Himachal Pradesh Court May 1989 Judgments
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Smt. Shakuntala Devi and ors. Vs. Surinder Kumar and ors.
Court: Himachal Pradesh
Decided on: May-31-1989
Reported in: AIR1991HP13
ORDERBhawani Singh, J.1. This revision arises out of the judgment of the Appellate Authority (II) under the H. P. Rent Control Act, 1971 in case No. 13-S/14 of 1987/88 decided on 1-6-1988 as a Civil Misc. Appeal. By this judgment, the appellate authority allowed the prayer of the landlords (hereinafter to be referred to as the respondents) Under Order 23, Rule 1, C.P.C. thereby permitting them to withdraw the petition with permission to file a fresh petition on the same cause of action. The tenants (hereinafter to be referred to as the petitioners) feel aggrieved by this judgment and, therefore assail the same by this revision petition.2, The facts, in brief, are that the respondents filed an application under Section 14 of the H. P. Rent Control Act, 1971 before the Rent Controller, Shimla, on the ground that the petitioner had, without the permission of the respondents, committed such acts which have impaired materially the value and utility of the premises in question and that these...
Jito Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: May-31-1989
Reported in: 1990CriLJ1434
Bhawani Singh, J.1. This appeal, by the accused, arises out of the judgment of Sessions Judge, Kangra Division, in Sessions Trial No. 11 of 1985 decided on 31-12-1985. In this case, under Section 376 of the Indian Penal Code, the accused has been convicted and sentenced to undergo simple imprisonment for a period of three years; however, held entitled to the benefit of the provisions of Section 428 of the Code of Criminal Procedure. The accused has a grievance against this judgment and, therefore, urges to set aside the same by this appeal.2. The prosecution case, in brief, is that the accused, a resident of Bala in Mauza Rakha raped Kumari Nisha (9 years) on 1-8-1984. It was a rainy day and she was going to her house after collecting fuel-wood. The place of occurrence was near a bowli, located near a resting place 'Sandhbehar' for cattle. She came home, went to her bed and apprised her mother only next morning and this fact was narrated to her father when he came back from the fields ...
State of Himachal Pradesh Vs. Naval Thakur
Court: Himachal Pradesh
Decided on: May-31-1989
Reported in: 1991CriLJ1377
ORDERBhawani Singh, J.1. The State of Himachal Pradesh, approaches this Court, by this petition Under Sections 397, 401 read with Section 482 of the Code of Criminal Procedure (hereinafter to be referred to as the Code) for quashing two orders dated June 6, 1986 and June 23, 1986 passed by the Additional Chief Judicial Magistrate, Kullu.2. The facts, in brief, are that Naval Thakur (hereinafter to be referred to as the respondent and the State as petitioner) filed a complaint Under Section 153-A, 295-A, 298, 447, 420 and 409 of the Indian Penal Code in the Court of the Chief Judicial Magistrate, Kullu, against S. Buta Singh, Union Home Minister, Govt. of India, and Sh. Vir Bhadra Singh, Chief Minister, Himachal Pradesh on 4-6-1986.3. The Additional Chief Judicial Magistrate, Kullu, to whom this complaint was assigned by the Chief Judicial Magistrate, Kullu, on 4-6-1986 recorded the statement of the respondent Under Section 200 of the Code and on the same day sent copy thereof to the St...
Laiq Ram Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: May-15-1989
Reported in: 1990CriLJ1350
ORDERBhawani Singh, J. 1. The petitioner, by this petition under Section 482 of the Code of Criminal Procedure seeks to quash the registration of an F.I.R. No. 20 of 1986 at Police Station Dharampur. The investigation being carried out pertains to Sections 406/420 of the Indian Penal Code. The petitioner, by this petition has a grievance against the Police for his inclusion in the investigation of this case as an accused.2. The petitioner alleges that he remained President of Gram Panchayat Sharyana between 1970-1985. In 1985 elections he was defeated. He filed an Election petition before the Deputy Commissioner and the election of the opponent was set aside and the matter is stated to be pending in this Court under the Writ jurisdiction.3. The petitioner further asserts that during his tenure as President of the Panchayat, number of works were undertaken and completed. It was due to the successful tenure of the petitioner that the opponents felt envious of the same, so, they were on t...
Himachal Road Transport Corporation Vs. Vinod Mahajan and ors.
Court: Himachal Pradesh
Decided on: May-15-1989
Reported in: II(1989)ACC337
Bhawani Singh, J.1. The present appeal under Section 110-D of the Motor Vehicles Act challenges the award of the Motor Accident claims Tribunal, Hamirpur, in claim Petition No. 2 of 1977 decided on 8-9-1981 as the Himachal Pradesh Road Transport Corporation has a grievance against this award.2. The brief facts giving rise to this appeal are that respondent No. 5, Sh. Hari Har, was the driver of bus No. HPM-45. It was owned by the Himachal Road Transport Corporation. On 17-11-1976 while going from Hamirpur to Nadaun, it hit the scooter HPK-1068 coming from Nadaun towards Hamirpur, driven by Abhilash Chander Mahajan, Junior Engineer, with his wife Smt. Vinod Mahajan on the pillion seat. The husband died while respondent No. 1 sustained as many as 17 injuries on various parts of her body. Smt. Vinod Mahajan remained under medical treatment in hospitals including Post Graduate Institute of Medical Sciences and Research, Chandigarh, for a period of more than two months. Smt. Vinod Mahajan, ...
Smt. Satya Devi and anr. Vs. Ravinder Kumar and ors.
