Court : Himachal Pradesh
Decided on : Mar-06-1972
Reported in : AIR1973HP81
D.B. Lal, C.J. 1. These are two connected and consolidated regular second appeals, and can conveniently be disposed of by a single judgment. Both the suits related to the right of pre-emption claimed by the plaintiffs on the basis of their being co-sharers, along with the vendors. In both suits, the vendees are strangers to the family of the vendors. RSA No. 169/67 is directed against the decision of the District Judge, Hoshiarpur, whereby agreeing with the finding of the Senior Sub-Judge. Kangra. he has dismissed the suit of the plaintiffs Kalu Ram and three others and repelled their contention that the notification No. 4669 dated 6th March. 1917 (hereinafter to be referred as the notification of 1917) does not hold the field because of the amendment of Section 15 of the Punjab Preemption Act 1913 (hereinafter to be referred as the Act of 1913) by the Punjab Pre-emption (Amendment) Act. 1960 (hereinafter to be referred as the Amendment Act of 1960). The plaintiffs in thatsuit claimed ...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Mar-07-1972
Reported in : AIR1972HP139
ORDERChet Ram Thakur, J. 1. In this petition under Articles 226 and 227 of the Constitution of India, Shri Narain Singh challenges the validity of the order (Annexure D) of the Secretary, Panchayats, respondent No. 1, dated 26-8-1971, whereby the petitioner has been suspended from the office of the President. Gram Panchayat Salogra. The impugned order reads as under:--'Whereas an inquiry into the complaints filed by Smt. Bimla Devi wife of Shri Jagdish, resident of Salogra, Tehsil Solan, District Mahasu is contemplated against Shri Narain Singh, President, Gram Panchayat, Salogra; Now, therefore, the Government in terms of the provisions of S. 54 of the Himachal Pradesh Panchavati Rai Act, 1968, orders the suspension of the said Shri Narain Singh from the office of the President Gram Panchayat Salogra with immediate effect and further order that the Deputy Director of Panchayats, Himachal Pradesh will conduct the inquiry and furnish his report to the Government within 20 days. It is al...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Apr-18-1972
Reported in : AIR1973HP47
R.S. Pathak, C.J.1. This is a petition praying for certificates under Sub-clauses (b) and (c) of Clause (1) of Art, 133 of the Constitution.2. The premises described as Shop No. 50. The Mall. Simla, consist partly of residential accommodation and partly of commercial accommodation. The en-tire premises were let out by the first Respondent Dhanni Devi to the second Respondent Krishan Kumar, and it appears that thereafter Krishan Kumar occupied the commercial portion of the accommodation only and sub-let the residential portion to the petitioner. An application was made by Dhanni Devi for the ejectment of the petitioner and Krishan Kumar on the ground that Krishan Kumar had sub-let the accommodation to the petitioner without her permission. The application was reject-ed on the finding that the sub-letting had been effected with her permission. Thereafter an application was made by Dhanni Devi under Section 13 (3) (a) (i) of the East Punjab Rent Restriction Act, 1949. She claimed possessi...
Tag this Judgment!Court : Himachal Pradesh
Decided on : May-01-1972
Reported in : AIR1973HP44
ORDERChet Ram Thakur, J.1. Sobha Ram and another had filed an appeal against the judgment and decree, dated 24-10-1969. passed by the District Judge, Sirmur at Nahan. dismissing the appeal of Sobha Ram against the judgment and decree of the Senior Sub Judge, Nahan. decreeing the suit of Bahadur Singh for possession of the suit land through pra-emption.2. Bahadur Singh plaintiff-respondent died during the pendency of this second appeal and according to the appellants he had no legal representative excepting Ohetu respondent No. 2, vendor, and as such the appeal must now be accepted as the suit had become in-fructuous. inasmuch as the appeal is also in continuation of the suit and the suit be dismissed.3. Sunder Singh son of Chuhar Singh filed a reply to this application opposing the same on the ground that the deceased had transferred through aregistered gift deed, dated 14-8-1969 his night, title and interest in. the land measuring 12 bighas 10 biswas including the land in dispute in t...
Tag this Judgment!Court : Himachal Pradesh
Decided on : May-12-1972
Reported in : AIR1972HP105
ORDERR.S. Pathak, C.J. 1. The petitioner is a Municipal Committee constituted under Section 10 of the Himachal Pradesh Municipal Act, 1968. Sri Pyare Lal is the President. The fourth respondent, Shri. Durga Singh Thakur, is one of the members of the Committee. By a letter dated December 29, 1969, addressed to the Deputy Commissioner, Mahasu District, Kasumpti, the fourth respondent submitted his resignation from the membership of the committee. The ground tar his resignation Was the decision of the Government turning down the vote of no confidence in the President. He stated that in case the Government was prepared to review its decision. he would withdraw his resignation. However, on March 17, 1970, even without any response from the Government the fourth respondent wrote to the Deputy Commissioner withdrawing his resignation. The Committee, on coming to know of that communication, wrote to the Deputy Commissioner that the notice of withdrawal was barred by time inasmuch as it had not...
