Himachal Pradesh Court December 1954 Judgments

Mt. Basanti Vs. Pholo

Court: Himachal Pradesh

Reported in: AIR1955HP37

Ramabhadran, J.C. 1. This is defendant's second appeal against the decision of the learned District Judge, Bilaspmy upholding the judgment and the decree of the Sub Judge of Bilaspur in a suit for possession of the landed property left by one Munshi. Munshi died issueless in 1997 Sant, and thereupon, Mt. Basanti (who is the appellant in this Court) took possession of his landed property. Thereupon, Munshi's nephew Pholo (the plaintiff-respondent) filed a suit against her, seeking possession of Munshi's properties on the ground that Mt. Basanti was not the widow of Munshi, but only his concubine, and therefore she was not entitled to his properties. The suit was resisted by Mt. Basanti, who contended, that she had been married to Munshi in 'Krewa' form, and as such, was entitled to remain in possession of his properties. 2. The suit was decreed by the trial Court, and its decision was upheld by the District Judge of Bilaspur. Mt. Basanti then came in second appeal to this Court. My lear...

Shiv Singh Vs. Ramji Das and ors.

Court: Himachal Pradesh

Ramabhadran, J.C.1. This is a second appeal by a plaintiff, which arises out of a suit for rendition of accounts. The Senior Sub-Judge, Bilaspur, granted the plaintiff a preliminary decree under Order 20, Rule 15. The defendants preferred an appeal to the learned District Judge, who set aside the decision of the Sub-Judge and dismissed the suit on the ground that it was bad for non-joinder of necessary parties and for misjoinder. Thereupon, the plaintiff came up in second appeal to this Court. My learned predecessor allowed that appeal and remanded the case to the lower appellate Court for redecision with certain directions. The District Judge has re-heard the matter and once again non-suited the plaintiff. Hence the present second appeal. 2.Learned Counsel for the appellant argued that the issues framed by the District Judge, after remand, were incomplete and in the case of issues 5 to 7, the onus has been wrongly placed on the plaintiff. The findings arrived at by the District Judge ...

Ramesh Chandra and ors. Vs. State of Himachal Pradesh

Court: Himachal Pradesh

ORDERRamabhadran, J.C. 1. This is a petition under Article 226 of the Constitution, made by three former members of the Bilaspur Small Town Committee, wherein I am requested to issue a writ against the Respondent State of Himachal Pradesh, directing it to restore the petitioners and other members of the Committee to their former positions and restraining the respondent/ from interfering in the internal affairs of the Committee.2. Learned Counsel for the petitioners pointed out that oh 1-9-1954, an order was passed by the Lieutenant-Governor, Himachal Pradesh, purporting to be under Section 49, Punjab Small Towns Act, as applied to Himachal Pradesh, wherein it was stated that the Small Town Committee of Bilaspur was suspended, since it had persistently made default in the performance of its duties and abused its powers.3. Learned Counsel urged that the order was illegal and ultra vires since the petitioners and other members were not given an opportunity of showing cause against the sus...

State of Himachal Pradesh Vs. Chandan Lal

Court: Himachal Pradesh

Reported in: 1955CriLJ944

Ramabhadran, J.C.1. The respondent, Chandan Lal was convicted by the Magistrate first class, Kasumpti, of an offence under Section 19 (f), Arms Act, and sentenced to undergo six months R. I. He preferred an appeal which was allowed by the learned Sessions Judge of Mahasu (Shri Chet Ram), who set aside his conviction and acquitted him. The State Government has now come up in appeal under Section 417, Cr. P. C.2. Before I come to the merits of the case, I shall deal with a few preliminary objections raised on behalf of the respondent to the competency of this appeal.3. In the first place, it was contended that the appeal is time-barred. The Sessions Judge acquitted the respondent on 26-9-1953. Five days were taken in preparing a copy of the Sessions Judge's judgment. Limitation, therefore expired on 29-3-1954. The appeal was presented to this Court on 23-3-1954, prima facie, within the period of limitation. Learned counsel for the respondent, however, pointed out that the memorandum of a...

Jai Chand Rai Vs. State of Punjab

Court: Himachal Pradesh

Reported in: AIR1955HP9

ORDERRamabhadran, J.C.1. This is a petition under Article 226 of the Constitution and it has been made under the following circumstances.The petitioner, Jai Chand Rai, is a clerk employed in the Subordinate Judge's Court, Hissar, Punjab (I). On 7-7-1953, the petitioner submitted his admission form for the Intermediate Examination of the Punjab University, which was to be held on 5-9-1953. He offered Urdu as one of the elective subjects. On 8-8-1953, the petitioner was informed by the respondent that, according to the rules of the University, he could not offer Urdu as an elective subject. He was asked to offer some other subject admissible under the rules. Accordingly, the petitioner offered Hindi elective instead of Urdu elective and Urdu optional instead of Hindi optional.The petitioner, in due course, appeared at the examination. When the results were announced, he found that he had failed in two subjects, namely English and Hindi. The petitioner's contention is that if he had not o...

The State Vs. Puran Chand

Court: Himachal Pradesh

Reported in: 1955CriLJ947

ORDER8. I allow the appeal, set aside the order of the Court below, convict the respondent, Puran Chand, of an offence under Section 29, Police Act, and sentence him to imprisonment till the rising of the Court. Further, a penalty of Rs. 31/-representing one month's pay is inflicted upon him. This will be recovered by withholding the amount from arrears of pay and allowances if any due to the respondent from the Police Department. In . case no arrears of pay and allowances are due to the respondent, the penalty will not otherwise be realized....