Himachal Pradesh Court September 1981 Judgments

Himachal Pradesh Financial Corporation, Simla Vs. Nahan Electricals Vi ...

Court: Himachal Pradesh

Reported in: AIR1982HP49

V.P. Gupta, J. 1. This reference has been made by the District Judge, Nahan, in a petition under Section 31 of the State Financial Corporations Act, 1951 (hereinafter shortly called the Act).2. The petitioner filed a petition under Section 31 of the Act on 3rd Dec., 1977 against the respondent and the respondent in reply raised various objections. After a rejoinder the learned District Judge framed the following preliminary issues in view of the preliminary objection No. 2 raised by the respondent.'1. Whether the provisions of Section 31 of the State Financial Corporations Act, 1951, are ultra vires to the Constitution of India? O.P.R. 2. Relief.' After the framing of the issues the District Judge passed the following order on 5th August, 1978 :'Since the objection involves the decision of the vires of the Constitutionwhich is not within the purview of thisCourt, the matter is referred to theHon'ble High Court for decision on thepoint. The file be submitted to the Hon'bleHigh Court for...

Tilak Raj Vs. Dinesh Kumar and ors.

Court: Himachal Pradesh

Reported in: AIR1982HP62

ORDERH.S. Thakur, J.1. In this revision petition, Shri Tilka Raj petitioner has assailed the order of the learned District Judge, Mandi, Kulu and Lahaul Spiti districts, at Mandi, dated 23rd of April, 1980, who upheld the order of the learned Senior Sub Judge, Mandi, dated 27th November, 1979, appointing Shri Amar Chand Sharma as receiver.2. The facts and circumstances as they emerge from the record may be stated.3. The dispute between the parties relates to a shop situated in Chohatta Bazar, Mandi. The petitioner filed an application under Section 145 Cr. P. C. on 24th April, 1978, alleging that the respondents overlooked the disputed shop in his absence on 1st April, 1978 and were threatening him that in case he entered the shop he would be killed. The learned Sub Divisional Magistrate concerned after passing the preliminary order under Section 145 Cr. P. C. recorded the evidence of the parties and came to the conclusion that the actual possession of the shop was with the petitioner ...

Nanda Vs. Punnu Ram and ors.

Court: Himachal Pradesh

Reported in: AIR1982HP38

V.P. Gupta, J.1. This is a defendant's appeal against the judgment and decree, dated 9th Oct. 1980, passed by the Additional District Judge Kangra at Chamba, by which the appeal of the plaintiff-respondent was accepted and the judgment and decree, dated 24th Oct., 1979, passed by the Sub Judge, Dalhousie, dismissing the suit of the plaintiff-respondent, was set aside,2. The brief facts are that the plaintiff-respondent No. 1 filed a suit seeking declaration that the order of the Collector, dated 30th Mar, 1972 (Exhibit PJ) is null, void and ineffective on the rights of the plaintiff, and that the plaintiff is entitled to redeem the disputed property. The plaintiff also prayed that he be granted a decree for possession of the disputed property, bearing khasra numbers 137, 147, 154, 158, 171 and 180 situate in Mohal Ghanetar, Pargana Kihar, Tehsil Churah, District Chamba, without payment of any mortgage amount. It is alleged that one Beej Ram was the owner of the disputed property and he...

Surinder Kumar Vs. State

Court: Himachal Pradesh

Reported in: 1982CriLJ548

ORDERVyas Dev Misra, C.J.1. This revision is directed against the order of the Additional Chief Judicial Magistrate, Simla, calling upon the accused-petitioner to deposit expenses of the witnesses summoned by him,2. The petitioner along with others is being tried for offences Under Sections 465, 468, 471, and 120-B of the Penal Code. After the prosecution had closed its case the petitioner was duly examined under the provisions of Section 313 of the Code of Criminal Procedure, The petitioner made an application summoning various persons as defence witnesses. One of the witnesses summoned ly the petitioner is Shri Des Raj Sood. This witness is stated to be presently living at New Delhi. The Magistrate issued a summons to this witness and directed the petitioner to deposit Rs. 155/- as expenses for the witness. This amount was duly deposited by the petitioner. However, on the date fixed for hearing neither the witness was present nor the summons was received back after service. The Magis...

Hari Ram Vs. State of Himachal Pradesh

Court: Himachal Pradesh

Reported in: 1982CriLJ294

T.R. Handa, J.1. Shri Hari Ram appellant in Criminal Appeal No. 43 of 1976,-was accused of and tried for the offences tinder Section 120-B, 409 read with Sections 109 and 467, IPC by the Sessions Judge, Bilaspur. The learned Sessions Judge vide his judgment recorded ort 28-8-1976 acquitted this appellant of the offences Under Section 120-B as also Under Section 409 read with Section 109, IPC but convicted him for the other offence Under Section 467, IPC For this conviction Shri Hari Ram appellant was sentenced to undergo imprisonment till the rising of the Court and to pay a fine of Rs. 500/- and in default of payment of fine to undergo simple imprisonment for one month.2. Criminal Appeal No. 43 of 1976 has been filed by Shri Hari Ram convict against the aforesaid order of the Sessions Judge convicting and sentencing him for the offence Under Section 467, T. P. C. Criminal Appeal No. 11 of 1977 has been preferred by the State against the order of the learned Sessions Judge in so far as...

Rajvinder Singh Vs. State of Punjab

Court: Himachal Pradesh

S.S. Sandhawalia, C.J.1 to 12. x x x x13. As was noticed at the outset, Mr, Mulla had confined his argument to the vain attempt to bring the case of the appellant within the narrow confines of Exception I to Section 300, IPC It was submitted that the appellant, when he arrived at village Nathewala, had of course no inkling that Mithu Singh deceased or his brother would be present thereat. The meeting of the appellant and his victim was consequ-. ently labelled as sudden and unintentional. On these premises, it was submitted that, in the context of some conjugal estrangement between Jusjit Singh and his wife, the appellant was suddenly provoked to launch the fatal assault and, therefore, is entitled to the benefit of the aforesaid Exception.14. I am afraid, on the established facts in the present case, it is not even remotely possible to subscribe to the above contention. Though the language of Exception I to Section 300, IPC is well known, yet it might be aptly quoted :Culpable homicid...

Balbinder Singh Vs. the Secretary to Government, Punjab and ors.

Court: Himachal Pradesh

Reported in: AIR1982HP50

T.R. Handa, J. 1. The appellant filed a claim petition under Section 110-A of the Motor Vehicles Act before the Motor Accidents Claims Tribunal claiming a compensation of Rs. 2,50,000 against the respondents. The learned Tribunal vide its award dated 29-6-1974 dismissed that claim of the appellant. Feeling aggrieved the appellant has now approached this Court in appeal under Section 110-D of the Motor Vehicles Act.2. The case for the appellant is that on 16-6-1968 at about 5 p.m. he along with his two friends Balbinder Singh son of Shri Dogar Singh (P.W. 2) and Sukh-dev Singh (P.W. 3) proceeded from Nan-gal towards Una in private car No. PNU 6483 belonging to his father. The appellant was himself driving the said car. Near a village known as Jalgran which falls between Nangal and Una and is about 1'6 kilometres from Nangal, the car of the appellant developed some mechanical trouble on account of which the appellant stopped the vehicle and parked it on the kacha road on his left side. H...