Himachal Pradesh Court March 1973 Judgments
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Pepsu Road Transport Corporation Vs. Puran Chand and ors.
Court: Himachal Pradesh
Decided on: Mar-29-1973
Reported in: AIR1974HP24
R.S. Pathak, C.J.1. The Pepsu Road Transport Corporation appeals against an award of the Claims Tribunal, Simla under Section 110-B of the Motor Vehicles Act, 1939.2. On July 15, 1965 the responpondent Puran Chand Gupta was travelling in bus No. PNU 5962 owned by the Punjab Roadways from Solan to Kalka. When the bus reached near Nagli, about 3 miles from Solan towards Kalka, a bus No. PNT 5836 owned by the appellant Corporation came from the opposite direction and collided with the Punjab Roadways bus. As a result of the collision Puran Chand sustained head injuries. The driver of the Corporation bus was prosecuted for rash and negligent driving but was ultimately acquitted.3. On October 21, 1965 Puran Chand filed an application against the Roadways and the Corporation claiming compensation in the sum of Rs. 15,000/-. The claim was contested by the Roadways and the Corporation. The Roadways pleaded that the accident took place due to the negligence of the driver of the Corporation bus....
Shri Bhagwant Vs. Smt. Shyam Devi
Court: Himachal Pradesh
Decided on: Mar-29-1973
Reported in: 1973CriLJ1525
Chet Ram Thakur, J.1. This is a petition under Article 227 of the Constitution of India read with Section 561-A of the Code of Criminal Procedure with a prayer that the order and judgment of the learned District Magistrate, Kinnaur District at Kalpa, dated the 31st July, 1972, be quashed.2. The present respondent had filed a petition under Section 488 of the Code of Criminal Procedure before the Nyaya Panchayat Kalpa on 31st December, 1970 fou maintenance to herself from the present petitioner in this Court on the allegations that according to the custom prevailing in their JJaqa she was a legally married wife of the petitioner and that he had cohabited with her on that right and as a result of that she also conceived a child. When the petitioner saw that the respondent had conceived he tried to get rid of her and somehow or other turned her away from his house on 24th December, 1970. It was on that ground that she laid the petition under Section 488 of the Code of Criminal Procedure b...
Hiralal Vs. Jogeshwar Ram
Court: Himachal Pradesh
Decided on: Mar-20-1973
Reported in: 1973CriLJ1375
ORDERD.B. Lal, J.1. This is a reference made to High Court under Section 438 of the Criminal Procedure Code and arises out of the order made in revision by the learned Additional Sessions Judge, Dharamsala, in a case under Section 133, Criminal Procedure Code instituted before the S. D. M. Palampur as a result to a complaint submitted by Jogeshwar Ram for a mango tree which is standing near his house and of which the branches extend upto his roof and is likely to endanger the security of his house in case it falls, clue to the action of wind or rough weather. The complaint of Jogeshwar Ram was that the tree belonged to Hira Lai and is at a distance of about 10 to 12 yards away from his house. Some two years ago a branch of this tree fell and damaged the roof of the complainant. According to him, the roots of the tree have got exposed and it is likely to fall any time on his house and thereby cause damage to his life and property. The S. D. M. Palampur, after receiving the complaint, go...
Madhu Kumar Vs. Himachal Pradesh University
Court: Himachal Pradesh
Decided on: Mar-13-1973
Reported in: AIR1973HP94
R.S. Pathak, C.J.1. The petitioner prays for relief under Article 226 of the Constitution against an order of the Himachal Pradesh University disqualifying him from appearing at any University examination for two years.2. The petitioner appeared at the Pre-Medical examination for the year 1971 conducted by the Hirnachal Pradesh University. On April 28. 1971 he sat for paper A in Biology. According to the petitioner he completed the paper and handed over the answer book to the supervisory staff in the examination hall. The case of the respondents is that the petitioner took the answer book away with him and destroyed it leaving merely the title page in his possession. It is said that he was summoned to the College office and his father, Shri Kripal Datta Bhagra. was also sent for. It is alleged by the respondents thai; the petitioner made a statement in the office before the College Principal and the Supervisory staff admitting that he had destroyed the answer book and that only the tit...
Smt Santosh Kumari and ors. Vs. State
Court: Himachal Pradesh
Decided on: Mar-13-1973
Reported in: 1973CriLJ1651
ORDERD.B. Lal, J.1. I have read the judgment of my brother and I am in full agreement with him that the prosecution has not succeeded, beyond the realm of a reasonable doubt, to bring home the offence under Section 302,1. P. Code, against the two accused. The sheet-anchor of the prosecution was the statement of Munshi Ram (PW), particularly the extra-judicial confession made by the accused Ram Swarup to him on 3rd February. 1970 at New Delhi. For this there was a clear discrepancy in the dates and in all probability the witness Munshi Ram could not have been present at Delhi on 3rd February. 1970. .according to the statement of the investigating officer Mani Ram. Foil reasons stated by my learned brother., Munshi Ram (PW) was not even a dependable witness. In the circumstances, the evidence regarding extra-judicial confession before Munshi Ram could not be relied upon.2. An unambiguous confession, if admissible in evidence and free from suspicion suggesting its falsity, is no doubt a v...
Hari Ram and anr. Vs. Harbans Singh and ors.
Court: Himachal Pradesh
Decided on: Mar-06-1973
Reported in: AIR1973HP71
D.B. Lal, J.1. This second appeal has been brought by the plaintiffs Hari Ram and Ram Kishan from the decision dated 9th March, 1970 of the Additional District Judge. Kangra. wherein, agreeing with the decision of the Sub-Judge, Kangra, he has dismissed their suit for recovery of possession over 114 Kanals and 13 Marias of land situate in Tika Ghatota of Tehsil Nurpur.2. According to plaintiffs, the disputed land originally belonged to one Bihari Rajput of Tehsil Nurpur. He died, leaving his widow Banti who gifted the disputed land under two deeds of gift dated 5-10-1938 and 25-11-1938 in favour of her only daughter Kaushalya. After the death of Kaushalya in 1940, her husband Harbans Singh got possession over hie land and the mutation No. 125 was made in his favour in the revenue papers. In the year 1943 Hari Ram and Ram Kishan. present plaintiffs, filed a suit before the Sub-Judge. Kangra, for a declaration that they were reversioners of Banti who was a limited owner and would be enti...
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