Court : Himachal Pradesh
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...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1977HP1
C.R. Thakur, J.1. This appeal has arisen out of a suit brought by Smt. Lila Wati widow of Duni Chand and her sons and daughters against Paras Ram and his sons for possession of the lower flat of house situate in Chowk Bazar, Solan, and for recovery of Rs. 900/- on account of use and occupation and future mesne profits. In order to appreciate the facts of the case it will be better to give the pedigree-table of the parties and which is as under: BHUJA MAL | ------------------------------------- | | | Sawan Ram Munshi Ram Paras Ram (died isssueless) | (Defdt. No1 I) Duni Chand | | | ---------- | Saroj, Krishna, Usha | Surendara (Daughters) | Anil Kumar, Lalit Kumar'(sons)| Lila Wati (Window) | | --------------------------- | | Basheshar Nath Som Nath (Defdt. No.3) (Defdt. No.2)Till 1937 according to the plaintiffs the three brothers, Sawan Ram, Munshi Ram and Paras Ram constituted a joint Hindu family and in that year a partition was effected between these three brothers and a mutation ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(1990)DMC127
Bhawani Singh, J.1. This appeal, by the husband, arises out of the judgment of District Judge, Hamirpur in H.M.P. No. 2 of 1985 decided on 31-12-1988. The grievance is that this petition, jointly moved by the parties under Section 13-B of the Hindu Marriage Act, 1955 (in brief 'the Act') for dissolution of marriage by a decree of divorce, has been dismissed by this Judgment and the appellant appeals that the decision is illegal and deserves to be set aside and the application under Section 13-B of the Act deserves to be allowed.2. The facts, in brief, are that the appellant and the respondent were married on 21-11-1968 but soon they fell apart. They have no issue out of this wedlock. The matter came to such a pass that finally on January 8, 1985, a joint petition was moved under Section 13-B of the Act for the dissolution of marriage by a decree of divorce. The statements of the parties, on oath, were separately recorded by the Court on 9-1-1985. This is the first stage of the case. Th...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1993CriLJ1061
V.K. Mehrotra, J.1. On a reference made by the District and Sessions Judge, Mandi, Kullu and Lauhal and Spiti Districts at Mandi, through letter of 19 December, 1991 addressed to the Registrar of this Court, the present proceedings were initiated against respondent Nawal Thakur of village Bhutti in Tehsil and District Kullu (H.P.). The reference of the District and Sessions Judge is one under Section 15(2) of the Contempt of Courts Act, 1971. The District and Sessions Judge had been requested by the Additional Chief Judicial Magistrate, Kullu, through his letter of 8 November, 1991 to make a reference to this Court.2. Nawal Kishore instituted a criminal complaint No. 375/1 of 1991 against S/Shri Shanta Kumar (at present the Chief Minister of Himachal Pradesh), Maheshwar Singh son of Mohinder Singh, Rupi Palace, Kullu and Roop Singh (the then Forest Minister, Himachal Pradesh) under Sections 120-B/379/447/420/427/395/109, I.P.C. on 28 August, 1991. He filed another complaint the next da...
Tag this Judgment!Court : Himachal Pradesh
Reported in : [2006(109)FLR800],2006(1)ShimLC219
K.C. Sood, J.1. Petitioner Bimla Devi is widow of late Sepoy Amar Singh of Punjab Regiment, who laid down his life on 22nd September, 1965, during Indo-Pak War. Petitioner was granted special pension. On her remarriage special pension was withdrawn and instead was granted normal family pension permissible under the Pension Rules. Family pension was also withheld/stopped w.e.f. 1st February, 1972.2. The petitioner by this writ petition prays for quashing of the orders/communications as communicated to her vide Annexures P-l and P-2.3. Admitted facts :On the death of her husband, in action, during Indo-Pak War of 1965, petitioner was granted special family pension in January, 1966, being nominated person by her husband. However, respondent No. 5 Jharu Ram, father of the deceased, represented to the Army Authorities for the grant of the special family pension as he was totally dependant on the income of his son Amar Singh as Bimla Devi, the petitioner, refused to maintain him. The Army Au...
