Himachal Pradesh Court July 1972 Judgments
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Brij Lal Vs. Bakshi Ram and ors.
Court: Himachal Pradesh
Decided on: Jul-28-1972
Reported in: AIR1973HP4
Chet Ram Thakur, J. 1. This Letters Patent Appeal is directed against the judgment and decree, dated July 8, 1969. passed by a learned Single Judge of the Delhi High Court, Himachal Bench, Simla, whereby the appeal of the defendant was dismissed and the order of the District Judge reversing the judgment and decree of the trial Court dismissing the suit was affirmed.2. The facts relevant for the decision of this case may be stated as under-Sunder a resident of Amner village in Tehsil Hamirpur died on 24th January, 1964. On his death Sarvshri Bakshi Ram, Ganga Ram and Chandu Bam filed a suit for possession of 1th portion of land which had been gifted by Sunder in favour of Brij Lal in the year 1949. The present plaintiffs who alleged themselves to be the collaterals of Sunder had filed an usual declaratory suit in 1950 that the gift of the land made by Sunder shall not be binding as against their reversionary rights as the land was ancestral and Sunder had no right under custom to aliena...
Salig Ram Vs. State
Court: Himachal Pradesh
Decided on: Jul-27-1972
Reported in: 1973CriLJ1030
Chet Ram Thakur, J.1. Saligram has preferred this appeal against his conviction under Sections 409 and 466, I. P. Code and sentence of six months' rigorous imprisonment and a fine of Rs. 100/- under each count passed by the Additional Sessions Judge, Kangra at Dharamsala on 31st December, 1970.2. The appellant was employed as a Postman in the Post Office, Nurpur during the months of March and April, 1967. Ram Lai (P.W.) was the Postal Clerk and Ram Parkash (P.W.) was the Postmaster of that Post Office. One money order for Rs. 40/-was booked from Subathu Post Office on 21st March, 1967 by Prem Singh Pathania (P.W.) payable to his son Rajeshwar Singh (P.W.) at Nurpur. The said money order was received in the Nurpur Post Office on 23rd March, 1967. Necessary entries in the register known as 'M.O.-3' were made by Ram Parkash Clerk (P.W.). Thereafter he gave the amount with the money order to the accused for disbursement to Rajeshwar Singh who was then a student in the Government Higher Sec...
Paras Ram Vs. the State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Jul-25-1972
Reported in: 1973CriLJ428
Chet Ram Thakur, J.1. This is an appeal by Paras Ram. son of Mangal Ram, aged 30 years, resident of village Manakpur, against his conviction under Section 302 and sentence of imprisonment for life, passed by the Sessions Judge, Simla, on 6th January, 1971 for having caused the murder of his wife, Sito, aged 22 years on the 21st May, 1970 at 10 A.M. at his house in village Manakpur. Tehsil Nalagarh.2. The facts as have appeared In the evidence are briefly as under:On 21st May, 1970, at about 10 A.M. Gian Chand and Nanak were returning to their houses along with their cattle from Manakpur Khud Jeonu was with Nanak. The houses of Nanak and Gian Chand are near the house of the accused. When these three persons were near the house of the accused they heard the cries, 'Mar Diya Mar Diya; Bachao Bachao' from the house of the accused. Gian Chand went into the house of the accused. He was followed by Nanak Chand and Jeonu. They saw the accused giving Kirpan blows to his wife, Sito who was shout...
Kalam Dass Vs. Chief Electoral Officer and ors.
Court: Himachal Pradesh
Decided on: Jul-14-1972
Reported in: AIR1972HP131
ORDERD.B. Lal, J. 1. The petitioner Kalam Dass was employed in the office of the Director of Welfare Department in the year 1958. Thereafter he was promoted and appointed as Teacher in the Tibetian Refugees Camp Kasumpti. While the petitioner was working as teacher in that camp he applied for the post of Election Kanungo. He was selected and was given a letter of appointment, dated 31st July 1965. He was appointed as a temporary hand and his services were likely to be terminated after giving one month's notice without assigning any reason. It was, however, mentioned, that he would be considered against a permanent post whenever such post was available, subject to his satisfactory work and conduct. The petitioner continued to serve as Election Kanungo up-till 10th December, 1971, when the impugned order was passed reverting him to the Welfare Department, as his services were no longer required by the Election Department.2. The petitioner contends that under Rule 8 of the Himachal Prades...
