Himachal Pradesh Court July 1981 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Zalam Singh and ors. Vs. the State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Jul-30-1981
Reported in: 1981CriLJ1447
H.S. Thakur, J.1. The following question has been referred to this Division Bench for decision:Whether it is open to a Magistrate to take cognizance of an offence under Section 190(1)(b) of the Code on the basis of a police report submitted before him by the police after formation of the opinion that in view of the material collected during the course of investigation, no case is made out for sending the accused for trial.2. The facts and circumstances under which the question has arisen may be briefly stated. One Basant Lai lodged the First Information Report No. 58 on 9th June, 1977, at Police Station, Theog, alleging offence under Section 348, I.P.C. against the present petitioners. As a result of the investigation conducted in the case, the Investigating Officer came to the conclusion that the case against the petitioners was politically motivated and that the allegations made in the FIR were all false. The Investigating Officer prepared his report under Section 173 of the Cr.P.C. ...
Mangheru Etc. Vs. the State of Himachal Pradesh and ors. Etc.
Court: Himachal Pradesh
Decided on: Jul-27-1981
Reported in: AIR1982HP1
V.D. Misra, C.J.1. The Full Bench was constituted to reconsider some of the points deckled by a Division Bench of this Court in Bercy Chauhan v. State, ILR (1979) Him Pra 35.2. We may notice the relevant facts of Civil Writ Petn. No. 219 of 1980. The petitioner was granted land measuring 7 bighas 9 biswas in village Suka Bag, Tehsil Jogindernagar, District Mandi, vide order dated 23rd August, 1972 of the S.D.O. (Civil), Jogindernagar, District Mandi, under the Himachal Pradesh Nautor Land Rules, 1968. Thereafter a patta was issued under Rule 18 (c) on 19th June, 1973. Respondents Nos. 3 and 4 challenged the grant by way of an appeal before The Special Collector, District Mandi. This appeal was dismissed on 27th June, 1975. Though the Special Collector found that the petitioner was holding land in excess of 20 bighas at the time of the grant of the land, he refused to interfere on the ground that the petitioner had already built a house and a shop on a part of the land granted to him. T...
Gehru Vs. Charan Das Dogra
Court: Himachal Pradesh
Decided on: Jul-27-1981
Reported in: AIR1982HP23
V.D. Misra, C.J.1. This appeal is directed against the order of a learned single Judge holding that the appellant is not an indigent person and must pay the necessary court-fee.2. The appellant is stated to be a deal and dumb person and incapable of protecting his interests when suing by reason of mental infirmity. The appellant's wife Shrimati Devku filed a suit in forma pauperis on the ground that the appellant was not possessed o sufficient means to enable him to pay the fee prescribed by law for the plaint. It was averred that the defendant (respondent before us), who is a practising Advocate, filed an application on behalf of a lady representing herself to be Kimtu, daughter of the appellant, for permission to sell or lease the property described in the plaint, This application was stated to have been made under Section 8 of the Hindu Minority and Guardianship Act before the District Judge Kulu on 22nd May, 1975. The learned Judge allowed the application on 31st May, 1975. On the ...
B. Himmat Singka and anr. Vs. Kuldip Industrial Corporation and ors.
Court: Himachal Pradesh
Decided on: Jul-20-1981
Reported in: 1981CriLJ1414
H.S. Thakur, J.1. This is an appeal filed by the appellants/contemners under Section 19 of the Contempt of Courts Act, 1971 against the judgment of the learned single Judge (T.R. Handa, J.) whereby the appellants have been punished with simple imprisonment for a period of two months and to pay a fine of Rs. 2000/- each, for committing the contempt of the Court.2. The relevant facts culminating in the contempt proceedings may be stated in brief. The appellants, besides others, were the Directors of the Company known as Hypine Carbons Limited, Nalagarh. A petition for winding up of the Company was filed in this Court on 31-3-1977. After a protracted trial, this Court on 16-5-1978 passed orders that the affairs of the aforesaid Company be compulsorily wound up and necessary further steps in this behalf be taken. Against this order of the winding up, the Company preferred an appeal being Coy. Appeal No. 1 of 1978. An application under Section 466 of the Act read with Rule 9 of the Company ...
Smt. Shakuntla Vs. Rattan Lal
Court: Himachal Pradesh
Decided on: Jul-15-1981
Reported in: 1981CriLJ1420
ORDERVyas Dev Misra, C.J.1. This revision is directed against the order dated 14-1-1981 of Shri R.C. Sharma, Sub Divisional Judicial Magistrate, Hamirpur, dismissing the wife's application for maintenance under Section 125 of the Code of Criminal Procedure.2. It is not in dispute that the petitioner and the resppndent were duly married. The wife made an application under Section 125, Cr.P.C. alleging that the husband is ill-treating her because of her black complexion and has developed illicit relations with one Kanta who was employed in the same place where the husband was working. The wife also averred that she was being kept in village Bishnu whereas the husband was working at Bilaspur, and that she was maltreated at that place also.3. The husband resisted this application. After denying all the allegations made by the wife, the husband alleged that the wife was leading an unchaste life.4. The Magistrate dismissed the application on the ground that allegations of unchasjity were not...
Nisapati Vs. Smt. Gyatri and ors.
Court: Himachal Pradesh
Decided on: Jul-10-1981
Reported in: AIR1982HP8
ORDERT.R. Handa, J.1. The petitioner has come up in revision against the order dated 21-12-1978 recorded by the Additional District Judge, Mandi on an application purporting to have been made under Order XXII, Rule 4 read with Section 151 of the Code of Civil Procedure on behalf of the respondents.2. The facts which have given rise to this revision petition are not very much in dispute. The present petitioner Nisapatti brought a suit in the Court of Subordinate Judge, Mandi against his brother Lekh Raj and his mother Smt. Achhri for a declaration that certain property as detailed in the suit was ancestral in nature in which all the three parties named above had equal share and that the same was liable for partition in accordance with such shares. Shri Lekh Raj the brother of the petitioner contested the suit claiming that he was the exclusive owner of the property in question as it was his self acquired property. Smt. Achhri the mother of the petitioner did not contest. Shri Lekh Raj e...
Dipu Vs. the State of Haryana and ors.
Court: Himachal Pradesh
Decided on: Jul-02-1981
Reported in: AIR1982HP67
Vyas Dev Misra, C.J.1. This appeal under Section 110-D of the Motor Vehicles Act is directed against the judgment of Motor Accident Claims Tribunal Solan dismissing the claim of the appellant.2. On 2nd Oct., 1970 the appellant, aged about 9 years, was standing on the left side of the Simla-Kalka highway near a bifurcation of Subathu Road at Saproon, Solan. Bus No. HRA-1242, owned by respondents 1 and 2, and driven by respondent No. 3, passed that site at about 10.30 A.M. The appellant was hit by the rear portion of the bus. The conductor of the bus gave a signal to the driver to stop the bus shouting that a child had been hit. The bus was stopped. The appellant who was lying unconscious on the road was picked up and removed to Civil Hospital, Solan. Thereafter the matter was reported to the police.3. The appellant was saved from death by the expert treatment given to him at Solan. However, he lost his memory. He has also lost control on the movement of his limbs and is not in a positio...
- ‹ Prev
- Next ›