at village gerna on july 19,1982 by the food inspector. after completing the legal formalities, it was sent to the public analyst who found it to be adulterated. this resulted in the launching of prosecution against the respondent.3. at the stage of framing of the charge-sheet, a preliminary point was raised that the public analyst had not complied with the mandatory provisions of r. 7(3) ibid inasmuch as his report of the result of analysis was not delivered to the local (health) authority within a period of 45 days from the date of receipt of the sample and that the said violation was fatal. this objection found favour with the learned sub divisional judicial magistrate, dalhousie, who vide his order dated oct. 15, 1983, discharged the respondent of the offence under section 16(1)(a)(i) of the prevention of food adulteration act, 1954 (hereinafter referred to as the act). aggrieved from the aforesaid decision, the state of himachal pradesh has preferred the present revision petition.4. sub-rule (3) of r. 7 of the rules reads:the public analyst shall, within a period of forty-five days from the date of .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (2000)IILLJ1355HP
lokeshwar singh panta, j.1. both these contempt petitions filed under article 215 of the constitution of india read with section 12 of contempt of courts act, 1971 have been taken up and heard together since common questions of fact and law are involved therein and the learned counsel for the parties have made same and identical submissions and are being disposed of by this common order.facts both the petitioners were working with pamwi tissues limited, barotiwala as welder/ fitters. their services were terminated by the management and government of himachal pradesh referred industrial dispute to the labour court under section 10 of the industrial disputes act, 1947 for its adjudication. the labour court quashed the termination of the petitioners as well as other co-workmen vide award dated december 7, 1996 and ultimate para granting relief to the petitioners by the labour court is reproduced as under:'24. the result therefore, is that the entire enquiry proceedings held against the petitioners right from the framing of the charge-sheet ex. pa is liable to be set aside and quashed which i accordingly order. the respondent company is commanded to reinstate the petitioners forthwith on the presentation of the copy of the order by them before it with all back wages and consequential benefits and other advantageous payments which may have accrued to them till today. the payment of the arrears of back wages and such like financial benefits shall be made to the petitioners by the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1990CriLJ995
bhawani singh, j.1. this appeal has been preferred by the state of himachal pradesh against the order of acquittal passed by the learned special judge, mandi division, mandi, in corruption case no. 1 of 1983, on september 25, 1984, acquitting the accused for offences under section 16, i.p.c. read with section 5(2), prevention of corruption act.2. the case of the prosecution, in brief, is that chint ram, a resident of village malthehar had applied for the grant of nautor land in march, 1981. in accordance with the procedure and practice, the application went down to the accused who was the patwari of patwar circle, malthehar.it is further alleged that shri chint ram gave rs. 150/ - to the accused in order to get a favourable report under the impression that it was customary remuneration of the patwari. shri chint ram when failed to get a favourable report, contacted the accused again in 1982, the accused then demanded a sum of rs. 100/- as a gratification. shri chint ram had no money and in order to pay the same, he approached one ramu for the amount, who agreed to pay the same in the presence of gobind ram, pradhan of the village.3. in this way, on april 29, 1982, both chint ram and ramu went to gobind ram and thereafter all of them went to mandi to report the matter to the anti-corruption unit. a report was registered and shri chint ram produced currency notes of rs. 100/- of rs. 50/-, rs. 20/- and three notes of rs. 10/-denominations intended to be given to the accused as .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (2005)IILLJ1054HP
arun kumar goel, j.1. this writ petition is taken up at the joint request of learned counsel for the parties and also keeping in view the limited controversy involved in it.2. petitioner has challenged order dated february 24, 2003, annexure p-1, passed by respondent no. 2. by means of impugned order, reference of dispute between the petitioner and himachal pradesh public works department, division shillai, district sirmaur, has been declined on the ground that the dispute was raised after 12 years without giving any proper justification of delay.3. facts in this case are by and large admitted. these are as under:petitioner was working as a daily-rated workman since 1984. according to him, his 10 services were terminated in the year 1990, without following the principles of either natural justice or the industrial disputes act. he therefore, right from beginning was approaching the office of pwd at shillai for his re-engagement, but despite assurance that he will be re-engaged, nothing was done.4. in this background, he issued demand notice to the executive engineer, shillai division. matter went to the conciliation officer, who submitted failure report to the government. this resulted in passing of impugned order annexure p-1.5. another fact as set out in the writ petition is founded on the plea of discrimination. that in case of one madan lal, whose services were also dispensed with in the year 1987, reference was claimed by the said person. the dispute was referred and as .....
Tag this Judgment!