Himachal Pradesh Court August 1953 Judgments

Bishan Lal Verma Vs. State and anr.

Court: Himachal Pradesh

ORDERChowdhry, J.C.1. This is an application under Section 526, Cr. P. Code, by one of the five accused who have been prosecuted on the complaint of the respondent Jai Datt for offences punishable under Sections 447 and 427, I. P. C., in the Court of Sri DevkiNandan, Magistrate, first class at Kasumpti fortransfer of the case to any other competentMagistrate. The application is made on groundstending to show that a fair and impartial trialcannot be had before the said Magistrate and onthe further ground that the trying Magistrate isa necessary, defence witness in the case. Theapplication has been opposed by the complainantand by he Government Advocate on behalf ofthe State.2. There was a preliminary objection taken by the learned counsel for the complainant, and it was that the application for transfer was not supported by a legal affidavit as required under the mandatory provisions of Sub-section (4) of Section 526. Section 539 of the Code lays down the Courts and persons before whom ...

Girdhari Lal Vs. Spedding Dinga Singh and Co.

Court: Himachal Pradesh

Reported in: AIR1954HP52

Choudhry, J.C.1. This is a defendant's appeal against the judgment and decree of the learned District Judge of Mandi, dated 28-3-1951, decreeing the suit of the plaintiff-respondent for Rs. 15,335/14/3.2. The suit was as by a buyer against a seller for recovery of excess of sums advanced over valueof goods supplied, plus Interest. The suit was based on two contracts of even date, 26-5-1947, under one of which the defendant agreed to supply 100 tons of wheat, and under the other 20 tons of rice, to the plaintiff firm at its godown in Chamba before the expiry of the month of June 1947, the qualities of the commodities arid the rates at which they were to be supplied being specified. The plaintiff's case was that the sums advanced to the defendant totalled Rs. 60,000/- and that the defendant supplied goods worth Rs. 43,478/5/9 and repaid Rs. 3,500/- in cash. The suit was therefore for recovery of the balance Rs. 13,021/10/3, plus Rs. 5,130/10/- interest at the contract rate of Rs. 18/12/-...

In Re: Sri Kirti Ram Advocate

Court: Himachal Pradesh

Reported in: AIR1954HP51

ORDERChowdhry, J.C.1. The petitioner, Sri Kirti Ram Tewari, applied to be admitted and enrolled as an Advocate of this Court and prayed for exemption from payment of the stamp duty under Article 30, Schedule I, Stamp Act, 1899.2. Being an Advocate of the Court of the Judicial Commissioner, Bilaspur, he fulfilled the necessary qualification under Rule 4, Himachal Pradesh Legal Practitioners Rules, 1952, and the application was granted by an order of this Court dated 2-6-1953. Under Rule 9 it was still incumbent upon the petitioner to pay stamp duty, if any, chargeable under the Legal Practitioners' Act, 1879, or the Stamp Law for the time being in force in Himachal Pradesh, within one month of the date of the order granting the application, or within such further time as may be extended by the Registrar, before the Registrar issued an Enrolment Certificate to him. This stamp duty, amounting to Rs. 300/-, has been paid by the petitioner under protest, hoping to get a refund if he is gran...

Guddu Mal and anr. Vs. AmIn Chand and ors.

Court: Himachal Pradesh

Reported in: AIR1954HP24

ORDERChowdhry, J.C.1. This is an application by Guddu Mal and Thunia Mal under Articles 132 and 133 of the Constitution for the grant of a certifi- cate to enable them to appeal to the Hon'ble the Supreme Court against the order of this Court dated 14-11-1952 dismissing their revision petition.2. The respondent Amin Chand obtained against them a decree for Rs. 6,000/- odd from the Court of the District Judge at Koti on 29-6-1948. The present petitioners, as defendants in that suit, filed an appeal against the decree on 30-9-1948 in this Court. The then Judicial Commissioner, who was also invested with the powers of a Judicial Committee under the States Courts Act, 1943, transferred the appeal to himself as Judicial Committee by an order dated 17-5-1949, acting under a notification of the Chief Commissioner dated 14-1-1949, and decided it as such on 24-5-1949, recommending to the Chief Commissioner that the appeal be dismissed. The Chief Commissioner, acting on that recommendation, dism...

