Himachal Pradesh Court May 1994 Judgments
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ishwari Singh Vs. State of H.P.
Court: Himachal Pradesh
Decided on: May-31-1994
Reported in: 1996CriLJ557
ORDERD.P. Sood, J.1. All the four abovesaid petitions/ revision arise out of a criminal case registered pursuant to F. I. R. No. 10 of 1982 dated 23rd March, 1982 under Section 379, 420, 467, 468, 109, 34 and 120-B of the Indian Penal Code read with Sections 33, 41 and 42 of Indian Forest Act and under Sections 5(1) (d) and 5(2) of Prevention of Corruption Act, 1988 lodged in the Police Station (Enforcement) South Zone, Shimla, As the facts pertaining to the alleged commission of offences by the petitioners accused are common, I proceed to decide them together by a common order.2. The brief particulars of the abovesaid petitions may be stated as under :-Sr. Nature of the Name of the Designation at the ChargeNo. petition with accused. material time. No. --------------------------------------------------------------------------------------------1. 2. 3. 4. 5.--------------------------------------------------------------------------------------------1. Cr. Rev. No. 99 1. Sh. Chet Ram. For...
Smt. Kashmiru and ors. Vs. Sh. Doud
Court: Himachal Pradesh
Decided on: May-30-1994
Reported in: AIR1996HP102
A.L. Vaidya, J. 1. The suit land, which is the bone of contention between the parties, was lastly held by one Smt. Jugni as owner, who died issue-less in the month of February. 1982. She was originally married to one Bantu who died during the life time of Smt. Jugni. The mutation of her inheritance has sanctioned in favour of present appellant defendants Smt. Kashmiru and others who were alleged to be her nearest relations, one of them being sister's son. The present respondent Sh. Doom filed a suit for declaration and possession to the effect that mutation of inheritance sanctioned in favour of present appellants on 16th August. 1982 was wrong, illegal and inoperative qua his rights as he claimed himself to be the husband of deceased Smt. Jugni having married the widow through some customary marriage. On that account the possession of the suit land was also asked for.2. The trial court dismissed the suit while lower appellate Court decreed the same. The suit had been contested by the ...
Ram Partap Chandel Vs. Chaudhary Lajja Ram and ors.
Court: Himachal Pradesh
Decided on: May-19-1994
Reported in: AIR1995HP58
ORDERD.P. Sood, J. 1. A notification relating to 68 Assembly seats in Himachal Pradesh Vidhan Sabha for holding the general elections to the H.P. Legislative Assembly constituencies, was issued. The instant lis pertains to the dispute relating to 11, Doon Assembly constituency.2. The material facts for the purpose of deciding the preliminary issues may now be stated. Election programme with respect to this constituency was as under :1. Last date of acceptance16.10.1993of nomination papers2. Last date of withdrawal20.10.1993of nomination papers3. Date of polling 9.11.19934. Counting of votes 27.11.19935. Declaration of results28.11.1993.As per list Ex.PW-1/J, there were 24 validly nominated candidates for this constituency, out of which the parties to the instant election petition contested the election. Remaining candidates including S/Sh. Bhajan Singh, Amar Nath Kaushal and Ram Asra gave notice of withdrawal to the Returning Officer on October 20, 1993 which were accepted and, thus, t...
Tarlok Singh Vs. State of H.P.
Court: Himachal Pradesh
Decided on: May-11-1994
Reported in: 1995CriLJ2369
A.L. Vaidya, J.1. The present appellant Tarlok Singh was charged under Section 302, IPC, for committing the murder of one Shri Duni Chand on 17th May, 1992. After trial, the appellant was convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 50007-and in default of payment of fine he was further directed to undergo imprisonment for a period of one month. The trial Judge also ordered that the entire amount of fine, if recovered, would be paid to the widow of the deceased by way of compensation.2. As per prosecution case, the long standing enmity between the family of the accused and the deceased has been attributed to be the motive of the offence. The accused and the complainant were having their residential houses situated adjacently. The prosecution case, as put up, has been that on 17th May, 1992 this Duni Chand deceased went to the house of the accused. Immediately after the deceased having entered into the house of the accused, some sound of fal...
Mohinder Pal Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: May-09-1994
Reported in: AIR1995HP15
Bhawani Singh, J. 1. The petitionerhas challenged the constitutional validity of the Himachal Pradesh Kutlehar Forest (Acquisition of Management) Act, 1992 (hereafter shortly, 'the Management Acquisition Act' or 'this Act'), on numerous grounds being recorded in the latter part of this judgment. Before passing of this Act, the State Government issued Notification No. Rev. D(F)7-1/90, dated January 19, 1990, under Section 3 of the Punjab Resumption of Jagirs Article 1957 directing the Principal Chief Conservator of Forests to take over management and possession of Kutlehar Jagir Forest from the petitioner with the assistance of the Collector. This Notification was assailed by the petitioner through Civil Writ Petition No. 42 of 1990 (Shri Mohinder Pal v. State of Himachal Pradesh and others). By orders of January 22, 1990 and June 26, 1990, operation of this Notification was stayed and the writ petition admitted for hearing. Since both the actions of the respondents relate to the same f...
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