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(2005)DMC831
Deepak Gupta, J. 1. This judgment shall dispose of two appeals being Criminal Appeal No. 576/2002 and Criminal Appeal No. 693/2002. Accused Bhupinder Singh, his father Baldev Singh and mother Smt. Vandana were all charged under Section 302 read with Section 34 of the Indian Penal Code (hereinafter referred to as IPC) for having committed the murder of Sonia wife of Bhupinder Singh at village Saglayana on the night intervening 11.6.2001 and 12.6.2001. In the alternative they were all charged with having harassed and maltreated deceased Sonia on account of demand of dowry and treated her with cruelty and hence committed art offence under Section 498A, IPC. Thirdly all the accused were charged with having committed an offence under Section 304B, IPC as they had treated the deceased. Sonia with cruelty on account of demand of dowry soon before her unnatural death on the night intervening 11.6.2001 and 12.6.2001.2. The learned Sessions Judge, Solan vide his judgment dated 24.7.2002 in Sessi...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2006(1)ShimLC115
V.K. Jhanji, J.1. This shall dispose of application under Section 151 CPC for recalling of order dated November 7, 2005 passed in CWP 886 of 2003.2. At the outset, we may say that not only the application for recalling order dated November 7, 2005 in CWP 886 of 2003, is an abuse of the process of the Court, but CWP 886 of 2003 too was an abuse of the process of the Court. CWP 886 of 2003 was heard by Division Bench of which I was one of the Members on November 7, 2005. Learned Counsel for the petitioner argued for nearly an hour and after hearing the other Counsel, and on meticulously going through the record of the writ petition, the Bench was of the considered view that the writ petition is nothing but an abuse of the process of the Court and when we were about to dismiss the same with costs of Rs. 40,000/-, learned Counsel for the petitioner Shri Rajiv Sharma, Senior Advocate, in order to save the petitioner from heavy costs, made a statement to withdraw the writ petition. In the li...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2000HP73,I(2000)DMC685
M.R. Verma, J.1. This appeal under Section 28 of the Hindu Marriage Act, 1955 (hereafter referred to as the 'Act') is directed against the judgment and decree dated September 1, 1998 passed by the learned District Judge, Solan, whereby the petition of the husband/respondent under Section 13 of the Act has been allowed and the marriage between the parties has been dissolved.2. The facts leading to the presentation of this appeal are as follows. The marriage between the parties was solemnised on September 28, 1984 at Shamli (Uttar Pradesh) in accordance with the Hindu rites andceremonies. The parties thereafter cohabited as husband and wife at Delhi, Belgaum, Chandigarh and lastly at Subathu. Out of the wedlock son Karan and daughter Nidhi were born respectively on October 23, 1986 at Delhi and on November 25, 1990 at Chandimandir. The respondent/husband filed a petition under Section 13 of the Act praying for a decree for dissolution of the marriage on the ground of cruelty in the Court...
Tag this Judgment!Court : Himachal Pradesh
Reported in : [2001]103CompCas629(HP)
Lokeshwar Singh Patna, J. 1. The above writ petitions have been filed seeking to strike down Section 3 of the H. P. Public Moneys (Recovery of Dues) Amendment Act, 1982 (hereinafter referred 'the Act'), being ultra vires the Constitution of India and to quash the demand notices issued bythe managing director of the H. P. Financial Corporation (HPFC) and recovery notices by the Collectors of the Districts calling upon the petitioners to deposit the loan amount advanced to them and in default thereof, their movable and immovable property would be attached and recovery be effected as arrears of land revenue under the Himachal Pradesh Land Revenue Act, 1978. These writ petitions have to be dealt with in common since they not only raised common questions of law but learned counsel appearing also have made common submissions subject to certain variations pertaining to the facts of the each case. The factual details necessary for appreciating the claims of the contesting parties are as follow...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1998HP46
M.N. Rao, C.J.1. This is an unusual writ petition with hardly any parallel. The State of Himachal Pradesh represented by its Secretary, Department of Health is seeking judicial review of the action of the Central Government represented by the Secretary, Ministry of Health and Family Welfare and the Medical Council of India represented by its Secretary, New Delhi, concerning permission for a Medical College --Dr. Rajendra Prasad Government Medical College, it wants to establish at Tanda in Kangra District with an annual intake of 50 students in the first year, the academic year 1997-98. 2. The State of Himachal Pradesh comprises mountainous terrain of 55,693 sq. km. with 19388 villages scattered all over the State and most of the inhabitants are of tribal and rural background. For the entire State there is only one medical college Indira Gandhi Medical College established in 1960 in the capital city Shimla, long before the State of Himachal Pradesh came into being. The annual intake for...
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