Court : Himachal Pradesh
Reported in : AIR1973HP30
R.S. Pathak, C.J. 1. The petitioners in the two writ petitions before us challenge the validity of the Select List of the year 1971 prepared under the Indian Administrative Service (Appointment by Promotion) Regulations. 1955.2. Shri D. K. Khanna, who has filed Civil Writ Petition No. 5 of 1972. ipined the Punjab Civil Service (Executive Branch) as a Magistrate in 1954, and was confirmed in the Service with effect from May 8, 1958. Kr. Site Ram, who has filed the connected Civil Writ Petition No. 11 of 1972. entered the Patiala and East Punjab States Union Administrative Service in 1955, and upon the merger of that Union into Punjab on November 1. 1956, he was absorbed into the Punjab Civil Service (Executive Branch). With effect from November 1, 1966, the two petitioners. Sh. D. K. Khanna and Kr. Sita Ram. were provisionally allotted to the Union Territory of Himachal Pradesh under Section 82 (1) of the Punjab Reorganisation Act, 1966.3. At the time the only Civil Service in the Union...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1973HP76
D.B. Lal, J.1. This first appeal has been brought by defendant the Union of India from the judgment dated 30thJune, 1970 of the Senior Sub-Judge. Mahasu, wherein the suit of the plaintiffs Sadh Bam and four others for a declaration as to their right of ownership for trees growing over 92.4 bigha area comprising in six Khasra numbers, situate in village Deha, Pargana Shilla, Tehsil Theog. is decreed.2. The plaintiffs' case before the learned Senior Sub-Judge was. that they were tenants of the disputed land of which the proprietary rights had vested in the State Government under Section 27 of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act. 1953 (hereinafter to be referred as the Abolition Act. 1953). Under Sub-section (4) of Section 27. the right, title and interest of the land-owner, namely, the State Government, were to be transferred to the tenants who cultivated the land. The plaintiffs claim to be such tenants and therefore applied to the Compensation Offi...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1974HP1
R.S. Pathak, C.J.1. The Union of India is aggrieved by an order of the District Judge, Simla. as Appellate Officer under the Public Premises (Eviction of Unauthorised Occupants) Act, 1958, quashing an order of the Estate Officer for eviction of the respondent, Shri C. Baljee.2. The Grand Hotel. Simla, belongs to the Government of India. On April 15, 1965. the Government executed a lease in favour of Messrs Bailee in respect of a portion of the Grand Hotel for three years ending April 14. 1968 on an annual rent of Rs. 49,812/- payable monthly. There was a clause in the lease that it could be renewed at the option of the Government upon the expiry of the period of three years. On January 9/12, 1968 the Government of India wrote to the lessee that it had decided not to renew the lease and that, therefore, vacant possession should be handed over upon its expiry. The lessee served a notice under Section 80 of the Code of Civil Procedure on the Central Government protesting against the direc...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1973CriLJ1375
ORDERD.B. Lal, J.1. This is a reference made to High Court under Section 438 of the Criminal Procedure Code and arises out of the order made in revision by the learned Additional Sessions Judge, Dharamsala, in a case under Section 133, Criminal Procedure Code instituted before the S. D. M. Palampur as a result to a complaint submitted by Jogeshwar Ram for a mango tree which is standing near his house and of which the branches extend upto his roof and is likely to endanger the security of his house in case it falls, clue to the action of wind or rough weather. The complaint of Jogeshwar Ram was that the tree belonged to Hira Lai and is at a distance of about 10 to 12 yards away from his house. Some two years ago a branch of this tree fell and damaged the roof of the complainant. According to him, the roots of the tree have got exposed and it is likely to fall any time on his house and thereby cause damage to his life and property. The S. D. M. Palampur, after receiving the complaint, go...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1973CriLJ1525
Chet Ram Thakur, J.1. This is a petition under Article 227 of the Constitution of India read with Section 561-A of the Code of Criminal Procedure with a prayer that the order and judgment of the learned District Magistrate, Kinnaur District at Kalpa, dated the 31st July, 1972, be quashed.2. The present respondent had filed a petition under Section 488 of the Code of Criminal Procedure before the Nyaya Panchayat Kalpa on 31st December, 1970 fou maintenance to herself from the present petitioner in this Court on the allegations that according to the custom prevailing in their JJaqa she was a legally married wife of the petitioner and that he had cohabited with her on that right and as a result of that she also conceived a child. When the petitioner saw that the respondent had conceived he tried to get rid of her and somehow or other turned her away from his house on 24th December, 1970. It was on that ground that she laid the petition under Section 488 of the Code of Criminal Procedure b...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1974HP19