Chet Ram Vs. the State

Court: Himachal Pradesh

Reported in: AIR1954HP32

ORDERChowdhry, J.C.1. Chet Ram, alias Chattru, was convicted by the learned Magistrate first class Rampur for an offence punishable under Section 228, Penal Code, and sentenced to a fine of Rs. 20/-(and not Rs. 200/-, as erroneously stated by the learned Sessions Judge), or fifteen days simple imprisonment in default of payment of fine. He went up in revision and the learned Sessions Judge has made a reference to this Court under Section 438, Criminal P. C., with the recommendation that the sentence be reversed. The petitioner is said to have insulted Sri Hari Das, one of the three members of the Gaura Panchayat, and caused interruption to the Pan-thayat while it was functioning as a Court on 16th Sawan 2009 B. 2. The learned Sessions Judge has made the aforesaid recommendation on the grounds that the Magistrate took cognizance of the case without a proper complaint, that the complaint should have been made by the Panchayat as a whole and not by only one of its members and that even on...

Sarjit Vs. Hari Singh and ors.

Court: Himachal Pradesh

Reported in: AIR1954HP28

ORDERChowdhry, J.C.1. Ramanand obtained a decree to pre-empt a sale made by Jai Ram and Mt. Kundal Dei in favour of Sarjit on condition of his depositing the purchase money within two months. The deposit was made beyond the time allowed by the decree and Ramanand's prayer in execution of the decree for possession of the property was resisted by Sarjit on that ground, but Sarjit's objection was dismissed by the execution Court and so was his appeal by the Senior Subordinate Judge of Ram-pur. Thereupon Sarjit came up in revision to this Court. 2. In the course of the revision it was stated by the learned counsel for the parties that a compromise had been arrived at, but they were at variance with each other as regards its terms. It was contended on behalf of the petitioner, Sarjit, that this Court should determine and record the terms cf the compromise and pass a decree in accordance therewith. On the other hand, the argument on behalf of the decree-holder-respondent was that the certifi...

Mandir Sri Deota Jakh Vs. Sishi Ram

Court: Himachal Pradesh

ORDERChowdhry J.C.1. This is an application in revision by the plaintiff Mandir Sri Deota Jakh of Jakh-noti, an idol, through its managers. It obtained a decree from the Court of the Subordinate Judge of Rohru on 31-8-1951 against the defendant-respondent Sishi Ram for recovery of Rs. 360/- as the amount realized by him from various subscribers for the use of the idol. On the defendant's appeal the learned District Judge of Mahasu and Sirmur set aside on 18-3-1952 the judgment and decree of the trial Court and dismissed the suit. The plaintiff has now come up in revision to this Court.2. There is an office objection that the court-fee paid by the petitioner is deficient, and this objection has been supported by the learned counsel for the defendant-respondent and by the learned Government Advocate on behalf ofthe State.3. The petitioner has paid a court-fee of Rs. 2/- as on an application or petition under Sch. II, Article l(d) Court-fees Act. The objection is that in view of para 36, ...

Ramdatt Vs. Paras Ram and ors.

Court: Himachal Pradesh

Reported in: AIR1954HP29

ORDERChowdhry, J.C.1. This is a plaintiffs application in revision against the judgment and decree of the learned District Judge of Mahasu and Sir-mur dated 21-4-1952 whereby the decision of the trial Court dismissing the suit was upheld. 2. Certain land was sold by the defendant-respondent Kapuro to the defendant-respondent Paras Ram. Thereupon the present suit was filed by Jwala Ram, Ram Datt and Dharam Dass as collaterals of the vendor for two reliefs in the alternative, one a declaration that the alienation would not be binding on the reversionary rights of the plaintiffs after the death of the vendor and the other pre-emption of the sale. The suit was dismissed in regard to both the reliefs by the trial Court, and that decree, as just stated, was maintained on appeal by the District Judge. 3. This revision is not concerned with the alternative relief based on pre-emption because the petitioner has failed to make good the necessary court-fee. The only point for consideration with r...