Skip to content


Judgment Search Results Home > Cases Phrase: karnataka housing board act 1962 Sorted by: old Court: himachal pradesh Page 1 of about 77 results (0.164 seconds)

Dec 07 2010 (HC)

State of Himachal Prades. Vs. Chinta Rani, and Others.

Court : Himachal pradesh

..... been held that all rights, title and interest of the land owners in the land in any estate, which vested in the panchayat, under section 4 of the punjab act, except the land used or reserved for the benefit of village community and also the land described in the revenue records as shamlat taraf, patties, pannas and thola and not used for the ..... the appellant is the owner of the suit land by virtue of the act and, therefore, the respondents do not have status of hissedar with the appellant in the ..... has been held that primarily the relief claimed by the plaintiffs in that case with regard to declaration of their rights as owners cannot be gone into in view of jurisdictional bar created under section 10 of the act for which the appropriate forum would be the collector. ..... the section 10 of the act provides that save as otherwise expressly provided in the act, no order made by the collector, or the state government or any officer authorized by it, as the case may be, shall be called in question by any court or before any officer ..... of suit land in favour of state has not been challenged in accordance with law then by virtue of section 3 of the act vesting is automatic, therefore, the consequence of vesting would flow from the act itself and the state has become the owner of the suit land by virtue of vestment under section 3 of the act. ..... in the year 1962-63 the suit land was recorded in the ownership of ..... land was lateron recorded in the ownership of village panchayat in the year 1962-63. .....

Tag this Judgment!

Sep 02 2009 (HC)

Smt. Simmi Karol Vs. R.K. Madan and anr.

Court : Himachal Pradesh

Reported in : 2009(2)ShimLC441

..... housing board v. ..... state of karnataka : 1993 supp (4) scc 595, and emphasized the approach to be adopted by the court while administering justice, which reads as under:it is the duty of the court to rectify, revise and re-call its orders as and when it is brought to ..... petition is accompanied by an application under section 5 of the limitation act read with section 151 of the code of civil procedure being cmp (m) no. ..... an act of court should prejudice none. .....

Tag this Judgment!

Sep 10 2009 (HC)

Urmila and ors. Vs. H.P. Housing Board and anr.

Court : Himachal Pradesh

Reported in : AIR2010HP11

..... vested in the state since the possession had not been taken over by the state in terms of section 16 can a rank trespasser who has no right to the property challenge the right of a company or the housing board to take over possession when the land has been acquired in accordance with law and compensation for the land has admittedly been paid to the true owner. ..... learned counsel for the appellants, is that till possession is taken over, the state could not have been deemed to be owner of the property in terms of section 16 of the act and there could have been no valid transfer of title to the housing board and hence the housing board had no right to file the suit. ..... premises (land eviction and land recovery act), 1971 but that application was rejected and thereafter the housing board filed the suit for possession of the ..... been conceded on behalf of the defendants that the plaintiff had constructed social housing board colony in the land under acquisition notified for acquisition vide notification under section 4 of the' act, copy ext.pb. ..... to constitute taking of possession of land in very case it was held on the facts and circumstances of the case that since the land was lying fallow and there was no crop on it at the material time, the act of the tahsildar in going on the spot and inspecting the land for the purpose of determining what part was waste and arable and should therefore, be taken possession of and determining its extent, was sufficient ..... of karnataka and ..... of karnataka and .....

Tag this Judgment!

Jun 15 1962 (HC)

Negi Balbahadur Singh Vs. Lt. Governor Himachal Pradesh

Court : Himachal Pradesh

Reported in : AIR1962HP68

..... chief controlling revenue authority had to decide the matter judicially and would thus be a quasi judicial tribunal.the following further observations were made by their lordships:'where, however, the provisions of the act are silent, the duty to act judicially may be inferred from the provisions of the statute or may be gathered from the cumulative effect of the nature of the rights affected, the manner of the disposal provided, the objective criterion ..... we are therefore of opinion that considering the totality of circumstances and the nature of the matter to be determined by the board of revenue under section 56(2) the board has to act judicially when proceeding under section 56(2) and must, therefore, on principles of natural justice give a hearing to the other party namely the executants of ..... security bond was executed and registered in simla in 1949 by which a house there was given in security for withdrawal of the money. ..... of 1959: (air 1962 sc 1110), and in board of revenue, o. ..... , air 1962 all 264 that a writ of certiorari would not lie to correct the errors of a statutory body which is entrusted with purely administrative functions and that the state government while acting under section 36 of ..... 1958: (air 1962 sc 1217) had not been received in this court and those decisions were not considered in the case of prithi chand, air 1962 him pra 59 ..... 29 of 1958: (air 1962 sc 1217) was decided on the same day on which the aforesaid ..... 34 of 1961: (air 1962 him pra 59), prithi chand .....

