Himachal Pradesh Court March 1975 Judgments

Mrs. M.J. Stone and ors. Vs. Union of India (Uoi) and ors.

Court: Himachal Pradesh

D.B. Lal, J.1. These three first appeals are directed against the decision of the Motor Accident Claims Tribunal under Section 110-B of the Motor Vehicles Act, 1939. On December 20. 1968 atabout three miles from Wangtu Bridge and at 3 D. m. a petrol tanker (HRA 1807) belonging to respondents 1 and 2 was coming from Sungra and was going to Wanatu on the Hindustan Tibet Road. The tanker belonged to respondent-National Carrier and Calender Singh respondent was driving it. One Bishambhar Dass fp. W. 9) was the Conductor. This Tanker was admittedly going on the wrong side of the road and when it reached a curve it was met with a military one tonner truck HC 15455 which was coming from Wangtu side. The tanker being on the wrong side was hit by the military truck, with the result that a very unfortunate accident took place. The truck swered towards its right and fell into the river Sutlej It was being driven by Sepoy Kailash Yadav and four other employees of the military were occupying the ot...

Rajinder Mohan Sehgal and ors. Vs. Dr. Y.S. Parmar and ors.

Court: Himachal Pradesh

Reported in: AIR1976HP1

R.S. Pathak, C.J.1. By this writ petition under Article 226 of the Constitution the petitioners challenge the validity of two, notifications dated January 21, 1974 whereby the Governor of Himachal Pradesh has fixed the headquarters of the Solan Sessions Division and of the Solan Civil District at Nahan in the district of Sirmur.2. Three notifications were issued by the Governor of Himachal Pradesh. The first notification No. 11-2/66-Appt. (DP) (i) dated August 30/31, 1972 was made under Section 7 (2) of the Code of Criminal Procedure and by it the limits of the existing Sessions Divisions were altered and the Sessions Divisions were re-constituted, the limits of the newly constituted Solan Sessions Division being the Solan and Sirmur districts with headquarters at Solan. By the same notification the Governor, acting under Section 9 (1) of the Code of Criminal Procedure, established a court of Session for each of the Sessions Divisions so constituted. A copy of this notification is Anne...

Puran Singh and ors. Vs. Labhu Ram

Court: Himachal Pradesh

Reported in: 1976CriLJ571

ORDERD.B. Lal, J.1. This is a reference presumably under Section 438 of Criminal P.C. and arises out of a proceeding under Section 145 instituted at the instance of one Labhu Ram in respect of certain cultivable land said to be in his non-occupancy tenancy and interference was caused by Puran Singh and others in his possession over such land. The learned Sub-Divisional Magistrate before whom the proceedings were instituted passed a preliminary order and called for the parties to produce written statements before him and also adduce evidence by giving affidavits. Accordingly botih the parties submitted the written statements and also produced several affidavits. The learned Magistrate considered the evidence and held that a prohibitory order under Section 145 need be passed against Puran Singh and others. Subsequently this order was assailed in a revision before the learned Sessions Judge and he has quashed the proceeding of the learned Magistrate on the ground that due compliance was n...