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 : 1977CriLJ1530
R.S. Pathak, C.J.1. This appeal Under Section 19 of the Contempt of Courts Act, 1971 is directed against an order of our brother Chet Ram Thakur J. declining to discharge the notice issued by him on a motion made by the respondents for initiating contempt proceedings against the appellants.2. The State Bank of Patiala filed a suit against the respondents for recovery of Rs. 20,32,004.57 p. The plaintiff made an application Under Order 38, Rule 5 and Order 39, Rule 1 read with Section 151 of the Civil R C. On Jan. 14, 1976 our learned brother Chet Ram Thakur J. granted an interim injunction restraining the defendants from disposing of the property during the pendency of the suit and also directed them to furnish adequate security in order to satisfy such decree as may ultimately be passed. He directed notice to issue to the defendants to show cause why the interim injunction be not confirmed and why they should not furnish security. It appears that in purported compliance with his order...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1978HP2
T.U. Mehta, J.1. The appellants above named have preferred this appeal against the decision given by the court of the Senior Sub-Judge, Sirmur District in suit No. 137/1 of 1970 on his file dismissing the appellants' suit for possession of the suit premises and eviction of the respondent-defendants therefrom. The suit is with reference to the premises known as old Khalsa Hotel situated on the Mall, Solan bearing Municipal Nos 71/2 and 71/3. The respondents herein are the heirs and legal representatives of late Sardar Kartar Singh who was occupying the suit premises having initially taken them on lease.2. The record of the case shows that the deceased Kartar Singh originally executed rent note Ex. P-15 in favour of one Lala Ram Chander, father of the plaintiffs, on 19-10-1935. That rent note was for a fixed period of two years. Reference to the rent note shows that Kartar Singh has executed this rent note as proprietor of 'Pratap Khalsa Hotel' i. e. in his personal capacity. The record ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1977HP85
R.S. Pathak, C.J.The question referred for our consideration is:--Whether, upon the facts of the present case, for the purpose of applying Section 3 of the Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953, the court is precluded from, going behind the entry recorded in the revenue records showing Hira and Smt. Devku as occupancy tenants and determining whetherapart from the entry they can be held to be occupancy tenants?2. On October 10, 1953 the plaintiff instituted a suit in the court of the learned Subordinate Judge, Kulu for recovery of possession of agricultural land. It was alleged that the land originally belonged to one Rai Bhagwant Singh, that he had granted tenancy rights therein to Hira under lease deeds covering different parcels of land. Consequent mutations were made in favour of Hira. On Feb. 26, 1942 Hira died, and mutation entries were made in favour of his widow, Smt. Devku. Hira and in her turn Smt. Devku, were recorded in the revenue records as occ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1978HP36
R.S. Pathak, C.J. 1. This and the connected appeal have been filed by the State of Himachal Pradesh against the award of the learned District Judge, Mahasu, in two references made under Section 18 of the Land Acquisition Act, 1894.2. The Himachal Pradesh Government issued two notifications in October 1967 under Section 4 of the Land Acquisition Act declaring that land in the villages of Shahdhar and Maihgaon in Tehsil of Rampur, District Mahasu was needed, for the purpose of widening the Sarahan-Daranghati road. The two parcels of land belonged to the respondent, Rajkumar Rajinder Singh. Thereafter, on following the further procedure detailed in the land Act the Collector made an award determining the compensation payable to the respondent at Rs. 1,437.50 in respect of the land invillage Shahdhar and Rs. 2,831.87 for the land in village Majhgaon. In both cases, the compensation included 15% compulsory acquisition charges. The Collector made an order that the compensation so determined ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1978HP51