Tag this Judgment!

Nov 10 1962 (HC)

Jai Singh Vs. Mansha Ram and ors.

Court : Himachal Pradesh

Reported in : AIR1963HP37

..... gowardhandas harjiwandas, (s) air 1956 nagpur 86 the following observations were made : 'it is not a condition precedent to the maintenance of an action under the act (fatal accidents act) for damages proportionate to the loss resulting to the claimants that the deceased should have been actually earning money or money's worth or contributing to the support of the plaintiff at or before the date of death, ..... further alleged in the plaint that the respondents were guilty of neglect of duty inasmuch as no board was put up cautioning the passersby not to cross the bridge and that the ropes had been ..... a commission was issued to ascertain the market value of the house and on the basis of the report submitted by the commissioner it was held ..... and the other plaintiffs was not in accordance with law but for reasons assigned in the order dated 22-9-1962 ha was not allowed to advance that argument. ..... from the affidavit filed by the appellant on 14-9-1962 in reply to the affidavit filed by respondent ..... narasingam pillai, air 1962 mad 309, the following: observations were made : 'in awarding damages for accident under the-head of loss of expectation of life, the tender age of the victim is not ..... in the air 1962 sc 1 case supra it was held as below : 'in calculating the pecuniary loss to the dependants many imponderables enter ..... veluswami, air 1962 sc i it was held that the events that happened told their story and there was a presumption that the accident was caused by the negligence of the .....

Tag this Judgment!

Jun 30 1965 (HC)

Gopi and ors. Vs. Himachal Pradesh Government and ors.

Court : Himachal Pradesh

Reported in : AIR1966HP8

..... for a public purpose; (2) that the acquisition was not bona fide as it was intended to benefit only some ten influential families of village baroa; (3) that the notifications, under section 4 of the act, were defective, illegal and without jurisdiction inasmuch as himachal pradesh administration, which had issued the notifications, was not the legally constituted authority to issue them and the joint secretary who had signed ..... the only contention, which remains to be decided, is whether the acquisition proceedings were bad as no enquiry was made under section 5-a(2) of the act the contention, on behalf of the respondents, was that as noobjections were filed under section 5-a(1), the question of holding any enquiry did not and ..... under section 4 of the land acquisition act, (hereinafter referred to as the act), were issued on the 26th february, 1962, and the 21st june, 1962, with respect to villages kallar and bhajwani ..... collector had submitted his report under section 5-a(2) of the act on the 30th july, 1962, long before the representation was made by mauther and khothi ..... contended, on behalf of the petitioners, that public notice of the substance of the notifications under section 4 of the act was not given in the locality and that this omission invalidated the acquisition proceedings. ..... ali gulshan, (s) air 1955 sc 810), and housing of an officer of the state road transport corporation (state of ..... bhanji munji, air 1955 sc 41, housing of a member of the staff of a foreign consulate ( .....

Tag this Judgment!

May 06 1966 (HC)

E.R. Samuel and ors. Vs. State of Punjab and ors.

Court : Himachal Pradesh

Reported in : AIR1966HP59

..... the petition is allowed, with costs.the respondents are restrained by the issueof a writ of prohibition, from levying or collecting electricity duty, under the provisions ofthe punjab electricity (duty) act, 1958 or therules framed thereunder, from the petitionersso long as the petitioners are stationed, andconsume electricity, in himachal pradesh. ..... this petition, under article 226 of the constitution of india, is directed against the state of punjab, the punjab electricity board and the resident engineer, shanan power house, joginder nagar, respectively, respondents nos. ..... the question, which requires decision in the petition, is whether the petitioners are liable to pay electricity duty under section 3 of the act for the electrical energy consumed by them in joginder nagar, himachal pradesh. ..... they are, at present stationed at joginder nagar, in himachal pradesh and are working, in different capacities, in connection with the generation, control and supply of electrical energy, at and from the shanan power house, joginder nagar, under the control of respondent no. 2. ..... the electricity duty is being levied and collected under the act which has been enacted by the legislature of the state of punjab. ..... union of india, air 1962 sc 1006. .....

