Himachal Pradesh Court March 1981 Judgments
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Smt. Sewaki Vs. the State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Mar-27-1981
Reported in: 1981CriLJ919
Vyas Dev Misra, C.J.1. This judgment will dispose of Criminal Appeals Nos. 23 and 45 of 1980 since they arise out of the same incident. The former appeal is directed against the judgment of Shri R. K. Mahajan, Additional Sessions Judge, Mandi, convicting the appellant under Section 302 of the Indian Penal Code and sentencing her to imprisonment for life. The latter is the State's appeal against the acquittal of Thakur Singh who was a co-accused with Sewaki.2. Kalawati (deceased) was married to one Bahadur Singh. During the three years of her marriage no child was born to her. It is alleged by the prosecution that she had not brought enough dowry and there used to be frequent quarrels between Kalawati and her mother-in-law, Sewaki appellant, and others. Kalawati used to reside in the village with her mother-in-law Sewaki, and Kali Devi and Kantar Devi, daughters of Sewaki. Bahadur Singh and his father Hari Singh were employed in Mandi and they used to reside there, off and on Bahadur Si...
Smt. Kaushalya Devi Vs. Masat Ram
Court: Himachal Pradesh
Decided on: Mar-26-1981
Reported in: AIR1981HP63
H.S. Thakur, J. 1. The appellant, who is the wife of the respondent, filed a petition under Section 13 of the Hindu Marriage Act for the dissolution of marriage between them. The Senior Sub-Judge, Bilaspur (with the powers of District Judge under the Hindu Marriage Act) dismissed the petition of the appellant by his order and judgment dated 24th April, 1980.2. Aggrieved by the same, the appellant has preferred this appeal, The facts relevant to the case may be stated. The appellant (hereinafter referred to as the petitioner) was married to the respondent on 9th Falgun 2026 Bk. No child is bora out of the wedlock. According to the petitioner the respondent maltreated her, he used togive her beatings and did not even provide her with clothings and food. Ai contended by the petitioner, she was not even allowed to talk or have the company of any one in the village including the women folk. The petitioner lived at the honse of the respondent for about one and a half years. Peeling that it w...
Smt. Shanti Devi and ors. Vs. Rajeshwar Parshad and ors.
Court: Himachal Pradesh
Decided on: Mar-25-1981
Reported in: AIR1981HP65
T.R. Handa, J. 1. The sole question canvassed in this second appeal arising out of execution proceedings is whether the sedition application dated 29-8-1962 filed by Shri Chalur Bhuj respondent No. 3 (one of the decree-holders) in the executing Court is within time.2. This is how this question has arisen. Sarvashri Rajeshwar Prashad, Tek Chand and Chatur Bhuj, the respondents herein arc real brothers and they constituted joint Hindu family with their father, Shri Babu Ram. Jogindra Central Co-operative Bank Limited, respondent No. 4 obtainct a decree against Shri Babu Ram, the father of respondents 1 to 3 and his brother Shri Jyanti Prashad on the basis of a pronote. Tn execution of that decree certain properties were attached and sold.3. Respondents 1 to 3 Sarvashri Rajeshwar Prashad, Tek Chand and Chatur Bhuj then brought a suit in the Court of Subordinate Judge, Nalagarh, for a declaration that the pronote executed by their father Shri Babu Ram and his brother Shri Jyanti Prashad in...
Surinder Nath Vs. P.N. Dhawan
Court: Himachal Pradesh
Decided on: Mar-19-1981
Reported in: AIR1981HP68
ORDERVyas Dev Misra, C.J.1. This revision is directed asainst the iudgmenl of Appellate Authority Simla, dismissing the landlord's petition for eviction of the tenant.2. The petitioner-landlord is the owner of a building known as 'Charlie Mount'. It had eight sets. AD were rented out to the tenant. The respondent is occupying set No. 8.3. On 22-3 0-1971 the landlord sent notice Ex. PX to the respondent that due to incessant rains the building had become unfit and unsafe for human habitation and asked him to vacate the buildins and hand over is possession to the landlord. The respondent sent his reply Ex. D-1. He stated that the suite occupied by him was habitable, was in perfect good condition, and that the notice had been sent in order to make him agree to the enhanced rent demanded by the landlord. No further step was taken by the landlord and the matter stood closed.4. After a period of about two years the landlord sent notice Ex. P. W. 6/A dated 13th June, 1973, once again asking t...
Daulat Singh Vs. the State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Mar-05-1981
Reported in: 1981CriLJ1347
T.R. Handa, J.1. The appellant Shri Daulat Singh who is a young boy of 20 years has been convicted by the Chief Judicial Magistrate Kinnaur at Kalpa under Sections 380/457 read with Section 75 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs. 1,000/- on each count. The Chief Judicial Magistrate has further directed that in default of payment of fine the appellant shall undergo further rigorous imprisonment for 6 months in each case and that both the sentences shall run consecutively. In other words the substantive sentence imposed on the appellant is rigorous imprisonment for 10 years with further rigrous imprisonment of 1 year in case of default of payment of fine.2. The appellant admitted the prosecution case and pleaded guilty to the charges under Sections 380/457 as well as to the charge under Section 75 I.P.C. since the conviction of the appellant was recorded on his own plea of guilt, the only question in this case is as ...
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