Court : Himachal Pradesh
Reported in : AIR1973HP38
ORDERR.S. Pathak, C.J.1. This and the connected petition have been made under Article 227 of the Constitution, The first respondent, Balak Ram. presented two documents of sale, which purported to have been executed by Hira. before the Sub-Registrar, Theog for registration. Hira had already died and the petitioners, who are his legal representatives, denied execution. Accordingly, on June 1, 1970 the Sub-Registrar, acting under Section 5 (3) of the Indian Registration Act. refused registration. In June, 1970. Balak Ram made two applications under Section 73 fl) of the Act before the Registrar in order to establish his right to Jiave the documents registered. An objection, was raised by the petitioners that the applications did not conform to Section 73 (2) inasmuch as they were not signed by Balak Ram and had not been verified in the manner required by law for the verification of plaints. It is contended that the defects were defects of substance and not merely formal and they could not...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1973HP62
K.S. Pathak, C.J.1. This is a defendants' appeal arising out of a suit for a declaration of the plaintiffs' share in joint property.2. One Unchab had four sons. Kesru, Bahau alias Gobind Ram, Musaddi and Chaudhry who were owners of the land in dispute. Upon the death of Kesru his share in the land was mutated in the name of his three sons Anant Ram (defendant No. 11) Thakar Dutt (plaintiff), and Shiv Ram (defendant No. 12). Bahau died without issup and his share was mutated in the names of his brothers. Musaddi and Chaudhry and the sons of his deceased brother, Keshri. Chaudhry died, and his share was mutated in favour of his widow, sons and daughters who are defendants nos. 1 to 10. Musaddi also died without issue. He had gifted his share to defendant no. 1. The plaintiff alleged that he was entitled to 9/24 share in the entire land on the basis that Bahau had appointed him his heir and also that the gift by Musaddi in favour of defendant no. 1 was invalid.3. The trial court held that...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1973HP76
D.B. Lal, J.1. This first appeal has been brought by defendant the Union of India from the judgment dated 30thJune, 1970 of the Senior Sub-Judge. Mahasu, wherein the suit of the plaintiffs Sadh Bam and four others for a declaration as to their right of ownership for trees growing over 92.4 bigha area comprising in six Khasra numbers, situate in village Deha, Pargana Shilla, Tehsil Theog. is decreed.2. The plaintiffs' case before the learned Senior Sub-Judge was. that they were tenants of the disputed land of which the proprietary rights had vested in the State Government under Section 27 of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act. 1953 (hereinafter to be referred as the Abolition Act. 1953). Under Sub-section (4) of Section 27. the right, title and interest of the land-owner, namely, the State Government, were to be transferred to the tenants who cultivated the land. The plaintiffs claim to be such tenants and therefore applied to the Compensation Offi...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1973CriLJ1527
ORDERD.B. Lal, J.1. This rule in revision has been obtained in a case under Section 133 of the Criminal Procedure Code, pending before the Sub-Divisional Magistrate, Nahan. The facts of the case are, that the petitioners Ram Kishore and Jai Kishore claim ownership for khasra No. 942 which is an open piece of land situate in Chhota Chowk, within the town of Nahan. On one side of this land which is a Chabutra, there is a Haveli which at one stage belonged to Lala Bansi Lal who constructed a temple on the Chabutra for the use of the public. The three sides of Chabutra were left open for the public to traverse as they used to go to perform Puja etc. within the temple; on the occasion of Gugga Naumi, the members of the public assemble on this Chabutra and celebrate the festival for a period of 8 or 9 days and that is an annual function. Lala Bansi Lai fell in debts and the disputed property was purchased by the bank in public auction and the ancestors of the petitioners re-purchased the pro...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1973CriLJ1651
ORDERD.B. Lal, J.1. I have read the judgment of my brother and I am in full agreement with him that the prosecution has not succeeded, beyond the realm of a reasonable doubt, to bring home the offence under Section 302,1. P. Code, against the two accused. The sheet-anchor of the prosecution was the statement of Munshi Ram (PW), particularly the extra-judicial confession made by the accused Ram Swarup to him on 3rd February. 1970 at New Delhi. For this there was a clear discrepancy in the dates and in all probability the witness Munshi Ram could not have been present at Delhi on 3rd February. 1970. .according to the statement of the investigating officer Mani Ram. Foil reasons stated by my learned brother., Munshi Ram (PW) was not even a dependable witness. In the circumstances, the evidence regarding extra-judicial confession before Munshi Ram could not be relied upon.2. An unambiguous confession, if admissible in evidence and free from suspicion suggesting its falsity, is no doubt a v...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1974CriLJ718
