Himachal Pradesh Court December 1984 Judgments
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Shakti Chand Vs. Chamaru and ors.
Court: Himachal Pradesh
Decided on: Dec-28-1984
Reported in: AIR1985HP95
H.S. Thakur, J.1. This letters patent appeal so preferred by the appellant (purchaser of the land in dispute) against the judgment and decree of the learned single Judge of this Court, D/- 11-12-1974: (reported in ILR(1974) Him Pra 1154).2. A few facts relevant to decide this appeal may be stated. The plaintiffs (the original owners) filed a suit for possession of the land in dispute alleging that the defendant Rirku (whose legal representative Chamaru has been brought on record) executed a document D/-22-12-1964 (Ex. P.1) undertaking to relinquish tenancy rights after harvesting the Rabi Crop 1965. The defendant had not fulfilled the terms of the document and had retained the possession thereby contravening his undertaking. As such, it was prayed that a decree for possession of the land in dispute be granted in favour of the plaintiffs. In the written slatement filed by Rirku, he denied that any such agreement had been entered into by him and it was asserted that a blank document had ...
Bir Singh Vs. the State of Himachal Pradesh and ors.
Court: Himachal Pradesh
Decided on: Dec-26-1984
Reported in: 1985CriLJ1458
P.D. Desai, C.J.1. As observed in the order passed on November 22, 1984, the petitioner had, by that time, undergone substantive sentence of 14 years 11 months and 16 days and total sentence undergone including remission was 21 years and 1 month. The substantive sentence undergone by now is a little over 15 years. The grounds on which the petitioner's case for premature release was not recommended to the Government by the Review Committee, were:1) He was convicted for committing the murder of his father on a slight provocation;2) There was no occasion to watch his conduct outside jail in view of the fact that parole/furlough could not be granted to him during the entire period of imprisonment because no person was willing to stand surety for him; and3) The District Magistrate/Superintendent of Police, Kangra did not recommend the case for premature release since the Panchayat apprehended 'breach of peace' in case he was released.2. The norms which are prescribed for premature release o...
AmIn Chand and ors. Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Dec-19-1984
Reported in: 1985CriLJ1450
V.P. Bhatnagar, J.1. This appeal is directed against the judgment of the learned Sessions Judge, Shimla, dated August 29,1983, whereby accused Amin Chand was convicted under Section 302 I.P.C. and sentenced to life imprisonment and to pay a fine of Rs. 2,000/- and in default to undergo further rigorous imprisonment for six months. The Sessions Judge also convicted the said accused under Section 323 of the Penal Code and sentenced him to undergo rigorous imprisonment for one month thereunder. The other two accused, Pushpa and Bija Ram, were also convicted under Section 323 of, the Penal Code and sentenced to undergo imprisonment till the rising of the Court and to pay a fine of Rs. 500/- each and in default to undergo simple imprisonment2. By a short order made on December 19, 1984, we accepted this appeal, quashed the conviction and sentence against the appellants and ordered their acquittal Accused Amin Chand was in jail and it was directed that he should be released forthwith, if not...
Raj Paul Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Dec-10-1984
Reported in: 1985CriLJ1501
V.P. Gupta, J.1. The appellant was employed as an accountant in the office of the Chief Medical Officer, Chamba in May/June 1973. One Anant Ram s/o Sukhdyal (now deceased) was employed as a peon in the health department in civil dispensary, Killar, District Chamba. The prosecution version is that Anant Ram wanted an advance of Rs. 10,000/- for carriage of medicines from Chamba to Killar and an advance of Rs. 7,000/- was sanctioned. The appellant was to pay Rs. 7000/- to Anant Ram on 26-5-1973, but according to Anant Ram he was paid only Rs. 5000/- and the remaining amount of Rs. 2000/- was retained by the appellant. Anant Ram took medicines from Chamba. He again visited Chamba on 15-6-1973 and gave receipts worth Rs. 4514.23 to the appellant. On the asking of the appellant, he destroyed the receipts and the appellant prepared fresh forged receipts valued at Rs. 8730/- with the result that a bill for withdrawing an amount of Rs. 8730/- was prepared. The appellant had initialled all thes...
Nokhia and ors. Vs. State of Himachal Pradesh and ors.
Court: Himachal Pradesh
Decided on: Dec-05-1984
Reported in: AIR1985HP88b
P.D. Desai, C.J.1. A letter addressed to this Court through one of us (Chief Justice) by fourteen persons, all belonging to the schedule castes, has been registered as writ petition. The petitioners have averred in the petition that they are residents of village Chakrali, tehsil and district Shimla an area or region which is 'perhaps one of the poorest in Shimla district because there is hardly any perceptible source of livelihood'. According to the petitioners, they hold small pieces or parcels of land which are mostly of 'qhasni' variety and earn their livelihood by selling grass and working as agricultural labourers or labourers employed on projects such as construction of roads etc.2. The main grievance of the petitioners is that the State Government took up the work of construction of a link road from Bhatla Kuffar to Koti in the year 1977 without payment of compensation as a result of which they have been deprived of their holdings or portions thereof since about seven years with...
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