Court : Punjab and Haryana
Decided on : Sep-17-1952
Reported in : AIR1953P& H88
Harnam Singh, J.1. Doctor Mukand Lal, hereinafter referred to as the applicant applies under Article 226 of the Constitution of India for the issuance of a writ of 'mandamus' directing the Municipal Committee of Simla, to forbear from acting on the resolution passed on 4-8-1952, whereby the services of the applicant were terminated forthwith on payment of one month's wages in lieu of notice.2. Briefly summarised the facts of the case are these. By application, annexure R. 1, the applicant offered himself as a candidate for the post of Deputy Medical Superintendent and Resident Medical Officer, Ripon Hospital, Simla, on a salary of rupees 300-20-500 plus free furnished house with the benefit of municipal provident fund at the rate of one anna in the rupee and leave according to municipal leave rules. On 14-8-1941, the President, Municipal Committee, by letter, annexure R. 2, informed the applicant that the Committee had decided to offer 'him the post of Deputy Superintendent and Residen...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-12-1952
Reported in : AIR1953P& H149
ORDERKapur, J.1. This is a rule issued by my Lord the Chief Justice at the instance of sections P. Jaiswal against the Stats and the District Magistrate, Karual, to show cause why the proceedings which have been started under Sections 452 and 147, Penal Code against the petitioner and fourteen others be not quashed under Sections 561A, Criminal P. C.2. The facts briefly stated are that a house which is contiguous to the house of S, P. Jaiswal was originally owned by one Dr. Data Krishan of Karaal and his father Chandar Parkash. On 29-11-1951 this house was purchased by the Karnal Distillery Company, Limited, Karnal. This house bears No. RA-733. In his petition in this Court dated 14-10-1952 which is supported by an affidavit it is stated that this house 'Was in a serious state of disrepair, dilapidated and in a condition that the entire structure and its various portions were liable to collapse by operation of natural causes,' and that the house is 50 years old and being in a dangerous...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-30-1952
Reported in : AIR1953P& H49
Kapur, J.1. This is an appeal from a judgment of a learned single Judge of this Court dated 31st December 1948 holding that the appeal ]ay to the District Judge and not to the High Court & thus giving effect to the objection to the forum of appeal raised by the present respondent.2. Narain Das appellant entered into anagreement with the Co-operative Society ofLahara village for extraction of resin at a rentalof Rs. 11,425/12/6 out of which he paid to theSociety Rs. 5600/- and dispute arose in regardto the balance Rs. 5825/12/6. Under Section 20,Arbitration Act, the Society made an applicationto the Court for filing the arbitration agreement. In the heading of this application itstated that the application was under theIndian Arbitration Act, 10 of 1940 in respectof a sum of Rs. 5825/12/6. In para. 4 of thepetition the applicant stated that Rs. 5600 hadbeen received from the then respondent andthat Rs. 5825/12/6 were due from him. Mr.Har Charan Das, Sub Judge, 1st Class, Una, byan order...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-08-1952
Reported in : AIR1953P& H50
Harnam Singh, J.1. This is an appeal under Clause 10, Letters Patent from the judgment given by Kapur J. in F. A. F. O. No. 56 of 1949.2. On 11-6-1947, Bodh Raj Shah, hereinafter referred to as the applicant, took out an insurance policy including riot risk, the amount of insurance being Rs. 50,000 on the house and Rs. 40,000 on the furniture & household goods.3. On 21st August 1948, the applicant initiated proceedings under Section 20, Indian Arbitration Act, 1940, hereinafter referred to as the Act. In that application the applicant maintained that in the last week of August 1947, the furniture and household goods covered by the policy were looted in the riots that followed the partition of the country, that he had intimated to the Great American Insurance Company, Ltd., hereinafter referred to as the Com- pany, that the furniture and household goods had been looted and had claimed Rs. 38,000/-from the company on the basis of the insurance policy.4. In the written statement the compa...
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-01-1952
Reported in : AIR1952P& H361
Harnam Singh, J.1. Panna Lal and Piara Lal appeal from the decree passed on the 2nd of April 1947, in civil suit No. 326 of 1943 whereby the Court of first instance dismissed that suit leaving the parties to bear their own costs.(2) On the 12th of April 1943, Parma and Piara Lal instituted civil suit No. 326 of 1943 under Section 92 of the Code of Civil Procedure to obtain a decree removing Puj Harsh Rishi from the office of trustee of the trust known as Upasara Pujan situate in Kucha Towarian, Amritsar City, for appointing a committee of management of the trust vesting the trust property in the committee of management and directing accounts. In the plaint, the plaintiffs maintained that the building bearing Khana Shumari Nos. 3619/11 and 3920/11 is a public religious institution of Swetamber Moorti Pujak Jains of Amritsar, that shop bearing 'Khana Shumari' No. 8/11, shop bearing Khana Shumari No. 3986/11 and house bearing Khana Shumari No. 3667/11 are attached to the institution and t...
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