Himachal Pradesh Court May 1976 Judgments
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Smt. Shibi and anr. Vs. the State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: May-28-1976
Reported in: 1977CriLJ110
D.B. Lal, .J.1. This is an application under Section 482 of the Code of Criminal Procedure, 1973, for review of the judgment pronounced by this Court in Criminal Appeal No. 24 of 1974. The facts of the case which gave rise to this application are that Dalu and Shibi and one Tobge were prosecuted for the offence of murder under Section 302, I.P.C. It was stated that one Tiku was also engaged by the accused to commit the murder and subsequently he turned the approver and gave evidence against the accused. The learned Sessions Judge convicted the accused Dalu and Shibi under Sections 302 and 380, I.P.C. and sentenced them for the former to imprisonment for life. Tobge was acquitted because the case against him was not found proved beyond the realm of a reasonable doubt. Dalu and Shibi came in appeal before the High Court and a Division Bench dismissed their appeal by its judgment dated May 28, 1975. The present application is filed for review of that judgment.2. It is contended in the gro...
Khyali Ram Etc. Vs. Mast Ram Etc.
Court: Himachal Pradesh
Decided on: May-26-1976
Reported in: AIR1977HP41
C.R. Thakur, J. 1. This execution second appeal has got a chequered history. Subedar Mast Ram and others fileda suit for declaration to the effect that the land comprised in Khasra No. 1346/3 was the Shamilat Tikka land of the residents of village Larha, in tehsil Hamirpur and that Khyali Ram had taken unlawful possession of the same and they, therefore, prayed for possession of the same as a consequential relief. This suit was filed by them in a representative capacity on 16-10-1952. The suit was decreed on 18-8-1953. The decree-holders took out execution proceedings on 4-8-1960. The judgment-debtor also filed objections under Section 47, Civil Procedure Code which were dismissed and in consequence of the execution possession of the land was delivered as also the costs amounting to Rs. 534.77 were recovered from the judgment-debtor and paid to the decree-holder. The judgment-debtor went in appeal to the court of the District Judge against the dismissal of his objection petition which ...
Lobsang Khampa and ors. Vs. Sunam Ram
Court: Himachal Pradesh
Decided on: May-18-1976
Reported in: AIR1977HP23
ORDERD.B. Lal, J.1. Lobsang Khampa and ten others have filed this suit for recovery of Rs. 73,618.37p. from Sanam Ram defendant on the allegations that they are Tibetan-refugees settled in India and raised potato crops during the year 1969 by taking lands on lease from the local zamindars. The potato crop was ready in September/October, 1969 and the plaintiffs being not conversant with the local dialect experienced some difficulty in marketing their crop. Accordingly the plaintiffs agreed to sell and the defendant agreed to purchase their crop at an agreed rate of Rs. 70/- per bag for A-I quality and Rs. 60-per bag for A-II quality of potatoes. Individual plaintiffs supplied separate quantities of potato bags. They had also taken manure separately from the defendant for which they are liable to pay to the defendant which amount they have set off in the present suit. According to plaintiffs .the total cost of potato bags was Rs, 9,7,318.27, while they have to pay Rs. 9,280.00 as cost fo...
Jubilee Highways Transport Company (P) Ltd. and anr. Vs. State Transpo ...
Court: Himachal Pradesh
Decided on: May-17-1976
Reported in: AIR1977HP30
ORDERR.S. Pathak, C.J.1. The petitioners are Private Limited Companies carrying on business as transport operators on different routes, some of which fall within the territorial limits of the State of Himachal Pradesh. While operating on those routes, the petitioners cover a portion of three other routes, Chobin-Dhangu, Naura-Dhangu and Kangra-Dhangu.2. It appears that the State Government has under contemplation a scheme for entrusting the operation of transport services generally over all routes in Himachal Pradesh to the State Transport undertaking and pending the finalisation and enforcement of that scheme of 'nationalisation' (as it appears to be popularly described) it does not grant regular permits to private operators but merely temporary permits issued from time to time. In the grant of such temporary permits it follows the procedure prescribed under Section 57 of the Motor Vehicles Act, 1939,3. On April 23, 1975, the Regional Transport Authority, Dharamshala granted what were...
Roshan Lal Vs. Ratto
Court: Himachal Pradesh
Decided on: May-17-1976
Reported in: AIR1977HP10
ORDER1. This is a plaintiffs revision petition against an appellate order of the learned District Judge, Kangra vacating an interim injunction granted by the trial court.1A. The plaintiff. Roshan Lal, purchased a parcel of land of which the defendant, Ratto, was tenant. Ratto filed a suit for possession by way of pre-emption and was held entitled to pre-empt a one third share of the land. Accordingly, he became owner of the ,ne third share. Roshan Lal instituted partition proceedings, and the Assistant Collector made an order directing partition. Physical possession of a two third share was delivered to Roshan Lal. Ratto applied to the Assistant Collector that physical possession had been wrongly delivered to Roshan Lal inasmuch as he, Ratto, continued as tenant in that share of the land. The Assistant Collector accepted the plea, and ordered physical possession restored to Ratto. An appeal by Roshan Lal was rejected by the Collector. On April 25, 1973 Roshan Lal filed the present suit...
Amar Singh Vs. the State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: May-07-1976
Reported in: 1976CriLJ1627
Chet Ram Thakur, J.1. This appeal has been filed by Shri Amar Singh, patwari who has since been convicted under Section 161 IPC read with Section 5 (2) of the Prevention of Corruption Act and sentenced to one year's imprisonment on each of both the counts and also sentenced to pay a fine of Rs. 500/- on each count. Both these sentences of imprisonment are ordered to run concurrently.2. The appellant was a patwari of Halqua (Circle) Kamlab in Tehsil Hamirpur and Shri Madan Lal (PW 4) a resident of village Pakhorl had gone on the 15th of January, 1974 to obtain a copy of their village-common-land in respect of some land which however, is not mentioned in the complaint. According to the complainant, the appellant did not give him the copy and demanded Rs. 15/- as illegal gratification. However, he promised to pay him the same after a few days. The complainant made a report Ex. PJ to the Deputy Commissioner on 17-1-1974 in this behalf and the District Magistrate passed an order Ex. PJ/1 on...
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