Himachal Pradesh Court March 1972 Judgments
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Om Parkash Kumar Vs. the State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Mar-24-1972
Reported in: 1974CriLJ556
D.B. Lal, J.1. This is an appeal by Om Prakash Kumar, Sanitary Inspector, Cantonment Board, Kasauli against the judgment dated 30th January, 1971 of the Sessions Judge, Simla, whereby he has been convicted for the offence under Section 302, Indian Penal Code and has been sentenced to imprisonment for life. The prosecution case was that the accused Om Prakash Kumar was married to the deceased Janak Kumari in February, 1968. Thereafter on 22nd September, 1968 he got his posting as Sanitary Inspector in the Cantonment Board of Kasauli. In January, 1970 Janak Kumari had pregnancy of nearly full term. The accused took leave from 27th January, 1970 to 1st February, 1970, as he had taken his wife to his own village Kharwan. He fell sick there and the couple decided to return back to Kasauli where they reached on 3rd February, 1970.On 4th February, 1970 the accused found Janak Kumari suffering from cough and cold and he went to Dr. Bhatley who was in sub-charge of the Cantonment General Hospit...
Puran Chand Vs. Partap Chand
Court: Himachal Pradesh
Decided on: Mar-22-1972
Reported in: 1972CriLJ1609
ORDERD.B. Lal, J.1. These are six cases which have been reported for orders of the High Court under Section 438 of the Criminal Procedure Code. The six cases which have been registered as criminal revisions Nos. 30. 31. 32. 33. 34 and 35 of 1971 arise out of a single judgment dated 22nd July, 1971 made by the Additional Sessions Judge, Dharamsala. whereby he recommended that these revisions be accepted and the order dated 4th November. 1970 of the Chief Judicial Magistrate, Kangra. be quashed and permission be accorded to the Public Prosecutor to withdraw the criminal cases which have started against Puran Chand and others under Sections 7 and 16 of the Prevention of Food Adulteration Act. 1954. These cases have come to High Court with the following history which may be stated in brief.2. There is an institution known as 'Baghulo Co-operative Milk Supply Society. Jawalamukhi' and the accused Puran Chand and others are all salesmen. Sales-Manager, President and Vice-President to that so...
Harinderjit Singh Vs. the State of Himachal Pradesh and anr.
Court: Himachal Pradesh
Decided on: Mar-15-1972
Reported in: AIR1973HP19
D.B. Lal, C.J.1. This is a writ petition under Arts. 226 and 227 of theConstitution of India, by Harinderjit Singh Sekhon, a candidate, wherein he has called in question the decision of the Selection Board refusing his admission in the first year degree course of the M. B. B. S. in the Medical College of Simla. The petitioner passed his Matriculation examination from the Government High School, Kasauli. which, according to him. is a school located in the rural area. According to the conditions laid down in the prospectus of the said college, 12 seats were reserved for candidates who had passed their Matriculation or Higher Secondary Examination from schools located in the rural areas. A Selection Board was also constituted for scrutinising the applications and for making selection for admission in the college. The petitioner having found himself qualified for admission in the college, submitted an application on 12th August. 1971 and in that application he specifically indicated that h...
NaraIn Singh Vs. State of Himachal Pradesh and ors.
Court: Himachal Pradesh
Decided on: Mar-07-1972
Reported in: AIR1972HP139
ORDERChet Ram Thakur, J. 1. In this petition under Articles 226 and 227 of the Constitution of India, Shri Narain Singh challenges the validity of the order (Annexure D) of the Secretary, Panchayats, respondent No. 1, dated 26-8-1971, whereby the petitioner has been suspended from the office of the President. Gram Panchayat Salogra. The impugned order reads as under:--'Whereas an inquiry into the complaints filed by Smt. Bimla Devi wife of Shri Jagdish, resident of Salogra, Tehsil Solan, District Mahasu is contemplated against Shri Narain Singh, President, Gram Panchayat, Salogra; Now, therefore, the Government in terms of the provisions of S. 54 of the Himachal Pradesh Panchavati Rai Act, 1968, orders the suspension of the said Shri Narain Singh from the office of the President Gram Panchayat Salogra with immediate effect and further order that the Deputy Director of Panchayats, Himachal Pradesh will conduct the inquiry and furnish his report to the Government within 20 days. It is al...
Charan Dass Vs. Thakur Dass Mast Ram
Court: Himachal Pradesh
Decided on: Mar-06-1972
Reported in: AIR1973HP22
ORDERD.B. Lal, C.J.1. This revision petition has been preferred by the tenant under Section 15 (5) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter to be referred as the Rent Act of 1949), and has been directed against the decision of the appellate authority whereby he has allowed the landlords' petition for ejectment and has confirmed the order to the same effect passed by the Controller. M/s. Thakur Dass Mast Ram are the landlords and their case was that they became tenants from one Shri Prem Chand Kuthiala in Shop No. 34. Lower Bazar, Simla together with its 'than'. The landlords Sot permission in writing from Ehri Prem Chand Kuthiala to sub-let a portion of the shop including the 'thari' Accordingly, the landlords pleaded that they had sub-let the 'thari' to the petitioner-tenant Charan Dass on 16-11-1964 and a rent-note (Ex. A-1) was executed. According to landlords, the tenant Charan Dass did not pay the rent for the period between 1st March, 1967 and 30-9-1969 an...
Kalu Ram and anr. Vs. Madho Ram and anr.
Court: Himachal Pradesh
Decided on: Mar-06-1972
Reported in: AIR1973HP81
D.B. Lal, C.J. 1. These are two connected and consolidated regular second appeals, and can conveniently be disposed of by a single judgment. Both the suits related to the right of pre-emption claimed by the plaintiffs on the basis of their being co-sharers, along with the vendors. In both suits, the vendees are strangers to the family of the vendors. RSA No. 169/67 is directed against the decision of the District Judge, Hoshiarpur, whereby agreeing with the finding of the Senior Sub-Judge. Kangra. he has dismissed the suit of the plaintiffs Kalu Ram and three others and repelled their contention that the notification No. 4669 dated 6th March. 1917 (hereinafter to be referred as the notification of 1917) does not hold the field because of the amendment of Section 15 of the Punjab Preemption Act 1913 (hereinafter to be referred as the Act of 1913) by the Punjab Pre-emption (Amendment) Act. 1960 (hereinafter to be referred as the Amendment Act of 1960). The plaintiffs in thatsuit claimed ...
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