Court : Himachal Pradesh
Reported in : AIR1980HP5
T.U. Mehta, C.J.1. Petitioner Shanker Dass has filed this writ petition with the prayer that the show cause notice found at Annexure A of Oct., 1978 and the action pursuant to it for disqualifying him from contesting panchayat election for five years and for dispensing with his services as the President of the Gram Panchayat Nalag be quashed.2. The short facts leading to this writ petition are that the petitioner was elected as a President of Gram Panchayat Nalag in the year 1973 and thereafter in Dec., 1978 he was re-elected as such. On 15th Jan., 1979 he took oath of his office.3. By order, dated 22nd February 1979 found at Annexure D, the Governor of Himachal Pradesh has been pleased to disqualify the petitioner from contesting panchayat election for five years and also to dispense with his services as a President of Gram Panchayat, Nalag, under Section 57 of the Himachal Pradesh Panchayati Raj Act 1968. This order is passed on the basis of an enquiry conducted and the subsequent sh...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1980HP16
T.U. Mehta, C.J.1. All these eight appeals arise out of the compensation award given by Motor Accidents Claims Tribunal, Kangra Division to various claimants. All of them contain some common points of law. These claims have arisen out of the same motor accident and, therefore, some of the important facts relating to all these cases are also the same. In view of this, we propose to dispose of the common points arising in these appeals by a common judgment. After disposing of these common points, we shall take up the individual appeals and shall dispose of individual cases on merits 2. Facts of the case are that on 9th October, 1970, a passenger bus, which at the relevant time belonged to the Government transport, and which was having No. HIM 4174, was travelling from Tisa. It was bound for Chamba. When this bus arrived at a place known as Majra Ghar at 3 p.m. on that day, it met with this unfortunate accident in which 44 persons died and 11 were injured. The claims with which we are con...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1980CriLJ889
T.U. Mehta, C.J.1. The appellant Jai Parkash Sharma had filed a private complaint against the respondents Nos. 1, 2 and 3 for the alleged offences punishable under Sections 323 and 506 of the Indian Penal Code, in the Court of the Magistrate First Class, Bilaspur. The incident which is referred to in the complaint is said to have taken place about six years ago, i.e. on 6th October, 1973 at 10-30 A. M. According to the complainant, respondents 1, 2 and 3 had caught him and had given 'blows on his body with an electric-type hunter'.2. After the process was issued, the matter came up before the learned Magistrate on 18-12-1973 when the complainant Jai Parkash was present in person and the respondents Nos. 1 and 3, Jagdamba Prasad and Mata Prasad, were also present in person. However, the respondent No. 2 Shakti Prasad was not present and the summons which was issued to him was also not received back, served or unserved. The court, therefore, ordered that fresh address of respondent Shakt...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1980HP45
V.D. Misra, C.J. 1. The petitioner was elected as Pradhan of the GramPanchayat, Kungrath, Tehsil and District Una, in Nov.-Dec. 1978 after defeating Shri Tarsem Singh, respondent No. 5. Thereafter Tarsem Singh reported to the Deputy Commissioner as well as to the State Government that the petitioner has been convicted under SECTION 16 (1) of the Prevention of Food Adulteration Act on 9th Sept. 1979 by the Chief Judicial Magistrate, Una. The Deputy Commissioner proceeded to suspend the petitioner by his order dated 9th Nov. 1979 (Annexure 'A'). Another notice was served on the petitioner calling upon him to show cause why he should not be removed under the provisions of Section 9 (5) (b) and (c) of the Himachal Pradesh Panchayati Raj Act, 1968 because of the aforementioned conviction (Annexure 'B'). The petitioner immediately asked the Deputy Commissioner to supply him with a copy of the complaint filed by Tarsem Singh, However, it was not done.2. The petitioner moved the present petiti...
