Himachal Pradesh Court September 1974 Judgments

Hari Krishan Vs. Shri Narotam Dutt Shastri

Court: Himachal Pradesh

Reported in: 1975CriLJ1359

R.S. Pathak, C.J.1. By this miscellaneous petition the respondent, Shri Narotam Datt Shastri, contends that the Advocate General of this State has acted without authority in the present criminal contempt petition by examining the petitioner's witnesses and cross-examining the respondent's witnesses, and he claims that therefore the said proceedings should be struck off the record.2. On September 26, 1973, Shri Hari Krishan filed the present criminal contempt petition against the respondent alleging that in a speech delivered by the latter on August 8, 1973 at Bilaspur the respondent made certain derogatory observations in respect of a learned Judge of this Court and that, therefore, he should be punished for committing criminal contempt of this Court. By an endorsement of the same date made on the petition, it is apparent that the Advocate General accorded his consent to the institution of the petition. It may be mentioned that while the petition is signed by Shri Hari Krishan, it has ...

Bal Krishan Vaid Vs. the State of Himachal Pradesh and ors.

Court: Himachal Pradesh

B.S. Pathak. C.J. 1. By this writ petition, the petitioner prays for the quashing of an order dated June 20/27, 1974 made by the Himachal Pradesh Government terminating a quarrying contract in his favour.2. The Central Government has undertaken the construction of a hydel project known as the Baira Siul Hydel Project. The material required In theconstruction work includes sand, stone and bajri, and for that purpose the material is drawn from the adjoining bed of the river Siul. It appears that for the year 1973-74 the Project entered into an agreement directly with the Himachal Pradesh Government entitling it to extract and remove the material required for the construction work. In January 1974 the Industries Department of the Himachal Pradesh Government decided to auction the readies of the river bed to private contractors. A public auction was held on February 19, 1974. The reach between Kella and Hathni was auctioned to the petitioner for Rs. 27,300/- and the reach between Hathni an...

M.L. Ahuja and ors. Vs. the State of Himachal Pradesh

Court: Himachal Pradesh

Reported in: 1975CriLJ330

D. B. Lal, J.1. This is an application presumably under Section 561-A of the Code of Criminal Procedure and has been preferred by three doctors of Ripon Hospital, Simla, namely Dr. M. L. Ahuja, Radiologist; Dr. J. K. application arises in the following circumstances.2. A case Rama Nand v. State, under Section 302, Indian Penal Code, was put for trial before the Sessions Judge, Mandi. A skeleton was discovered from river Sutlej, of which post mortem examination was conducted by Dr. J. K. Sharma. Some components of that skeleton were sent to other doctors for determination of sex and age of the deceased. Dr. R, S. Pathania examined the mandible while the same was put under X-Ray test by Dr. M. L. Ahuja, Radiologist. The reports that arrived were despatched to the Police, and the dates indicated that long after the actual date of examination the documents could be placed in the hands of the Police. The post mortem examination was conducted 'in a perfunctory manner'. The mandible along wit...

Union of India (Uoi) and anr. Vs. Rajkumar Rajindera Singh and anr.

Court: Himachal Pradesh

R.S. Pathak, C.J. 1. The respondent filed a suit against the State for a declaration that he was owner of the property specified in the plaint. The suit was decreed, and the Stale has filed an appeal. During the pendency of the appeal an order was made on December 14, 1970 directing sale of the mature forest trees situated in the property, and deposit of the sale proceeds in the State Bank of India, Simla. It appears that some trees were sold and the sale proceeds were paid over to the Registrar of this Court for depositing in the Bank. The respondent then applied for permission to withdraw Rs. 60,000/- out of the said amount and on May 10, 1974 this Court granted the prayer subject to the respondent furnishing security to the satisfaction of the Registrar for re-payment of that amount in case the appeal was allowed. The respondent filed a surety bond before the Registrar, and an objection has been taken by the learned Advocate General on behalf of the State that the surety bond requir...

Kailash Wati and anr. Vs. State of Haryana and anr.

Court: Himachal Pradesh

Chet Ram Thakur, J.1. These four appeals arise out of four claims petitions under Section 110-A of the Motor Vehicles Act disposed of by the Motor Accident Claims Tribunal, Mahasu and Kinnaur Districts at Kelleston, Simla by a single judgment, dated 3lst August, 1971.2. The undisputed facts of the cases are that on 28th October, 1969 the Haryana Roadways Bus No. HRA-1243 left Chandigarh at about 2-10 P.M. for Kasauli, Shri Anand Kumar a second year Law student, Shri Ajesh Kashyap, a third year Chemical Engineering Stu-dent, Shri Ravi Datta, a Forest Guard and his brother Shri Bishan Datt boarded the bus. When the bus reached near village Jabli, 17 miles towards the West of Police Station, Solan, i.e., at 73 milestone, the front wheel tyre of the right side of the bus burst and the driver who was driving the bus negligently and rash1ly could not control the bus with the result that it rolled down in the Khud at a distance of about '450 feet from the road. Sarvshri Anand Kumar and Ajesh ...