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Himachal Pradesh Court April 1951 Judgments

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Apr 07 1951

Dains Ram and ors. Vs. the State

Court: Himachal Pradesh

Decided on: Apr-07-1951

Reported in: AIR1951HP56

ORDERChowdhry, J.1. This is an appln. Under Section 439 & 561A, Cr. P. C., by Dains Ram and six others, who are being tried before a learned first class Mag. of Theog for an offence punishable Under Section 408, I. P. C., & the abetment thereof. 2. The total amount in respect of which criminal breach of trust is alleged to have been committed is Rs. 19,444-3 0. The first two accused, Daina Ram & Bati Bam, have been charged as principal offenders in respect of the entire amount, while the third & fourth accused, Thenka Ram & Kalia, have been charged with abetment to the extent of Rs. 9, 801-13 0 & the remaining accused ' Sita Ram, Karmu & Puria with abetment to the extent of Rs. 9,642-6 0 The trial is at the stage of charges having been framed after taking all the evidence mentioned in the charge-sheet & the examination of the accused, but the prosecution witnesses have not yet been cross-examined further, & the accused have not yet been called upon to enter on their defence & produce t...


Apr 07 1951

Mt. Sewti Vs. Rattan

Court: Himachal Pradesh

Decided on: Apr-07-1951

Reported in: AIR1951HP54

ORDERChowdhry, J. 1. This is an appln. in revn. by Mt. Sewati, whose suit for cancellation of a gift-deed dated 14-2-2000B. in favour of the deft-resp. Rattan was decreed by the Subordinate Judge, Kumharsain, but dismissed on appeal by the Senior Subordinate Judge, Kasumpti. 2. The trial Ct. decreed the suit on the ground that the gift had been obtained by fraud. The appellate Ct. revsd. this finding, & it also held that the suit was time barred & barred by res judicata, Both these latter pleaa had been taken by the deft. but the trial Ct had neither framed issues nor recorded findings on them. 3. The points urged in revn. before me are that the decree of the trial Ct. should be restored because the gift had in fact been obtained by fraud & because the suit was barred neither by time nor by res yudicata. 4. The appct. is an old illiterate woman & the resp. is in relation her nephew It appears that in the year 1991 B. the appct.'s husband Dharmu executed a deed of adoption in favour of ...


Apr 03 1951

Hari Singh Vs. Mt. Parbati

Court: Himachal Pradesh

Decided on: Apr-03-1951

Reported in: AIR1951HP59

ORDERChowdhry, J. 1. This is an appln. in revn. by one Hari Singh against the judgment & order of the learned Ses. J. of Mahasu, dated 16-5-1950, dismissing his revn. against the judgment & order of a first class Mag. of Kasumpti, dated 16-12-1949, whereby the appln. of the resp. Mt. Parbati, the wife of the present appct. Under Section 488, Cr. P. C., was allowed, & she was granted a monthly allowance of RS. 60 by way of maintenance against the appct. 2. There was a preliminary objection taken on behalf of the resp. that the revn. was time-barred or was, in any case, unduly delayed. There is no limitation prescribed by law for the filing of a criminal revn. There is, however, no doubt that, except in exceptional cases, the filing of a criminal revn. should not be unduly delayed. The revn. of the appct. was dismissed by the Ses. J. on 16-5-1950. On 17-5-1950 the appct. applied for a copy of that judgment. The copy was ready on 80-5-1950 but it was not till 22-7-1950 that delivery of th...


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