Himachal Pradesh Court December 1973 Judgments

Bhupinder Kumar Vs. the State of Himachal Pradesh and ors.

Court: Himachal Pradesh

Reported in: 1974CriLJ1195

R.S. Pathak, C.J.1. This is a petition under Article 226 of the Constitution read with Section 491 of the Code of Criminal Procedure. The petitioner prays for a writ in the nature of habeas corpus.2. By our order dated December 28, 1973 we directed that the petitioner be set at liberty and that the reasons for the order would follow. Those reasons are now set out.3. The petitioner is an Advocate practising at Nahan. A warrant was issued for his detention, under Section 3 (2) read with Section 3 (1) of the Maintenance of Internal Security Act. The petitioner was thereupon arrested and detained. He challenges the validity of his detention.4. It is apparent from the material on the record that the petitioner has been detained on the ground that he is likely to act in a manner prejudicial to the security of the State and the maintenance of public order. It is contended on behalf of the petitioner that the grounds of detention suffer from several defects, any one of which is sufficient to i...

State of Himachal Pradesh Vs. Gautam Dass

Court: Himachal Pradesh

Reported in: 1974CriLJ1101

ORDERD.B. Lal, J.1. This Rule in revision has been obtained by the State against the order dated 23-3-1973 of Shri N.S. Shandil, Additional Sessions Judge, Nurpur, whereby he has dropped a charge under Section 302 and in its place has substituted a charge under Section 304 of the I. P. C.2. Facts giving rise to the prosecution case are, that the deceased Baderi Dass was the land-owner and had given permission to one Baij Nath to cut grass from his land. On 15-3-1972, accordingly, Baij Nath was cutting the grass, but the accused Gautam Das appeared and forced entry upon the land. He started cutting some vegetable crop growing thereon. Upon that, Pushpa Devi and Chand Rani who are the daughters of Baderi Dass, objected but the accused Gautam Dass started abusing them. The two ladies sent for Baderi Dass (deceased) who came along with one Subhash a relation of his. The accused Gautam Dass flew into a rage and addressed Baderi Dass and others by saving that whoever would enter the field wo...

Dr. Chura Mani Vs. State of Himachal Pradesh and ors.

Court: Himachal Pradesh

ORDERD.B. Lal, J. 1. This writ petition under Articles 226 and 227 of the Constitution of India is filed by Dr. Chura Mani, wherein he has asked for the quashing of a Notification issued under Section 6 of the Land Acquisition Act (hereinafter to be referred as the Act), in respect of acquisition of land comprising of village Mangwal, within which falls the land of petitioner, for the public purpose of the construction of Pong Dam on the river Bias. The petitioner's case is, that the Notification under Section 4 (1) of the Act was published on 1-4-1963 (Annexure P-A), for this acquisition of land. Thereafter, according to the petitioner, objections were not invited under Section 5-A and after a lapse of sufficient time, on 17-1-1969, the impugned Notification under Section 6 was made which was published in the Rajpatra on 18-10-1969 (Annexure P-B). Neither a notice under Section 9 was issued nor award was announced. Despite this, the authorities proposed to store water inundating the l...

Krishan Lal Vs. Beant Singh

Court: Himachal Pradesh

Reported in: AIR1974HP52

Chet Ram Thakur, J.1. During the pendency of the regular first appeal No 22/1967, Krishan Lal v. Beant Singh, the respondent died on 23-8-1969 in the P. G. I. at Chandigarh. The appellant did not take any steps to bring on record the legal representatives of Shri Beant Singh deceased, and, therefore, on 8-12-1972 Amrit Singh one of the sons and the legal representatives of the deceased respondent filed an application under Order 22, Rule 4 (3) read with Rule 11 and Section 151, Civil Procedure Code for dismissing the appeal as having been abated. On this application a notice was issued to the appellant for 7-5-1973.2. The appellant, therefore, filed the application purporting to be under Order 22, Rule 4 read with Section 151. Civil Procedure Code for bringing on record the legal representatives of Shri Beant Singh respondent It was averred in this application that Shri Beant Singh expired in Chandigarh hospital on 23-8-1969 during the pendency of the appeal leaving, behind his widow, ...