Himachal Pradesh Court April 1994 Judgments
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Karnail Singh Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Apr-11-1994
Reported in: 1994CriLJ3549
Lokeshwar Singh Panta, J.1. Karnail Singh was tried in the Court of Additional Sessions Judge (II), Kangra, at Dharamshala District for an offence under Section 302 of the Indian Penal Code for causing the death of Basant Singh. The learned Addl. Sessions Judge convicted the accused under Section 302, I.P.C. and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 1,000/ - and in default thereof, to suffer rigorous imprisonment for 3 months. The fine if realised was ordered to be paid to the widow Smt. Kaushalya Devi. Now the accused has come up in appeal before this Court.2. We may briefly state the prosecution case. The accused as also deceased are the residents of same village Hada Mauza Fatehpur District Kangra. On July 11,1991 at about 9.00 p.m. the accused came to the house of the deceased under the influence of liquor and started abusing him and when the deceased asked the accused not to do so, the accused threatened to kill him. However, after some altercatio...
Mauji Ram Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Apr-11-1994
Reported in: 1994CriLJ3662
Bhawani Singh, J.1. This appeal is directed against the judgment of Sessions Judge, Sirmaur, in Sessions trial No. 27-N/7 of 1991, dated 24-9-1992. The accused has been convicted for an offence under Section 302 of the Penal Code and sentenced to imprisonment for life and a fine of Rs. 2000/ -, in default of payment of fine, to undergo further rigorous imprisonment for six months. The facts of the case may now be summarised.2. On 9-8-1991, deceased Lal Singh (hereafter 'the deceased') was sitting with Mohar Singh (PW 1) and Basti Ram (PW 2) in the courtyard of Basti Ram and Bishan Singh. At about 5 p.m., accused Mauji Ram (hereafter 'the accused') came there with a darat. While the deceased was in the process of lighting his beedi, the accused hit him with a darat on the neck. The deceased received cut injury in the neck, fell down and died. He was overpowered by Mohar Singh and Basti Ram. Darat was snatched from him and he was tied with a Pillar. Many People came there. Pradhan of the...
Vijai Singh and anr. Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Apr-11-1994
Reported in: 1995CriLJ881
Bhawani Singh, J. 1. This appeal is directed against the judgment of Additional Sessions Judge, Bilaspur, dated 26-9-1992. The accused have been convicted for offences under Sections 302/307 read with Section 34 of the Indian Penal Code and sentenced to imprisonment for life and to pay a fine of Rs. 2,000/- each under Sections 302/34 of the Indian Penal Code and rigorous imprisonment for 7 years and a fine of Rs. 2,000/- each under Sections 307/34 of the Indian Penal Code. In default of payment of fine, the accused have been ordered to undergo rigorous imprisonment for a period of three months under each count. The sentences have, however, been ordered to run concurrently. Fine, on realisation, has been ordered to be paid to Smt. Veena Devi, wife of the deceased. The essential facts of the case are being narrated hereunder.2. The prosecution case is that on 17-9.-1990, at about 11 p.m. when the deceased and his wife were sleeping in their Gohar along with their minor child, accused Vij...
Joti Ram Vs. Prema and ors.
Court: Himachal Pradesh
Decided on: Apr-07-1994
Reported in: AIR1995HP103
Devinder Gupta, J. 1. This is plaintiffs appeal against the judgment and decree passed on 10th November, 1982 by the District Judge, Kangra at Dharamshala dismissing his appeal and thereby affirming the judgment and decree passed on 16th June, 1980 by the Senior Sub-Judge, Kangra at Dharamshala. 2. The plaintiff claimed a decree for declaration that defendants Nos. I and 2 are not the tenants and there exists no relationship of landlord and tenant between the parties in respect of the suit land measuring 2 Kanals 17 Marias, situate in Tikka Har Balakarupi, Mauza Alampur, Tehsil Palam-pur, District Kangra and by way of consequential relief claimed a decree for injunction restraining the defendants from taking possession of the land from the plaintiff in pursuance to an order passed on 24th February, 1974 by the Sub-Divisional Officer (Civil), Palampur. 3. The suit was resisted by the defendants on merits as well as by taking up number of objections. It was claimed by defendants Nos. 1 a...
Tulsa Singh Vs. Agya Ram and ors.
Court: Himachal Pradesh
Decided on: Apr-07-1994
Reported in: AIR1994HP167
A.L. Vaidya 1. The dispute between the parties pertained to the tenancy rights which they were claiming in the suit land measuring 3 Kanals 16 Marias bearing Khe-wat No. 134, Khatauni No. 300 and Khasra No. 14/4/2 situate in village Santokhgarh, Tehsil and Distt. Una. The present respondents, that is, Garibu deceased and Bal-krishan minor were the plaintiffs in the suit filed for declaration before the trial court. Their simple case had been that plaintiff No. 1, that is, Garibu and father of plaintiff No. 2 were in occupation of the suit land as tenants at Will on payment of rent for the last so many years and after the death of father of plaintfff No. 2 the plaintiffs have been in continuous possession of the suit land as tenant at Will. According to the plaintiffs, the present appellant Sh. Tulsa Singh was a clever person who connived with Patwari Halqua and got himself incorporated in the revenue record in Kharif 1976 as tenant at Will of the suit land without any right, title and ...
Raj Kumar Gupta and ors. Vs. Des Raj and ors.
Court: Himachal Pradesh
Decided on: Apr-06-1994
Reported in: AIR1995HP107
D.P. Sood, J. 1. Plaintiffs are Chairman and Vice-Chairman, respectively of United Group of Industries, Chandigarh. Plaintiff No. 2 for and on behalf of plaintiff No. 1, entered into agreement for sale (Ex. DW-1 / A) on May 26, 1981 with the defendants to purchase the suit land situated in village Kalyanpur, Pargna Dharampur, Teh. Nala-garh, District Solan for valuable consideration of Rs. 3,39,625.00 allegedly for the purpose of establishing an industry. An amount of Rs. 84,906.26 was paid by the plaintiff No. 2 to the defendants. Accordingto its terms, the balance amount of sale consideration was to be paid in three instalments, the first instalment of Rs. 84906.25 on August 26, 1981, second instalment of Rs. 1,34,062.50 to be paid on November 26, 1981 and the third instalment along with all expenditures incurred on the execution of the sale deed, at the time of registration thereof. The sale deed was agreed to be executed within one year either in the name of purchaser or a company ...
Roopak Bambha Vs. K.C. Bhandari
Court: Himachal Pradesh
Decided on: Apr-04-1994
Reported in: AIR1995HP69
ORDERDevinder Gupta, J. 1. This is an application under Section 34 of the Arbitration Act moved by the defendant-applicant praying for stay of the proceedings in Civil Suit and to enable the parties to have their disputes settled by having recourse to the arbitration proceedings in accordance with the arbitration clause contained in the partnership deed and dissolution deed.2. Plaintiff has claimed a decree for Rs. 2,59,689.96 paise on account of principal and interest. It is alleged that he had been running business of medicines at Dharamshala under the name and style of M/s. Deepak Medical Agency with one Smt. Lakshami Devi as a partner in the said firm. It is alleged that the firm was dissolved on 31st October, 1989 and the plaintiff became its soleproprietor. Defendant K.C. Bhandari subsequently joined the plaintiff as a partner to the tune of 50% on and from 31st October, 1989, but the partnership deed' was executed on 12th Feb. 1990. This partnership firm of the plaintiff and def...
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