Court : Himachal Pradesh
Reported in : AIR1963HP3
C.B. Capoor, J.C.1. This first appeal by the defendants is directed against a judgment and decree of Shri Tara Chand Rewal, the then learned Senior Subordinate Judge Mahasu, whereby the suit filed by the respondents for recovery of a sum of Rs. 16,500/- was decreed for recovery of a sum of Rs. 15,000/- and proportionate costs.2. In order to appreciate the contentions advanced on behalf of the parties the following facts had better be narrated : -The appellant and the respondent firms are timber contractors. The partners of the appellant firm are Jai Ram and his son Jagannath and the partners of the respondent firm are Kahna Ram and his son Hans Raj. The Upper Bushahr Forest Division of the Himachal Pradesh Forest Department invited tenders for the floating of timber in river Sutlej during the year 1957-58. The last date for the submission of the tenders was 22-4-1957. On that date the partners of the respondent firm and Jagannath, one of the partners of the appellant firm, were at Ramp...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1962HP68
ORDERC.B. Capoor, J.C.1. This petition under Article 226 of the Constitution of India has been filed by NegiBalbahadur Singh against the Lieutenant Governor, Himachal Pradesh.2. By a notification dated 21st July 1958, the respondent in the exercise of powers conferred by Section 4 sub-section (2) of the Punjab Small Towns Act, 1921, as applied to Himachal Pradesh, nominated the petitioner as a member of the Small Town Committee Rampur. By a subsequent notification dated 17th of June 1961, the respondent removed him from the membership of the aforesaid committee and a copy of that notification was forwarded to him by the Magistrate First Class Rampur vide his endorsement No. 501/61 dated 27th of June, 1961. No opportunity was afforded to him to show cause against the proposed action.As a result of the order of removal he cannot seek election to the membership of a Small Town Committee for a period of 5 years, and his gravamen is that it was a violation of the principles of natural justi...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1962HP59
ORDERC.B. Capoor, J.C.1. This petition under Article 226 of the Constitution of India is directed against the Lieutenant-Governor Himachal Pradesh and arises in the following circumstances:2. Theog was at first a notified area under the Punjab Municipal Act, 1911, hereinafter to be referred as 'the Municipal Act', as applied to Himachal Pradesh. Subsequently, it was declared to be a small town under the Punjab Small Towns Act, 1921, hereinafter to be referred as 'the S. T. Act' as applied to Himachal Pradesh. In accordance with Section 4 of the S. T. Act a small town committee of Theog was established on 25-4-1953. The committee consisted of six elected and two nominated members. Election to the small town committee was held in August 1960 and the petitioner was elected as a member from Ward no. 5 and a notification dated 4-10-1960 was issued by the Himachal Pradesh Administration notifying the names of six elected members. The Sub-Divisional Officer Public Works Department Theog and t...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1963HP18,1963CriLJ762
C.B. Capoor, J.C.1. Dayal has appealed through the Superintendent District Jail Nahan against the order of the learned Sessions Judge, Mandi and Chamba Division, convicting him of an offence under Section 304, Part II, I.P.C., and sentencing him to undergo rigorous imprisonment for a period of six years. The appellant was prosecuted for the offence under Section 302, I.P.C., but was acquitted of that and the State has submitted to the order of acquittal.2. The facts leading to the prosecution of the appellant lie within a narrow compass and may briefly be stated as below:--The appellant and Biasakhi, hereinafter to be referred as 'the deceased', were residents of village Jaol and their fields used to be irrigated with the water of the same Kuhl known as Sarli. Differences had arisen between them over the right to take water from the said Kuhl and on 20th November 1960 a complaint was filed by the deceased against the appellant and some others in the Gram Panchayat Pandol. Efforts made ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1965HP25,1965CriLJ550
ORDEROm Parkash, J.C.1. The facts, giving rise to this petition, under Articles 226 and 227 of the Constitution of India, are as under :2. Shri Het Ram, respondent No. 5, Sarpanch, Nyaya Panchayat, Himri, Sub-Tehsil Kotkhai and other Panches, constituting Bench No. 1 of the Nyaya Panchayat, had gone to village Rewag for demarcating the land of Shri Moti Ram. The land of the petitioners adjoined the land of Shri Moti Ram. The petitioners were alleged to have interrupted the proceedings, relating to the demarcation of land and also to have Insulted the members of Bench No. 1. Shri Het Ram, Sarpanch, filed a complaint under Section 228 I. P. C., against the petitioners, In the Nyaya Panchayat, about the alleged contempt. He also issued notices to the petitioners and constituted Bench No. 3, of the Nyaya Panchayat, consisting of respondents Nos. 2 to 4, for the trial of the complaint. The petitionerswere proceeded against ex parte as they did not appear despite service of summonses. The co...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1965HP49,1965CriLJ499
