Court : Himachal Pradesh
Reported in : AIR1996HP38
D.P. Sood, J.1. By this writ petition under Article 226 of the Constitution of India, the petitioners seek the relief of issuance of appropriate writ., direction or order, directing the respondents to:i) complete the on-going land revenue settlement operations as Second Revised Settlement strictly in accordance with the intent of the two notifications one pertaining to the special revision of the existing records of right under Section 33 of the H. P. Land Revenue Act, 1953 and the other for general assessment of land revenue under Section 53 of the said Act;ii) withdraw Instructions Nos. 2, 4 and Supplementary Instructions Nos. 2, 23 and 32 of the Compendium of Instructions, issued by the 4th respondent (Settlement Officer);iii) bring up-to-date at re-settlement the field map of the previous settlement without recourse to re-measurement and preparation of the record of rights including wazib-ul-arz etc. strictly in accordance with Instructions contained in Para 222 of the Settlement M...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1962HP59
ORDERC.B. Capoor, J.C.1. This petition under Article 226 of the Constitution of India is directed against the Lieutenant-Governor Himachal Pradesh and arises in the following circumstances:2. Theog was at first a notified area under the Punjab Municipal Act, 1911, hereinafter to be referred as 'the Municipal Act', as applied to Himachal Pradesh. Subsequently, it was declared to be a small town under the Punjab Small Towns Act, 1921, hereinafter to be referred as 'the S. T. Act' as applied to Himachal Pradesh. In accordance with Section 4 of the S. T. Act a small town committee of Theog was established on 25-4-1953. The committee consisted of six elected and two nominated members. Election to the small town committee was held in August 1960 and the petitioner was elected as a member from Ward no. 5 and a notification dated 4-10-1960 was issued by the Himachal Pradesh Administration notifying the names of six elected members. The Sub-Divisional Officer Public Works Department Theog and t...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1959HP12
ORDERT. Ramabhadran, J.C.1. This petition, under Article 228 of the Constitution arises under the following circumstances:--The petitioner Shri A. D. Bali, Officiating Deputy Superintendent of Police, Bilaspur, is being proceeded against departmentally, by the respondent, on the basis of a charge-sheet dated 27-6-1958 (Annexure 'A'). Along with the original charge-sheet, a statement of allegations has been appended, although the same has not been enclosed with this petition, but it was shown to me during the course of arguments. These allegations are to the effect that when the petitioner was transferred from Chini to Kasumpti, about three years ago, ho drew certain amounts, to which he was not entitled under the Rules, by way of travelling allowance by making false representations.The petitioner's main contention is that the charge-sheet discloses an offence described in Section 5(1) (d). Prevention of Corruption Act, 1947. Since the same is triable exclusively by a Special Judge, as ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1981HP75
H.S. Thakur, J.1. The appellants filed a claim petition before the Motor Accidents Claims Tribunal (the Tribunal in short) Mahasu District, on account of the death of Shri Manjeet Singh in a jeep accident. The same was, however, dismissed by the aforesaid Tribunal on 25-7-1969. It was stated in the application that Manjeet Singh, aged 22 years, son of Asa Singh appellant and the brother of other petitioners/appellants was employed as a Sectional Officer in the Public Works Department of Himachal Pradesh, and at the time of the accident he was working in Gaura section of Ram-pur Bushahar. On 7-12-1967, he boarded jeep HIM-2458 belonging to the Rampur Division of the Public Works Department bound for Pachhada on Rampur Gaura road which was carrying diesel to the work site. The deceased was travelling in that jeep and was going on duty. At about 5 P. M. the jeep met with an accident at a place 4 miles and one furlong from the starting point of Rampur Gaura Road. The jeep rolled down some ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1981HP15
V.P. Gupta, J.1. This second appeal has been filed against the judgment and decree of the District Judge, Mandi, dated 8th November, 1968, by which he has accepted the appeal of Ram Saran and others, defendants, and has set aside the judgment and decree of Additional Sub-Judge, Mandi, dated 27th June, 1967.2. The brief facts of the case are that Tejinder Singh and others, appellants, had filed a suit for possession against Ram Saran and others, respondents, on the ground that Ram Saran and others, (defendants), are in illegal possession of the disputed land and that they (the appellants) are the rightful owners of the suit land. This suit was contested by Ram Saran and others and they alleged that Smt. Waziro was the owner of the property and after her death her estate was inherited by Khazan Singh grandfather of the plaintiffs-appellants to the extent of one-third share; defendants 1 to 3, i. e., sons of Puran one-third share, and defendants 4 to 6 one-third share. It may be mentioned...