Tag this Judgment!

Jun 01 1971 (HC)

Smt. Rajkumari Soni Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : AIR1972HP1

..... no doubt, it was held in the aforesaid case that even though the case did not fall within the terms of section 115 of the evidence act, it was still open to a party who had acted on a representation made by government to claim that the government shall be bound to carry out the promise made by it even though the promise was not recorded in the form ..... it may be that in a suitable case, even in the absence of a contract, duly executed in accordance with the provisions of article 299 of the constitution, the government may have so acted, in the circumstances of the particular case, as to enable a claim for the specific performance of some obligation incurred to execute a lease in accordance with article 299 of the constitution to ..... further held 'that the chairman of the board of administration acted on behalf of the union government and his ..... the act, means 'any person by whom or on whose account rent is payable for a building or rented land and includes a tenant continuing in possession after the termination of the tenancy in his favour, but does not include a person placed in occupation of a building or rented land by its tenant, unless with the consent in writing of the landlord or a person to whom the collection of rent or fees in a public market, cart-stand or slaughter-house or ..... new delhi municipal committee, air 1962 sc 554, he held that there was no contract between the appellant and the respondents transferring the lease rights in favour of the ..... reliance on air 1962 sc 554. .....

Tag this Judgment!

Oct 03 1972 (HC)

D.K. Khanna Vs. Union of India (Uoi) and ors.

Court : Himachal Pradesh

Reported in : AIR1973HP30

..... , while holding that the justices could not have been influenced even remotely by the solicitor acting as their clerk, nevertheless proceeded to observe:'though the clerk to the justices and the justices did not know that his firm had acted for the applicant's wife, the necessary, or at least reasonable impression on the mind of the applicant would be that justice was not done seeing that the solicitor for ..... with the observation:'it is true that the list prepared by the selection board was not the last word in the matter of the selection in question ..... he did not sit on the selection board at the time his name was considered for selection, but he did sit on the board and participated in its deliberations when the names of his rival officers were considered for selection, and took part in the deliberations of the board while preparing the list of the selected candidates in ..... the selection board consisted of a chairman, who was the nominee of the chairman of the union public service commission, the inspector-general of forest of the government of india, one of the joint secretaries in the government of india, the chief secretary to the state government of jammu and kashmir and one naqishbund, the acting chief conservator ..... for example in re wolverhampton borough council's aldermanic election, (1962) 2 qb 460 the queen's bench held that a mayor could not properly preside at a meeting for the holding of an aldermanic election at which he was ..... the approval of the house of lords in franklin .....

Tag this Judgment!

Dec 12 1974 (HC)

Surjit Singh Vs. Pritam Singh

Court : Himachal Pradesh

..... the twelve months prior to the 1st january, 1939; and (b) the rental value of such building or rented land if entered in property tax assessment register of the municipal, town or notified area committee, cantonment board, as the case may be, relating to the period mentioned in clause : (a) (provided that, notwithstanding anything contained in sub-sections (3), (4) and (5), the fair rent for any building in the urban area ..... = (air 1970 sc 838) their lordships held that the decree of eviction under the delhi and aimer rent control act, 1952 based on a compromise decree was a nullity as the compromise 'did not indicate that any of the statutory grounds mentioned in section 13 of the act existed' with respects to their lordships, the distinguishing feature was that some material grounds should have existed on the record for ..... shori lal, ilr (1962) 2 punj 108 and distinguished the decision in popat lal, air 1958 bom 1 (supra) on the ground that the provisions of the bombay act were not on all fours with those of the punjab act where the basic rent was required to be determined first by determining what was the rent of the same or similar premises in the year 1938 and then ..... of great assistance:--'the section no doubt prescribes a particular mode and sets out a detailed standard for fixing fair rent of a house or shop taking into consideration various factors, for instance, the price of the land included in the house, the date of construction etc. ..... 'the act applied to houses, not ..... house .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //