Himachal Pradesh Court December 1964 Judgments
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Jagat Ram and ors. Vs. Mst. Mathi
Court: Himachal Pradesh
Decided on: Dec-29-1964
Reported in: AIR1965HP62
Om Parkash, J.C.1. This appeal has arisen out of an application, filed by the appellants, under Section 276, Indian Succession Act, for the grant of probate of a will, alleged to have been executed by Jhantu. on the 27th October, 1961, bequeathing his landed property, in favour of the appellants.2. The application was contested by the respondent, the widow of Jhantu. The respondent pleaded that the alleged will was not a will but was a mere declaration of successors, that Jhantu was not of a sound disposing mind at the time of the execution of the will, that the disposition made in the will was unnatural, as she, the only legal heir of Jhantu was entirely excluded from his property and that the bequest, made, which consisted of Jhantu's occupancy-tenancy only was void in view of the provisions of Section 68 of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act. The respondent, further, pleaded that the will was got executed under undue influence, coercion and fra...
Rajkumar Rajinder Singh and ors. Vs. Lieutenant Governor and ors.
Court: Himachal Pradesh
Decided on: Dec-28-1964
Reported in: AIR1965HP41
Om Parkash, J.C.1. This order will dispose of Civil Writ Petition No. 15 of 1962 and Civil Writ Petitions Nos. 2, a, 4, 8 and 16 of 1963. The important question of law, involved in these civil writ petitions, relates to the Interpretation of Section 27 of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, (hereinafter referred to as the Abolition Act). That section reads as under:--'(1) Notwithstanding anything contained in the foregoing provisions of this Chapter, a landowner who holds land, the annual land revenue of which exceeds Rs. 125/- per year the right, title and interest of such owner in such land shall hedeemed to nave been transferred and vested in the State Government free from ail encumbrances. (2) Nothing contained in Sub-section (1) shall apply in respect of such land which is under the personal cultivation of the landowner. (3) The landowner whose rights are acquired under Sub-section (1) by the State Government, shall be entitled to receive com...
Mehar Chand and ors. Vs. Twarsoo and ors.
Court: Himachal Pradesh
Decided on: Dec-26-1964
Reported in: AIR1965HP44,1965CriLJ356
Om Parkash, J.C.1. This petition, under Articles 226 and 227 of the Constitution of India, is directed against an order of the Sub-Divisional Judge, Mandi. The facts, in brief, leading to the filing of the petition, are as follows :2. Respondent No. 1 had lodged a complaint, for various offences, against the petitioners, in the Nyaya Panchayat, Jitpur. Petitioner No. 2 had, also, lodged a cross-complaint in the same Nyaya Panchayat. The Nyaya Panchayat decided the complaint of respondent No. 1 and convicted the petitioners, sentencing them to pay fine. The cross-complaint, filed by petitioner No. 2, was still pending. The petitioners filed an application, for revision, under Section 93 oi' the Himachal Pradesh Panchayat Raj Act (hereinafter referred to as the Himachal Act) before the Sub-Divisional Judge, against their conviction, by the Nyaya Panchayat. The Sub-Divisional Judge rejected the application, as barred by time, having been filed beyond the period of sixty days, prescribed, ...
Devi Saran Vs. the Election Tribunal Etc.
Court: Himachal Pradesh
Decided on: Dec-22-1964
Reported in: AIR1966HP50
ORDEROm Parkash, J. 1. This is a writ-petition, under Arts. 226 and 227 of the Constitution of India, for the quashing of an order of the Election Tribunal, District Mahasu.2. The petitioner was elected President of Gram Panchayat, Kathnol, District Mahasu, in an election, held, on the 30th August 1962. Respondent No. 2 put in an election-petition for setting aside the election of the petitioner. The election-petition was heard by the Election Tribunal District Mahasu, constituted under the Himachal Pradesh Panchayat Raj Act, and the Rules framed thereunder. The Election Tribunal declared the election of the petitioner as void on three grounds, namely, (1) that the petitioner was convicted some thirty years ago. in the erstwhile Bhaji State, for an offence under Section 409 I. P. C., which involved moral turpitude; (2) that the name of the petitioner was irregularly included in the Register of Members of Gram Panchayat, Kathnol; and (3) that the venue of polling was changed to benefit ...
The State Vs. Atma Ram
Court: Himachal Pradesh
Decided on: Dec-01-1964
Reported in: AIR1966HP18,1966CriLJ262
ORDEROm Parkash, J. 1. This is a petition, under Section 330(3) Cr. P. C., requesting this Court to accord sanction to the prosecution of the respondent, for an offence, under Section 194 I. P. C, The facts, giving rise to the petition, are as follows: 2. Paras Ram, brother of Jamna Dass P. W. 2 and Muni Lal P W. 4, was residing at Chindi, Tehsil Karsog, District Mandi. He was found dead, in his room, on the morning of the 25th December, 1962. The dead body was cremated by Paras Ram's relatives. 3. There were rumours that Paras Ram had not died a natural death but had been murdered. On the 1st January, 1963, Bodh Raj P. W. 1 made the application Ex. PB. to the Station House Officer, Karsog, stating that Paras Ram had died in suspicious circumstances and that he had some enmity with Hari Saran, as both were carrying on illicit connection with Shmt. Binti The police registered a case under Section 302 I. P. C. During the course of investigation, Hari Saran, the respondent and other perso...
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