Himachal Pradesh Court July 1951 Judgments
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Raj Lal Data Vs. State
Court: Himachal Pradesh
Decided on: Jul-30-1951
Reported in: AIR1952HP1
Chowdhry, J.C. 1. This is an application in revision by one Raj Lal Data against the judgment and order of the learned Sessions Judge of Mahasu and Sirmur, dated 16-6-1951, upholding his conviction by the learned Additional District Magistrate of Nishan under Section 161, read with Section 116, I. P. C., and the sentence of two months' rigorous imprisonment and Rs. 200/- fine, or further two months' rigorous imprisonment in default of payment of fine. He has been found to have unsuccessfully offered a bribe of Rs. 15/- to the Head Clerk o the Divisional Forest Officer of Nahan.2. The petitioner is a 'kaththa' contractor and had purchased some 'Khair' trees from certain Zamindars. According to a notification of the Chief Commissioner of Himachal Pradesh, before the felling of trees owners have first to get their land demarcated by the revenue authorities and then to apply to the Divisional Forest Officer to get the trees marked. This is obviously a necessary safeguard since Zamindari tr...
Pushpa Devi Vs. Kanshi Ram-nand Kishore
Court: Himachal Pradesh
Decided on: Jul-26-1951
Reported in: AIR1951HP72
ORDERChowdhry, J. 1. The petitioner, Sm. Pushpa Devi, is the 'landlord', and the respondents, Messrs Kanshi Earn Nand Kiahore, the tenants of a chaubara in Solan. The tenancy is an yearly one commencing from 10th October every year, and the annual rent payable is Rs. 32-8-0.2. The petitioner applied on 9-6-1950 to the Controller for the eviction of the respondents from the chaubara under Section 13, East Punjab Urban Rent Restriction Act (III of 1949), and the Controller passed an order on 30-9-1950 directing the respondents to put the petitioner in possession of the building. The order was passed on the grounds, firstly, of non-payment of rent for the preceding year from 10-10 1948 to 9-10-1949, and secondly, of the building being required by the petitioner for her own occupation. On an appeal by the respondent tenants, the learned District Judge, Mahaau, by his judgment and decree dated 18-12-1950 set aside the Controller's order and dismissed the petitioner's application. He did so ...
Vidyamati Vs. the State
Court: Himachal Pradesh
Decided on: Jul-25-1951
Reported in: AIR1951HP82
Chowdhry, J.1. This is an appeal by Vidyamati, aged about 17, against her conviction by the learned Additional Sessions Judge of Jubbal under Section 302, I.P.C., and the sentence of transportation for life imposed upon her.2. She is the daughter of one An Das of village Bamhnoli, police station Rohm in district Mahasu. She was married to Chain Ram (P. W. 8) of the same village on 6-3-1950 and four days later, on 10-3-1950, she was delivered of an illegitimate female child in her father's cattle-shed. She buried it in a Khud, or gorge. The prosecution case is that the child was borne alive and the appellant caused its death by severing the head from the body with an axe. The appellant pleaded that the child was born dead.3. The first question that arise is whether the child was born alive. The prosecution relies in this connection on the testimony of one Mt. Herpati, a mid-wife of Bamhnoli, and of Dr. Jiwan Lal, Medical Officer-in-charge of the Civil Hospital at Jabbal, who held the po...
Ranjha Vs. State
Court: Himachal Pradesh
Decided on: Jul-20-1951
Reported in: AIR1952HP5
ORDERChowdhary, J.C. 1. Ranjha was convicted under Section 302, I. P. C., by the learned Sessions Judge, Mahasu on 21-4-1951 for the murder of one Durga and sentenced to death. On an appeal by him and submission of the proceedings by the Sessions Judge, his appeal was dismissed and the sentence of death was confirmed by 'this Court on 27-6-1951. Ranjha nas now applied from jail for a certificate under Article 134(1)(e). Constitution of India, that the case is a fit one for appeal to the Supreme Court.2. The application submitted from jail contains no ground taut the learned counsel appearing for Ranjha has urged three points in support of the application, namely, (1) that this Court consisting as it does of only one Judge had not the power to confirm the sentence of death, (2) that the trial of the applicant in the sessions Court was prejudiced by Laldin having been produced as a prosecution witness and (3) that there was no proper compliance with the provisions of Section 342, Crimina...
Kamla Vs. Mst. NahIn and anr.
Court: Himachal Pradesh
Decided on: Jul-09-1951
Reported in: AIR1951HP65
ORDERChowdhry, J. 1. Mst. Nahin filed a suit against Kamla for recovery of possession of her moiety share in 14 bighas & 18 biswas of tenancy at will implead. ing as a pro forma beft, the tenant of the other half in the joint khatauni, Mst. Tonkri. The latter died daring the pendency of the present revisions, but, as she was neither a necessary, nor even a proper, party in the case, her legal representative was not brought on the record. 2. The half share of the khatauni in suit was originally the tenancy at will of Mat. Nahin's husband, Daulatiya. The landlord was the Rana of Koti & the rent payable to him was in the shape of service, called beth. The tenants-at will were, therefore, recorded as bethus. On Daulatiya's death, the tenancy was recorded in the names of his two widows, the present pltf. & Mst. Paplo. The latter died in 1934 & thereafter only the pltf's. name stood recorded as bethu of half the kbatauni in suit. In the same year for the first time was Kamla deft s. name rec...
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