Court : Himachal Pradesh
Reported in : AIR1972HP1
Chet Ram Thakur, J.1. This revision petition had been referred to the Division Bench by Hardayal Hardy Judge. Delhi High Court, in August 1970 when that High Court had its jurisdiction over Himachal Pradesh. The point referred to is whether the said respondents (Union of India and Himachal Pradesh Administration), now substituted by the State of Himachal Pradesh vide order, dated 8-4-1971 are tenants within the meaning of the East Punjab Urban Rent Restriction Act. 1949?2. Smt. Rai Kumari Soni is the owner of a building known as 'Onkar Lodge' at Simla. On 9-4-1965. Dr. D. D. Arora. Deputy Director of Health Services and Dr. D. K. Bhattacharya. Assistant Director of Health Services, with the approval of the Director of Health Services. Himachal Pradesh took from the petitioner the lower flat of the aforesaid building on a monthlv rental of Rs. 150/-. On 13-1-1966 Smt. Raj Kumari Soni filed an application before the Rent Controller for eviction of Dr. D. D. Arora and Dr. D. K. Bhattachar...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1971HP20
D.B. Lal, J.1. This is defendant's second appeal and has been directed against the decision dated 5th March, 1968 of the District Judge, Kangra, whereby, after confirming the decision of the Senior Sub-Judge, Kangra, he has decreed the suit of the plaintiff Rana Himal Chand for declaration to the effect that he is in cultivatory possession as owner of disputed land situate in Tikas Gankhetar and Kasba of mauza Baijnath in the tehshil of Palampur.2. The plaintiff came to Court with the allegations, that the disputed Khasra numbers situate in the respective Tikas were allotted to him by the Custodian in, lieu of certain land which belonged to him and which he had to leave in Pakistan. The quasi-allotment was made on 14-8-49 while permanent allotment was made on 18-2-57. The plaintiff came in actual possession and started cultivating the disputed land. However, in the revenue papers the entry, 'Gair Mumkin Abadi' was made which, according to the plaintiff, was a wrong entry. Subsequently ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1972CriLJ185
ORDERM.H. Beg, C.J.1. There are two revision applications before me. One is directed against the order of acquittal passed by the learned Sessions Judge of Mahasu In a case in which the opposite party was convicted by a Magistrate under Section 337 I. P. C. and sentenced to pay a fine of Rs. 200/-. The other revision application is directed against an order of the District Magistrate dismissing the complaint of Lumbru, the applicant, against Shankar Dass and his wife Ludri for alleged offences punishable under Sections 307 and 307/114 I. P. C. and also for action under Section 403(4) of Cr. P. C. Both the revision applications arise out of a common set of facts relating to the same incident described below together with the findings of fact arrived at about it.2. It appears that on 24-7-1968, at about 11 A. M., when Paerey Lal. the son of the applicant Lumbru, was ploughing in his father's field, together with his cousin Maulu, a few feet ahead a gun shot was heard from the direction o...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1972CriLJ83
D.B. Lal, J.1. This is an application under Section 526 of the Criminal Procedure Code and the prayer is for the transfer of proceedings from the Court of the Sub-Divisional Magistrate, Nalagarh. to any other competent Court outside Simla District. Harsarup Dass is the applicant and he has alleged that his wife Srimati Rukmani Devi lumped into a well on the night on 9th June. 1971 as she committed suicide. The first postmortem examination on the body was performed on 10-6-71. There was a stir in the town and processions were organised. There was demonstration against the applicant who was suspected to be a murderer. As a result to all that, the District Medical Officer was summoned from Simla and he performed another post mortem examination on 11-6-71. The Police was investigating the case, but the District Magistrate Simla, chose to entrust the enquiry to the Sub-Divisional Magistrate. Kandaghat, under Section 176. Criminal Procedure Code, This Magistrate reached Nalagarh on 24-6-71 a...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1972HP69
Chet Ram Thakur, J. 1. This second appeal has been referred to a Full Bench as one of the questions which arose, when it came up for hearing before one of us, was whether the rights of the reversioners who had obtained a decree declaring that their rights were intact despite an alienation made by a widow, prior to the passing of the Hindu Succession Act, 1956, (hereinafter referred to as the Act), were affected by the provisions of the Act. A Full Bench of the Punjab High Court in Amar Singhv. Sewa Ram, had, it was submitted, held that the rights of reversioners are' not governed by the provisions of the Act, but by the law prevailing before the commencement of the Act. This question arose, on the facts found by the lower courts, as detailed below.2. On the death of Shihnu, the last male holder of the property in dispute, his widow, Smt. Karju, succeeded as a limited owner of the estate left. On 22-5-1946, she gifted the land in dispute, which included her share in Shamilat land, to La...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1972HP37
