Court : Himachal Pradesh
Reported in : 1973CriLJ85
D.B. Lal, J.1. This is an appeal by the State against the judgment dated 24th October 1970 of the Sessions Judge Kangra, acquitting the accused Lobsang Sharap (60 years) of the charges under Sections 302 and 309 of the Indian Penal Code for committing the murder of one Lobsang Zimba (35 years) on 20th June, 1968 and thereafter attempting to commit suicide by inflicting injuries on his person.2. The prosecution case was that both the accused and the deceased as well as many others were Tibetans and were occupying a building known as 'Alamanzil,' Dalhousie their resting house as they were patients of tuberculosis. The accused Lobsang Sharap was deputed to distribute ration to his fellow Tibetans. The deceased Lobsang Zimba from sometime before 20th June, 1968 was in the service of some tourists who had arrived in Dalhousie and everyday in the evening he used to take for a stroll a young child of one of the tourists. The deceased used to be accompanied by a fellow-Tibetan child (6 years) ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1977CriLJ1530
R.S. Pathak, C.J.1. This appeal Under Section 19 of the Contempt of Courts Act, 1971 is directed against an order of our brother Chet Ram Thakur J. declining to discharge the notice issued by him on a motion made by the respondents for initiating contempt proceedings against the appellants.2. The State Bank of Patiala filed a suit against the respondents for recovery of Rs. 20,32,004.57 p. The plaintiff made an application Under Order 38, Rule 5 and Order 39, Rule 1 read with Section 151 of the Civil R C. On Jan. 14, 1976 our learned brother Chet Ram Thakur J. granted an interim injunction restraining the defendants from disposing of the property during the pendency of the suit and also directed them to furnish adequate security in order to satisfy such decree as may ultimately be passed. He directed notice to issue to the defendants to show cause why the interim injunction be not confirmed and why they should not furnish security. It appears that in purported compliance with his order...
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(2002)ACC243,2002ACJ243
Kamlesh Sharma, J.1. These four appeals (F.A.O. Nos. 464, 465, 466 and 467 of 2000) are preferred by United India Insurance Co. Ltd., which was respondent No. 2 in the claim petitions. It is aggrieved by the orders dated 24.8.2000, impugned in each appeal and which are identical, whereby its applications under Order 9, Rule 13 read with Section 151, Civil Procedure Code for setting aside the awards dated 31.3.1998 passed ex parte against it by the Motor Accidents Claims Tribunal (II), Shimla (hereinafter referred to as 'the Tribunal'), were dismissed. These awards were passed in Claim Petition Nos. 4-S/2 of 1995, 5-S/2 of 1995, 6-S/2 of 1995 and 7-S/2 of 1995 decided on 31.3.1998. All these claim petitions arise out of the same accident of truck No. HP 09-0807 belonging to Theog Tehsil Co-operative M&C; Union Ltd., Theog, District Shimla, which was respondent No. 1 in the claim petitions and insured by the appellant insurance company, respondent No. 2, in the claim petitions.2. The app...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1980CriLJ889
T.U. Mehta, C.J.1. The appellant Jai Parkash Sharma had filed a private complaint against the respondents Nos. 1, 2 and 3 for the alleged offences punishable under Sections 323 and 506 of the Indian Penal Code, in the Court of the Magistrate First Class, Bilaspur. The incident which is referred to in the complaint is said to have taken place about six years ago, i.e. on 6th October, 1973 at 10-30 A. M. According to the complainant, respondents 1, 2 and 3 had caught him and had given 'blows on his body with an electric-type hunter'.2. After the process was issued, the matter came up before the learned Magistrate on 18-12-1973 when the complainant Jai Parkash was present in person and the respondents Nos. 1 and 3, Jagdamba Prasad and Mata Prasad, were also present in person. However, the respondent No. 2 Shakti Prasad was not present and the summons which was issued to him was also not received back, served or unserved. The court, therefore, ordered that fresh address of respondent Shakt...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1981CriLJ1422
ORDERVyas Dev Misra, C.J.1. This judgment will dispose of Criminal Revisions Nos, 23 and 34 of 1981 since they arise out of the same iudgment.2. These revisions arc directed against the judgment of Sessions Judge, Simla, holding that the marriage being void the wife could not claim maintenance under Section 125 of the Criminal P.C.3. Rattan Devi (referred to as the wife) filed an application under Section 125 of the Criminal P.C. against Padam Singh Kapoor (referred to as the husband) claiming maintenance for herself and her 5on, named Bishan Kapoor, aged about 6 years. It was averred that the husband was working as a teacher in 1968 in village Meber, Tehhil Kalpa, District Kinnaur. The parties came to know each other. The husband married the wife according to the customs of Kinnaur. The custom consists of a male dragging away successfully a female in a dance which results into a marriage. The wife further averred that she had lived with the husband as his wife for a number of years, t...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1987CriLJ1677
