Court : Himachal Pradesh
Decided on : Mar-06-1980
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
Decided on : May-20-1980
Reported in : AIR1981HP8
..... be granted only to the owners, a duty was cast on the sellers to ask for the same. thus the contract will still remain an agreement to sell.22. in air 1968 sc 741, p.s.n.s. ambalavana chettiar and co. ltd. v. express newspapers ltd., bombay, the contract was for sale of a part ..... the use to which it is generally put and not upon whether there is a present intention in the mind of its owner of cutting it sooner or later. the third judge held that the determining factor in such cases is the intention of the parties as determined by the circumstances of each case and the nature of the transaction; if the factors went to indicate that the parties ..... the same after a summary inquiry.'obviously this has a reference to section 3. there may be cases where a person may claim that his land has been wrongly entered as shamilat deh etc. there may be disputes about the entry of land referred to in clauses (a) and (b) of sub-section (1) of section 3. all ..... preamble shows that it was enacted 'to provide for vesting and utilization of village common lands in the state of himacha! pradesh.' it may be noticed that a part of the erstwhile state of punjab had come to the state of himachal pradesh when the state of punjab was re-organized in 1966. this area was governed by punjab village common lands (regulations) act, 1961. admittedly, the land in question was not a part of such area,28. the relevant provision of section 3 which provides for vesting of rights in the state government reads thus :--'3 (1 .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jul-25-1980
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
Decided on : Jul-30-1980
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
Decided on : Aug-29-1980
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
Decided on : Dec-23-1980
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...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Dec-30-1980
Reported in : AIR1981HP75
H.S. Thakur, J.1. The appellants filed a claim petition before the Motor Accidents Claims Tribunal (the Tribunal in short) Mahasu District, on account of the death of Shri Manjeet Singh in a jeep accident. The same was, however, dismissed by the aforesaid Tribunal on 25-7-1969. It was stated in the application that Manjeet Singh, aged 22 years, son of Asa Singh appellant and the brother of other petitioners/appellants was employed as a Sectional Officer in the Public Works Department of Himachal Pradesh, and at the time of the accident he was working in Gaura section of Ram-pur Bushahar. On 7-12-1967, he boarded jeep HIM-2458 belonging to the Rampur Division of the Public Works Department bound for Pachhada on Rampur Gaura road which was carrying diesel to the work site. The deceased was travelling in that jeep and was going on duty. At about 5 P. M. the jeep met with an accident at a place 4 miles and one furlong from the starting point of Rampur Gaura Road. The jeep rolled down some ...
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