Court : Himachal Pradesh
Reported in : AIR1951HP1
Bannerjee, J.1. The appellant, Nathu, has been convicted of murder by the learned Sessions Judge and baa been sentenced to death. He has also been found guilty under Section 450, Penal Code, and sentenced to four years' rigorous imprisonment. He has, further, been found guilty under Section 394, Penal Code, and sentenced to the sama terms of rigorous imprisonment. The sentences, under Sections 450 and 394, Penal Code, have been directed to run concurrently.2. The appellant No. 2, Padam Pal, has been convicted under Section 450, Penal Oode, and sentenced to four years rigorous imprisonment. He bas also been found guilty under Section 397, Penal Code, and has been sentenced to seven years rigorous imprisonment. The sentences are directed to run concurrently.3. The appellant No. 3, Ganga Ram, has been found guilty under Section 450, Penal Code, and has been sentenced to two years' rigorous imprisonment. He has also been convicted under Section 394, Penal Code, and has been sentenced to th...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1951HP61
ORDERChowdhry, J. 1. This is adeft.'s application in revision against the judgment & decree of the Senior Subordinate Judge of Jubbal dated 26-10-1950, dismissing hia appeal & affirming the judgment & decree of the Subordinate Judge of Jubbal, dated 27-6-1950, whereby the pltfs. resps. were granted a decree for possession of three biswas & fourteen biswansis of land & for a mandatory injunction to the deft.-applicant to demolish a wall. The revision has been filed under para. 35 (1) (a), Himachal Pradesh (Courts) Order, 1948. 2. A preliminary objection was taken on behalf of the plfs.-resps. that the provisions of the Himachal Pradesh (Courts) Order are not applicable, but those of the Code of Civil Procedure, & that under Section 115 of the Code the present revision is not maintainable. It is necessary to dispose of this preliminary objection since provisions relating to appeals & revisions in the said Order are different from those in the Code. 3. Before proceeding further, it would ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1953HP19
Chowdhry, J.C. 1. This is a second appeal by the minor plaintiff Hari Das through his natural father Balak Ram as his next friend. Dhani Ram made a gift of his property to Jiwanu and Moti Ram. A report for mutation of this gift was made by the Patwari on 14-7-1948 and, despite the objection of Balak Ram on behalf of the minor, sanctioned on 2-8-1948. The present suit was then filed against the donor and the donees on .18-6-1949 by the minor, claiming to be an adopted son of the donor Dhani Ram, and alleging the property to be ancestral, for a declaration that the gift is invalid and ineffectual against the interests of the plaintiff. The adoption was alleged to have taken place on 28-1-1946.2. The plaint mentioned both the Hindu Law and custom. One of the issues framed by the trial Court therefore was: Are the parties governed in the matter of succession and alienation by custom, and if so, what is that custom, and what is its effect on the suit? The matter in respect of which custom h...
Tag this Judgment!Court : Himachal Pradesh
T. Ramabhadran, J.C. (1) This is an appeal under Section 39 (1) (vi) of the Indian Arbitration Act. It arises under the following circumstances:--On 30-6-1945 A. D., the erstwhile Darbar of Sirmur State granted a monopoly in favour of Professor Harcharan Das in respect of cultivation and collection of medicinal herbs within Sirmur State, to enable him to manufacture drugs therefrom, and dispose of the same, either within the State, Or by export outside the State. The monopoly rights were to hold good for a period of 20 years, subject to the condition that the Professor floated a Private Limited Company with a capital of Rs. 10,00,000/- after obtaining the necessary permission from the Examiner of the Capital Issues, Government of India. Half the capital was to be raised within Sirmur State and the rest from British India. On 18-9-1945, A. D., a formal agreement was entered into by the Sirmur Darbar, on one side, and Prof. Harcharan Das, on the other, which, inter alia, recorded the mon...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1972HP137
R.S. Pathak, C.J. 1. This is an appeal purporting to be under Section 39 of the Arbitration Act read with Clause 10 of the Letters Patent and also S. 10 of the Delhi High Court Act.2. In 1960, the appellant and the respondents Nos. 1 to 6 entered into an agreement with the Himachal Pradesh. Government to take on lease certain forests. The agreement provided for arbitration in the event of a dispute or difference between the parties. A dispute did arise, and it was referred to an Arbitrator, Shri H. S. Pathania. Both the parties appeared before the Arbitrator and participated in the arbitration proceedings. On December 20, 1970, the Arbitrator made an award in favour of the lessees. It seems that on December 22. 1970 the Arbitrator personally appeared before the High Court and filed his award. On the same date, copies of the award were given to the lessees aswell as to counsel for the Union of India, who was representing the interests of the Himachal Pradesh Government.3. On January 8, ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1973HP1