ORDERR.S. Thakur, J.1. This criminal revision petition , is directed against the order in appeal of the learned Sessions Judge, dated March 12,1985, whereby the appeal of the revisionist Mohan Datt (hereinafter called as the accused) against the order of the Chief Judicial Magistrate, Shimla, dated October 3,1983, was dismissed with the modification that the substantive sentence of imprisonment was reduced from ' one year to six months under Section 7 read with Section 16(l)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act). The learned Chief Judicial Magistrate vide the aforesaid order had convicted and sentenced the accused to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/- and in default to undergo further R.I. for three months.2. The brief facts of the case are that on March 23, 1982, at about 9 a.m. when the Food Inspector, D. N. Kaushik was at Shogi in connection with his official duties, he found the accused in...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2(1986)ACC104
V.P. Gupta, J.1. By this judgment, we are disposing of three Leters Patent Appeals Nos. 3 of 1982, 4 of 1982 and 5 of 1982. All these appeals arise out of a single judgment and one accident of Bus No. HPC-I83 on 18-7-1974.2. Briefly the facts are that Bus No. HPC-183 was being driven from Chamba to Pathankot with 19 passengers, by the Driver Shri Puran Chand (now deceased). It met with an accident at about 4-15 P.M. on 18-7-1974 at a place about one and half kms from. 'Daredda' when it rolled down into a khud. Several passengers who were travelling in the bus were injured or killed. Shri Puran Chand driver, was also killed. One Ved Parkash (passenger) also died on the spot as a result of the injuries received by him in the accident. Rajinder Lal and Mohiader Lal, were also passengers is the bus aad they also received various iajuries and were hospitalized.3. Smt. Kusum widow and Sunit Kumar minor son of Ved Parkash (deceased) alongwith Smt. Surmi Devi, mother of Ved Parkash filed an ap...
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(1997)ACC251
Arun Kumar Goel, J.1. Brief facts giving rise to this appeal are that appellants filed a claim petition before the Motor Accidents Claims Tribunal, Shimla Division, Camp at Bilaspur, against the respondent No. 1, Amar Nath, owner, Parkash Chand, driver and New India Assurance Co. Ltd., insurer of tractor bearing registration No. 7141. Appellant No. 1 is the widow, appellant No. 2 is the minor daughter and appellant Nos. 3 and 4 are minor sons of late Inder Dev. During the course of proceedings pending before the Tribunal, parents of the deceased, namely, Himi and Sairu, were impleaded as proforma respondents and in the present appeal they are arrayed as appellant Nos. 5 and 6.2. Case as pleaded by the appellants was that deceased Inder Dev was working as a beldar in Beas Sutlej Link Project at Slapper Colony, District Mandi, H.P. On 21.1.1983 deceased along with three other-passengers are stated to have taken lift in the tractor near Slapper. These passengers were to get down at Barman...
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Reported in : 2000ACJ512
L.S. Panta, J.1. Both these appeals have been taken up and heard together as they arise out of the single accident and are directed against the common judgment and award dated 23.8.1991 of Motor Accidents Claims Tribunal (I), Shimla in M.A.C. No. 60-S/2 of 1988/89 whereunder total amount of Rs. 83,500 as compensation was awarded in favour of claimant Lalita Devi for the death of her husband Sewa Dass in the accident. F.A.O. (MVA) No. 49 of 1992 has been filed by the Sub-Divisional Officer, H.P. P.W.D., Kumarsain against whom the award has been passed whereas F.A.O. (MVA) No. 60 of 1992 has been filed by claimant Lalita Devi for enhancement of the amount of compensation awarded by the Tribunal below. The learned counsel for the parties have made the same and identical submissions and, therefore, both these appeals are being disposed of by this common judgment.2. The facts leading to the appeals may briefly be stated as under:The Sub-Divisional Officer (H.P. P.W.D.), Kumarsain, entered i...
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ORDERM.H. Beg, J.1. There is an application under Section 561-A, Cr. P.C. read with Article 227 of the Constitution as well as a proceeding under Section 3 of the Contempt of Courts Act before me. Originally, there was only one application under Section 561-A. Cr. P.C./227 of the Constitution based on the following assertions. The opposite party Charan Dass Dogra. a locally influential Derson wanted to dispossess the petitioner who was in possession of an orchard on the basis of a mortgage-cum-lease deed which was valid upto 31st December. 1972. The above-mentioned Charan Dass Dogra, opposite party No. 1. an Advocate of Kullu, persuaded the District Magistrate of Kullu to pass an ex party order dated 11th August. 1969 purporting to be under Section 145 Cr. P.C. to declare Charan Dass Dogra forthwith as a party in possession and prohibiting the petitioner from interference with his possession over the orchard. No District Magistrate who had even looked at the provisions of Section 145 C...
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