Himachal Pradesh Court September 1975 Judgments
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Rakha Singh Vs. Santokha and ors.
Court: Himachal Pradesh
Decided on: Sep-26-1975
Reported in: AIR1976HP66
D.B. Lal, J.1. This second appeal is brought from the judgment of the District Judge, Simla reversing in appeal the judgment of the Sub-Judge, 1st Class, Nalagarh, as a result to which a suit for specific performance filed by Rakha Singh has been dismissed. It was stated by Rakha Singh that Chanan Ram (respondent No. 4) entered into an agreement with him on June 4, 1965 whereby Chanan Ram was willing to sell and Rakha Singh was willing to purchase 6 bighas 16 biswas land situate in village Bhogpur at the rate of Rs. 235 per bigha and the sale deed was to be executed on June 25, 1965.After a protracted correspondence between the parties, Chanan Ram finally wrote to Rakha Singh on 20-12-1965 that the sale deed must be executed in the month of December, 1965. According to him he also sent a notice to the plaintiff on 24-12-1965 but received no reply. Thereafter on 10-1-1966 Chanan Ram executed the sale of the disputed land in favour of the respondents 1 to 3. Rakha Singh thereafter brough...
State Vs. Surinder Kumar
Court: Himachal Pradesh
Decided on: Sep-26-1975
Reported in: 1976CriLJ892
ORDERChet Ram Thakur, J.1. This is a criminal reference under Section 438 of the Code of Criminal Procedure 1898 made by the Sessions Judge, Hamirpur, recommending the enhancement of the sentence for the offence under the Prevention of Food Adulteration Act (shortly called the Act) for which Surinder Kumar had been convicted by the trial Magistrate but had only been let off with a fine of Rs. 50 only.2. On May 30, 1973, Surinder Kumar was1 found carrying a can containing 4 K. G. of cow's milk in Hamirpur Bazar. On a sample being taken and all the formalities having been observed the Food Inspector sent a sample to the Public Analyst who found the same adulterated, A complaint was filed under Section 16(1)(a)(i) of the Act. The accused pleaded guilty and the learned Chief Judicial Magistrate accordingly convicted him, but in view of the fact that he had made a confession, imposed a sentence of fine of Rs. 50 only. The State filed the revision before the learned Sessions Judge who recomm...
Jai Singh Vs. the State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Sep-19-1975
Reported in: AIR1976HP96
ORDERR.S. Pathak, C.J.1. The petitioner is a resident of village Saryala, situated in Jagjitnagar block, tehsil and district Solan. He is aggrieved by the elections held in Gram Sabha, Chandi. He contends that the Gram Sabha area of that Gram Sabha was altered and consequently the Gram Sabha itself stood abolished. According to him, the Gram Sabha should have been constituted afresh in respect of the altered area, and as there was no freshconstitution of the Gram Sabha the action taken to hold elections to the Executive Committees consequent to the notification dated September 29, 1972 must be treated as invalid. By this writ petition the petitioner prays for relief against the elections in respect of the Gram Sabha, Chandi.2. The writ petition is without force. Any change in the Gram Sabha area over which the existing Gram Sabha has jurisdiction does not affect the constitution of the Gram Sabha itself. Section 5 of the Himachal Pradesh Panchayati Raj Act, 1968 contemplates a Gram Sab...
State of Himachal Pradesh Vs. Harbans Singh and anr.
Court: Himachal Pradesh
Decided on: Sep-15-1975
Reported in: 1976CriLJ894
ORDERChet Ram Thakur, J.1. This revision petition under Section 401 of the Code of Criminal Procedure 1973 (shortly called the Code) read with Article 227 of the Constitution has been filed by the State for revising the order of the Sessions Judge, dated 24-6-1974. The Magistrate committed the respondents for trial under the provision of Sections 302/34 and Section 342 of the Indian Penal Code. The learned Sessions Judge, it appears, after going through the police record opined that it was not a case under Section 302, I.P.C. so as to frame a charge under that Section. According to him, the case was only one under Section 342, I.P.C. He further observed that the opinion of the medical officer was that the injuries mentioned in his report, dated 14-2-1974 could not have been possible by striking against protruding stones or rocks, etc. and they were caused by some weapon. This fact is to be established by the prosecution during the trial. It is to be determined during the trial whether ...
ishwar Chand Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Sep-12-1975
Reported in: 1976CriLJ386
R.S. Pathak, C.J.1. On August 22, 1975 we rendered our opinion on a number or points arising in this and the connected criminal miscellaneous petitions. The reasons for that opinion are now set out,2. The criminal miscellaneous petitions have been made under the Code of Criminal Procedure, 1973 for the grant of bail to the petitioners.3. The facts of one of the cases, Criminal Miscellaneous Petition (Main) No. 67 of 1975, may be detailed, The petitioner Ishwar Chand and one Kamal Kapur carry on business in partnership under the name Mahabir Trading Company, Solan They deal in foodgratps. On July 8, 1975 the police accompanied by officers of the Food Supplies Department made a surprise check of the stocks of the Mahabir Trading Company. On the ground that the godowns contained 435 bags of rice and 12 bags of salt in contravention of the Himachal Pradesh Commodities Price Marking and Display Order, the police arrested Kamal Kapur. He was released on bail by the Chief Judicial Magistrate ...
State of Himachal Pradesh Vs. Lt. Vijay Singh
Court: Himachal Pradesh
Decided on: Sep-02-1975
Reported in: AIR1977HP13
D.B. Lal, J.1. Lt. Vijay Singh has been awarded compensation, under the Land Acquisition Act, for a certain building belonging to him. The award was made by the Land Acquisition Collector on 14-8-1972. Thereafter under Section 18 Lt. Vijay Singh made a reference to the District Judge for enhancement of compensation. The award was made by the learned District Judge on 18-12-1973. The amount of compensation has been enhanced. The State of Himachal Pradesh preferred an appeal to this Court under Section 54 of the Land Acquisition Act. This appeal was filed on 9-10-1974, but on that date some defect was pointed out, and it was refiled on 11-11-1974. The period of 90 days is prescribed for filing appeal in the High Court. As the appeal was prima facie time barred, an application under Section 5 of the Limitation Act was moved by the State of Himachal Pradesh on 11-10-1974. A reply to this petition has been filed by Lt. Vijay Singh. We are called upon to decide, as to whether, upon sufficien...
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