R.S. Pathak, C.J.1. This appeal is directed against the order of our brother Chet Ram Thakur granting an Interim injunction during the pendency of an application under Section 20 of the Indian Arbitration Act.2. The respondent. M/s. H. S. Sobti and Co., had entered into a contract with the appellants, for the construction of a Girls Hostel for tbe Medical College at Simla. The respondent could not complete the work within the stipulated period as, according to him. the progress of the work was impeded. The raspondent complained that money lawfully due to him was being withheld by the appellants and tlie security of Rs. 20,000/-furnished by him hod also been forfeited. He also complained that the contract had been rescinded by tbe appellants. Accordingly, he applied under Section 20 of the Indian. Arbitration Act in this Court. While the application under Section 20 was pending, the respondent also applied for an interim Injunction under Rules 1 and 2 of Order 39 read with Sections 141 ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1980HP16
T.U. Mehta, C.J.1. All these eight appeals arise out of the compensation award given by Motor Accidents Claims Tribunal, Kangra Division to various claimants. All of them contain some common points of law. These claims have arisen out of the same motor accident and, therefore, some of the important facts relating to all these cases are also the same. In view of this, we propose to dispose of the common points arising in these appeals by a common judgment. After disposing of these common points, we shall take up the individual appeals and shall dispose of individual cases on merits 2. Facts of the case are that on 9th October, 1970, a passenger bus, which at the relevant time belonged to the Government transport, and which was having No. HIM 4174, was travelling from Tisa. It was bound for Chamba. When this bus arrived at a place known as Majra Ghar at 3 p.m. on that day, it met with this unfortunate accident in which 44 persons died and 11 were injured. The claims with which we are con...
Tag this Judgment!Court : Himachal Pradesh
Reported in : II(1985)ACC130,(1985)ILLJ369HP
P.D. Desai, C.J.1. This appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') is preferred by the original claimant (father of the deceased workman) against the order passed by the Commissioner for Workmen's Compensation, Rampur (hereinafter referred to as 'the Commissioner') disallowing the claim to compensation on the ground that the same was time barred.2. The facts briefly stated are that the appellant preferred the claim before the learned Commissioner against the State Government (Forest Department) on April 4, 1981 alleging that his son met with death as a result of the injury caused to him by an accident arising out of and in the course of his employment on 11th September, 1974. The Divisional Forest Officer, Nichar, District Kinnaur, who was served with the notice of the claim, filed a written statement on 20th October, 1982, inter alia, denying the liability and raising the plea of limitation. It appears that the case proceeded...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1985HP82
H.S. Thakur, J.1. This Letters Patent Appeal is directed against the decree and judgment of the learned Single Judge (M. R. Ansari, J.), dated May 19, 1970. The appellant in the present appeal is the defendant in the suit whereas the respondents are the plaintiffs. The appellant shall hereinafter he referred to as the 'defendant' and the respondents as the 'plaintiffs'.2. A few facts relevant to decide this appeal may be stated. The plaintiffs filed the suit for declaration that they were in possession of the suit property as its owners and, in the alternative, for possession of the suit property. The case of the plaintiffs was that the suit property originally belonged to one Onkar Singh. He died on March 20, 1933 and. on his death, the property was inherited by his widow Smt. Giano Devi, the defendant, as a life tenant and mutation was attested in her favour on April 22, 1933. Four or five years after the death of Onkar Singh, the defendant contracted a second marriage with one Girdh...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1985HP103
H.S. Thakur, J. 1. This Letters Patent Appeal is directed against the decree and (contd. on col. 2)judgment of the learned single Judge dated Nov. 9, 1973, who affirmed the decree and judgment passed by the learned Additional District Judge.2. A few facts relevant to decide this appeal may be stated. The land in dispute is one fourth share in Khasra Nos. 35, 38, 2/2, 3, 4, 53/2, 57, 58/2, 39, 45 and 52 measuring 43 bighas and 2 biswas situated in village Bamta. In order to understand this case, it is necessary to set out the genealogical table which gives the relationship of the' parties and to make certain observations : Balku | ____________|___________________________ | | | Kahna Jalam Jagta | | | | Masadi | _________________| (died issueless) | | | | Kalia Bhola | | (Mst. Phini | | widow) | | | _______|_________________ ___________________|__________ | | | | |Lobhi Negi Gopal Jiwanoo Sardaroo Budhoo(Deft.6) (Deft.5) (Deft. 4) (died issueless) | (Deft.1) | _________|____________ | | ...
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