Court : Himachal Pradesh
Decided on : Jan-14-1965
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
Decided on : Apr-24-1965
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
Decided on : May-13-1965
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
Decided on : Oct-30-1965
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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