ORDERD.B. Lal, J.1. Mina Ram and three others have been convicted by the Nyaya Panchayat, Dhar Gaura, Tehsil Rampur, and have been sentenced to pay fine. The case related to Sections 427, 223 and 504 of the Indian Penal Code. The complainant was Jivlu who is respondent in this case. There was also a cross-complaint filed by Kalu Ram one of the petitioners, against Jivlu and that complaint also related to the same occurrence. Formerly the two complaints came UP for trial before the Magistrate Second Class, Rampur, who transferred them for disposal to the said Nyaya Panchayat.2. Instead of proceeding with the complaint filed by Kalu Ram, for some reason or the other, the Nyaya Panchayat preferred to decide the complaint of Jivlu in the first Instance. After recording some evidence, the Panchayat came to the conclusion that Mina Ram and three others have committed the offences imputed against them and have been sentenced to pay individual amounts of fine. Mina Ram and others after being c...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1974CriLJ1007
ORDERD.B. Lal, J.1. This Rule in revision has been obtained by Shri R. K. Anand, Administrator, Municipal Corporation and seven others, against the order of the learned Chief Justice Magistrate, in a case under Section 380 of the Indian Penal Code, wherein the learned Magistrate has admitted the complaint of one Joginder Singh and has issued process against the petitioners under Section 204 of the Criminal Procedure Code. The facts of the case which give rise to this petition may briefly be stated.2. One Joginder Singh filed a complaint before the Chief Judicial Magistrate, wherein he made allegations that he was in occupation of a certain stall situate within the court-yard of the property known as Albion House. The Mall, Simla. He used to sell dried and fresh fruits as retail business at the stall. The Municipal Corporation wanted to remove the construction as, according to them, it was unauthorised. Accordingly, on the night between 11th and 12th August, 1971 Shri R. K. Anand, Admin...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1974HP35
Chet Ram Thakur, J. 1. This petition has been filed by Sukhvinder Kaur against an order refusing her admission in the Medical College.2. The petitioner passed her Matriculation Examination, from the Government Higher Secondary School, Sundernagar, which caters fbr the needs of various people residing in the town of Sundernagar and for the needs of neighbouring villages. The petitioner wanted to join the Medical College after doing her pre-Medical in the year 1969 but at that time she could not compete in order of merit in her own group. At that time, according to the terms of the prospectus cf the Medical College, B. Sc. students were given preference and this practice continued till the Session of 1970-71. Therefore, the petitioner did her B. Sc. securing 60.16 per cent marks in her compulsory subjects.3. For the Session 1971-72 the respondents issued a prospectus inviting applications for admission to the M. B. B. S. Course. The petitioner also applied. But the prospectus for the sai...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1974HP46
ORDERR.S. Pathak, C.J.1. The petitioner purchased forest trees standing in lot No. 6/64-65 in the Mashobra Range of Simla Forest Division. On the said purchase he was liable to pay Rs. 1,43,000/- to the Government. It seems that the petitioner was not able to pay the entire amount immediately, and, therefore, the Forest Department appropriated timber of the value of Rs. 40,106.88 against the liability. The remaining timber was not released by the Department for disposal by the petitioner. The Forest Department put the remaining timber to auction, and it fetched a sum of Rs. 5,500/- only. The petitioner requested the Divisional Forest Officer to permit him to pay Rs. 5,500/- and to release the timber in his favour. But the Forest Department directed that the timber be re-auctioned, and the re-auction held in May, 1968 yielded Rs. 8,340/-, The petitioner says that by this time against the total timber now appropriated by it against the petitioner's liability the Forest Department adjuste...
Tag this Judgment!Court : Himachal Pradesh
Thakur, J. 1. This application under Article 133 of the Constitution of India for a certificate of fitness for appeal to the Supreme Court has been filed by Shri Ashwani Kumar against the judgment of this court, dated 30th November, 1973, whereby his civil writ petition No. 177 of 1972 under Article 226 of the Constitution for quashing the selection and admission of respondents 4 and 5 and the rejection of his admission to the first year of the M. B. B. S. class to the Medical College by respondents 1 to 3 had been dismissed.2. The petitioner had on 25th August, 1972, applied for the admission to the first year of the M. B. B. S. Course for the 1972-73 Session against a general seat. The time fixed for receipt of applications for admission to the Medical College was 30th August, 1972. It appears that the petitioner made another application on 12th September, 1972, for admission to the M. B. B. S. Course against one of the two seats reserved for wards of political sufferers and persons ...
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