Court : Himachal Pradesh
Reported in : AIR1974HP14
..... laid down the following tests :--'wherever any body of persons having legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially act in excess of their legal authority they are subject to the controlling jurisdiction of the king's bench division exercised in these writs. ..... state (air 1972 him pra 37) a division bench of this court had the occasion to consider a situation under which a duty was cast upon the tribunal to act judicially and their lordships in para 57 of that report noted what they called 'useful tests' given in prof. s, a. ..... p, abolition of big landed estates and land reforms act, 1953. ..... in my opinion, there was not even a duty cast to act judicially and therefore a personal hearing was not required to be given to the petitioner or the respondents 7 and 8.14. ..... the inference whether the authority acting under a statute where it is silent has the duty to act judicially will depend on the express provisions of the statute read along witih the nature of the rights affected, the manner of the disposal provided, the objective criterion if any to be adopted, the effect of the decision on ..... in fact, the tribunal or authority had no duty to act judicially in so far as its function related to the disposal of the stay application.13. ..... 'the abovenoted observation of their lordships points out the circumstances under which a duty to act judicially can be inferred for a tribunal or an authority.10. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2009(1)ShimLC33
..... there from; and(c) failing such descendants and widow, on his widowed mother, if any, until she dies or remarries or abandons the land or is under the provisions of this act ejected therefrom; and(d) failing such descendant and widow, or widowed mother or, if the deceased tenant left widow or widowed mother, then when her interest terminates under clause (b) or (c) of this section, on his male collateral relatives ..... devolve--(a) on his male lineal descendants, if any, in the male line of descent; and(b) failing which descendants, on his widow, if any until she dies or remarries or abandons the land or is under the provisions of this act ejected therefrom;(c) failing such descendants and widow, or his widowed mother, if any, until she dies or re-marries or abandons the land or is under the provisions of this ..... the old areas the himachal pradesh abolition of big landed estate and land estate and land reforms act, 1953 was applicable to the agricultural tenancies. ..... he also contended that the learned district judge has failed to notice that section 59 of the punjab tenancy act, 1887 was applicable to the merged aveas while reversing the judgment and decree passed by the learned sub judge 1st class, amb ..... 1966 was known as union territory of himachal pradesh and the merged areas are those areas which were transferred and merged with the old area on coming into force of the punjab re-organization act, 1966 on or from 1st november, 1966, which earlier formed part of the state of punjab. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2006(3)ShimLC92
..... (supra), has construed the phrase 'with reference to any property' occurring in an identical proviso in the central court fees act brought about by the punjab court fees (punjab amendment) act, 1953 as indicating and describing an interest which a person has in the property. ..... the single bench delhi high court judgment in the case of union of india through chief commissioner delhi state v. ..... singh has relied upon two single bench judgments of punjab high court and delhi high court. ..... act is in peri materia to the central court fee act, 1870, except that the second proviso to sub-section (iv) is absent in the central act ..... the learned civil judge (senior division), lahaul spiti at kullu, relates to the interpretation to be placed upon the second proviso to sub-section (iv), read with clause (e) of sub-section (v), of section 7 of the himachal pradesh court fee act, 1968 (for short '1968 h.p. ..... act (which is absent in the central act) in suits falling under clause (c) (supra), is it open to a plaintiff to value the suit if the relief sought is with reference to any property, in a manner other than provided in clause (v) of section ..... the central act, therefore, does not have any provision identical or similar to the second proviso obtaining in 1968 ..... act reads thus:for a declaratory decree and consequential relief; to obtain a declaratory decree or order, where consequential relief is prayed.sub-section (iv) (supra) also provides that in all suits falling under clause (c) (supra), plaintiff .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2008(1)ShimLC218
..... in the year 1954, pubjab village common land (regulation) act, 1953 came into force. ..... on coming into force of the himachal pradesh common lands (vesting and utilization) act, 1974 shamlat lands had vested in the state except the lands used or reserved for village community. ..... the trust or its property did not vest in the state nor the act affected the use and nature of the trust.8. ..... would be an important intrinsic circumstance to indicate the private nature of the endowment.it has been further held that even if a part of dharamshah was used by the general public for long time but continuance of such a benevolent acts/chanty would not lead to creation of a trust. ..... the widow of udham singh never acted as manager or trustee of the alleged charitable trust. ..... the land over which the sarai, well/chhabil and shop were constructed had not vested in gram panchayat, amb under punjab village common lands (regulation) act, 1961 and h.p. ..... as a result of this act entire shamlat land of village amb vested in gram panchayat amb vide mutation no. ..... village common land (vesting and utilization) act, 1974. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2009(1)ShimLC346
..... : [1976]1scr847 , the facts were that one teja, a large land owner under the punjab security of land tenures act, 1953 (for short, the act) had three tenants, each of them applied for purchase of ownership under section 18(1) of the act, the assistant collector, primary authority found them to be eligible, fixed the price and instalments of payment and they duly deposited the first instalment. ..... 1 to 3 of the suit were directed to act on the basis of previous selection and merit list already made. ..... death of teja at appellate stage his heirs contended that after the death of teja they are entitled to shares and in this process of fragmentation they become small land owners within the meaning of section 2(2) of the act. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2009(2)ShimLC353
