Himachal Pradesh Court July 1986 Judgments
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Kamla Devi Vs. State of Himachal Pradesh and ors.
Court: Himachal Pradesh
Decided on: Jul-24-1986
Reported in: AIR1987HP34
P.D. Desai, C.J.1. Yesterday we passed an order allowing the petition but the judgment could not be delivered for want of time. We proceed to do so now.The factual matrix :2. The petitioner is the wife of the second respondent (hereinafter referred to as 'the: respondent'). The parties were married in the month of February, 1980. After the marriage, the respondent has been living with the petitioner in a house constructed by her parents. Two sons (twins) were born out of. the wedlock in the month of May, 1981. Thepetitioner alleges that the respondent, Who is a habitual drunkard, has been maltreating her since 1982. Frequent quarrels and cruel beatings have almost become a daily routine.3. According to the petitioner, the respondent returned home at about 9 a.m. on July 12, 1986. He was under the influence of liquor. He asked for the custody of the children since he wanted to go away with them. When the petitioner refused to oblige, he tried to forcibly snatch away the children. The pe...
Smt. Prem Latta Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Jul-04-1986
Reported in: 1987CriLJ1539
V.P. Bhatnagar, J.1. The effect of non-compliance of the provisions of sub-section (4) of Section 100, Cr. P.C. falls for determination in this criminal revision.2. The prosecution case is that Police Head Constable Shri Bhagwan Singh (PW-3) was investigating a case at village Ghungar, in Police Station Palampur on April 24,1983 when he received a secret information that Prem Lata was in possession of illicit liquor and Lahan. Thereupon, he constituted a raiding party consisting of Excise Inspector Arjun Singh (PW-2), Shri Gopi Chand (PW-1) and Shri Mohinder Singh. This party conducted search of Prem Lata's house and recovered one tin containing 5 kgs. of Lahan. The Excise Inspector tested the contents of the tin and found that Lahan contained therein was fit for distillation. This ultimately resulted in the filing of a challan and the conviction of the accused under Section 61(l)(q) of the Punjab Excise Act as applicable to the State of Himachal Pradesh.3. It stands clearly establishe...
State of Himachal Pradesh Vs. Smt. Lila Devi and ors.
Court: Himachal Pradesh
Decided on: Jul-02-1986
Reported in: AIR1987HP46
V.G. Gupta, J.1. Shri Roshan Lal predecessor in interest of the respondents, purchased lot No. 2/64-66 of Chopal Forest Division along with other lots of Chopal and Rajgarh forest divisions in an open auction held on 7-2-1964 at Nahan for an amount of Rs. 5,40,000/-.2. An agreement (Ex. PX-1) regarding thissale of trees was entered into between ShriRoshan Lal and the Union of India. Theagreement was signed by the Secretary(Forest) to the Himachal Pradesh GovernmentSimla who also happened to be the ChiefConservator of Forests on behalf of Union ofIndia. Clause 29 of the agreement providesthat disputes between the parties were to bereferred for arbitration to the DeputyCommissioner Sirmour district or should he be unable or unwilling to act, to such assistant as the said Deputy Commissioner shall appoint as sole arbitrator.3. Disputes arose between the parties and Shri Roshan Lal (now deceased) vide letter dated 29-1-1971 addressed to the Secretary (Forests) Government of Himachal Prades...
Smt. Usha Rani and ors. Etc. Vs. Himachal Pradesh Road Transport Corpo ...
Court: Himachal Pradesh
Decided on: Jul-01-1986
Reported in: I(1987)ACC259,AIR1987HP49
V.P. Bhatnagar, J.1. It is proposed to dispose of F.A.O. No. 33 of 1980 and F.A.O. No. 104 of 1983 by a common judgment since both the aforesaid appeals have arisen out of an unfortunate accident which took place on June 22, 1975 at about 6.30 p.m. in between Daunghal and Kararaghal resulting in death of some passengers.2. The only controversy which requires determination in these appeals pertains to the just compensation to be awarded under the provisions of Section 110-A and Section 110-B of the Motor Vehicles Act, 1939 to the dependents of the deceased. The principles which would govern the determination of the amount have been very lucidly dealt with and laid down in H.P.R.T.C. v. Jai Ram, ILR (1979) Him Pra 267 : (AIR 1980 Him Pra 16) by a Division Bench of this Court. The ratio of that case was followed in another Division Bench case, namely, State of Punjab v. H. L. Kochhar, ILR (1980) Him Pra 271. Although Jai Ram's case (supra) has not been adverted to in a later decision of t...
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