Court: Himachal Pradesh
Decided on: May-10-1989
Reported in: AIR1990HP43
V.K. Mehrotra, J.1. One Mirchu Ram was a tenant of the premises known as Shop No. 19 Ganj Bazar, Shimla. S/Shri Ravinder Kumar and Ashok Kumar are its owners. Mirchu Ram was a tenant from month to month. The tenancy was to come to an end with effect from February 28, 1962. However, Mirchu Ram continued to remain in possession of the shop even thereafter. He was protected against his eviction by the provisions of the East Punjab Urban Rent Restriction Act, 1949 (hereafter, 'the East Punjab Act') which was then in force in this area. Mirchu Ram died on January 12, 1970. He left behind his widow and a daughter as the two heirs. The widow died on February 9, 1972.2. The Himachal Pradesh Urban Rent Control Act, 1971 (for brief, 'the Act of 1971') came into force in all urban areas in. Himachal Pradesh with effect from November 17, 1971, when it was first published in the Himachal Pradesh Gazette (Extraordinary). At that time the widow was alive. Under Section 4 of this Act the widow was per...
State of Himachal Pradesh and ors. Vs. Smt. Shanta Devi and ors.
Court: Himachal Pradesh
Decided on: May-10-1989
Reported in: AIR1990HP41,[1989]66CompCas845(HP)
V.P. Bhatnagar, J.1. This Full Bench has been constituted pursuant to the following order made on April 12, 1984 by a learned single Judge of this Court in F.A.O. (MVA) No. 8 of 1977 :'12-4-1984 Present : Mr. D. K. Khanna, Advocate, for the HRTCMr. P. N. Nag, Advocate-General, for the State.Mr. Inder Singh, Advocate, for the Respondents.Referred to Full Bench in view of the decision in HRTC v. Jai Ram, ILR (1979) Him Pra 267 : (AIR 1980 Him Pra 16) which requires reconsideration.April 12, 1984(P. D. Desai), C. J.' 2. The facts which led to the filing of the appeal may first be stated. Bus No. HIL-3952 belonging to the Himachal Pradesh Road Transport, on its way to Shimla, met with an accident on August 20, 1972 at Shegali causing death of one of its occupant, namely. Dhananjai. The widow Smt. Shanta Devi and two minor sons of the deceased filed a claim in the court of Motor Accident Claims Tribunal, Mandi for a sum of Rs. 1,75,000/-. The Tribunal by its order dated August 30, 1976 awar...
State of Himachal Pradesh and ors. Vs. Shanta and ors.
Court: Himachal Pradesh
Decided on: May-10-1989
Reported in: II(1989)ACC324
V.P. Bhatnagar, J.1. This Full Bench has been constituted pursuant to the following order made on April 12, 1984 by a learned Single Judge of this Court in F.A.O. (MVA) No. 8 of 1977:12-4-1984 Present: Mr. D.K. Khanna, Advocate for the HRTC Mr. P.N. Nag, Advocate General for the State. Mr Inder Singh, Advocate, for the Respondents. Referred to Full Bench in view of the decision in HRTC v. Jai Ram 1979 ILR (HP) 267), which requires reconsideration. April 12,1984 (P.D. Desai), C.J.2. The facts which led to the filing of the appeal may first be stated. Bus No. HIL-3952 belonging to the Himachal Pradesh Road Transport, on its way to Shimla, met with an accident on August 20, 1972 at Shegali causing death of one of its occupant, namely, Dhananjai. The widow Smt. Shanta Devi and two minor sons of the deceased filed a claim in the court of Motor Accident claims Tribunal, Mandi for a sum of Rs. 1,75,000/-. The Tribunal by its order dated August 30, 1976 awarded compensation amounting to Rs. ...
State of Himachal Pradesh Vs. Lat Singh and ors.
Court: Himachal Pradesh
Decided on: May-05-1989
Reported in: 1990CriLJ723
V.P. Bhatnagar, J.1. (On behalf of Bhawani Singh, J. and himself).'What is the effect of Sections 360 and 361 of the Code of Criminal Procedure, 1973 vis-a-vis the provisioris of the Probation of Offenders Act, 1958? Is Section 360 inapplicable to the State of Himachal Pradesh as the Probation of Offenders Act, 1958 has been brought into force?'are the questions referred by a Division Bench of this Court to a larger Bench for determination. We propose to answer these questions by this judgment.2. The question as framed per se indicates that the provisions of the Probation of Offenders Act, 1958 (hereinafter referred to as 'the Act') apply to the entire area comprised in the State of Himachal Pradesh. This is not disputed.3. That the analogous provisions pertaining to release on probation of good conduct or after admonition contained in Section 562 of the Code of Criminal Procedure, 1898 (for short, 'the 1898 Code') stood superseded by those contained in the Act is also beyond the pale ...
G.D. Khanna and Sons and ors. Vs. State of Himachal Pradesh and anr.
Court: Himachal Pradesh
Decided on: May-04-1989
Reported in: AIR1991HP15
ORDERN.M. Kasliwal, C.J.1. The case of the petitioners is that they arc in occupation of the different portions of the building known as Commercial Building Nos. 1 to 6 The Mall Shimla, in the capacity as tenants. The Kailash District Co-operative Marketing and Supply Federation Ltd. (hereinafter referred to as 'the Society') is the owner of this building. The Society is registered under the Himachal Pradesh Co-operative Societies Act, 1956 and deals in the business of grains, potatoes etc. The State Government issued a notification on July 15, 1978, in exercise of the powers conferred by Section 3 of the Himachal Pradesh Urban Rent Control Act, 1971 (hereinafter referred to as 'the Act') exempting the building known as Commercial Building Nos. 1 to 6 situated on the Mall Shimla, from the operation of the provisions of the said Act. The above notification has been annexed with the writ petition as Annexure P-1. According to the petitioners the above notification has been issued malafid...
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