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Himachal Pradesh Court March 1962 Judgments

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Mar 26 1962

Chet Ram Vs. Union of India (Uoi)

Court: Himachal Pradesh

Decided on: Mar-26-1962

Reported in: 1963CriLJ120

C.B. Capoor, J.C.1.This appeal by Chet Ram and Criminal Appeal No. 28 of 1961 by the Union of India arise out of the same order of the learned Sessions Judge Mandi and Chamba districts and in order to facilitate matters I propose to dispose of them by this order.2. Chet Ram, hereinafter to be referred as the appellant, was prosecuted for an offence under Section 302, I.P.C., for having caused the death of his wife Smt. Teja on the night between 15th and 16th of April 1961. The learned Sessions Judge found him guilty of the offence under Part I of Section 304, I.P.C. and sentenced him to undergo rigorous imprisonment for a period of 10 years. He has appealed against the order of conviction and sentence and the State has filed an appeal against the order acquitting the appellant of the offence under Section 302, I.P.C.3. Briefly stated the prosecution case was as below:About 11/2 years prior to the incident under consideration the appellant was married to Smt. Teja, the daughter of Som D...


Mar 17 1962

Devi Ram and anr. Vs. Mulakh Raj

Court: Himachal Pradesh

Decided on: Mar-17-1962

Reported in: 1962CriLJ543

Capoor, J.C.1. This application in revision was filed by Shri Devi Ram and his son Shri Mian Ram. The former appli- cant has since died and his name has been expunged from the array of parties.2. A complaint was filed by the respondent against the petitioner and his since deceased father for offences .Under Sections 504, 447 and 500 of IPC on the allegations that they wanted to pass by the house of the respondent who restrained them from doing so and they abused him in the name of his mother and sister.3. The learned Magistrate who was. trying the case framed a charge Under Section 504 of IPC only, la support of the petition it has been contended that neither evidence adduced on behalf of the respondent nor the charge framed by the learned Magistrate indicated the terms of we abuses alleged to have been hurled by the petitioner and his since deceased father and as such a charge could not the framed for the offence Under Section 504 of I. P, C. that Section reads as below:Whoever intent...


Mar 13 1962

Union of India (Uoi) Vs. Lachhman Alias Punno

Court: Himachal Pradesh

Decided on: Mar-13-1962

Reported in: AIR1962HP57

C.B. Capoor, J.C.1. This appeal by the State is directed against an order of a Magistrate Second Class Bilaspur whereby in the exercise of powers conferred by Section 247, Cr.P.C, the respondent, was acquitted of an offence under Sections 32 and 33 of the Indian Forest Act, 1927. The Divisional Forest Officer Bilaspur Forest Division sent to the District Magistrate Bilaspur three challans on 6th August, 1960, and one of those No. 20 pertained to the respondent. The District Magistrate forwarded the letter received from the Divisional Forest Officer to the Magistrate Second Class Sadar for disposal. The Magistrate took cognizance of the case and the respondent wassummoned. The complainant's evidence was closed on the 28th February 1961 and 14-3-61 was fixed for further proceedings. The presiding officer did not attend the Court on that date or on the date next fixed for the disposal of the case. The case was taken up on 16-5-1961. The complainant was not present but on Ms behalf one Shr...


Mar 02 1962

Kishori Lal Kapoor Vs. the Lt. Governor and anr.

Court: Himachal Pradesh

Decided on: Mar-02-1962

Reported in: AIR1963HP54

ORDERC.B. Capoor, J.C.1. This is a petition under Article 226 read with Article 311 of the Constitution of India and has been filed by Shri Kishori Lal Kapoor agafnst the Lieutenant-Governor Himachal Pradesh and the Registrar, Co-operative Societies Himachal Pradesh.2. The petitioner was a junior clerk in the Himachal Pradesh secretariat in the year 1950 and was confirmed in the year 1952.3. The Co-operative and Supplies Department Himachal Pradesh invited applications for the posts of auditor and with the permission of the then Chief Secretary to the Himachal Pradesh Administration he applied for one of those posts and was selected by a Selection Board presided over by the then Home Minister. The Registrar, Co-operative Societies Himachal Pradesh through the Officer-on-Special Duty to Himachal Pradesh offered to the petitioner one of the posts of auditor subject to certain conditions mentioned in the office order copy of which is Annexure 'A' to the petition. The offer was accepted by...


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