Himachal Pradesh Court April 1971 Judgments
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Pinja Vs. Hoshiara
Court: Himachal Pradesh
Decided on: Apr-29-1971
Reported in: AIR1971HP21
D.B. Lal, J.1. This second appeal has been directed against the decision dated 8th December, 1967 of the District Judge, Kansra, in a suit for recovery of Rs. 500/-as damages for standing crop cut and appropriated by the defendants, whereby confirming the decree of the Senior Sub-Judge who awarded Rs. 223.13 for such crop, he has dismissed the appeal.2. Hoshiara-plaintiff filed the suit and the allegations were, that the land measuring 8 Kanals, 7 Marias of Khasra No. 142, situate in Tika and mauza Balehar, Tehsil Kangra, belongs to him, and that he had mortgaged the said land in favour of Pinja and two others--defendants in the case--for a sum of Rs. 725/-. On 29-4-1964 Hoshiara filed an application before the Collector for the redemption of the mortgage. The Collector made his order of redemption on 8-7-1964 and since khariff crop of 1964 was standing on the land which, according to the Collector was wrongly grown by the defendants, he awarded Rs. 100/- as compensation for this crop ...
Gohada Vs. Shri Dutt
Court: Himachal Pradesh
Decided on: Apr-28-1971
Reported in: AIR1971HP23
D.B. Lal, J. 1. This second appeal preferred under Section 104 of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953 (hereinafter to be referred as the Act), has been directed against the decision of the District Judge, Mahasu, in a petition under Sec. 11 of the Act for the acquisition on payment of compensation, the right, title and interest of the land-owner by the petitioner who is a tenant in land measuring 1-16-5 bighas, comprising in Khasra Nos. 1042 and 1043 situate in village Behna, Tehsil Sadar, Mandi, whereby, confirming the decision of the compensation Officer the District Judge has dismissed the petition. 2. Gohada appeared in Court and filed the petition under Section 11 of the Act, alleging, that Shri Dutt or Ram Dutt is his land-owner of the disputed land and that he was willing to pay compensation for acquisition of the landowner's right, title and interest. The respondent Shri Dutt contested, inter alia, that he was suffering from physical ...
Shiv Nath and ors. Vs. Milkhi Ram and ors.
Court: Himachal Pradesh
Decided on: Apr-16-1971
Reported in: AIR1971HP14
D.B. Lal, J.1. This second appeal has been directed against the judgment and decree dated 22-2-1961 of the Additional Senior Sub-Judge. Nangal Camp at Hishiarpur and relates to a suit for possession of 22 kanals 5 marlas of land comprising in Khasra Nos. 2348, 6025, 2253, 2301 and 2353 and 2358 situate in mauza Khad of Tehsil Una within the District of Kangra. Chhajju was occupancy tenant of the disputed land of which the defendant No. 1, Hans Bal was the landlord. Chhajju has since died and the plaintiffs and the defendants 4 to 15 are the heirs entitled to succeed Shrimati Kirpu, mother of Chhajju, who was once considered to be the exclusive heir after the death of Chhaliu. Being occupancy tenant, Chhajju fell in arrears of. rent. A decree was obtained against him by his landlord under Section 43 of the Punjab Tenancy Act (hereinafter to be referred as the Act). Thereafter the landlord applied for ejectment of Chhajju under Section 44 of the Act. The usual notice was served upon Chha...
Smt. Sodha Vs. Mansha Ram
Court: Himachal Pradesh
Decided on: Apr-08-1971
Reported in: AIR1971HP27
Chet Ram Thakur, J.1. This appeal has arisen out of an application under Section 9 of the Hindu Marriage Act brought by Mansha/ Ram respondent against Sodha (appellant) alleging Smt. Sodha to be his wile. It was alleged that after their marriage they lived as husband and wife at the house of the respondent and put of that wedlock a son was born, who is about 2 years of age. In August, 1964, the wife left his house at the instigation of her father and did not return to the matrimonial home despite several efforts on thepart of the husband and notice in this behalf sent by him. This way the wife had withdrawn from the society of the husband without any reasonable cause and he, therefore, sought a decree for restitution of conjugal rights.2. The petition was resisted and it was pleaded that she was not a legally wedded wife of the petitioner. She had eloped with him who kept her in his house for about three months in the year 1964 and the child was not that of the petitioner. She also mad...
State Vs. Shiv Ram
Court: Himachal Pradesh
Decided on: Apr-08-1971
Reported in: 1971CriLJ1017
ORDERD.B. Lal, J.1. This is an application in revision by the State against the order dated 9-11-1970 of the Additional Sessions Judge, Bilaspur, wherein he has declined to amend and substitute the charge Under Section 304, Indian Penal Code for which the accused, Shiv Ram-Respondent, has been committed for trial before the court of Session, The application arises in the following circumstances.2. The prosecution case arose as a result of a report instituted by one Jiwa Nand of Kosrian Kanaita, District Bilaspur, to the effect that at about 2 a. m. on the night between 17/18th May, 1968 the accused, Shiv Ram, was found giving severe beating with 'danda' to the deceased, Baldev Singh, in the courtyard of his house, with the result that the deceased suffered many injuries of serious nature. He was removed to the hospital and on the next day, i. e on 19-5-1968 at 1-20 p.m. he died in the hospital as a result of the injuries received by him. The post mortem examination was conducted by Dr....
Chet Ram Vs. State
Court: Himachal Pradesh
Decided on: Apr-02-1971
Reported in: 1971CriLJ1246
M.H. Beg, C.J.1. The appellant is a young man aged 27 years who has been convicted by the Sessions' Judge of Mahasu, Under Section 304. Part II, Indian Penal Code, and sentenced to one year's rigorous imprisonment only, and to pay a fine of Rs. 100/-, and in default of payment of fine, to undergo three months' further simple imprisonment.2. The prosecution case was that on 13th of October, 1969. the appellant, while going from Haripur towards Patta, on a road known as 'Brotiwala Road', came across a woman, Smt. Prabhi, aged about 100 years. and quarrelled with her. Then, the appellant is alleged to have thrown stones at the aged woman and injured her. Rattan Lai (P.W. 4), who was said to be following the appellant at some distance, was said to have heard voices and seen the accused throwing stones. The accused is alleged to have run towards Patta when he. saw Rattan Lai. The appellant was chased by Rattan Lai P.W. 4. The appellant was finally caught by Ram Dass (P.W. 6), the Chowkidar ...
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