Tag this Judgment!Court : Himachal Pradesh
Reported in : (1994)ILLJ906HP
Kamlesh Sharma, J. 1. The petitioner was promoted to the acting rank of Brigadier on April 10, 1990 and since then he has been working as such. By letter dated March 4, 1992 (Annexure PD/1) he was informed that the competent authority had not approved the grant of substantive rank of Brigadier to him. In view of his not being deemed fit for appointment to the substantive rank of Brigadier, by letter dated July 17, 1992 (Annexure P-D), the Military Secretary to the Government of India asked the option of the petitioner, besides two others, to seek voluntary retirement as acting Brigadier or revert to lower substantive rank and retire in due course, as per the instructions contained in Army Head-quarter letter No. 29189/II/MS (X) dated February 23, 1986.2. Instead of exercising his option, the petitioner has knocked at the door of this Court by way of the present writ petition to challenge the letters dated March 4, 1992 and July 17, 1992 (Annexure P. D/l and P.D.) on the ground, inter a...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1962HP68
ORDERC.B. Capoor, J.C.1. This petition under Article 226 of the Constitution of India has been filed by NegiBalbahadur Singh against the Lieutenant Governor, Himachal Pradesh.2. By a notification dated 21st July 1958, the respondent in the exercise of powers conferred by Section 4 sub-section (2) of the Punjab Small Towns Act, 1921, as applied to Himachal Pradesh, nominated the petitioner as a member of the Small Town Committee Rampur. By a subsequent notification dated 17th of June 1961, the respondent removed him from the membership of the aforesaid committee and a copy of that notification was forwarded to him by the Magistrate First Class Rampur vide his endorsement No. 501/61 dated 27th of June, 1961. No opportunity was afforded to him to show cause against the proposed action.As a result of the order of removal he cannot seek election to the membership of a Small Town Committee for a period of 5 years, and his gravamen is that it was a violation of the principles of natural justi...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2002CriLJ3832
ORDERLokeshwar Singh Panta, J.1. In Sessions Trial No. 2 l-S/7 of 1998, the Sessions Judge, Shimla, convicted the appellant-accused for offence under Section 376 of the Indian Penal Code So and sentenced him to undergo rigorous imprisonment for 7 years with the fine of Rs. 1000 / -. In default of payment of fine the appellant shall undergo further rigorous imprisonment of one year. The appellant has challenged his conviction and sentence in this appeal. The prosecutrix (PW-1) is the wife of Raju (PW-3) . They are the residents of village Chadach, Tehsil Chopal, District Shimla. In the year 1997, PW Raju was employed as Chowikidar by Bija Ram (PW 5) to look after his orchard at his 'Dogri' (out house) located about 1 Km. away from his village Kuhl. Both the husband and wife started living in the Dogri of PW Bija Ram.2. The case of the prosecution against the appellant is that on 25-5-1997, PW 3 left the 'Dogri' around 6.00 a.m. for village Shantha to attend a local fair. Prosecutrix rem...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2002CriLJ3949
M.R. Verma, J.1. This appeal has been preferred by the accused convict against his conviction and sentence under Section 302 of the Indian Penal Code. He is accused of pouring kerosine oil on the Smt. Bholi Devi and setting her ablaze on 17-5-1999 as a consequence whereof she died on 18-5-1999. The defence of the accused is that Sidhu alias Mohinder, husband of the deceased, is a notorious criminal and deals in the distillation and sale of illicit liquor and the police officials of Police Post, Nagrota Surian, where the report was lodged, are helping Sidhu in his work of illicit distillation whereas the accused had been objected to it. Therefore, he has been falsely implicated in the case.2. During the course of hearing of this appeal when the learned counsel for the appellant was reading statement of Head Constable Parma Nand (PW-15), who partially investigated the case, a doubt arose about the correct recording of the English version of his statement to the following effect:It is inc...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1991HP50
ORDERBhawani Singh, J. 1. Petitioner Jamit Ahmad has a grievance against the judgment of the appellate authority under the Rent Control Act (District Judge), Nahan, in appeal No. 12N/ 14 of 1982, decided on April 28, 1983, thereby affirming the order of eviction passed by the Rent Controller, District Sirmur, at Nahan, in Rent Suit No. 2/2 of 1979, decided on July 1, 1982. 2. The facts, in brief, are that the tenant (hereinafter referred to as 'the petitioner') is occupying the shop on the ground floor of the building bearing Municipal No. 1759/9, situate in Ward No. 9, Mohalla Ganughat, Nahan. It is a double storeyed building and the respondent (hereinafter called as 'the landlord') purchased it through a registered sale deed dated October 5, 1978 and is occupying the first floor thereof. 3. A petition, seeking eviction of the petitioner was moved on the grounds inter alia that he was in arrears of rent; that the building has become unsafe and unfit for human habitation; the same is b...
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