Court : Himachal Pradesh
Reported in : 1972CriLJ956
..... to this court under section 435 read with section 438 cr. p.c. for quashing the above mentioned order. the district and sessions' judge held that the magistrate concerned in making an inquiry under provisions of section 176 (1) criminal p.c. was not acting as a 'criminal court' at all but was holding what he described as merely an 'executive ..... inquiry'. the learned judge therefore held that a reference in such a case on an application under section 435 criminal p.c. was not permissible.6. it also appears that the ..... magistrate outside district simla. that application was rejected by our learned brother d. b. lal primarily on the ground that the magistrate holding an inquiry under section 176 cr. p.c. was not acting as a court and no iudicial proceeding had begun vet. the order passed by the district magistrate for the inauiry to be held by the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1972HP122
..... chikhreshwar through shri daulat ram, karta and president of the temple of the aforesaid deity as a next friend for setting aside the order and judgment of the learned district judge, dated 24th november, 1967, upholding the judgment and order of the learned compensation officer, mahasu.2. the petitioner's land vested under the provisions of s. 27 of the ..... of representation to protect its interest.6. however, the contention raised by the learned advocate-general is that the petitioner had an alternative remedy under section 92 of the act by way of a suit. but a plain reading of the section would reveal that no suit can be filed by a small land-owner for the sanction of the ..... grant. in this behalf, i am supported by bishwanath v. radha ballabhiji, air 1967 sc 1044, which says that when such an alienation has been effected by the shebait acting adversely to the interest of the idol, even a worshipper can file the suit, the reason being that the idol is in the position of a minor and when the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1972HP101
..... or immoral purpose, and that to establish general extravagance against the father was insufficient. it was not necessary for the purchaser to show that there had been a proper inquiry as to the purpose of the loan, or to prove that the money was borrowed for family necessities. here in the instant, case, the sale, therefore, cannot ..... of a decree obtained by mehar chand against the father of the plaintiffs for a debt which had been secured for meeting the expenses of succession which was an act beneficial for the coparceners. moreover, from the evidence on the record, it is clear that bhawania was the seniormost member of the family and. therefore, he could ..... 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 .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1973CriLJ1030
..... (4) of this section reads as under:after forwarding a report under this section, the officer in charge of the police station shall, before the commencement of the inquiry or trial, furnish or cause to be furnished to the accused, free of cost, a copy of the report forwarded under sub-section (1) and of the first ..... magistrate as also the investigating officer were written by the accused and that belies the stand of the accused that he does not know english. the learned sessions judge, no doubt, has wrongly rejected the prayer of the prosecution for examining the handwriting expert. but in the absence of non-examination when the necessary material is ..... there the court under section 73 of the indian evidence act can also examine the disputed handwriting with the specimen handwriting which is taken by the magistrate and is admitted by the accused to have been written by him .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1973HP64
..... was laid down that if the value of the original suit does not exceed rs. 5.000, an appeal from the decree would lie to the district judge under section 39 (1) ofthe punjab courts act. any way this was a mortgage suit and not an account suit. in gajja singh v. gurdial singh (air 1960 punj 467 (fb)) which was a ..... of money due on unsettled accounts the value which the plaintiff is permitted to fix on the plaint is merely tentative, intended to serve as a starting point for the inquiry, and that the real value is the amount which is finally found due by the court on taking the account and for which it passes a decree in favour of ..... plaintiff would be prepared to pay additional court-fee, if the amount so ascertained exceeds the claim in suit.' this amendment was opposed by the defendants. the learned senior subordinate judge pronounced the judgment in the case on 26th august, 1960 and towards the close of the judgement it has been stated that. 'on 24th august, 1960, the plaintiff's counsel .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1973CriLJ150
..... section 302, i.p.c. and not under section 304 or section 304. a of that code.23. as to the sentence. in our opinion, the learned sessions judge failed to notice certain attendant circumstances. admittedly the appellant had good relations with the deceased. since filthy abuses were exchanged, some provocation was there. it was not a preplanned ..... on over a fairly long period of time, and it is not possible to hold that the provocation was sudden. the death was never caused by rash or negligent act which did not amount to culpable homicide and therefore, the possibility of the application of section 304-a is ruled out as we have already stated the offence is ..... which have been established.21. the suggestion made by the defence that the deceased got arrested one sharamjit and also a few persons under section 34 of the police act and so had other enemies held no water. the deceased was rather popular amongst the people and that is the evidence on the record. several other suggestions were made .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1973HP38
..... a division bench of the lahore high court held that the mere omission to verify a petition moved under section 73 of the indian registration act would not invalidate the petition. the learned judges pointed out that when a plaint with defective verification or with no verification at all was filed in court it could always be amended and ..... of the court below directing the plaintiff to amend the plaint in case he wanted certain documents to be admitted in evidence, and placed on the record. the learned judge observed:'evidence is to be admitted if it is relevant to the issue, arising out of the pleadings, and at the stage of evidence the court is not, ..... appeal the state transport tribunal set aside the order. the allahabad high court upheld the decision of the tribunal because of the peculiar position obtaining under the motor vehicles act which, the court pointed out. could not be compared with the position under the code of civil procedure. another case cited for the petitioners is rev. g, .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1973HP30
..... the case of courts of justice and other judicial tribunals, but in the case of authorities which, though in no sense to be called courts, have to act as judges of the rights of others.' the supreme court laid down that actual proof of pre-judice was not necessary.23. the doctrine is not confined to cases ..... in the exercise of a iudicial power are merely those which facilitate, if not ensure, a lust and fair decision. rules of natural justice were applicable to administrative inquiries in order to prevent miscarriage of justice. the supreme court, in that case, was concerned with the validity of selections made to the indian forest service. pursuant ..... the selection grade in the dhanic service, sh. d. k. khanna with effect from december 23. 1967 and shri sita ram kanwar with effect from january 19, 1968.8. the indian administrative service (appointment by promotion) regulations. 1955 were promulgated by the central government for the purpose of promoting members of the state civil services to .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1973CriLJ1375
..... is irresistible after a perusal of evidence that the tree, if at all, constitutes a private nuisance and not a public nuisance. according to the learned sessions judge, proceeding under section 133, criminal procedure code cannot be instituted in relation to a private nuisance and hence, according to him, the complaint was misconceived and the learned ..... the basis of (1966) 68 pun lr 490, that the revision petition was not maintainable before the learned sessions judge in view of the provisions contained in the punjab separation of judicial and executive functions act, 1964. but the case relied upon by the learned counsel is repealed by a division bench of the same ..... high court in jaswant singh v. smt. pritam kaur . therefore, there can be no exception to this that the revision petition was maintainable before the learned additional sessions judge, dharamsala.10. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1974HP19
..... statement of the witness it appears that the department did not know about the death of dhampu till it received a notice from the court of the additional district judge, in the execution proceedings taken out by one munshi ram claiming himself to be a legal representative of dhampu deceased for payment of compensation amount. no reason excepting ..... than a private party and there can scarcely be any question of construing the expression sufficient cause more liberally merely because the party in default is the government, air 1968 all 255. in union of india v. ram charan, air 1964 sc 215, it has been held that the mere allegation that government did not come to ..... of the witness is quite vague and not convincing. the inquiry has been reduced into writing but oral evidence to prove the same has been adduced and which is inadmissible. the best evidence has been withheld and an adverse inference under section 114 (g) of the indian evidence act must be drawn against the applicant.10. for the above .....
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