Himachal Pradesh Court January 1994 Judgments
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Lt. Col. L.H.M. Gregory Vs. General Public and ors.
Court: Himachal Pradesh
Decided on: Jan-14-1994
Reported in: AIR1995HP96
ORDERKamlesh Sharma, J. 1. This is a petition under Section 241 of Indian Succession Act, 1925 (hereinafter called the Act) for grant of letters of administration, with the Will annexed for the administration of the estate of Ms. Enid Alice Lisbey deceased, for the use and benefit of the absent executor, Lt. Col. L. H. M. Gregory, the sole-executor so named by late Ms. Lisbey as per her last Will and testament dated 22-6-1978. The Executor of the Will Lt. Col. Gregory is stated to be presently residing in London, as such, his general attorney Kamaljit Singh Grewal (hereinafter called the petitioner) has filed this petition for the use and benefit of his principal Lt. Col. Gregory.2. It is stated in the petition that late Ms. Enid Alice Lisbey widow of late Mr. Norman Douglas Lisbey was resident of Dunloe Estate, near Deepak Project, Shimla and she died on 17-10-1980 at Shimla Sanitorium and Hospital, Chaura Maidan, Shimla. During her life time and at the time of death she was an Anglic...
Gian Singh and ors. Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Jan-13-1994
Reported in: AIR1996HP38
D.P. Sood, J.1. By this writ petition under Article 226 of the Constitution of India, the petitioners seek the relief of issuance of appropriate writ., direction or order, directing the respondents to:i) complete the on-going land revenue settlement operations as Second Revised Settlement strictly in accordance with the intent of the two notifications one pertaining to the special revision of the existing records of right under Section 33 of the H. P. Land Revenue Act, 1953 and the other for general assessment of land revenue under Section 53 of the said Act;ii) withdraw Instructions Nos. 2, 4 and Supplementary Instructions Nos. 2, 23 and 32 of the Compendium of Instructions, issued by the 4th respondent (Settlement Officer);iii) bring up-to-date at re-settlement the field map of the previous settlement without recourse to re-measurement and preparation of the record of rights including wazib-ul-arz etc. strictly in accordance with Instructions contained in Para 222 of the Settlement M...
Krishan Lal Vs. State of H.P. and anr.
Court: Himachal Pradesh
Decided on: Jan-11-1994
Reported in: 1994CriLJ2539
ORDERA.L. Vaidya, J.1. A criminal case vide F.I.R. No. 97 of 1993 under Section 379/34, I.P.C. for removal of the vehicle under reference from the possession of Suresh Kumar, respondent No. 2 was registered against the present petitioner, Krishan Lal and four other persons, named, S/Shri Onkar Chand, Vish-wanath, Surinder Kumar and Prem Chand in June, 1993 at Police Station, Bilaspur. The vehicle under reference was taken into possession during investigation by the police. The present petitioner as well as respondent No. 2 submitted separate applications under Section 457, Cr. P. C. for the release of that vehicle which happened to be a Maruti Van No. HPY-848.2. The learned Chief Judicial Magistrate, Bilaspur, after hearing the parties, ordered the release of the vehicle in question in favour of Shri Suresh Kumar, if not required in any other case. That too on Suresh Kumar's furnishing a bond in the sum of Rs. two lacs with one surety of the like amount undertaking to produce the vehic...
Kumari Seemu Alias Seema Vs. Himachal Pradesh State Electricity Board ...
Court: Himachal Pradesh
Decided on: Jan-10-1994
Reported in: I(1995)ACC88,1994ACJ623,AIR1994HP139
Bhawani Singh, Ag. C.J. 1. Kumari Seemu alias Seema (minor) has preferred this petition through her father seeking compensation of rupees five lacs from the respondents for the permanent physical disability suffered by her on account of the negligence in the maintenance of 22 KV transmission line resulting in an electric shock necessitating amputation of her forearm. The facts of the case be stated now in order to understand and appreciate the matter properly.2. The petitioner submits that installation, maintenance and control of entire electric system in the State is vested with the respondents. It is managed by it through its employees. 22KV supply line to Kui and Kangteri Panchayats passes through Bachhoch transformer to Saras transformer. The respondents were negligent in the maintenance of the line. One of the live wire was unscrewed and loose from the poles as a result of which it was only three feet above the ground level and hardly 30 meters away fromthe house of the petitioner...
Raj Traders Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Jan-07-1994
Reported in: 1995CriLJ1990
ORDERD.P. Sood, J.1. In this petition under Section 482 the Code of Criminal Procedure read with Article 227 of the Constitution of India, the petitioner seeks quashing of the complaint and other resultant proceedings ensuing thereform, presently pending in the Court of Chief Judicial Magistrate, Shimla, under Section 16(1)(A)(i) of the Prevention of Food Adulteration Act, 1954 (shortly hereinafter referred to as the 'Act').2. On May 30, 1992 at about 11.15 A.M., Shri B. L. Justa, Food Inspector, visited the shop of M/s. Diwan Chand Surinder Kumar located at Totu. He disclosed his identity and then purchased six packets of mirch kutti each weighing about 100 grams against cash payment of Rs. 30/- as a sample for analysis out of 2 kgs packet having 20 small packets, each weighing 100 grams. Shri Diwan Chand of the aforesaid firm was conducting the business at the material time. The aforesaid commodity was kept in the shop for sale to the general public. After purchasing the article and ...
Mehar Chand and ors. Vs. Lachhmi and ors.
Court: Himachal Pradesh
Decided on: Jan-06-1994
Reported in: AIR1994HP172
A.L. Vaidya, J.1. One Shri Kanhya Ram, predecessor-in-interest of the respondents filed a suit for declaration that the plaintiff and pro forma defendants have become owners in possession of the suit land as described in the plaint on the ground that the suit land was mortgaged with the predecessor-in-interest of the plaintiff and pro forma defendants for more than forty years ago and by means of efflux of time, the right to redeem enjoyed by the defendants mortgagors had been extinguished. The case of the plaintiffs as pleaded had been that plaintiffs and pro forma defendants were in actual physical possession of the suit land and defendant Smt. Devku was the last mortgagor of the said land. It was further pleaded by the plaintiffs that the defendants by undue influence and by fraud got a gift deed in respect of the mortgaged land and upon the strength of that void gift deed they applied to the Assistant Collector, Kandaghat under Section 4 of the Redemption of Mortgages Act and got a...
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