Himachal Pradesh Court May 1972 Judgments
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Nagnoo and ors. Vs. Gian Chand and ors.
Court: Himachal Pradesh
Decided on: May-23-1972
Reported in: AIR1972HP101
Chet Ram Thakur, J.1. This appeal is directed against the judgment and decree of the District Judge, Mandi, dated 23rd February, 1968, whereby the judgment and decree passed by the Senior Sub-Judge, Mandi was reversed and the suit of the plaintiffs was dismissed.2. The relevant facts for the purposes of this appeal are:--One Mehar Chand on the basis of a document Exhibit DK/1 obtained a decree for Rs. 150/- with costs on 3-5-1953 from the Court of Sub Judge, Sunder Nagar, against Bhawania Chugthu and Jeonu. The judgment-debtors failed to make payment of the decretal amount, hence the decree-holder in execution of the decree got 6 biswas of land out of khasra No. 3869/1731 measuring 2 bighas 7 biswas situate in Muhal. Sunder Nagar. attached and auctioned. The property was purchased in the court-auction by the decree-holder himself. He sold this land to Gian Chand for Rs. 200/-.3. The present plaintiffs are the sons of Bhawania, one of the judgment-debtors in the previous suit and also o...
State Vs. Amar Singh and ors.
Court: Himachal Pradesh
Decided on: May-23-1972
Reported in: 1972CriLJ1578
ORDERChet Ram Thakur, J.1. This is a petition under Section 561-A of the Code of Criminal Procedure by Shri J. C. Thapar for ex-function of remarks passed against him in cases Nos. 105/2 and 106/2 of 1970 decided on 12-11-1970 by the Chief Judicial Magistrate while discharging the accused. Amar Singh, who had been challaned under Section 409 of the Indian Penal Code.2. The petitioner was working as Block Development and Panchavat Officer. Baiinath at the time when these embezzlements are stated to have been committed by Amar Singh accused for which he had been challaned. The brief facts giving rise to the case against Amar Singh are that he was the President of the Gram Panchavat Chuk. Tehsil Palampur. in the years 1961 to 1963. The accused is alleged to have drawn Rs. 300/-for the construction of a Danga from the Block Development and Panchavat Officer (petitioner). Baiinath, by wav of Government grant; an amount of Rs. 350/-which was collected by Shri Inder Singh member of Gram Panch...
Roshan Lal Kuthiala Vs. Radha Krishna Kuthalia and ors.
Court: Himachal Pradesh
Decided on: May-22-1972
Reported in: AIR1972HP137
R.S. Pathak, C.J. 1. This is an appeal purporting to be under Section 39 of the Arbitration Act read with Clause 10 of the Letters Patent and also S. 10 of the Delhi High Court Act.2. In 1960, the appellant and the respondents Nos. 1 to 6 entered into an agreement with the Himachal Pradesh. Government to take on lease certain forests. The agreement provided for arbitration in the event of a dispute or difference between the parties. A dispute did arise, and it was referred to an Arbitrator, Shri H. S. Pathania. Both the parties appeared before the Arbitrator and participated in the arbitration proceedings. On December 20, 1970, the Arbitrator made an award in favour of the lessees. It seems that on December 22. 1970 the Arbitrator personally appeared before the High Court and filed his award. On the same date, copies of the award were given to the lessees aswell as to counsel for the Union of India, who was representing the interests of the Himachal Pradesh Government.3. On January 8, ...
Lachhman and anr. Vs. State
Court: Himachal Pradesh
Decided on: May-19-1972
Reported in: 1973CriLJ1658
Chet Ram Thakur, J.1. The appellants have been convicted under Section 376 of the Indian Penal Code and sentenced to five years' rigorous imprisonment and a fine of Rs. 250/- each. In default of payment of fine the accused have been sentenced to undergo further six months rigorous imprisonment.2. The admitted facts are that Lachhman Singh, aged 55/56 years, is employed as a peon in the Engineering College at Chandigarh and Surjan Singh Is a Store-keeper in that College, whereas Ram Lai (P. W. 3) the father of Shakuntla prosecutrix (P. W. 1) is a washerman in the same college. Smt. Shafcuntla (P. W. 1) was suffering from some abdominal trouble and Lachhman Singh accused who also lived in a quarter adjoining to the quarter of the father of the prosecutrix had been treating her for the disease by 'Jhar Phunk i.e. exorcism, witchcraft Lachhman Singh was alleged to have been practising. As Lachhman Singh was an elderly man as also a neighbour, therefore, the mother of Shakuntla used to addr...
The Municipal Committee Vs. the Union of India (Uoi) and ors.
Court: Himachal Pradesh
Decided on: May-12-1972
Reported in: AIR1972HP105
ORDERR.S. Pathak, C.J. 1. The petitioner is a Municipal Committee constituted under Section 10 of the Himachal Pradesh Municipal Act, 1968. Sri Pyare Lal is the President. The fourth respondent, Shri. Durga Singh Thakur, is one of the members of the Committee. By a letter dated December 29, 1969, addressed to the Deputy Commissioner, Mahasu District, Kasumpti, the fourth respondent submitted his resignation from the membership of the committee. The ground tar his resignation Was the decision of the Government turning down the vote of no confidence in the President. He stated that in case the Government was prepared to review its decision. he would withdraw his resignation. However, on March 17, 1970, even without any response from the Government the fourth respondent wrote to the Deputy Commissioner withdrawing his resignation. The Committee, on coming to know of that communication, wrote to the Deputy Commissioner that the notice of withdrawal was barred by time inasmuch as it had not...
