Himachal Pradesh Court November 1954 Judgments

Moolraj Vs. State of Himachal Pradesh

Court: Himachal Pradesh

Reported in: 1955CriLJ1585

ORDER16. The conviction of the appellant of the offence under Section 161, I. P. C., is maintained and so is the sentence of imprisonment till the rising of the Court. The sentence of fine is reduced from Rs. 300/- to Rs. 50/- in default one month's R. I. Fine, in excess of Rs. 50/- realised from the appellant, shall be refunded to him. Subject to these modifications, the appeal is rejected....

Laturia and anr. Vs. Panchku and ors.

Court: Himachal Pradesh

Reported in: AIR1955HP49

Ramabhadran, J.C. 1. Gokul, appellant, died on 27-3-1953. On 11-9-1953, Laturia appellant, put in an application under Order 22, Rules 3 and 9, alleging that he came to know of Gokul's death only towards the end of August 1953 and, therefore, the delay in bringing Gokul's legal representatives on the record was due to circumstances beyond his control. An affidavit was filed by Laturia in support of the application. A counter-affidavit was filed by Panchku, respondent, disputing the allegations made in Laturia's affidavit and further stating that Laturia was present in the village, when Gokul died and he also took part in his obsequies. 2. On 22-3-1954, an order was made by this Court, directing the learned District Judge, Mandi, to record the evidence of the parties on Laturia's application and affidavit and the counter-affidavit filed by Panchku and to forward the same to this Court with his report. In pursuance of this order, the learned District Judge has recorded the evidence of th...

Ramditta Vs. Dhani Ram and ors.

Court: Himachal Pradesh

Ramabhadran, J.C. 1. This is a second appeal by a plaintiff and it arises out of a suit for specific performance of an agreement to exchange lands. The trial Court dismissed the suit on the ground that there was no complete agreement to exchange inter partes. It also found that the plaintiffs-land had considerably deteriorated in quality, while the defendant had effected improvements on his lands. ' On that score also, the Subordinate Judge was of the opinion that it would not be equitable to decree specific performance. The plaintiff then went up in appeal to the learned District Judge, who affirmed the decision of the Subordinate Judge. Hence, this second appeal.2. I have heard learned counsel for the parties. The main point for determination here is whether there was a completed agreement between the parties regarding the exchange of their lands. Learned counsel for the appellant argued that under Section 3 of Mandi Regulation 2 of 1975 Samvat, only sales, mortgages, gifts or exchan...

Aziz Vs. Mt. Naro and ors.

Court: Himachal Pradesh

Reported in: AIR1955HP32

Ramabhadran, J.C.1. This second appeal by plaintiff' against the decision of the learned District Judge, arises out of a suit for restitution of conjugal rights, which was valued at Rs. 1,000/-.2. The decision turns upon the interpretation of the Niqahnama, Ex. D-A, which has been reproduced, in extenso, by the learned Senior Subordinate Judge, Chamba. It is common ground that Mt. Naro, respondent, has married Habib, respondent. Mt. Nara sought to justify her action on the ground that, according to the terms of the Niqahnama, her previous marriage with the plaintiff, Aziz, was automatically dissolved, when the letter contracted a second marriage. The trial Court did not accept the interpretation of the Niqahnama put upon it by Mt. Naro. It has pointed out that, according to the terms of the Niqahnama, if the plaintiff contracted a second marriage, all that Mt. Naro was entitled to, was a maintenance allowance of Rs. 10/- p. m. at her father's house. In the absence of evidence to show t...

Madho Vs. Mt. Chanchoo

Court: Himachal Pradesh

Reported in: AIR1956HP40,1956CriLJ749

ORDERRamabhadran, J.C. 1. This is a reference by the learned Sessions Judge of Chamba, wherein he has recomanended that an order under Section 488, Cr. P. C., an favour of Mt. Chanchoo be set aside.2. Mt. Chanchoo asked for maintenance on the ground that her husband, Madho (whom she had married about 14 years previously), had taken to drink and contracted illicit intimacy with one Mt. Naro and finally beat her and turned her out on 4th Bhado, 2009.3. These allegations were denied by Madho. His case was that Mt. Chanchoo left his house during his absence and went back to her father's house and refused to return despite his efforts to get her back. The learned Magistrate, who tried the case, found in favour of Mt. Chanchoo and directed Madho to pay her Rs. 15/- p.m. as maintenance. Madho went up in revision to the learned Sessions Judge, who was of the opinion that the Magistrate's order could not be supported.He has pointed out and quite rightly that, unless it is proved that the husban...