Himachal Pradesh Court April 1982 Judgments
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Dhani Ram Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Apr-27-1982
Reported in: 1982CriLJ1546
V.P. Gupta, J.1. The Sessions Judge, Dharamsala, by his judgment dated 9-10-1980 has convicted the appellant under Section 302, I.P.C, (for having committed the murder of his wife, Maya Devi) and under Section 309, I.P.C. (for attempting to commit suicide himself), and has sentenced him to rigorous imprisonment for life under Section 302, I.P.C. and simple imprisonment for one year under Section 309, I.P.C. and both the sentences are to run concurrently.2. Feeling aggrieved from this judgment of the Sessions Judge the appellant has filed this appeal.3. The charge against the appellant is that on 5-4-1977. he committed the murder of his wife, Smt. Maya Devi, at village Bandian, Tehsil Palampur, and thereafter attempted to commit suicide himself.4. Appellant was committed to the Court of Session at Dharamsala vide orders of (he Judicial Magistrate, Palampur, dated 26-7-1977.5. The Superintendent of District Jail, Dharamsala (where the appellant was in judicial custody) had written a lett...
Mohinder Kumar Sood Vs. H.P. Public Service Commission and ors.
Court: Himachal Pradesh
Decided on: Apr-20-1982
Reported in: AIR1982HP78
V.D. Misra, C.J.1. The last examination for recruitment to the Hima-chal Pradesh Judicial Service (referred to as the Service) was held by the Himachal Pradesh Public Service Commission (referred to as the Commission) in 1975. In this examination 12 candidates were selected and appointed to the Service. Thereafter from time to time the High Court asked the State Government for recruitment of more persons to the Service to fill vacancies in the Service. The Commission issued an advertisement inviting applications for the competitive examination. The advertisement appeared in the newspapers on 1st January, 1980. As this advertisement was found to be defective, it was withdrawn by the Commission. Another advertisement in October, 1980 was issued by the Commission for recruitment of 9 persons to the Service. As many as 8 seats were reserved for Scheduled Castes, Scheduled Tribes and Ex-servicemen. The examination was proposed to be held on 22nd December, 1980. Before the examination could ...
Milkhi Ram and ors. Vs. Raghunandan and ors.
Court: Himachal Pradesh
Decided on: Apr-19-1982
Reported in: AIR1982HP87
ORDERT.R. Handa, J.1. This petition in revision filed under Section 115 of the Civil P. C. raises a simple but interesting question of law.2. The facts giving rise to this petition do not appear to be in dispute and may be briefly sketched like this:3. S/Shri Raghunandan, Purshotam Chand, Prakash Chand and Dewan Chand, respondents Nos. 1 to 4, were joint owners in equal shares of a piece of land measuring 3 kanals and 15 marlas comprised in Khasra No. 472 as per jamabandi for the year 1962-63 of Tika and Mauza Moodla Khas, Tehsil Kangra. In the year 1968 these respondents filed a civil suit against the present petitioners for possession of a small area measuring 3 sarshais only forming part of the aforesaid khasra No. 472 on the allegation that the petitioners had illegally encroached upon this much portion of khasra No. 472, a consent decree for possession in respect of the area of 3 sarshais forming part of Khasra No. 472 as claimed in the suit, was passed in favour of the respondent...
Smt. Vidya Devi and ors. Vs. State of Himachal Pradesh and ors.
Court: Himachal Pradesh
Decided on: Apr-13-1982
Reported in: AIR1982HP89
V.P. Gupta, J.1. The appellants have filed this appeal against the award, dated 12th April, 1978, of the Motor Accidents Claims Tribunal, Simla (hereinafter called the Tribunal).2. The brief facts are that Ram Saran was travelling in truck No. HPS 1036 on 20th April, 1974, when this truck met with an accident near Chhots Simla on the Dhalli-Shoghi Road. Ram Saran died as a result of the accident and the present appellants are his legal heirs being the widow and the sons. The appellants filed a claim petition claiming a compensation of Rs. 1,00,000/- for the death of Ram Saran against the respondents on the allegations that Ram Dass (respondent No. 3) was driving the vehicle rashly and negligently and that the accident was caused on account of his rashand negligent driving. The truck was in the ownership of respondents 1 and 2 and Ram Dass (respondent No. 3) was employed as a driver by respondents 1 and 2.3. The application of the appellants was contested by the respondents and on the p...
State of Himachal Pradesh Vs. Sita Ram and ors.
Court: Himachal Pradesh
Decided on: Apr-07-1982
Reported in: 1982CriLJ1696
ORDERVyas Dev Misra, C.J.1. This is a reference made by Sessions Judge, Nahan. The point referred for decision is:Whether a Sessions Judge is debarred from trying a case which has been previously committed by him under Section 209 Cr. P.C. in his capacity as a. Chief Judicial Magistrate? 2. The relevant facts are these. Shri A.L. Vaidya was working as Chief Judicial Magistrate, Nahan, in 1978. The accused-respondents were produced before him by the police with a report that the accused have committed offences under Sections 302/307/447/427/147/148/149 of the Penal Code, The Magistrate, after ensuring that copies of the statements of the witnesses and of all other documents on which the prosecution relied were given to the accused, committed them to face a trial before the Court of Session. The then learned Sessions Judge framed a charge against the accused under Sections 304(Part-I) 325/148/149 of the Penal Code. However, when the case came up for trial, Shri A.L. Vaidya came to be the...
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