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 : AIR1981HP8
V.D. Misra, C.J.1. This Letters Patent Appeal by the State is directed against the judgment of Mr. Justice C, R. Thakur allowing the writ petition of the respondents.2. Khasra Nos. 166, 134 and 57 of village Dhamrara, Tehsil Rohru is a Shami-lat Deh land owned by the villagers On this land stand large number of Deodar, Kail and Rai trees. The respondents, who are contractors and forest lessees, were interested in buying the trees. They negotiated with the villagers who constituted a committee to settle the terms and conditions of sale of the trees. On 18th July, 1974 the respondents entered into an agreement with this committee and a sum of Rs. 2,000/- was paid as advance.3. On 11th April, 1974 Himachal Pra-desh Legislative Assembly passed the Himachal Pradesh Village Common Lands Vesting and Utilisation Act, 1974 (Act No. 18 of 1974) (hereinafter referred to as the Vesting Act). It received the assent of the President on 9th August, 1974, and was published in Rajpatra Himachal Pradesh...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1980HP42
V.P. Gupta, J. 1. This regular first appeal has been filed by Prabhu appellant against the award, dated 5th Oct., 1967 given by the Additional District Judge, Mandi.2. The brief facts of the case are that land measuring 15-6-0 bighas situate in village Purana Nagar, Tehsil Sundernagar, District Mandi, was acquired in the year 1961, and an amount of Rupees 44,072-14 P. was assessed as its compensation. The Land Acquisition Collector referred the matter for apportionment, under Section 30 of the Land Acquisition Act, to the District Judge, because Prabhu appellant claimed himself to be a tenant-at-will of the land. The claimof Prabhu, who was also a co-owner inthe acquired land, with respect to tenancy was denied by the other co-owners. The Additional District Judge, Mandi, who had to decide this reference framed the following issues on 1st August 1964 :'1. Whether Lagnoo, Narpat & Param Dev & Bholu have also a share in the tenancy rights with Prabhu? O. P. Lagnoo etc.2. Relief.' Another...
Tag this Judgment!Court : Himachal Pradesh
V.D. Misra, C.J.1. This judgment will dispose of Writ Petitions Nos. 232 of 1978, 81, 85 and 129 of 1979 since a common question of law has been raised by the petitioners.2. Section 42 of the Himachal Pradesh General Sales Tax Act (referred to as the Act) empowers the State Government to issue a notification exempting, amongst others, small-scale industries from the payment of tax under this Act on the purchase or sale of any goods subject to such conditions as may be specified by the notification. The Government of Himachal Pradesh issued notification (annexure PA) dated 27th May, 1974, granting exemption from payment of sales/ purchase tax to the small-scale industries with effect from 12th April, 1971. The relevant conditions laid down in the notification were these :(1) that there shall not be charged sales/purchase tax from the small-scale industries which were in existence and registered with the Industries Department as such on 12th April, 1971, for a period of three years from ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1981HP1
V.D. Misra, C.J.1. The following question has been referred to the Full Bench :'Whether it is a mistake or error apparent on the face of the record within the meaning of Order 47, Rule 1, C.P.C. in any of the following contingencies:(i) Where after a judgment is pronounced by a court, the Supreme Court or a larger bench of the same court renders a decision taking a different or contrary view on a point covered by the said judgment; or(ii) Where the court so pronouncing a judgment has, for whatever reason, missed to take into consideration a decision of the Supreme Court or a High Court taking a different or contrary view on a point covered by the said judgment.'2. Under Section 55 of the Punjab Cooperative Societies Act, 1961 (the 'Act') the respondents raised disputes with the petitioner. These disputes were referred to arbitration. Awards were given against the petitioner. Under Section 63 (a) of the Act the awards could be executed as decrees of a civil court. Applications for execu...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1981CriLJ776
ORDERT.R. Handa, J.1. This petition under Article 227 of the Constitution read with Sections 482/397 of the Code of Criminal Procedure has been filed on behalf of five petitioners all of whom are presently facing their trial on charges under Section 302/34, I.P.C. in Sessions Trial No. 22 of 1980 pending against them in the Court of Sessions Judge, Mandi. The prayer made in this petition is for quashing of the charges and the trial aforesaid.2. The facts necessary for a proper appreciation of the contentions raised in this petition may in the first instance be noted in brief.Shri Daya Nand, petitioner No. 2, was posted as Head Constable in charge Police Post Pangna, Police Station Karsog when on 14-6-1980 one Jawahar lodged a report at that police post to the effect that a theft had been committed in his house situate in village Bagi. Accompanied by two constables Rattan Singh petitioner No. 3 and another named Dameshwar Ram, Head Constable Daya Nand reached village Bagi in the evening...
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