Himachal Pradesh Court August 1971 Judgments
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Lachhman Vs. Thunia
Court: Himachal Pradesh
Decided on: Aug-25-1971
Reported in: AIR1972HP69
Chet Ram Thakur, J. 1. This second appeal has been referred to a Full Bench as one of the questions which arose, when it came up for hearing before one of us, was whether the rights of the reversioners who had obtained a decree declaring that their rights were intact despite an alienation made by a widow, prior to the passing of the Hindu Succession Act, 1956, (hereinafter referred to as the Act), were affected by the provisions of the Act. A Full Bench of the Punjab High Court in Amar Singhv. Sewa Ram, had, it was submitted, held that the rights of reversioners are' not governed by the provisions of the Act, but by the law prevailing before the commencement of the Act. This question arose, on the facts found by the lower courts, as detailed below.2. On the death of Shihnu, the last male holder of the property in dispute, his widow, Smt. Karju, succeeded as a limited owner of the estate left. On 22-5-1946, she gifted the land in dispute, which included her share in Shamilat land, to La...
Harsarup Dass Vs. Phul Chand and ors.
Court: Himachal Pradesh
Decided on: Aug-18-1971
Reported in: 1972CriLJ83
D.B. Lal, J.1. This is an application under Section 526 of the Criminal Procedure Code and the prayer is for the transfer of proceedings from the Court of the Sub-Divisional Magistrate, Nalagarh. to any other competent Court outside Simla District. Harsarup Dass is the applicant and he has alleged that his wife Srimati Rukmani Devi lumped into a well on the night on 9th June. 1971 as she committed suicide. The first postmortem examination on the body was performed on 10-6-71. There was a stir in the town and processions were organised. There was demonstration against the applicant who was suspected to be a murderer. As a result to all that, the District Medical Officer was summoned from Simla and he performed another post mortem examination on 11-6-71. The Police was investigating the case, but the District Magistrate Simla, chose to entrust the enquiry to the Sub-Divisional Magistrate. Kandaghat, under Section 176. Criminal Procedure Code, This Magistrate reached Nalagarh on 24-6-71 a...
Mrs. Tribani M. Kumar Vs. Mrs. Ellen Kaula and anr.
Court: Himachal Pradesh
Decided on: Aug-10-1971
Reported in: 1971CriLJ1795
ORDERD.B. Lal, J.1. The learned Sessions Judge of Simla has made this reference Under Section 438 of the Criminal Procedure Code and the facts, as disclosed, are rather so convincing that the reference has to be accepted. There is a premises known as 'Jutog View Cottage' at Summer Hill Simla, which, according to Mrs. Ellen Kaula was in her possession till July, 1970 when she left for Delhi. On 5-9-1970 when she returned from Delhi. She found that over her own lock, her close relation Mrs. Tribehi M. Kumar had put her own lock and thereby wanted to disturb her possession. Accordingly she made a report to the Police for the offence which might have been committed. Subsequently on 21st September. 1970 she made an application Under Section 523 Cr.PCode to the Chief Judicial Magistrate. Simla, and stated therein that she was residing in the Cottage and as the Police was likely to take long to complete investigation, the Police should deliver possession to her after breaking open the locks. ...
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