Himachal Pradesh Court September 1984 Judgments
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Hans Raj and anr. Vs. the State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Sep-28-1984
Reported in: 1985CriLJ1463
T.R. Handa, J.1. Shri Hans Raj appellant No. 1 in Criminal Appeal No. 59 of 1983 is the father of Som Dutt appellant No. 2 of that appeal. Sarvshri Shiv Kumar Dinesh Kumar appellants in Criminal Appeal No. 60 of 1983 are also the sons of the said Shri Hans Raj. All these appellants were jointly tried for the offences falling under Section 302/34 and 307/34 I. P. C. in the Court of the Sessions Judge, Hamirpur and Una districts at Una. The learned Sessions Judge found all of them guilty and vide his judgment dated 2-7-1983 convicted them under Section 302/34 and also under Section 307/341. P. C. Later vide his separate order of even date, the learned Sessions Judge sentenced each of the appellants to undergo life imprisonment for the offence under Section 302/34 I. P. C. and to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1,000/- for the offence under Section 307/34 I. P. C. Hans Raj appellant was further sentenced to pay a fine of Rs. 3,000/- for the offence u...
Salo Vs. Munshi Ram and ors.
Court: Himachal Pradesh
Decided on: Sep-21-1984
Reported in: AIR1985HP85
ORDERV.P. Gupta, J.1. Munshi Ram respondent 1 (hereinafter the plaintiff) filed a suit for declaration to the effect that he is the owner in possession of the land measuring 1 kanal and 17 marlas comprising khasra No. 50 of Tika Upahu Mauza Ladwara Tehsil Kangra, as detailed in the plaint (hereinafter called the suit land) with trees including an arjan tree situate in the suit land with permanent injunction against Salo petitioner (hereinafter defendant No. 1) and respondents 2 to 5 (hereinafter defendants 2 to 5) to the effect that the defendants should not interfere with the plaintiffs rights in any manner whatsoever and should not cut or remove the trees from the suit land.2. The plaintiff alleges that he is the owner of the suit land along with the trees by way of gift and that the defendants have no concern with the land and the trees. It is further alleged that the defendants are threatening to interfere with the plaintiffs rights and are also trying to cut or remove the trees fo...
Dr. Sudesh Kumar Bhalla and ors. Vs. H.P. Krishi Vishva Vidyalaya and ...
Court: Himachal Pradesh
Decided on: Sep-19-1984
Reported in: AIR1986HP49
P.D. Desai, C.J. 1. The petitioners are presently holding teaching posts in the Himachal Pradesh Krishi Vishva Vidyalaya (hereinafter called the respondent-university). On April 5, 1982 and Jan. 8, 1983, advertisements were issued by the respondent University inviting applications, inter alia, for one post of Professor of Soil Science and three posts of Chief Scientist. In response to the advertisements, petitioners 1 and 2 applied for the posts of Chief Scientists and petitioners 3 and 4 applied for the posts of Chief Scientist as well as for the post of Professor of Soil Science. In accordance with the procedure prescribed in statute 4.5 of the respondent-University, the applications of the petitioners were scrutinised by the screening Committee. The petitioners were then called for interview by the Selection Committee on May 18, 1983. The recommendations of the Selection Committee were placed before the Board of Management of the respondent-University (hereinafter referred to as the...
Girdhari Lal Vs. Union of India (Uoi) and anr.
Court: Himachal Pradesh
Decided on: Sep-17-1984
Reported in: AIR1986HP57
P.D. Desai, C.J. 1. The petitioner was a subject of the former Princely State of Mandi which merged with the Union of India after independence and became a part of Himachal Pradesh on May 1, 1948. According to the petitioner, he was an active participant in the Praja Mandal Movement which aimed at securing the merger of the said Princely State with the Union of India after the country attained independence on Aug. 15, 1947 and he was, therefore, ordered to be detained for a period of six months under Section 4 of the Mandi Stale Public Safety Ordinance under the orders of the Home Minister of Mandi State. Consequently, the petitioner was detained on 8th of Asoj, 2004 (BK) corresponding to Sept. 24, 1947 and was released on 23rd Pausa, 2004 (BK) corresponding to Jan. 7, 1948. On the basis of the above mentioned facts, the petitioner claims that he is entitled to the benefit of grant of pension under the Freedom Fighters' Pension Scheme, 1972, (hereinafter referred to as 'the Scheme'), a...
