Himachal Pradesh Court July 1975 Judgments
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State Vs. Dilla Ram and ors.
Court: Himachal Pradesh
Decided on: Jul-25-1975
Reported in: 1976CriLJ392
ORDERD.B. Lal, J.1. This is a reference made by the learned Sessions Judge, Simla to this Court presumably under Section. 488 of the Code of Criminal Procedure. One Shrimati Lakshmi owned 19.12. bighas of land in village Prathar (Kandaghat). Dilla Ram accused thought of a device to deprive Shrimati Lakshmi of that land. With that object, on 24-12-1970 he obtained a certified copy of Jamabandi and on 5-1-1971 he went along with the other two accused Narain Dass and Dhani Ram to Kandaghat where he purchased the requisite stamp paper for execution of a sale-deed by Shrimati Lakshmi in his own favour. He further purchased a stamp for execution of special power of attorney by Lakshmi in favour of one Vasudeva sarpanch. Before the stamp vendor Narain Dass and Dhani Ram identified one Shrimati Munna and impersonated her for Shrimati Lakshmi. Op the same day the two documents were written by the petition-writer and Shrimati Munna signed as Lakshmi. Thereafter the three accused presented Shrima...
Amarnath Rula Ram and ors. Vs. Kanwar Joginder Singh and ors.
Court: Himachal Pradesh
Decided on: Jul-21-1975
Reported in: 1976CriLJ394
ORDERD.B. Lal, J.1. Shri Amar Nath and two others have filed the present petition under Section 482 of the Code of Criminal Procedure, They have asked for quashing the proceeding under Section 145 of the Code of Criminal Procedure instituted against them upon complaint of one Kr. Joginder Singh. The learned Sub-divisional Magistrate Rampur by his order dated 5-10-1974 passed the preliminary order and summoned the respective parties to put in their written statements and evidence as he found apprehension of a breach of the peace in respect of a certain parcel of land in village Sainj, Kotgarh. According to petitioners an abuse of process of Court has resulted and so inherent jurisdiction of the High Court ihould be exercised to correct the mistake, This is how Section 482 has been applied. It is stated that the order of the Magistrate is without jurisdiction because he has not recorded any ground for his satisfaction as to breach of the peace. It is also stated that a civil suit was fil...
Smt. Mango Vs. Mangtu
Court: Himachal Pradesh
Decided on: Jul-18-1975
Reported in: 1976CriLJ93
ORDERD.B. Lal, J.1. This is a reference presumably under Section 438 of the Code of Criminal Procedure from the order of the Additional Sessions Judge, Dharamsala. The facts giving rise to the reference are, that on 17-2-1970 an application for maintenance under Section 488 of the Code of Criminal Procedure was filed by Smt. Mango Devi against her husband Mangtu and the usual allegations were that he has neglected and refused to maintain her as well as their infant child and as such maintenance at the rate of Rs. 150/- per mensem for herself and Rs. 50/- per minor child were claimed It appears. on 10-2-1968 a similar application for maintenance was filed by Smt. Mango but the case was compromised at that stage The husband promised to take Smt. Mango to live with him and also to maintain her as well as her child. As the husband subsequently resiled and refused to maintain her and the child, the second application under Section 488 was instituted on 17-2-1970. The learned Magistrate dism...
Roshanlal and anr. Vs. State
Court: Himachal Pradesh
Decided on: Jul-07-1975
Reported in: 1976CriLJ434
ORDERD.B. Lal, J.1. This Criminal Revision No. 64 of 1974 is brought from the order of the Sub-Divisional Magistrate, Mandi in a case under Section 145, Criminal P. C, whereby Gurbachan Singh has been declared entitled to possession of the stall situate in Khasra No. 1281 until evicted therefrom in due course of law. The proceeding was initiated at the instance of Gurbachan Singh who made a petition to the Superintendent of Police saying that he was in possession over the disputed stall and was forcibly and wrongfully dispossessed by Roshan Lai and Shrimati Kaushalya a week prior to his filing of the petition which he did on 21-3-1974. Tracing the history of the stall the petitioner stated that formerly his servant Kherati Lai was in occupation, who died in 1966. Thereafter Kali Dass another servant of his started occupation of the stall on his behalf. The respondents Roshan Lai and Shrimati Kaushalya are the descendants of Kherati Lai and they wrongfully occupied the stall for which G...
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