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Himachal Pradesh Court April 1954 Judgments

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Apr 27 1954

Fatta and ors. Vs. Mt. Gulabi

Court: Himachal Pradesh

Decided on: Apr-27-1954

Reported in: AIR1954HP62

ORDERRamabhadran, J.C.1. This is a revision petition against the judgment and decree dated 29-12-1951 of Mr. Tej Singh Vaidya, formerly District Judge of Mandi, in Civil Appeal No. 229 of 1951, whereby he affirmed the judgment and decree of the Subordinate Judge of Mandi in suit 233 of 1951. 2. Learned counsel for the respondent raised two preliminary objections to the hearing of this revision petition, (a) It is contended that the revision petition is beyond time. The revision petition was presented before the District Judge, Mandi, on 31-3-1952 by Sri Rattan Lal Advocate, who, it is alleged, had no power. Accordingly, the revision petition was returned and was eventually received back on 16-5-1952. It is contended that, by this time, the limitation period had expired. (b) It was further urged that the plea of 'res judicata' could not be raised in revision. 3. As regards (a), learned counsel for the respondent argued that Sri Rattan Lal was not enrolled as an Advocate of this Court on...


Apr 14 1954

State of Himachal Pradesh Vs. Sri Raghunandan Lal Gupta

Court: Himachal Pradesh

Decided on: Apr-14-1954

Reported in: AIR1954HP70

Ramabhadran, J.C. 1. This is a petition under Section 3 of the Contempt of Courts Act, wherein I am requested to take action under that Act, against the respondent in respect of certain passages in his speech allegedly made at a public meeting held at the Bara Chowk of Nahan Bazaar on 32-9-1953. The facts giving rise to this petition may be stated briefly. On 6-5-1953, three persons were murdered at village Sanog, ilaqa Pajhota, P. S. Pachhad, district Nahan. As a result of police investigation, one Devnu was sent up by the police charged under Section 302, I. P. C. There was another case under Sections 194 and 201, I. P. C., against one Chunchu Ram and seven others. The latter challan was filed in the Court of Sri K. R. Chandel, Magistrate first class, Nahan (exercising Section 30 powers) on 21-9-1953, while the former case was filed in his Court three days later. It is alleged that on 22-9-1953, during the course of a public meeting held at Bara Chowk of Nahan Bazaar, respondent, int...


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