Himachal Pradesh Court May 1985 Judgments
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State of Himachal Pradesh Vs. Smt. Sheelan Devi
Court: Himachal Pradesh
Decided on: May-24-1985
Reported in: 1986CriLJ245
R.S. Thakur, J.1. This appeal under Section 377 of the Criminal P.C. has been directed against the order of conviction passed by the learned Sessions Judge, Hamirpur, dated January 8, 1981, in a case under S, 436 of the Penal Code whereby he held the respondent-accused Sheelan Devi (hereinafter referred to as the accused) guilty for the said offence but instead of sentencing her he extended the benefit of the provisions of Section 360 read with Section 361 of the Cr. P.C. and ordered her release subject to her furnishing personal bond with one surety in the sum of rupees 5,000/- each for a period of three years and to come and receive sentence within the said period as and when called upon to do so and in the meantime to keep peace and be of good behaviour. Besides this, he also made her release subject to payment of Rs. 1500/- as compensation to the complainant Sarwan Kumar.2. The prosecution case against the accused before the trial Court was that the accused and the complainant Sarw...
Himachal Road Transport Corporation Vs. Smt. Kaushalya Devi and ors.
Court: Himachal Pradesh
Decided on: May-10-1985
Reported in: II(1986)ACC66,AIR1986HP21
P.D. Desai, C.J.1. The accident giving rise to the claim petition out of which this appeal arises occurred on June, 20, 1983 at about 7 A.M. near village Baknaghat on the Kalka-Shimla Road. One Nek Ram, aged about 42 at the material time, who was employed as Head Constable in the Himachal Pradesh Police Force, was crushed under the vehicle (passenger bus) owned by the appellant. The Tribunal has found that the bus, which was deployed to run between Solan and Chhausa, had started on June, 19, 1983 at about 8 P.M. and that it was halted mid-way at Kandaghat in the night intervening between June, 19 and June, 20, 1983. The version of the driver of the bus that the halt was required to be taken on account of some mechanical defect does not appear to have been accepted by the Tribunal. When the bus started early next morning and reached near village Baknaghat, the driver of the bus left the vehicle for the alleged purpose of answering the call of nature. The Tribunal has found that there wa...
Punjab Wakf Board, Ambala and anr. Vs. Gram Sabha, Basoli and anr.
Court: Himachal Pradesh
Decided on: May-09-1985
Reported in: AIR1986HP23
H.S. Thakur, J.1. This Letters Patent Appeal is directed against the judgment of the learned single Judge of this Court who dismissed the second appeal preferred by the appellants.2. Material facts to determine this Letters Patent Appeal may be stated. The appellants-plaintiffs (hereinafter to be referred to as the plaintiffs) filed a suit against the respondents/defendants (hereinafter to be referred to as the defendants) for declaration that the 'Pirsthan' or Dargah property known as 'Pirnigahia' as detailed in the head note of the plaint is a place of worship and a Dargah,dedicated tor pious and religious purposes recognized by the Muslim Law and that it fell within the definition of 'Wakf as contained in the Wakf Act, 1954 (hereinafter called the Act) and that on the enforcement of the Act, the property had vested in the plaintiff-Wakf Board. It was stated that the mutation sanctioned in favour of the defendant-Gram Panchayat, of the said property was wrong and illegal. H was furth...
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