T.U. Mehta, J. 1. This is an appeal preferred under Section 54 of the Land Acquisition Act against the order passed by the Additional District Judge, Mandi Camp at Dharamsala in a land reference No. 50 of 1971 made to him under Section 30 of the Land Acquisition Act. By his order under appeal the learned Additional District Judge has apportioned the compensation for acquisition of the land in dispute between the present appellant and the respondent on the basis that the respondent is a non-occupancy tenant over the acquired land. The appellant claims that the respondent is not holding any non-occupancy tenancy right in the land and the whole of the compensation should have been awarded to him without any apportionment. The office took objection as regard the court-fee paid by the appellant in this appeal. The appellant has paid Court-fee of Rs. 19.50 under Article 13 (hi) of the Second Schedule attached to the Hima-chal Pradesh Court Fees Act, 8 of 1958. The office objection is that th...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1978HP30
R.S. Pathak, C.J.1. This is a tenant's second appeal arising out of a suit for ejectment.2. The plaintiff filed a suit alleging that the premises mentioned in the plaint were let out to the defendant on a monthly rent of Rs. 18.00 per mensem in the year 1973. On April 16, 1973, the landlord served a notice on the tenant requiring him to vacate the premises. Because of his refusal to leave, the plaintiff filed the suit. The suit was resisted by the defendant on the ground, inter alia, that the notice terminating his tenancy was invalid. The trial court decreed the suit, and an appeal by the defendant has been dismissed by the learned District Judge. And now this second appeal.3. Learned counsel for the appellant contends that the notice terminating the tenancy is invalid because the provisions of Section 106 of the Transfer of Property Act require that the notice period should terminate with the month of the tenancy, and in this case, it is said, the tenancy month closed on the 8th May ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1979CriLJ216
ORDERT.U. Mehta, J.1. This revision application is filed against the order passed by the learned Special Judge, District Sirmur at Nahan in Cr. M. P. No. 18-N/4 of 1977 on 7-12-1977 with regard to the disposal of the case property under Section 457 Cr.P.C. The case of the prosecution is that the present petitioner, who is accused of the offences under Sections 379/420/467/ 468/120-B, I.P.C. read with Section 8 (2) of the Prevention of Corruption Act, has felled some trees belonging to the Government and, therefore, certain pieces of timber which the petitioner has obtained from these felled trees are stolen property, It is found that the police, during the investigation, has seized this property, and thereafter on 9-11-1977, the Deputy Superintendent of Police, C.I.D. (Crime), Himachal Pradesh, Simla made an application to the learned Special Judge for auction of this property as contemplated by Section 457 of the Cr.P.C. The respondent in reply to this petition submitted that he had f...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1979HP35
T.U. Mehta, C.J.1. In this writ application show cause notice was issued to the respondents and reply has been filed; the rejoinder has also been filed. The petitioners are the residents of Tehsil Kursog situated in Mandi District of this State. They previously belonged to Chanyana Gram Sabha which was constituted in the year 1972. This Sabha consisted of 12 villages. The petitioners, however, wanted a separate Sabha for 7 of these 12 villages. These seven villages for which they wanted a separate Sabha are Sheglinal, Badyog, D. P. F. Alyas, Kalangar, Khadkan, Kot and Sawindhar. It appears that they could persuade the Government to bifurcate the Chanyana Gram Sabha into two and to establish a separate Sabha for the above referred seven villages known as Sawindhar Gram Sabha. The remaining five villages were to form Chanayana Gram Sabha. The Government accordingly issued notification dated 11th May, 1978 as found at Annexure P-14. By this notification the original Chanyana Gram Sabha wa...
Tag this Judgment!Court : Himachal Pradesh
Reported in : [1979]118ITR300(HP)
D.B. Lal, J.1. At the instance of the assessee, who are Messrs. Mohan Meakin Breweries Ltd., Solan, the Income-tax Appellate Tribunal, Chandigarh, has referred to us the following question of law for opinion :' Whether on a true interpretation of Rule 1(viii) of the First Schedule to the Companies (Profits) Surtax Act, 1964, and on the facts and in the circumstances of the case, the Appellate Tribunal was justified in upholding the action of the Income-tax Officer in excluding Rs. 13,685 only instead of Rs. 34,212 and Rs. 11,576 instead of Rs. 29,441 for the assessment years 1968-69 and 1969-70, respectively, from the total income for arriving at the chargeable profits under the said Act '2. The facts giving rise to this reference may now be stated. Messrs. Mohan Meakin Breweries Ltd. which is a public limited company carries on the business of manufacture and sale of beer, Indian made foreign liquors, malt, breakfast food and soft drinks, etc. The assessee-company besides doing their ...
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