Himachal Pradesh Court January 1952 Judgments
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State Vs. Kishan Dayal
Court: Himachal Pradesh
Decided on: Jan-15-1952
Reported in: AIR1952HP46
Chowdhry, J.C. 1. These are two Government appeals under Section 417, Criminal P. C., against the acquittal of Kishan Dayal by a first class Magistrate of Bilaspur of offences punishable under Sections 409 and 477A, I. P. C.2. The administration of Bilaspur State was taken over by the Central Government on 13-10-1948, under the Bilaspur State (Administration) Order, 1948. Kishan Dayal held the post of civil Nazir since before that, i.e., since 21 'Katik' 2003 B., (corresponding to 6-11-1946), to 8-3-1949, on which latter date he made over charge of that post to his Naib-Nazir, Paras Ram, and was appointed Reader to the then Deputy Chief Commissioner. About six months later, i.e., on 1-9-1949, the District Judge ordered Paras Ram to deposit into the treasury all sums lying with him in the 'Amanat' account. These were sums lying to the credit of various litigants.Paras Ram made a report on 2-9-1949, that he had checked the registers but found a deficit of Rs. 3,000/- odd, and that this r...
Sukh Ram and ors. Vs. Narainoo and ors.
Court: Himachal Pradesh
Decided on: Jan-11-1952
Reported in: AIR1952HP38
ORDERChowdhry, J.C.1. This is plaintiffs' application in revision and it arises in the following circumstances.2. The plaintiffs' father Tulsi created occupancy rights in land measuring 27 bjghas and 3 biswas in favour of 10 persons by a registered deed dated 842-1997 B. for Rs 2,160/-. Thereupon the present suit was filed by the plaintiffs on 21-9-2002, for a declaration that the alienation will not be binding on them after the death of their father because the property alienated was ancestral property and the alienation had been made without consideration or legal necessity. The alienor, the father of the plaintiffs, and all the alienees were impleaded as defendants. One of the alienees, Kapuro, died during the pendency of the suit in the trial Court and was substituted by his three sons.3. The trial Court decreed the suit on 23-11-1.949 but laid down the condition that the plaintiffs would be entitled to recover possession of the property in suit on payment of Rs. 1,390/- to the ali...
Mt. Krishni Vs. Gannun
Court: Himachal Pradesh
Decided on: Jan-07-1952
Reported in: AIR1952HP51
Chowdhry, J.C. 1. This is a second appeal by Mst. Krishni, the plaintiff-respondent Gannun being her deceased husband Tulsi's brother. Tulsi had predeceased his father Kakhu. Kakhu died in 1994 B, and on 26-1-1995, the landed property which had stood recorded in his name was mutated half in the name of Gannun and half in that of Mst. Krishni. On the basis of this record Mst. Krishni applied to the revenue officer in 2004 for partition of her moiety share. This application was resisted by Gannun and, on being so directed by the revenue officer, he filed the present suit against Mst. Krishni on 22-7-2004 for a declaration that the defendant had no right, title or interest in the moiety share which stood recorded in her name and that the plaintiff was entitled to the correction of the revenue records by removal of the defendant's name and substitution of his own.2. The plaint allegations were that the parties were governed by the Hindu Law; that Tulsi died as a member of a joint Hindu fam...
Durga and ors. Vs. Pohlu
Court: Himachal Pradesh
Decided on: Jan-05-1952
Reported in: AIR1952HP48
ORDERChowdhry, J.C. 1. This is a defendants' application in revision against the judgment and decree of the learned pistrict Judge of Bilaspur, dated 30-8-1950, passing a decree in terms of the award in the course of review proceedings.2. The three defendants Durga, Sihnu and Gulaba are brothers, the last named being a minor and represented in the litigation by his brother Durga as guardian ad litem. The defendants have a sister Mt. Shankari by name. On the allegation that Durga, as manager of the joint Hindu family consisting of himself and his brothers, agreed to give away Mt. Shankari in marriage to him but later broke the contract, the plaintiff-respondent Pohlu filed a suit against all the three defendants for recovery of Rs. 1,484/8/- as damages for breach of contract of marriage. The trial Court decreed the suit against Durga alone for Rs. 1,300/-, but on Durga going up in appeal the District Judge dismissed the suit in toto on 19-5-1949. Thereupon the plaintiff applied to the D...
NizamuddIn Vs. State
Court: Himachal Pradesh
Decided on: Jan-02-1952
Reported in: AIR1952HP45
ORDERChowdhry, J.C. 1. This is a reference by the learned Sessions Judge of Bilaspur under Section 438, Criminal P. C., recommending that the conviction of one Nizamuddin under Clauses (a) and (f) of S. 19 of the Arms Act be set aside. The reference has not been opposed by the learned Government Advocate.2. As regards the offence under Section 19(a), there is no evidence of manufacture and therefore conviction under that section is on the face of it totally unfounded. As regards the conviction under Section 19(f), previous sanction of the District Magistrate was not obtained, as it was necessary to do. 'KANHYA v. STATE', A I R 1951 Him P 35. The learned Government Advocate does not contend that that ruling does not apply to Bilaspur by reason of the provisions of S. 32(2) of Act XXXI (31) of 1861 having ever been applied to this State.3. The reference is accepted and the conviction and sentence of Nizamuddin are set aside and he is acquitted. The fine, if alreadyrealised, shall be refu...
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