Himachal Pradesh Court September 1964 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Dila Vs. the Union of India (Uoi), Etc.
Court: Himachal Pradesh
Decided on: Sep-30-1964
Reported in: AIR1965HP53
ORDEROm Parkash, J.C.1. This petition, under Article 226 of the Constitution of India, for the issue of a writ of mandamus, is directed, against the Union of India and the District Medical Officer of Health, Mandi District. The petition is founded on the following allegations :2. The petitioner was in peaceful, actual and physical possession of land, measuring 2-10-17 bighas, comprised in khasra No. 2, situated in village Raghunath Bag, Tehsil Mandi. In the last week of the month of December, 1962, a Government contractor, under the orders, instructions and authority of the respondents, had come on the aforesaid land, and had, in spite of the petitioner's protests, commenced laying the foundations of a building and had destroyed the Rabi crop, sown by the petitioner. This act of the contractor resulted in the illegal and forcible dispossession of the petitioner, from the land. The petitioner served a notice, under Section 80, C. P. C., on the respondents, on the 3rd January, 1963, dema...
Paras Ram Vs. Dayal Das and ors.
Court: Himachal Pradesh
Decided on: Sep-30-1964
Reported in: AIR1965HP32
Om Parkash, J.C.1. This appeal is directed against an appellate decree of the learned District Judge, Mahasu, affirming a decree of the learned Senior Subordinate Judge, Mahasu. The suit, out of which the appeal has arisen, was instituted by the appellant, his sister Smt. Sunehru, respondent No. 5 and his mother Smt. Dwarku, since dead, for the possession of the estate of Sita Ram, who had died on the 21st August, 1957. The suit, instituted in the Court of the Senior Subordinate Judge, Mahasu, was founded on the following allegations:--2. Smt. Dwarku was married to Sita Ram about 40 years ago and the appellant and Smt. Sunehru respondent No. 5 were born during the continuance of that marriage. Sita Ram constituted a joint Hindu family with his brothers, Dayal Das respondent No. 1, Thakur Dass respondent No. 2 and Dhani Ram deceased. The property, in suit, was the property of the joint Hindu family. After the death of Dhani Ram his one-fourth share, in the property, in suit, was mutated...
The Vijaya Co-operative M.P. Society Ltd. Vs. Sangat Ram and anr.
Court: Himachal Pradesh
Decided on: Sep-29-1964
Reported in: AIR1965HP21,1965CriLJ443
ORDEROm Parkash, J.C.1. This revision petition is directed against an order of the learned Sessions Judge, Mahasu, Sirmur, Bilaspur and Kinnaur Sessions Division, rejecting a revision petition, against the order of the learned Magistrate First Class, Rohru, convicting and sentencing Sangat Ram respondent, under Section 408 I.P.C.2. Sangat Ram respondent was a salesman of the petitioner society. The President of the petitioner society had lodged an F. I. R., at the Jubbal Police Station, that Sangat Ram had committed criminal breach of trust, in respect of several amounts, totalling Rs. 2102.31 nP., of the petitioner society. After investigation, Sangat Ram was challaned, under Section 408 I. P. C.3. The learned Magistrate considered the documents, submitted under Section 173 Cr. P. C., with the challan. His conclusion was that the evidence, collected by the police, disclosed an offence, against Sangat Ram, with respect to two amounts namely, Rs. 168.50 nP. and Rs. 791.00, only and that...
Karam Das Sautha Vs. Sangat Ram
Court: Himachal Pradesh
Decided on: Sep-29-1964
Reported in: AIR1964HP37,1964CriLJ679
ORDEROm Parkash, J.C.1. This is a petition for review of the judgment, dated the 12th December, 1963, of this Court,delivered in Criminal Appeal No. 25/63, filed by SangatRam respondent, and for expunging of remarks, from thatjudgment. The facts, out of which, that appeal had arisen,were as follows:-2. Sangat Ram was a salesman ef the Vijai Multipurpose Co-operative Society, Dhar. The petitioner was the President of that Society. On checking of the accounts of the Society, by the petitioner, it was discovered that Sangat Ram had embezzled an amount of Rs. 509.09 nP. Sangat Ram, out of grudge, against the petitioner, had set fire to his houses, situated in village Dhar, on the night between 22nd and 23rd December, 1962, which had resulted in the gutting of 28 houses of the inhabitants of that village and in a loss of Rupees six or seven lacs.3. Sangat Ram was challaned and committed to the Sessions to stand trial for an offence under Section 436 I. P. C. The case was tried by the learne...