ORDERChet Ram Thakur, J.1. In connection with the construction of the Pong Dam, the Government had also acquired the land of Dhampu in Tikka Behari, Mauja Dugha, Tehsil De-hra, District Kangra. It appears that he was not satisfied with the award of the Collector and he filed his objections before the Collector for referring the same for adjudication to the Civil Court. The Additional District Judge, it appears, enhanced the award vide his judgment, dated 24th September, 1970.2. The State Government filed an appeal against this judgment of the Additional District Judge enhancing the compensation amount on the reference petition being made by Dhampu claimant. The appeal was filed on 19th December, 1970. On 1st July, 1972, the Advocate-General presented this application CMP No. 365 of 1972. He had stated therein that the claimant-respondent died on 13th February, 1972 as it had now been learnt by him and that he was an oustee from Tikka Behari to whom land had been allotted in Rajasthan. ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1974HP52
Chet Ram Thakur, J.1. During the pendency of the regular first appeal No 22/1967, Krishan Lal v. Beant Singh, the respondent died on 23-8-1969 in the P. G. I. at Chandigarh. The appellant did not take any steps to bring on record the legal representatives of Shri Beant Singh deceased, and, therefore, on 8-12-1972 Amrit Singh one of the sons and the legal representatives of the deceased respondent filed an application under Order 22, Rule 4 (3) read with Rule 11 and Section 151, Civil Procedure Code for dismissing the appeal as having been abated. On this application a notice was issued to the appellant for 7-5-1973.2. The appellant, therefore, filed the application purporting to be under Order 22, Rule 4 read with Section 151. Civil Procedure Code for bringing on record the legal representatives of Shri Beant Singh respondent It was averred in this application that Shri Beant Singh expired in Chandigarh hospital on 23-8-1969 during the pendency of the appeal leaving, behind his widow, ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1974HP57
D.B. Lal, J.1. This second appeal is directed against the decision of the District Judge Simla, affirming on appeal a decision of the Senior Sub-Judge, Simla, in execution case under Section 47 read with Section 151 of the Code of Civil Procedure, whereby objections of one Major (Retired) P. L. Morada, tenant of Grange Villa, Simla in execution of an order of eviction passed against him by the Rent Controller Simla, in a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 have been dismissed. The case appears to have some chequered history. Sometime in 1970 Shri S. D. Bakshi landlord of Grange Villa filed a petition under Section 13 of the East Punjab Rent Restriction Act 1949 (hereinafter to be referred as the Rent Restriction Act. 1949) against his tenant Major P. L. Morada on ground of personal requirement of the accommodation, which was allowed on 22-3-1972. It is. however, to be noticed that the Himachal Pradesh Urban Rent Control Act, 1971 (hereinafter t...
Tag this Judgment!Court : Himachal Pradesh
ORDERD.B. Lal, J.1. Amar Nath has filed this writ petition under Article 227, wherein he has called in question the order of confiscation and sale made by the Collector of Una under Section 6-A of the Essential Commodities Act, 1955, in respect of 27 bags of maize and 19 bags of wheat said to be stored at the shop known as 'M/s. Hem Raj Rameshwar Datt'. The facts giving rise to the petition are, that the petitioner was the owner of the food stuff and the same was stored at the shop not for sale but because he needed some place to stock it. The police moved an application under Section 6-A for the confiscation of the said bags of maize and wheat. Accordingly the Collector ordered for confiscation but in addition thereto also ordered for disposal of the grain in so far as, that he directed the maize to be sold through the Food Corporation of India and the wheat to be sold by auction and the amount was to remain deposited in the Government Treasury. According to petitioner, the order rega...
Tag this Judgment!Court : Himachal Pradesh
Chet Ram Thakur, J.1. These four appeals arise out of four claims petitions under Section 110-A of the Motor Vehicles Act disposed of by the Motor Accident Claims Tribunal, Mahasu and Kinnaur Districts at Kelleston, Simla by a single judgment, dated 3lst August, 1971.2. The undisputed facts of the cases are that on 28th October, 1969 the Haryana Roadways Bus No. HRA-1243 left Chandigarh at about 2-10 P.M. for Kasauli, Shri Anand Kumar a second year Law student, Shri Ajesh Kashyap, a third year Chemical Engineering Stu-dent, Shri Ravi Datta, a Forest Guard and his brother Shri Bishan Datt boarded the bus. When the bus reached near village Jabli, 17 miles towards the West of Police Station, Solan, i.e., at 73 milestone, the front wheel tyre of the right side of the bus burst and the driver who was driving the bus negligently and rash1ly could not control the bus with the result that it rolled down in the Khud at a distance of about '450 feet from the road. Sarvshri Anand Kumar and Ajesh ...
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