Gram Panchayat and anr. Vs. State and ors.
Court: Himachal Pradesh
Decided on: Jul-11-1972
Reported in: AIR1973HP7
ORDERD.B. Lal, J.1. These are three connected writ petitions in which the petitioners claim to be the owners of minor minerals namely sand, stones and bajri. which are found underneath the lands belonging to them and described in the three petitions. They have called in question the directions of the State of Himachal Pradesh and the Director of Industries which are two of the respondents, whereby the said minor minerals are being put to auctions under separate notifications and the petitioners pray that the said directions regarding auctions be set aside and that the respondents should not interfere with the petitioners right to extract these minor minerals from these lands.2. C. W. P. No. 76 of 1971 pertains to village Sura.ipur. C. W. P. No. 77 of 1971 pertains to village Sirath and C. W. P. No. 78 of 1971 pertains to village Mohtli, all in Tehsil Nurpur, District Kangra.3. The petitioners who are the owners of the disputed lands contend that sand stones and Bajri have been excluded...
Karam Chand Mohan Singh Vs. Basheshwar Nath and Co.
Court: Himachal Pradesh
Decided on: Jul-07-1972
Reported in: AIR1973HP9
R.S. Pathak, C.J.1. This is a revision application under Section 25 of the Provincial Small Cause Courts Act2. An ex parte decree was passed against the applicant on May 3, 1970. On June 8, 1970. the applicant applied for setting aside the ex parte decree and an application was also made for permission to file security in lieu of the actual decretal amount. Along with the application a surety bond for Rs. 2,000/- was also filed. It is not disputed that the amount of the surety bond more than covers the decretal amount. The learned Judge. Small Causes has dismissed the application for setting aside the ex parte decree on the ground that before furnishing the security in lieu of the decretal amount the applicant should previously have obtained an order from the Court permitting him to do so. The application for permission to furnish the security has also been dismissed.3. It is contended by learned counsel for the applicant that the court below has erred in law in rejecting the applicati...
State Vs. Om Parkash Etc.
Court: Himachal Pradesh
Decided on: Jul-07-1972
Reported in: 1973CriLJ824
ORDERChet Ram Thakur, J.1. This is a revision petition filed by the State against the order. dated 31.5.1972. passed by the Special Judge. Mandi granting anticipatory bail to Sarvshri Puran Chand and Dr. Om Parkash respondents.2. The respondents had surrendered themselves on 2.5.1971 before the Special Judge, Mandi and they had contended before him that a case under Sections 420, 467. 468. 471 and 120-B of the Indian Penal Code and Section 5(d) of the Prevention of Corruption Act had been registered against them and that the police was likely to arrest them at any moment and that the warrants to secure their arrest had also been obtained by the police. The learned Special Judge granted interim bail to the applicant-respondentsand issued notice to the State and the case was ultimately heard by Shri A.H. Bhoil, successor of Shri Ram Pal Singh, who has since been transferred from Mandi to Dhara-msala. Before the. learned Special Judge, it was contended that the petitioners were Government...
Manohar Lal Saini Vs. Municipal Corporation
Court: Himachal Pradesh
Decided on: Jul-04-1972
Reported in: AIR1973HP11
ORDERR.S. Pathak, C.J.1. The petitioner, Shri Mano-har Lal Saini, is aggrieved by an order of the Deputy Commissioner, Simla, dismissing his appeal against an order of the Executive Officer, Municipal Corporation. Simla, and he applies for relief under Art 226 of the Constitution.2. It appears that a notice was served by the petitioner on the Municipal Corporation of his intention to erect some flats near Earls Field, Jakku. Simla. Sanction was refused by the Executive Officer by Ms order of August 28. 1971. The petitioner appealed against that order to the Deputy Commissioner, Simla, and the Deputy Commissioner dismissed the appeal on January 19. 1972. One of the contentions raised by the petitioner before the Deputy Commissioner was that as the order refusing to sanction the con-structipn was communicated to him more than sixty days after the receipt of his notice by the Municipal Corporation, he was entitled to the benefit of Section 204 (5) of the Himachal Pradesh Municipal Act, 19...
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