Mst. Sunehru Vs. Rikhi Ram and ors.
Court: Himachal Pradesh
Decided on: Sep-22-1964
Reported in: AIR1965HP28
Om Parkash, J.C.1. This judgment will dispose of Regular Second Appeals Nos. 17 and 18 of 1961,which are directed, against the appellate decrees of the learned District Judge, Bilaspur. The parties, the facts and the questions of law, involved in both the appeals, are the same. It will, therefore, toe convenient to dispose them of toy one judgment.2. The facts, leading to the filing of the appeals, are simple and are not in dispute. The predecessors-in-interest of the appellant had effected three mortgages, with possession, in favour of the predecessors-in-interest of the respondents, in respect of three parcels of land, measuring 3 bighas and 9 biswas, 8 bighas and 16 biswas and 4 bighas and 13 biswas. The appellant had instituted three suits, Nos. 134, 135 and 136 of 1957, in the Court of the Senior Subordinate Judge Bilaspur, for the redemption of the three mortgages and for possession of the lands mortgaged. The suits were contested by the respondents. Their main plea was that thei...
Mela Ram Vs. Balak Ram
Court: Himachal Pradesh
Decided on: Sep-18-1964
Reported in: AIR1966HP74
Om Parkash, C.J. 1. The facts, involved in this revision-petition, against an appellate order of the learned District Judge, Mahasu, are not in dispute, and are as follows: 2. The petitioner had taken, on lease, from the respondent, the upper flat of a shop, situated in Shali Bazar, Theog. The lease was for one year, from 1st April, 1959, to 31st March, 1960. The annual rent was Rs. 150/-. The petitioner had paid, out pf the rent, Rs. 50/- on the 7th April, 1959. The balance was payable in two instalments of Rs. 50/-coch; the first instalment being payable in the month of June, 1959 and the second on Diwali, 1959. It appears that the petitioner failed to pay the balance of Rs. 100.00. On the 3rd December, 1959, the respondent filed an application, under Section 13 of the East Punjab Urban Rent Restriction Act, as applied to Himachal Pradesh, (hereinafter referred to as the Punjab Act), before the Controller, Theog, for the eviction of the petitioner, from the demised premises, on the a...
Collector Vs. Lachhman and ors.
Court: Himachal Pradesh
Decided on: Sep-14-1964
Reported in: AIR1965HP18
Om Parkash, J.C.1. The dispute, in this appeal, against an order of the learned' Additional District, Judge, Bilaspur, relates to the determination of the market value of land and non-fruit trees, belonging to the respondents, situated in village Kallar, which were acquired in connection with the construction of Bhakhra-Dam-Reservoir. The Collector had assessed compensation with respect to the land and trees. The award of the Collector was not accepted by the respondents. They filed objections against it. The objections were referred, for determination, to the Court.2. The objections of the respondents, against the award, were that the market value of the land and trees had been assessed low and that the whole of the land acquired was kuhli and its market value should have been assessed as such and that the Collector was in error in classifying the land into kuhli, anderli awal, beharli awal, kheratar, banjer and gair-mumkin and evaluating each class at different rates.3. The objection...
Dhani Ram Etc. Vs. Sub-divisional Judge and ors.
Court: Himachal Pradesh
Decided on: Sep-10-1964
Reported in: AIR1965HP25,1965CriLJ550
ORDEROm Parkash, J.C.1. The facts, giving rise to this petition, under Articles 226 and 227 of the Constitution of India, are as under :2. Shri Het Ram, respondent No. 5, Sarpanch, Nyaya Panchayat, Himri, Sub-Tehsil Kotkhai and other Panches, constituting Bench No. 1 of the Nyaya Panchayat, had gone to village Rewag for demarcating the land of Shri Moti Ram. The land of the petitioners adjoined the land of Shri Moti Ram. The petitioners were alleged to have interrupted the proceedings, relating to the demarcation of land and also to have Insulted the members of Bench No. 1. Shri Het Ram, Sarpanch, filed a complaint under Section 228 I. P. C., against the petitioners, In the Nyaya Panchayat, about the alleged contempt. He also issued notices to the petitioners and constituted Bench No. 3, of the Nyaya Panchayat, consisting of respondents Nos. 2 to 4, for the trial of the complaint. The petitionerswere proceeded against ex parte as they did not appear despite service of summonses. The co...
- ‹ Prev
- Next ›