Court : Himachal Pradesh
Reported in : AIR1960HP1
T. Ramabhadaran, J.C.1. This appeal, by a plaintiff, arises out of a suit for the recovery of a sum of Rs. 32,726/-/-, representing the balance due to him (the plaintiff) from defendants 1 and 2 (Sansar Chand and Hari Chand) on account of the sale of the right to levy octroi at Chamba for 2005 B. The remaining defendants stood sureties for defendants 1 and 2 and were accordingly impleaded in the suit. After a protracted trial, the suit was dismissed by the learned Senior Subordinate Judge, Chamba on 31-8-1957. Hence, this appeal.2. When this appeal came up for hearing at Chamba on the 9th ultimo, three preliminary objections were raised by the learned counsel for the respondents to its competency. (A) The memorandum of appeal was not properly signed or presented, since Shri L.N. Sethi was not the Government Advocate of Chamba at the relevant period. (B) Talbana had not yet been paid. (C) The appeal was time-barred because when it was presented to the Court of the Senior Subordinate Jud...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1966HP25
ORDEROm Parkash, J.1. This writ petition, under Aricle 226 of the Constitution of India, raises the question of the constitutional validity of Section 54 of the Government of Union Territories Act, 1963, and of the due constitution of the Legislative Assembly, Himachal Pradesh, constituted, under the provisions of that section 2. Before the Constitution of the present Legislative Assembly, a Territorial Council, constituted, under the Territorial Councils Acl, 1956, was functioning in the Union terri tory of Himachal Pradesh Respondents Nos. 4 to 47 were the members of the last Territorial Council, constituted on the 3rd August, 1962. Respondent No 3 was not a member of that Territorial Council. He was elected to the present Legislative Assembly by direct election. 3. In 1953, Parliament enacted the Government of Union Territories Act, making pro vision for Legislative Assemblies and Councils of Ministers for certain Union territories This Act had come into force on the 1st July, 1963 ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1972HP7
Chet Ram Thakur, J.1. Major Todar Singh, defendant, feeling aggrieved against the dismissal of his appeal by the District Judge. Gurdaspur and Ex-Officer Additional District Judge. Hoshiarpur. Camp at Dharamsala affirming the judgment and decree of the Senior Sub Judge, Kangra, dated 6-2-1959, had filed the second appeal in the Punjab High Court in 1960. After reorganisation of the State of Punjab, the case was transferred to the Court of Judicial Commissioner. Himachal Pradesh and from there it was transferred to Delhi High Court and now it has come to this Court.2. The facts of the case are that land Khasra No. 1175 min measuring 45 kanals situate in Tika and Mauza Kosri, Tehsil Palampur was recorded as shamilat Tika Kosri. Shri Jogeshwar and Shri Birbal, plaintiffs, who are also the proprietors in the villages, instituted a suit in respect of this land on 18-2-1958 in the Court of the Senior Sub Judge, Kangra at Dharamsala, for joint possession of the land with all the other proprie...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1973HP57
C.R. Thakur, J. 1. This Letters Patent appeal is directed against the judgment of the learned Single Judge of this Court in ESA 1/72, dismissing the appeal of Bhagat Ram against the order of the District Judge affirming on appeal the order of the Senior Sub Judge. Mahasu, dismissing the objections of Bhagat Ram judgment-debtor-appellant filed under Section 47 of the Civil Procedure Code.2. Smt. Lilawati Galib is the owner of the premises known as 'Om Bhawan'. below Lakkar Bazar Simla. Bhagat Ram got the lease of the premises as a tenant on 29th December. 1966. The period under the lease was for one year, due to expire on 6th December 1967. On 15th May. 1967, the landlady gave a notice under Section 106 of the Transfer of Property Act determining the tenancy. The tenant having failed to vacate the premises, she instituted a suit for his eviction on 29th December. 1967. Since the building was completed on 27th December 1966, therefore under the notification, dated 18th August, 1966, issu...
Tag this Judgment!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 : 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
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 : 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 : 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 : AIR1982HP97
H.S. Thakur, J.1. Civil Writ Petitions Nos. 82 of 1974, 252 of 1974, 254 of 1974, 259 of 1974, 236 of 1979, 68 of 1981 and 89of 1981, can be conveniently disposed of together, since the main points involved in these writ petitions are common to all of them. However, additional point or points raised in any petition would be also dealt with in the judgment that follows.2. To start with, it is desirable to narrate the facts and contentions raised in C. W. P. No. 254 of 1974. In this writ petition, besides other reliefs, it is prayed that the Himachal Pradesh Agricultural Produce Markets Act, 1969 (9 of 1970) (hereinafter referred to as the Act) be declared ultra vires of the Constitution. It is stated that the petitioner is carrying on the business of commission agent in fruits and other vegetable articles within the territorial jurisdiction of Simla District. It is pointed out thatthe Act was promulgated in the State of Himachal Pradesh in the year 1970 and a notification to this effect...
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