Court : Himachal Pradesh
Decided on : Aug-07-1962
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
Decided on : Jun-15-1962
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
Decided on : Sep-29-1962
Reported in : AIR1963HP18,1963CriLJ762
C.B. Capoor, J.C.1. Dayal has appealed through the Superintendent District Jail Nahan against the order of the learned Sessions Judge, Mandi and Chamba Division, convicting him of an offence under Section 304, Part II, I.P.C., and sentencing him to undergo rigorous imprisonment for a period of six years. The appellant was prosecuted for the offence under Section 302, I.P.C., but was acquitted of that and the State has submitted to the order of acquittal.2. The facts leading to the prosecution of the appellant lie within a narrow compass and may briefly be stated as below:--The appellant and Biasakhi, hereinafter to be referred as 'the deceased', were residents of village Jaol and their fields used to be irrigated with the water of the same Kuhl known as Sarli. Differences had arisen between them over the right to take water from the said Kuhl and on 20th November 1960 a complaint was filed by the deceased against the appellant and some others in the Gram Panchayat Pandol. Efforts made ...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Apr-30-1962
Reported in : AIR1963HP3
C.B. Capoor, J.C.1. This first appeal by the defendants is directed against a judgment and decree of Shri Tara Chand Rewal, the then learned Senior Subordinate Judge Mahasu, whereby the suit filed by the respondents for recovery of a sum of Rs. 16,500/- was decreed for recovery of a sum of Rs. 15,000/- and proportionate costs.2. In order to appreciate the contentions advanced on behalf of the parties the following facts had better be narrated : -The appellant and the respondent firms are timber contractors. The partners of the appellant firm are Jai Ram and his son Jagannath and the partners of the respondent firm are Kahna Ram and his son Hans Raj. The Upper Bushahr Forest Division of the Himachal Pradesh Forest Department invited tenders for the floating of timber in river Sutlej during the year 1957-58. The last date for the submission of the tenders was 22-4-1957. On that date the partners of the respondent firm and Jagannath, one of the partners of the appellant firm, were at Ramp...
Tag this Judgment!