Himachal Pradesh Court May 1980 Judgments

Mohan Lal and ors. Etc. Vs. Prem Chand and ors. Etc.

Court: Himachal Pradesh

Reported in: AIR1980HP36

V.D. Misra, C.J.1. Powers of revision and of granting anticipatory bail have been conferred on the High Court as well as the Court of Session by Sections 397 and 438 of the Cr. P. C., 1973 (referred to as the 'new Code'). Is it incumbent upon an applicant to approach the Court of Session before moving the High Court? This question has been referred to the Full Bench. REVISION:2. We will first deal with the revisional jurisdiction. Cri. P. C., 1898 (referred to as the 'old Code') also conferred concurrent revisional jurisdiction on the High Court and the Court of Session as well as the District Magistrate. However, Sub-section (4) of Section 435 of old Code provided that if any application had been made either to the Sessions Judge or District Magistrate, no further application shall be entertained by the other of them. But no restriction was placed by the statute on the exercise of revisional jurisdiction by the High Court. An applicant could make an application before the Court of Ses...

Smt. Pushpawati Vs. United Commercial Bank and ors.

Court: Himachal Pradesh

H.S. Thakur, J. 1. The petitioner has filed this revision petition challenging the order and judgment passed by the learned District Judge, Simla Division, Simla, dated 17th of November, 1978, affirming the order dated 12th December, 1977, passed by the subordinate judge, Simla, to the effect that the civil court at Simla had no jurisdiction to entertain the suit of the petitioner and directed the return of the plaint to the petitioner for presentation to the proper court.2. The facts of the case may be stated. The petitioner filed a suit against the respondents for the grant of a declaratory decree to the effect that she was entitled to receive the payment of the amount of the fixed deposit receipts detailed in the plaint. The total principal amount in respect of the fixed deposit receipts amounted to Rs. 29,000. A mandatory injunction was also prayed to be issued directing the respondents Nos. 1 and 2 to pay the amount of the fixed deposit receipts along with interest, to the petitio...

State of Himachal Pradesh and anr. Vs. Motilal Partap Singh and Co. an ...

Court: Himachal Pradesh

Reported in: AIR1981HP8

V.D. Misra, C.J.1. This Letters Patent Appeal by the State is directed against the judgment of Mr. Justice C, R. Thakur allowing the writ petition of the respondents.2. Khasra Nos. 166, 134 and 57 of village Dhamrara, Tehsil Rohru is a Shami-lat Deh land owned by the villagers On this land stand large number of Deodar, Kail and Rai trees. The respondents, who are contractors and forest lessees, were interested in buying the trees. They negotiated with the villagers who constituted a committee to settle the terms and conditions of sale of the trees. On 18th July, 1974 the respondents entered into an agreement with this committee and a sum of Rs. 2,000/- was paid as advance.3. On 11th April, 1974 Himachal Pra-desh Legislative Assembly passed the Himachal Pradesh Village Common Lands Vesting and Utilisation Act, 1974 (Act No. 18 of 1974) (hereinafter referred to as the Vesting Act). It received the assent of the President on 9th August, 1974, and was published in Rajpatra Himachal Pradesh...