Himachal Pradesh Court April 1978 Judgments
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Hari Dutt Vs. Shiv Ram
Court: Himachal Pradesh
Decided on: Apr-27-1978
Reported in: AIR1979HP41
T.U. Mehta, Actg. C.J.1. This second appeal arises out of the suit filed by the appellant-plaintiff for the possession of the agricultural land measuring 4 kanals and 14 marlas situated at village Mohalta in the District of Hamirpur.2. Short facts of the case are that the disputed land, along with other lands, was an ancestral property held by one Sardaru. This Sardaru had a son named Surjan. Surjan had three wives, named, Bholi, Aurku and Sundari. The evidence recorded in the case reveals that Surjan's relations with his second wife Aurku were not cordial as he was suspecting that Aurku was unchaste. Evidence also reveals that on account of this suspicion Surjan had expelled Aurku from his house. Thereupon, Sardaru, the father of Surjan, made a gift of the land measuring 9 Kanals and 18 Marias in favour of Aurku in the month of March, 1926.3. Sardaru's son Surjan thereupon filed a declaratory suit bearing No. 239 of 1927 against his father and Aurku in the court of Sub-Judge, Kangra. ...
Siri Ram Vs. Smt. Hukmi and anr.
Court: Himachal Pradesh
Decided on: Apr-26-1978
Reported in: AIR1979HP45b
T.U. Mehta, Actg. C.J.1. The real question which is involved in this second appeal is whether a Hindu widow of an agriculturist in Punjab had a right of maintenance out of family property before the Hindu Succession Act, 1956 came to be applied and, if so, whether the recognition of her said right of maintenance in a consent decree obtained by the parties from court before the said Succession Act of 1956 was applied, can bring the case of the same widow within Sub-section (2) of Section 14 of that Act.2. Short facts of the case are that the appellant Siri Ram is a reversioner with regard to the disputed property and has brought this suit for obtaining a decree for declaration to the effect that the sale deed executed by respondent Smt. Hukmi on 30th August, 1966 in favour of defendant-respondent No. 2, Managing Committee, D. A. V. High School, Una, is ineffective as against his rights and for possession of the land in question. The trial Judge came to the conclusion that respondent Smt...
Vijay Kumar and anr. Vs. the State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Apr-25-1978
Reported in: 1978CriLJ1619
T.U. Mehta, Actg. C.J.1. This appeal arises out of the order of conviction and sentence recorded by the Court of the Additional Sessions Judge, Una is Session Trial No. 4-M/7 of 1977 in which both the appellants were charged for the offences contemplated by Sections 302 and 392 read with Section 34 of the I.P.C. As a result of the trial, the learned Sessions Judge has convicted the appellant Vijay Kumar for the offences under Section 302 and Section 392 read with Section 34. of the I.P.C. and has sentenced him to life imprisonment and fine of Rs. 1,000/- for the offence under Section 302, I.P.C., and to rigorous imprisonment of ten years and fine of Rs. 500/- for the offence under Section 392 read with Section 34, I.P.C.2. He has convicted appellant Darshan Lal for the offence under Section 392 read with Section 34, I P. C. and has sentenced him to rigorous imprisonment of ten years and the payment of fine of Rs. 500/-.3. The learned trial Judge has further ordered that out of fine whi...
Hans Raj Sood Vs. State of Himachal Pradesh and ors.
Court: Himachal Pradesh
Decided on: Apr-24-1978
Reported in: AIR1978HP68
T.U. Mehta, Actg. C.J. 1. By this application, the petitioner wants the restoration of the main writ petition on the ground that the matter was on that day fixed on the Board of Hon'ble the Chief Justice and the Hon'ble Mr. Justice Thakur. But on that day Hon'ble Mr. Justice Thakur could not attend the Court and, therefore, the petitioner's Advocate thought that the matter would not be taken up. However, the matter was taken up by a different Bench consisting of Hon'ble the Chief Justice and myself and when it was called by the reconstituted Bench, the writ petition was dismissed for default as nobody was present.2. The learned Advocate-General draws our attention to the provisions contained in the Explanation attached to Section 141 of the Civil Procedure Code and contends that no such restoration application is maintainable.Section 141, C. P. C., says that:--'The procedure provided in this Code in regard to suits shall be followed, as far as it can be made applicable, in all proceedi...
Shiv Ram and ors. Vs. Bhagat Ram and ors.
Court: Himachal Pradesh
Decided on: Apr-10-1978
Reported in: AIR1979HP12
T.U. Mehta, Ag. C.J.1. The question which at present is required to be decided by us is whether both these appeals have abated on account of the facts, that Shiv Ram, the appellant No. 1 in both the appeals and Zalam Singh, appellant No. 6 in Appeal No. 36 of 1967 and respondent No. 8 in Appeal No. 4 of 1968 have died respectively on 4-6-1976 and 2-5-1970 and their legal representatives have not been brought on record within time. Respondent Bhagat Ram in both these appeals has, moved the court to pass an order that both the appeals have abated. Thereafter, the legal representatives of the deceased, Shiv Ram and Zalam Singh, have applied for their substitution in place of the deceased. Chamku, the widow of deceased Shiv Ram, has stated that she is illiterate and, therefore, did not know what would be the effect of her not being substituted as legal representative of her deceased husband Shiv Ram. The widow of Zalam Singh has applied for condonation of delay for being substituted as the...
Channan Singh and ors. Vs. the Collector, Land Acquisition B/S Link Pr ...
Court: Himachal Pradesh
Decided on: Apr-05-1978
Reported in: AIR1978HP42
T.U. Mehta, Ag. C.J. 1. This appeal arises out of the decision given by the Additional District Judge, Mandi in Reference Nos. 195 of 19,65 and 383 of 1965 under Sections 18, 30 and 31 of the Land Acquisition Act. The land acquired comprises of Khasra Nos. 2622/1 and 2622/2 and measuring 4 Bighas and 3 Biswas, and khasra No. 2626/1, measuring 6 Bighas and 15 Biswas. Thus, the total measurement of the land acquired in this case is 10 Bighas and 18 Biswas.2. One Basant Singh son of Hira Singh claimed compensation with regard to this acquired land originally at the rate of Rs. 3,000 per bigha.3. The claimants of Reference No. 883 of 1965, who are respondents Nos. 2to 9 in this appeal, came forward before the learned Judge with their claim that by virtue of the document Exhibit PA the claimant Basant Singh had surrendered his ownership from 5 Bighas 10 Biswas of land of Khasra No. 2626/1 and document evidencing this relinquishment was registered on 3-9-1959. He, therefore, claimed apportio...
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