M.H. Beg, C.J.1. Each of the two petitioners before us complains of denial, on similar grounds, of admission into the Medical College. Simla, run by the Government of Himachal Pradesh (hereinafter referred to as the College). As questions of fact and law common to both the cases arose, they were connected and argued together, and will be disposed of by a single judgment.2. Both petitioners, about 17 years In age at the time of applying for admission, submitted that they had complied with the conditions given in the Rules contained in the prospectus of the college for the year 1970-71 so that they were entitled to be considered for admission by the Selection Board.3. The prospectus for 1970-71 gives the objectives of the teaching programme of the college as follows:--'1. To enable the students to prepare for general practice of medicine together with an understanding of the patient as an individual who is an integral part of the society.2. To help develop firm foundations of scientific ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1972HP117
D.B. Lal, J. 1. This second appeal has been directed against the judgment dated 24th June, 1968 of the District Judge, Kangra, whereby reversing the decision of the Sub-Judge First Class Una, he has dismissed the suit of the plaintiff which was for recovery of possession over landed property which was gifted by the plaintiff's ancestor to the defendants. Shrimati Kartari appeared in Court with the allegations, that her mother Shrimati Basanti was the exclusive owner of 20 Kanals and 16 Marias of land situate in 'Mauza' Badhara (P. S. Una) of which the Khasra numbers were given in the plaint. It was alleged that Shrimati Basanti was an old, feeble, helpless and illiterate woman. She was 'paroanashin' and was not in a sound state of mind as she used to remain sick. In fact, the plaintiff used to look after her and usually resided with her as she was her only daughter and had become widow within four years of her marriage. The plaintiff has no issues of her own. According to plaintiff, he...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1972CriLJ687
M.H. Beg, C.J.1. The appellant, Gomtu, was charged under Sections 302, 201 and 436 I. P. C. The charge contained three heads. The first head is a charge for committing the murder of a man called Gover Singh, 'together with Bali and Dharam. Khubu, and Karmu during the night 31st December. 1968 and 1st January. 1969' although no reference to either Section 34 I. P. C. or a 'common intention' is made in the charge. The remaining two heads of charges, one under Section 201 and the other under Section 436 I. P. C., are also framed without invoking the aid of Section 34 I. P. C. The learned Sessions Judge of Mandi acquitted Bali as well as the three sons of the appellant namely, Dharmu Khubu and Karmu because the evidence against them was found by him to be doubtful, but, convicted Gomtu appellant of an offence punishable under Section 302 I. P. C. and sentenced him to rigorous imprisonment for life and to pay a fine of Rs. 700/-, and, in default to undergo rigorous imprisonment for a furthe...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1972CriLJ956
M.H. Beg, C.J.1. This is an application under Articles 226/227 of the Constitution for the issue of an appropriate order or direction to the Sub-Divisional Magistrate Nalaearh in the District of Simla, who is conducting a magisterial inquiry into the cause of a woman's death under the orders of the District Magistrate of Simla. The object of that inquiry. as laid down by the District Magistrate is to inquire into questions.1. Whether there are reasonable aprehensions to believe that this death was a case of murder?2. Whether the local police acted promptly and properly in tackling this situation?2. The petitioner in this Court is the husband of one Rukmani Devi who alleges that his wife was of an unsound mind and that she committed suicide on the night between 9th and 10th June. 1971, by jumping into a well at Nalaearh of which a report was made by one Rattan Lal Dandotra to the police station Nalagarh during the same night at ll-l5 P. M. It appears that the Police held an inquiry into...
Tag this Judgment!Court : Himachal Pradesh
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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