Nawal Thakur and anr. Vs. State of Himachal Pradesh and anr.
Court: Himachal Pradesh
Decided on: Sep-06-1984
Reported in: 1985CriLJ1729
P.D. Desai, C.J.1. A petition dated Aug. 16. 1984 sent by the first petitioner through the authorities of the Sub-Jail, Kullu, and two letters, each dated Aug. 16, 1984, addressed by the second petitioner, a foreigner, who was at the material time lodged in the Sub-Jail, Kullu, to one of us (Chief Justice), were registered as writ petitions.2. The substance of the complaint in these various petitions is that on Aug. 12, 1984, at about 8 A.M. the second petitioner was accosted in the Bazar at Manali, District Kullu, by three persons, one of whom was in police uniform and the other two were in plain clothes, that she was caught by the arm and forcibly taken to the Shiva Temple for the verification of her passport, that she was then taken to the Police Station, Manali, where she was confined for the night, although no lady-constable was on duty, that she was produced in the Court of the Additional Chief Judicial Magistrate, Lahaul and Spiti District at Kullu, on the next day, i.e., Aug. 1...
Parkash Chand Mehta Vs. State of Himachal Pradesh and ors.
Court: Himachal Pradesh
Decided on: Sep-05-1984
Reported in: AIR1986HP38
P.D. Desai, C.J.1. On Jan. 23, 1982 the petitioner made an application to the Registering Authority, Ghumarwin, District Bilaspur (respondent No. 2), stating that he had purchased truck No. HPB-1085 from respondent No. 4and that full payment of the consideration for the vehicle to the extent payable to the said respondent was duly made and praying that the vehicle be transferred in the petitioner's name. An affidavit of respondent No. 4, which accompanied the application, was duly sworn on Jan. 13, 1982 before the Executive Magistrate, Bilaspur District, and it bears his signature in English. -The affidavit affirmed that the vehicle in question was sold by respondent No. 4 to the petitioner on Jan. 13, 1982, that the sale price agreed upon by and between the parties was Rs. 1,34,000/-, that a sum of Rs. 44,000/- was received by respondent No. 4 towards the sale price, that the balance amount of Rs. 90,000/-was payable to the United Commercial Bank, Beri, Tehsil Sadar, District Bilaspur...
Smt. Bimla Poddar and ors. Vs. Union of India (Uoi) and ors.
Court: Himachal Pradesh
Decided on: Sep-04-1984
Reported in: AIR1985HP71
ORDERV.P. Gupta, J.1. Shri Narain Prasad Poddar(hereinafter (referred as) deceased) was working as Assistant Commercial Manager in Giovanola Binny Ltd. (hereinafter company) carrying on its business at Cochin. He was required to visit various places and meet parties in connection with the business dealings of the company. The company in the year 1971, entered into a contract with defendant 1 for carrying out various works at the Baira Siul Hydro-Electric Project (hereinafter the project) for a total sum of Rs. 98,34,430/-. In connection with these works the deceased was to represent the company and have discussions and consultations with the project authorities.2. Plaintiff 1 is the wife, plaintiffs 2 to 4 are minor daughters, plaintiff 5 is father andplaintiff 6 is the mother of the deceased.3. The plaintiffs allege that the deceased arrived at Surangani on or about 4-1-1974where the office of defendant 1 is located. Defendant 1 for carrying out the project owns and maintains a field ...
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