Om Parkash, J.C.1. Two brothers, Rai Singh, appellant, in Criminal Appeal No. 29 of 1983 and Gunia, appellant, in Criminal Appeal No. SO of 1963, were convicted and sentenced, under section 304, Part II, I. P. C., read with section 34, I. P. C., by the learned Sessions Judge, Sirmur, for causing the death of Mohta. The prosecution case against the appellants was as follows :2. The fields of the appellants adjoined thefields of Mohta; the fields of the appellant, being onthe upper side, and those of Mohta, being on thelower side. On the 30th August, 1962, Mohta wasdigging his field, known as That, just below the boundary line of the field of the appellants. Budhi Singh P. W. 2 and his sister, Smt. Bare, grandson and grand-daughter of Mohta, were hoeing the mash crop, growing in That field. At about 5-30 P. M., the appellants called out to Mohta, from a place known as Dangi-ki-Pand as to why he was digging their field. Mohta had replied that he was not digging the field of the appellant ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1966HP54
Om Parkash, J. 1. This judgment will dispose of Civil Regular First Appeals Nos. 5 and 7 of 1968. These are cross-appeals and are directed against the judgment and decree dated the 30th September, 1963, of the learned Senior Subordinate Judge, Chamba. The facts, giving rise to the appeals, are as follows :2. Maharaja Sham Singh, Ruler of erst while Chamba State, had, by the deed Ex. P. W. 9/A, dated the 2nd May, 1893, made an inam grant of land measuring 7 laharies (one lahari equivalent to three acres), 2 acres, 6 kanals and 6 marlas situated in villages Uperli and Jhikli Chari, (upper and lower Chari), Pukhar, along with Namasi, in favour of Ganga Devi, and her son, Devi Chand. During the recent regular settlement operations in Chamba District, the cultivable land, situated in Chari and Pukhar villages, granted on the basis of Ex. PW. 9/A, was mutated in the ownership of Devi Chand. Bill Namasi was not mutated, in his name it was recorded, as owned, by the Himachal Pradesh Government...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1965HP68,1965CriLJ765
Om Prakash, J.C. 1. Dasaundhi, who has been convicted by the learned Sessions Judge, Mahasu, Sirmur, Bilaspur and Kinnaur Sessions Division, under Section 302, I. P. C., for the murder of Shrimati Dhanni, and has been sentenced to death, has filed Criminal Appeal No. 5 of 1965, against his conviction and sentence. . The learned Sessions Judge has also submitted the proceedings, to this Court, for the confirmation of the death sentence. The reference, made by the learned Sessions Judge, has been registered as Reference No. 1 of 1965. This judgment will dispose of both the appeal and the reference.2. The prosecution case against Dasaundhi appellant was as follows :3. Shrimati Dhanni, deceased, was the wife of the appellant. He suspected that Shrimati Dhanni was carrying on with his younger brother, Hari Ram, and intended to do away with him, by poisoning. The appellant was so much obsessed with the suspicion that Shrimati Dhanni had poisoned him that he had consulted Shankru PW-9, who wa...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1966HP40
Om Parkash, J. 1. This appeal, by the Union of India, is directed against a decree of the learned Senior Subordinate Judge Chamba, awarding a sum of Rs. 21,000, as compensation, to the respondent. 2. The respondent had filed a suit, against the appellant, for the recovery of Rs. 46,000, as compensation. The suit was based on the following allegations.Shri Trilok Nath, younger brother of the respondent, was granted a contract for extracting, collecting, and exporting medicinal herbs, such as Dhoop, Kaur, Mithi Patis, Tuth, Muskbala, Ban Kakru etc. from the forests of Chamba District for a period of one year, beginning with the first September, 1949, for a consideration of Rs. 38,900. The terms and conditions of the contract were embodied in an agreement dated the 16th June, 1949. Shri Trilok Nath got the contract for the above purpose for the next year also, beginning with first September, 1950, for a consideration of Rs. 70,000. The business of extracting, collecting and exporting the ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1967HP6
1. This appeal, by the plaintiff, against a decree and judgment of the learned Senior Subordinate Judge, Mandi has arisen out of a suit, for possession of land, measuring 7 bighas 10 biswas and 1 biswansi, comprised in Khasra Nos. 5, 6 and 43/34, situated in village Bhangauhli, a suburb of Mandi Town, in Tehsil Sadar, District Mandi, after demolishing the buildings, standing thereon, or in the alternative for the recovery of Rs. 25,050/ as value of the land. The suit was founded on the following allegations:2. The plaintiff was the Ruler of Mandi State, now merged in Himachal Pradesh. since 1st May, 1948. The land, in suit, was acquired by the plaintiff, in 1946, from its former owners, for his personal requirement for starling and housing a private dairy farm The land was considered as a part of the Bijai Palace Estate, the personal and private property of the plaintiff. The land remained in possession of the plaintiff even after the merger of Mandi State with Himachal Pradesh3. In Fe...
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