Himachal Pradesh Court September 1962 Judgments
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Dayal Vs. Union of India (Uoi)
Court: Himachal Pradesh
Decided on: Sep-29-1962
Reported in: AIR1963HP18,1963CriLJ762
C.B. Capoor, J.C.1. Dayal has appealed through the Superintendent District Jail Nahan against the order of the learned Sessions Judge, Mandi and Chamba Division, convicting him of an offence under Section 304, Part II, I.P.C., and sentencing him to undergo rigorous imprisonment for a period of six years. The appellant was prosecuted for the offence under Section 302, I.P.C., but was acquitted of that and the State has submitted to the order of acquittal.2. The facts leading to the prosecution of the appellant lie within a narrow compass and may briefly be stated as below:--The appellant and Biasakhi, hereinafter to be referred as 'the deceased', were residents of village Jaol and their fields used to be irrigated with the water of the same Kuhl known as Sarli. Differences had arisen between them over the right to take water from the said Kuhl and on 20th November 1960 a complaint was filed by the deceased against the appellant and some others in the Gram Panchayat Pandol. Efforts made ...
Lala Parshotam Ram Vs. Khem Chand and ors.
Court: Himachal Pradesh
Decided on: Sep-18-1962
Reported in: AIR1963HP47
C.B. Capoor, J.C.1. This second appeal has been preferred by the judgment debtor and is directed against an appellate judgment and decree of theSeamed District Judge Mandi and Chamba Districts dismissing an appeal preferred by the appellant against a final decree under Order 34, Rule 8 of C. P. C.2. The appellant has paid a Court-fee ofRs. 4/- on the memorandum of appeal. The officehas objected that Court-fee is payable ad valoremunder Article 1 Schedule 1 of the Court-fees Act.The correctness of the office report has been challenged on behalf of the appellants. It has beencontended on behalf of the appellants that the present appeal is directed against the decree of thelearned District Judge which was passed on anappeal against an order and as such the presentappeal should also be treated to be against anorder.In support of the contention that the appeal in the Court of the learned District Judge was against an order a two fold contention has been advanced on behalf of the appellant (...
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