..... land revenue act, 1953 and para 9.8 of h.p. ..... (5) whether the plaintiff is estopped from filing the present suit by his act and conduct? .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1986HP55
..... soon after the death of tulsi the act known as the punjab occupancy tenants (vesting of proprietary rights) act, 1952 (hereinafter to be referred to as the act) was passed and, after the assent of the president was received on 14th april, 1953, it was published in the punjab gazette extraordinary, dt. ..... the point involved in this judgment was whether the property acquired by operation of the punjab occupancy tenants (vesting of proprietary rights) act, 1952, could be termed as an ancestral property or not. ..... he died issueless on march 25, 1953 and was survived by his widow, smt. ..... onkar nath (1970) 72 pun lr (delhi) 46. ..... hazari inherited the property of her husband as a widow on the death of her husband which took place on 25th march, 1953. ..... 1953. ..... the act was, however, given retrospective effect from 15th june, 1952 and it was provided that all rights, title and interest (including the contingent interest, if any) recognized by any law, custom or usage for the ..... 15th april, 1953. ..... act, he became the owner of the land held by him as an occupancy tenant, on payment of statutory compensation. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1964HP2,1964CriLJ34
..... 6 of 1953, hereinafter to be referred as 'the act', the nyaya panchayat did not have the ..... to entertain the application in revision, (b) that the magistrate first class solan was not a sub-divisional judge as contemplated by section 2 (e) and section 93 of the act and was not competent to entertain the application in revision, (c) that section 91 of the act did not have any application when a person figuring as an accused before a nyaya panchayat wilfully omits to appear before it and (d) that no notice of the application in ..... , district magistrate or magistrate first class or sub-judge of the district or the sub-division, as the case may be, in which such sabha or panchayat is constituted; vide section 2 (e) of the act.the definition is not a very happily worded one and it were much better if the words 'collector', 'district magistrate' and 'sub-divisional judge' had been defined separately. ..... urged onbehalf of the respondent that the magistrate first class solan has been notified to be the magistrate of the districtand as such he was competent to act and discharge the functions of a sub-divisional judge.the learned counsel for the respondent was afforded an opportunity to file a copy of such a notification. ..... a case before it and wilfully fails to appear in response to the summons issued and duly served upon him and (2) that though section 57 of the act read with schedule i appended thereto empowers a nyaya panchayat to take cognizance of an offence under section 174, i. p. c. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1973CriLJ1525
..... sub-divisional judge in respect of any case or any suit, and the sub-divisional officer in respect of any proceedings under the punjab land revenue act, 1887, as in force in the transferred territory, and the collector concerned hi respect of any proceedings under the himachal pradesh land revenue act, 1953, may on the application of any party or on his own motion, at any time in a pending case, suit or proceeding as the case may be, and within 60 days from ..... the submission made by the learned counsel for the respondent is that section 206 of the himachal pradesh panchayati raj act, 1968, creates no bar for taking cognizance of any such petition or proceeding by any magistrate but this submission also is not correct, inasmuch as section 206 talks of cognizance of a case or suit only. ..... 'case' has been defined hi section 3 (f) of the act as meaning criminal proceedings hi respect of an offence triable by a nyaya panchayat. ..... that she laid the petition under section 488 of the code of criminal procedure before the nyaya panchayat, which had the jurisdiction under sub-section (2) of section 203 of the himachal pradesh panchayati raj act, 1968, to take cognizance of such cases. ..... panchayati raj act which authorises either the district magistrate or the sub-divisional judge to transfer any such proceedings from the nyaya panchayat to its own file. ..... the proceedings under section 488 do not either fall within the purview of a case or a suit as denned under the act. ..... panchayati raj act. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1972HP24
..... complaints to the collector that the petitioners were trying to usurp possession over the land and the said collector, who is revenue officer presumably under section 163 of the himachal pradesh land revenue act, 1953 (hereinafter to be referred as the act), considered that the land has been encroached upon by the petitioners and as such they should be elected there from and the land be sold by public auction. ..... state), the following observation was made with reference to article 227:'the high court may also be moved to act under it when there has been a flagrant abuse of the elementary principles of justice or a manifest error of law patent on the face of the record or an outrageous miscarriage of ..... in these circumstances, the collector proceeded under section 163 of the act and evicted the petitioners and wanted to dispose of the land by ..... authority under the minimum wages act, 1948 for neral area and civil judge junior division ..... there are other provisions in the act for appeals, review and revisions wherein the order of the revenue officer can be set ..... clause (2) of section 163 of the act is relevant, which is reproduced below ..... a perusal of section 163 of the act will show that any land belonging to the government, if encroached upon by a person, can be got evicted from him and a kind of summary procedure is prescribed for ..... section 163 of the act is itself subject to a decision of title by a court of competent ..... it is therefore, evident that he acted very much within the domain of his .....
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