Himachal Pradesh Court August 1952 Judgments
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Pt. Bal Mukand Vs. Pt. Har Dev Sharma
Court: Himachal Pradesh
Decided on: Aug-29-1952
Reported in: AIR1953HP22
ORDERChowdhry, J.C. 1. This is a petition under Section 526, Cr. P. C., by one Pt. Balmukand, for transfer of the case under Section 501, I.P.C.,' pending against him and his brother Sada Nand on the complaint of one Pt. Har Dev Sharma in the Court of the Magistrate first class Solan. With this petition his aforesaid brother and co-accused has to-day associated himself.2. The petition is on the ground that a fair and impartial trial cannot be had in the said Court. The allegations, to be mentioned presently, contained in the application for transfer are supported by the petitioner's affidavit.3. The petition has been opposed by the Government Advocate & also by the complainant, but no counter-affidavit has been filed. The Magistrate concerned has submitted his explanation with regard to the allegations made by the petitioner against him. I have heard learned counsel, and am of the opinion that this is a fit case for being transferred.4. 7-6-1952 was the first date on which the present ...
Choudhri Vs. Ram Saran Das and anr.
Court: Himachal Pradesh
Decided on: Aug-26-1952
Reported in: AIR1953HP49
ORDERChowdhry, J.C.(1) This is an application by one Choudhri to revise the order of the Senior Subordinate Judge Mahasu, dated 30-11-1951, dismissing his objection under Order 21, Rule 58, Civil P. C., against the attachment of certain land in execution of the decree of Ram Saran against Dharam Das.(2) The attachment was made on 28-10-1950 and the objector laid claim to the property under a sale-deed dated 25-1-1950. The Subordinate Judge dismissed the objection on the findings that the objector was not in possession of the attached property, and that the sale-deed in question passed no title to him. He also overruled the objector's contention that the property had not been validly attached.(3) It was strenuously contended by the learned counsel for the objector-petitioner that this is a fit case for interference by this Court, because the learned Subordinate Judge has, acted with material irregularity in exercise of his jurisdiction in going into the question of title. A number of ru...
Mehar Chand Vs. the State
Court: Himachal Pradesh
Decided on: Aug-21-1952
Reported in: AIR1953HP3
ORDERChowdhry, J.C.(1) This is an application for review of the judgment of this Court passed on 20-8-1951 whereby, although seven other persons were discharged on their tendering unconditional apologies, the present petitioner was sentenced to a fine of Rs. 100/- under Section 3 of the Contempt of Courts Act, 1926. The petitioner was treated differently from the others because he did not put in appearance in this Court on the date of hearing. He had sent a telegram asking for adjournment on the ground of sickness, but it was disregarded because no communication relating to a judicial matter can be acted upon unless made formally. An application for adjournment supported by a medical certificate was received from the petitioner subsequently, but that was too late because received after the judgment.(2) In the present petition for review of the said judgment, although the petitioner seeks in the first instance to explain that he had no complicity in the matter interpreted as amounting t...
Daulat Ram Vs. the State
Court: Himachal Pradesh
Decided on: Aug-20-1952
Reported in: AIR1953HP61
ORDERChowdhry, J.C.(1) This is an application by one Daulat Ram under Section 526, Criminal P. C., for the transfer of a case pending against him under Section 409, Penal Code, in the Court of Sri A.S. Bhatnagar, Magistrate, first class, Rampur Bushahr, district Mahasu, on the ground that a fair and impartial trial cannot be had in that Court. The petitioner has stated at the end of his application that if the case is transferred he will not claim a trial de novo.(2) The first information report consists of a letter dated 2-1-1951 addressed by the Chief Conservator of Forests Himachal Pradesh to the Senior Superintendent of Police Kasumpti. The Senior Superintendent of Police entrusted the investigation to a certain Inspector of Police and a charge-sheet against the petitioner was in due course submitted to the said Magistrate on 7-3-1951. The Magistrate summoned prosecution evidence for 6-4-1.951, and between the latter date and 22-6-1951 nine prosecution witnesses were examined. Ther...
Chamba Valley Transport Ltd. Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Aug-11-1952
Reported in: AIR1953HP8
ORDERChowdhry, J.C. 1. This is an application under Article 226 of the Constitution of India by the Chamba Valley Transport Limited for enforcement against the respondent, the State of Himachal Pradesh, of the fundamental right to carry on business guaranteed by Article 19 (g).2. The Company came into being before the inauguration of Himachal Pradesh under an agreement with the former Hill State of Chamba, and was plying transport vehicles on hire between Chamba and Bannikhet on 5-year permits, which were to expire on 31-7-1952, until stopped from doing so on and from 30-9-1949 by a notice, dated 10-9-1949, from the Deputy Commissioner of Chamba prohibiting the Company from running the motor service because the administration had decided to nationalise transport in the State.3. It will be noticed that the Company carried on its business for about a year and a half after the integration of the Hill States into Himachal Pradesh before it was stopped by the respondent. The respondent was ...
Hari Das Minor Through Balak Ram as His Next Friend Vs. Mt. Lachhmi an ...
Court: Himachal Pradesh
Decided on: Aug-01-1952
Reported in: AIR1953HP19
Chowdhry, J.C. 1. This is a second appeal by the minor plaintiff Hari Das through his natural father Balak Ram as his next friend. Dhani Ram made a gift of his property to Jiwanu and Moti Ram. A report for mutation of this gift was made by the Patwari on 14-7-1948 and, despite the objection of Balak Ram on behalf of the minor, sanctioned on 2-8-1948. The present suit was then filed against the donor and the donees on .18-6-1949 by the minor, claiming to be an adopted son of the donor Dhani Ram, and alleging the property to be ancestral, for a declaration that the gift is invalid and ineffectual against the interests of the plaintiff. The adoption was alleged to have taken place on 28-1-1946.2. The plaint mentioned both the Hindu Law and custom. One of the issues framed by the trial Court therefore was: Are the parties governed in the matter of succession and alienation by custom, and if so, what is that custom, and what is its effect on the suit? The matter in respect of which custom h...
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