Himachal Pradesh Court April 1985 Judgments
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Smt. Shakuntla Devi Vs. Smt. Amar Devi
Court: Himachal Pradesh
Decided on: Apr-02-1985
Reported in: AIR1985HP109
H.S. Thakur, J. 1. This is a Letters Patent Appeal against the judgment of the learned single Judge of this Court.2. A few facts relevant to decide this appeal may be stated. Shri Sansar Chand filed a suit for redemption of a mortgage. It was a mortgage with possession. Shri Sansar Singh alleged that he mortgaged the property in dispute in May, 1950 in favour of Smt. Amar Devi for a consideration of Rs. 300/-. It was contended by him that the entire amount stood paid off because the mortgagee was in possession and she felled a number of trees and thereby the entire mortgage money stood paid off and that he was entitled to the possession of the property without payment of any amount. Smt. Amar Devi controverted the allegations of Shri Sansar Singh plaintiff and contended that no trees were cut by her and the entire mortgage money was due to her though she remained in possession. It was also contended by her that Shri Sansar Singh executed a gift deed on March 12, 1959 in favour of Shri ...
State of Himachal Pradesh Vs. Govind Ram and ors.
Court: Himachal Pradesh
Decided on: Apr-02-1985
Reported in: 1985CriLJ1384
H.S. Thakur, J.1. The State has filed this appeal against the judgment and order dated August 11,1978, of the learned Sessions Judge, Mandi, Kullu & Lahaul-Spiti districts at Mandi, whereby the accused/respondents were acquitted by giving them the benefit of doubt.2. Necessary facts to decide this appeal may be stated. The respondent Govind Ram was Charged under Sections 302, 147/149, 148/149 and 149 I.P.C. whereas the respondents Balku, Chuharu, Smt. Purnu and Gawainu were charged under Sections 147/149, 148/149 and 324 I.P.C. The prosecution case is that on June, 5, 1974 at village Rao within Police Station, Balh, all the respondents with an intention to commit .offences and to intimidate the complainant's party, formed an unlawful assembly and, armed with axes, 'drants' sickles and 'dandas' forcibly entered into the fields belonging to Bhagirath and Mania sons of Gayahru. Govind Ram respondent had an axe, Balku accused a 'drant' while accused Chuharu had also an axe. Smt. Purnu and ...
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