Court : Himachal Pradesh
R.S. Pathak, C.J. 1. I regret I am unable to agree entirely with my brother D. B. Lal. The facts have been stated in his judgment and need not be repeated here.2. The first question is whether the landlord and tenant are bound in a proceeding for the fixation of fair rent under Section 4 of the East Punjab Urban Rent Restriction Act, 1949 (which for convenience I shall call 'the Act') by an earlier order of the Controller determining the fair rent in terms of a compromise between the same parties in respect of the same building.3. Section 4 of the Act provides for the fixation of the fair rent of a building by the Controller. Sub-section (1) provides that on application by the tenant or the landlord the Controller must fix the fair rent 'after holding such enquiry as the Controller thinks fit'. Sub-section (2) prescribes the scheme to be followed by the Controller. The scheme provides that he should first determine the basic rent. Two considerationsare laid down for that purpose; (a) t...
Tag this Judgment!Court : Himachal Pradesh
Reported in : [2005]57SCL225(HP)
Lokeshwar Singh Panta, J.1. This petition under Sections 391 to 394 read with Section 81 (1 A) and Sections 100 to 103 of the Companies Act, 1956 has been filed by Gontermann-Piepers (India) Limited with its registered office at Bharatgarh Road, Nalagarh, District Solan, Himachal Pradesh (hereinafter referred to Ist petitioner-Company; and G.P.I. Textiles Limited with its registered office at Bharatgarh Road, Nalagarh, District Solan (hereinafter referred to 2nd petitioner-company) praying for the sanction of the modified Scheme of Arrangement filed with the petition as Exhibit-'A' to be binding with effect from the 1st day of January, 2003 on both secured and unsecured creditors.2. Ist and 2nd petitioners-Companies had earlier filed Company Petition No. 12 of 2003 in this Court under section 391(3) of the Companies Act, 1956 praying for convening the meeting of the shareholders of both Companies for consideration and approval of the Scheme of Arrangement between Ist petitioner-Company...
Tag this Judgment!Court : Himachal Pradesh
Reported in : IV(2005)BC255,[2005]128CompCas179(HP)
K.C. Sood, J.1. This appeal arises out of the judgment and decree passed by the learned Single Judge of this Court dated November 22, 2001, whereby the suit of the plaintiff has been decreed for Rs. 10,93,425/- along with interest of Rs. 1,64,012/- at the rate of 9% per annum and also future interest at the rate of 9% per annum on the principal amount from 10.12.1999 i.e. the date of the filing of the suit till the realisation of the decretal amount.The Facts :2. Appellant, H.P. State Forest Corporation, hereinafter referred to as the 'defendant Corporation,' is a Government Company constituted under the Company Act, 1956. The Corporation is subjected to statutory audit and income tax. The respondent, M/s. S. Butail and Company, hereinafter referred to as the 'plaintiff Company', is a Chartered Accountant Company. The Company renders professional services in audit, accounts taxation and other allied matters.3. It appears, when the assessment of the defendant Corporation for the year 19...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1950HP15
Bannerji, J. 1. This is an appeal from a judgment and decree of the District Judge, Rampur, dated 18-4-2005 B., affirming a judgment and decree of the Subordinate Judge, Chini, dated 12-7-2003 and thereby dismissing the plaintiffs suit. 2. The suit, in which this appeal hag arisen, was brought by Rattan Das and others, who are the appellants against (1) Darshan Das, (2) Jagar Nath, (3) Jheru, (4) Padam Das and (5) Meo Ram, who are respondents to this appeal. There has been no appearance for the respondents, Padam Das and Meo Ram, in this appeal. 3. The suit was for a declaration that the revenue entries by mutation No. 280 on the basis of an alleged gift of one-fourth share of 44 Khasra numbers measuring 188 bighas and 19 biswas (one hundred and eighty-eight bighas and nineteen biswas) in Chak Karoli be declared not to affect the shares of the members of the joint family, constituting the appellants and respondents. 4. Nainsukh (who died without a male issue), Premsukh (whose sons are ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1950CriLJ160
Bennerji, J.C.1. Under Section 24 of the Koti State Courts Act. corresponding to Section 417, Criminal P.C., the Koti caber directed the Public Prosecutor to present an appeal to the Court of the Chief Judicial Officer at Kasumpti against an order of the Magistrate, First Class, Sanjauli (Koti State) dated 21st December 1946, acquitting the respondent, Earn chand, of an offence Under Section 411, Penal Code, Ad appeal was accordingly presented and was pending in the Court of The Chief Judicial Officer at Kasumpti.2. By virtue of the Notification No. J-79-I5/48, lated 14th January 1919, this appeal has been transferred to the Judicial Committee for disposal.3. On 8th- October 1945, the manager of a Hotel in Simla reported to the police that several iheffca had taken place in the hotel during the j light of 7th October 1945. On 9th October 1945, he respondent was arrested by the Simla police on suspicion. On 11th October, the respondent vas taken to Sanjauli in Eoti State for discovery o...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1950HP18
