Himachal Pradesh Court May 1974 Judgments

Mangat Ram Chauhan Vs. the State of Himachal Pradesh and ors.

Court: Himachal Pradesh

Reported in: AIR1974HP46

ORDERR.S. Pathak, C.J.1. The petitioner purchased forest trees standing in lot No. 6/64-65 in the Mashobra Range of Simla Forest Division. On the said purchase he was liable to pay Rs. 1,43,000/- to the Government. It seems that the petitioner was not able to pay the entire amount immediately, and, therefore, the Forest Department appropriated timber of the value of Rs. 40,106.88 against the liability. The remaining timber was not released by the Department for disposal by the petitioner. The Forest Department put the remaining timber to auction, and it fetched a sum of Rs. 5,500/- only. The petitioner requested the Divisional Forest Officer to permit him to pay Rs. 5,500/- and to release the timber in his favour. But the Forest Department directed that the timber be re-auctioned, and the re-auction held in May, 1968 yielded Rs. 8,340/-, The petitioner says that by this time against the total timber now appropriated by it against the petitioner's liability the Forest Department adjuste...

Ajit Singh Vs. State of Himachal Pradesh

Court: Himachal Pradesh

Reported in: 1975CriLJ77

ORDERR.S. Pathak, C.J.1. This revision petition has been filed by Ajit Singh against the judgment and order of Shri T. R. Handa, Sessions Judge, Simla, Kinnaur and Bilaspur, upholding his conviction by the Sub-Divisional Magistrate, Rampur under Section 279 of the Indian Penal Code and sentencing him to a fine of Rs. 500/- or in default to simple imprisonment for three months.2. The petitioner is a driver employed in the Indo-Tibetan Border Police, 3rd Battalion, Sarahan, On February 11, 1972 lie was driving a jeep No. MPH-879 on the Hindustan Tibet Road. At about 1 p.m. he was proceediug from the P.W.D. Rest House side towards Gharat Nala. Four minor girls were walking along the same road in the opposite direction. When the jeep reached the place of occurrence, three of the four girls moved aside towards their left hand side of the road, but the fourth, Basanli, moved to the right hand side of the road towards the jeep and the jeep struck her causing her serious head injuries. The jee...

Surat Ram and ors. Vs. State of Himachal Pradesh

Court: Himachal Pradesh

ORDERR.S. Pathak, J. 1. The petitioners are members of the Gram Sabha, Mandhol, Tehsil Jubbal formerly in the district of Mahasu and now in the district of Simla. The Gram Panchayat, Mandhol was established in 1954, The petitioners say that the inhabitants of the area constitute a compact community with common interests expressed in social gatherings, common fairs and a common deity. It is also alleged that they have common grazing rights and lands within the local limits of the Gram Panchayat.2. In Civil Writ Petition No. 93 of 1972 the petitioners plead that because they constituted a compact community there should be no division of the community by the splitting up of the Gram Sabha into independent Gram Sabhas. It was apparently apprehended that the State Government was proceeding to do so. The inhabitants of the Sabha area represented against that move of the Government, but apparently to no avail. The Government replaced the existing Gram Sabha by three new Gram Sabhas, those of ...

Krishan Bans Bhadur and anr. Vs. the State of Himachal Pradesh

Court: Himachal Pradesh

Reported in: 1975CriLJ620

ORDERR.S. Pathak, C.J.1. This petition under Section 561-A of the Code of Criminal Procedure prays for the quashing of proceedings for the trial of the petitioners under Section 174 of the Indian Penal Code.2. An order was issued under Section 160 of the Code of Criminal Procedure requiring the petitioners to present themselves at Police Station Chhota Simla, District Simla,, on October 1. 1973 in connection with 'the investigation of a case. The order was served on them at New Delhi on September 28. 1973. The petitioners were unable to attend at the Police Station in compliance with the order. Consequently a challan was entered by the Assistant Public Prosecutor in the Court of the Chief Judicial Magistrate. Simla, against tine petitioners in respect of an offence under Section 174 of 'the Indian Penal Code. Summons were issued to the petitioners and the case against them is pending before the said Chief Judicial Magistrate. The petitioners assail the validity of those proceedings.3. ...

Om Prakash and anr. Vs. the Board of Schools Education for H.P. and or ...

Court: Himachal Pradesh

R.S. Pathak, C.J. 1. The petitioner carries on business as a publisher of books under the name and style, Radhakrishan Prakashan, at Delhi. He is aggrieved by the refusal of the Himachal Pradesh Board of School Education to approve the text book submitted by him for publication and use in Himachal Pradesh schools.2. Up to the year 1968. educational institutions in Himachal Pradesh holding the matriculation and higher secondary school examinations were affiliated to the Punjab University, Chandigarh, and the curriculum and studies for those examinations were controlled by thatUniversity. It was felt that the educational programmes formulated by that University did not accord with the needs of schools in Himachal Pradesh. Accordingly, the Himachal Pradesh Board of School Education Act, 1968 (hereinafter referred to as 'the Act') was enacted. It was designed to provide an organisation which would undertake the systematic planning and growth of education in Himachal Pradesh. Section 3 of t...

Ashok Chander and ors. Vs. C.P. Bansal and ors.

Court: Himachal Pradesh

Reported in: AIR1974HP48

ORDERD.B. Lal, J.1. Ashok Chandra, Smt. Savitri Devi and Jagdish Chandra filed a suit in this Court for dissolution of partnership and rendition of accounts. The defendants were Sarvshri O. P. Bansal, Suresh Bansal and Smt. Hira Sundri. On June 20, 1973 a compromise was arrived at between the parties. The decree was passed in terms of the compromise and the deed itself was made a part of the decree. The compromise deed provided inter alia the following conditions :--'1 (b) Shri O. P. Bansal and Shri Suresh Bansal further gave an undertaking to the Hon'ble High Court, not to sale, mortgage or encumber in any manner their property mentioned below until the defendants have paid in full the said sum of Rs. 1,50,000/- (Rupees one lakh and fifty thousand) only as mentioned above. The plaintiffs shall have the first charge at their option on the undermentioned property.'One single storeyed Building in Bansal Estate, bearing Municipal No. III/76 with two bighas of vacant land going towards Jaw...

Jamna Dass Vs. Smt. Sahiboo

Court: Himachal Pradesh

R.S. Pathak, C.J. 1. This is an appeal directed against the order of Shri T.R. Handa, District Judge, Simla Division, directing the appellant to pay Rs. 100/-to the respondent towards her litigation expenses and Rs. 50/- per month as maintenance with effect from November 1, 1973.2. The respondent's wife has filed a petition under Section 10 of the Hindu Marriage Act against the appellant husband praying for a decree for judicialseparation. It appears that during the pendency of the petition the wife applied under Section 24 of the Act for payment of a sum of money for meeting litigation expenses and as maintenance allowance during the pendency of her petition. The application made under Section 24 was opposed by the husband. The learned District Judge called for affidavits from the parties for determining whether relief should be granted to the wife. He found that the affidavits were vague, and therefore he called for particulars from the parties in respect of the property owned by the...