Himachal Pradesh Court August 1951 Judgments
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Mani Ram and ors. Vs. Jhamru and anr.
Court: Himachal Pradesh
Decided on: Aug-21-1951
Reported in: AIR1952HP24
Chowdhry, J.C.1. This is a plaintiffs' application in revision against the order of the Subordinate Judge of Theog dated 31-1-1951, purporting to dismiss their suit under Order 9, Rule 3, C. P. Code, for non-appearance of parties.2. The suit related to 14 bighas out of 74 bighas and 14 bis was of charand land situate within the former State of Madhan. By an order dated 29-6-1945 the said State conferred non-occupancy rights in the said 14 bighas on Jhamru defendant. The present suit was filed by the plaintiffs-petitioners on 10-8-1948 against Jhamru and the State of Himachal Pradesh as successor-in-interest of the Madhan State for a declaration that the order in question was illegal and for a perpetual injunction to restrain Jhamru from taking possession on the land in pursuance of the order. The suit was contested by both the defendants.3. The plaintiffs' oral evidence was concluded on 11-12-1950 and on that date the suit was adjourned to 29-12-1950 for plaintiffs to file their docume...
The State Vs. Kaidia
Court: Himachal Pradesh
Decided on: Aug-20-1951
Reported in: AIR1952HP6
Chowdhry, J.C. 1. This is an appeal on behalf of the Government under Section 417, Cr. P. C., against the acquittal of Kaidia respondent of an offence punishable under Section 302, I.P.C.2. The respondent was charged with having murdered his wife's brother's son, a young lad of about fifteen named Occhbu, by pushing him down a precipice for the sake of Rs. 730/- in cash and a gold nose-ring. At the respondent's request the boy's father Mohtu is said to have sent him to the respondent with that amount and ornament in order to settle his marriage. The Sessions Judge's judgment of acquittal has been strongly supported by the learned counsel for the respondent on the ground that there was no proof of 'corpus delicti' in this case. The body of the deceased has not been found, but a prosecution witness, Phagnia, has stated that the respondent took him to the scene of occurrence, confessed there his guilt to him, asked for his help to bury the dead body and, on his refusing to comply, threw i...
Padam Chand and ors. Vs. Ram Lal
Court: Himachal Pradesh
Decided on: Aug-02-1951
Reported in: AIR1951HP73
ORDERChowdhry, J.1. This is an application by Padam Chand and his brothers under Section 13, Court-fees Act, read with Section 151, Civil P. C., for a certificate for refund of court-fee.2. The application has been opposed by the learned Government Advocate.3. The applicants were sued for recovery of an amount on foot of a pro-note, and the suit was decreed by the Senior Subordinate Judge on 29-11-1948. That Court passed the decree after recording findings on all the issues in the case, including one relating to the alleged discharge of the debt. The applicants filed an appeal to this Court and it was argued on their behalf that they had not been given an opportunity to adduce evidence upon the said issue relating to satisfaction and discharge of the debt. My learned predecessor-in office, without recording any findings, framed three additional issues and by his order dated 4-7-1949 remanded the entire case for re-decision on merits on the old as well as the new issues. The costs were ...
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