Bannerji, J.1. The appellant, Gopal, was tried before the Court of Sessions Judge, Mahasu, on a charge of shooting at a man, named Kharia, of village Kudral (Pargana Mafciana) in Theog, under Section 807, Penal Code, and of participating in the shooting and killing of a man, named Karam Das, of the same village, under Section 302, read with Section 34, Penal Code.2. Paras Ram, alias Palta, was also tried with his brother, Gopal, the appellant, on a charge of shooting and killing Karam Dag, under Section 302, Penal Code and of participating in shooting at Kharia, on a charge under Section 307, read with Section 34, Penal Code.3. The assessors found the accused Paras Bam, alias, Palta, innocent of both the charges and the learned Sessions Judge, agreeing with the opinion of the assessors, observed that 'the guilt of Paras Ram, alias, Palta, has not been brought home to him'. He accordingly acquitted him.4. Agreeing with the opinion of the assessors, the learned Sessions Judge found the a...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1950HP42
Bannerji, J. 1 This is an application by the complainant Maghu directed against an order, dated 24th August 1949, of the District Magistrate, Mahasu, transferring the case against the opposite party, from the Court of Shri Hira Chand, Magistrate Third Class, to the Court of Shri Negi Roop Singh, Magistrate Second Class, for inquiry and trial. 2. The facts, in brief, are: the complainant, Maghu, made a complaint against the accused persons, Kanwar Rattan Singh and others, in the Court of Shri Gopi Chand, Magistrate Third Class, alleging that the accused persons had unlawfully trespassed on his land and committed mischief. The learned Magistrate took cognizance but he was succeeded by another Magistrate Third Class, Shri Hira Chand, who proceeded with the trial, and recorded the evidence of five witnesses. While he was recording the evidence of the Patwari, the accused persons moved the District Magistrate, Mahasu, for transferring the case from the Court of Shri Gopi Chand to some other...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1951HP1
Bannerjee, J.1. The appellant, Nathu, has been convicted of murder by the learned Sessions Judge and baa been sentenced to death. He has also been found guilty under Section 450, Penal Code, and sentenced to four years' rigorous imprisonment. He has, further, been found guilty under Section 394, Penal Code, and sentenced to the sama terms of rigorous imprisonment. The sentences, under Sections 450 and 394, Penal Code, have been directed to run concurrently.2. The appellant No. 2, Padam Pal, has been convicted under Section 450, Penal Oode, and sentenced to four years rigorous imprisonment. He bas also been found guilty under Section 397, Penal Code, and has been sentenced to seven years rigorous imprisonment. The sentences are directed to run concurrently.3. The appellant No. 3, Ganga Ram, has been found guilty under Section 450, Penal Code, and has been sentenced to two years' rigorous imprisonment. He has also been convicted under Section 394, Penal Code, and has been sentenced to th...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1951HP75
Chowdhry, J.1. The learned Sessions Judge of Mahasu has by his judgment and order dated 21.4.1951 convicted Ranjha aged thirty, and Bhura, aged eighteen, under Section 302, read with Section 34, Penal Code, for having committed the murder of one Durga on the night between the 23rd and 24th August, 1950, and sentenced the former to death and the latter to transportation for life. They have both appealed, and the Sessions Judge has also submitted the proceedings to this Court for confirmation of the sentence of death passed on Ranjha. 2. That Durga met a violent death admits of no doubt. In the opinion of the doctor who performed the post-mortem, death was due to asphyxia caused by pressure on the wind pipe-obstructing respiration. According to him Durga died within a few minutes of suffocation. 3. The scene of murder was the deceased's doghari, or cattle-shed used also for human-habitation, in the jungle of Sawahu about ten miles from the nearest police outpost at Narkanda. Except for t...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1951HP82
Chowdhry, J.1. This is an appeal by Vidyamati, aged about 17, against her conviction by the learned Additional Sessions Judge of Jubbal under Section 302, I.P.C., and the sentence of transportation for life imposed upon her.2. She is the daughter of one An Das of village Bamhnoli, police station Rohm in district Mahasu. She was married to Chain Ram (P. W. 8) of the same village on 6-3-1950 and four days later, on 10-3-1950, she was delivered of an illegitimate female child in her father's cattle-shed. She buried it in a Khud, or gorge. The prosecution case is that the child was borne alive and the appellant caused its death by severing the head from the body with an axe. The appellant pleaded that the child was born dead.3. The first question that arise is whether the child was born alive. The prosecution relies in this connection on the testimony of one Mt. Herpati, a mid-wife of Bamhnoli, and of Dr. Jiwan Lal, Medical Officer-in-charge of the Civil Hospital at Jabbal, who held the po...
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