Himachal Pradesh Court December 1971 Judgments
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Krishna Devi and ors. Vs. State and ors.
Court: Himachal Pradesh
Decided on: Dec-21-1971
Reported in: AIR1972HP113
Chet Ram Thakur, J. 1. These three appeals arise out of the judgment and order, dated 80-12-1970, passed by the Motor Accidents Claims Tribunal, Mahasu. The Tribunal had awarded Rs. 30,000/- to the claimants of Banarsi Dass, and Rs. 35,000/- to the claimants of Gur Saran Dass, who had died in a bus accident on 25-10-1969 at 7.45 P.M. at a place near Katchi Ghati on the Kalka-Simla road due to the rash and negligent driving on the part of the driver of the Bus No. HIM 4656 belonging to the Himachal Pradesh. Government.2. In the written statement it was averred that there was no negligence on the part of the driver. But the learned Tribunal found that the bus was driven negli-ligently and rashly and the accident was the result of the same, and he accordingly awarded the aforesaid amounts to the claimants of the two deceased persons in the two applications, which were disposed of by the learned Tribunal, vide a single judgment.3. The claimants of Banarsi Dass deceased are not satisfied wi...
Gulam Ali Vs. State
Court: Himachal Pradesh
Decided on: Dec-07-1971
Reported in: 1972CriLJ551
Chet Ram Thakur, J.1. The question referred to the larger Bench was whether this Court should also set up a practice for future not to entertain the revision petitions directly from the orders of the Magistrates unless some extraordinary or exceptional circumstances have been shown by the party coming in revision directly against the order of the Magistrate.2. Ghulam Ali had filed the revision petition under Section 435, Criminal Procedure Code, direct to the High Court by-passing the Sessions Court which has got the concurrent jurisdiction with the High Court in matter of revision against the orders of the inferior Courts. The facts of the case have been stated in my order, dated 8th April. 1971. and need not be set out in detail.3. There was a dispute with regard to the possession of the land between Ghulam Ali and Jagdish Kumar, who alleged himself to be the owner in possession of the land by virtue of a purchase made by him from Maharani of Sirmur. Proceedings under Section 145. Cr...
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