The State Vs. Lobsang Sharap
Court: Himachal Pradesh
Decided on: May-12-1972
Reported in: 1973CriLJ85
D.B. Lal, J.1. This is an appeal by the State against the judgment dated 24th October 1970 of the Sessions Judge Kangra, acquitting the accused Lobsang Sharap (60 years) of the charges under Sections 302 and 309 of the Indian Penal Code for committing the murder of one Lobsang Zimba (35 years) on 20th June, 1968 and thereafter attempting to commit suicide by inflicting injuries on his person.2. The prosecution case was that both the accused and the deceased as well as many others were Tibetans and were occupying a building known as 'Alamanzil,' Dalhousie their resting house as they were patients of tuberculosis. The accused Lobsang Sharap was deputed to distribute ration to his fellow Tibetans. The deceased Lobsang Zimba from sometime before 20th June, 1968 was in the service of some tourists who had arrived in Dalhousie and everyday in the evening he used to take for a stroll a young child of one of the tourists. The deceased used to be accompanied by a fellow-Tibetan child (6 years) ...
The State Vs. Lal Din
Court: Himachal Pradesh
Decided on: May-12-1972
Reported in: 1973CriLJ829
R.S. Pathak, C.J.1. The accused, Lal Din, was charged with the murder of his wife and three children on the night between February 26 and 27, 1969. The learned Additional Sessions Judge. Kangra, who tried the accused, has acquitted him. The State appeals.2. The facts may be set out briefly. The accused lived with his wife. Nurbibi, aged about 35 years and his sons Basheer, Nazir and Sharif, aged 15, 10 and 5 years respectively. It appears that on the morning of February 27, 1969, Fakir Mohammad P.W. 8, a brother of the accused, came to his house to enquire about his health. He found the accused sitting in the verandah by the side of the hearth where a fire was burning. The door of the room of the house was open, and Fakir Mohammad saw two children of the accused dead. Upon enquiry, the accused told him that he had put an end to his entire family. The cries of Fakir Mohammad attracted Alia Bux, maternal uncle of the accused, his wife Mogdi, Chhemo P.W. 5, son-in-law of Alia Bux, and Chh...
Punjab State Vs. Joginder Nath
Court: Himachal Pradesh
Decided on: May-03-1972
Reported in: AIR1972HP108
ORDERR.S. Pathak, C.J. 1. This is a reference made by the learned Additional District Judge, Kangra at Dharamsala under Section 93 (2) of the Punjab Reorganization Act, 1966.2. The respondent Joginder Nath filed a suit before the Senior Sub-Judge. Kangra at Dharamsala challenging the validity of an order reverting him from the post of Head Clerk in the office of the Executive Engineer, Kangra Public Health Division, to the post of Accounts Clerk in that office. The suit was decreed by the trial court on September 12, 1966. Thereafter, on October 27, 1966, the State of Punjab preferred an appeal against the decree in the court of the learned District Judge. Hoshiarpur. On November 1, 1966, the State of Punjab was re-organized under the Punjab Reorganization Act, 1966 and the territory comprised in the District of Kangra was, under Section 5 (1) of that Act, added to the Union Territory of Himachal Pradesh. The appeal which was pending in the court of the learned District Judge, Hoshiarp...
Mir Chand Vs. H.P. University
Court: Himachal Pradesh
Decided on: May-02-1972
Reported in: AIR1972HP109
R.S. Pathak, C.J. 1. The petitioner has applied for relief under Article 226 of the Constitution against disciplinary procreedings resulting in an order disqualifying him from appearing at the Himachal Pradesh University examinations for three years.2. The petitioner Is a student of the Government Degree College, Kulu. He appeared in the B. A. Part-I examination with English, Economics, Political Science and Hindi as his subjects. While taking the paper of Political Science on May 7, 1971. he is said to have been found with a piece of paper in his hand. Shri Jiwa Nand Jiwan. an Invigilator in the examination hall, required him to hand over the paper but the petitioner tore it into two pieces and the Invigilator was compelled to snatch the pieces from his hand. He was alleged to have pushed the Invigilator and to have attempted to recover the pieces of paper back. On June 21, 1971, a charge-sheet containing four charges based on those allegations was issued to him and he was called upon...
Sobha Ram and ors. Vs. Bahadur Singh and ors.
Court: Himachal Pradesh
Decided on: May-01-1972
Reported in: AIR1973HP44
ORDERChet Ram Thakur, J.1. Sobha Ram and another had filed an appeal against the judgment and decree, dated 24-10-1969. passed by the District Judge, Sirmur at Nahan. dismissing the appeal of Sobha Ram against the judgment and decree of the Senior Sub Judge, Nahan. decreeing the suit of Bahadur Singh for possession of the suit land through pra-emption.2. Bahadur Singh plaintiff-respondent died during the pendency of this second appeal and according to the appellants he had no legal representative excepting Ohetu respondent No. 2, vendor, and as such the appeal must now be accepted as the suit had become in-fructuous. inasmuch as the appeal is also in continuation of the suit and the suit be dismissed.3. Sunder Singh son of Chuhar Singh filed a reply to this application opposing the same on the ground that the deceased had transferred through aregistered gift deed, dated 14-8-1969 his night, title and interest in. the land measuring 12 bighas 10 biswas including the land in dispute in t...
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