Tag this Judgment!Court : Himachal Pradesh
Decided on : May-12-1972
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
Decided on : May-19-1972
Reported in : 1973CriLJ1658
Chet Ram Thakur, J.1. The appellants have been convicted under Section 376 of the Indian Penal Code and sentenced to five years' rigorous imprisonment and a fine of Rs. 250/- each. In default of payment of fine the accused have been sentenced to undergo further six months rigorous imprisonment.2. The admitted facts are that Lachhman Singh, aged 55/56 years, is employed as a peon in the Engineering College at Chandigarh and Surjan Singh Is a Store-keeper in that College, whereas Ram Lai (P. W. 3) the father of Shakuntla prosecutrix (P. W. 1) is a washerman in the same college. Smt. Shafcuntla (P. W. 1) was suffering from some abdominal trouble and Lachhman Singh accused who also lived in a quarter adjoining to the quarter of the father of the prosecutrix had been treating her for the disease by 'Jhar Phunk i.e. exorcism, witchcraft Lachhman Singh was alleged to have been practising. As Lachhman Singh was an elderly man as also a neighbour, therefore, the mother of Shakuntla used to addr...
Tag this Judgment!Court : Himachal Pradesh
Decided on : May-23-1972
Reported in : AIR1972HP101
Chet Ram Thakur, J.1. This appeal is directed against the judgment and decree of the District Judge, Mandi, dated 23rd February, 1968, whereby the judgment and decree passed by the Senior Sub-Judge, Mandi was reversed and the suit of the plaintiffs was dismissed.2. The relevant facts for the purposes of this appeal are:--One Mehar Chand on the basis of a document Exhibit DK/1 obtained a decree for Rs. 150/- with costs on 3-5-1953 from the Court of Sub Judge, Sunder Nagar, against Bhawania Chugthu and Jeonu. The judgment-debtors failed to make payment of the decretal amount, hence the decree-holder in execution of the decree got 6 biswas of land out of khasra No. 3869/1731 measuring 2 bighas 7 biswas situate in Muhal. Sunder Nagar. attached and auctioned. The property was purchased in the court-auction by the decree-holder himself. He sold this land to Gian Chand for Rs. 200/-.3. The present plaintiffs are the sons of Bhawania, one of the judgment-debtors in the previous suit and also o...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jul-27-1972
Reported in : 1973CriLJ1030
Chet Ram Thakur, J.1. Saligram has preferred this appeal against his conviction under Sections 409 and 466, I. P. Code and sentence of six months' rigorous imprisonment and a fine of Rs. 100/- under each count passed by the Additional Sessions Judge, Kangra at Dharamsala on 31st December, 1970.2. The appellant was employed as a Postman in the Post Office, Nurpur during the months of March and April, 1967. Ram Lai (P.W.) was the Postal Clerk and Ram Parkash (P.W.) was the Postmaster of that Post Office. One money order for Rs. 40/-was booked from Subathu Post Office on 21st March, 1967 by Prem Singh Pathania (P.W.) payable to his son Rajeshwar Singh (P.W.) at Nurpur. The said money order was received in the Nurpur Post Office on 23rd March, 1967. Necessary entries in the register known as 'M.O.-3' were made by Ram Parkash Clerk (P.W.). Thereafter he gave the amount with the money order to the accused for disbursement to Rajeshwar Singh who was then a student in the Government Higher Sec...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Aug-04-1972
Reported in : 1973CriLJ150
D.B. Lal, J.1. This was an appeal by Ram Singh Constable of the Treasury Guard Police Station Rohru. against the order of his conviction sentencing him to death, for the offence of murder punishable under Section 302. I.P.C. There was the usual Reference by the State for the confirmation of the death sentence. After hearing the learned Counsel and after a careful perusal of tile record, we have maintained the conviction, but have altered the sentence by reducing it to life imprisonment. We accordingly rejected the reference for confirmation of death sentence. We pronounced the judgment and proposed to give our reasons at a later date. We are now giving our reasons for the judgment which we have already pronounced.2. The prosecution case was, that Ram Singh was posted as Constable of the Treasury Guard at Police Station, Rohru. and on 17th of July. 1970, his duty hours were 9. 00 p.m. to 12.00 mid. night, one of the rooms in the premises of the Police Station was utilized for the Treasu...
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