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Jan 22 1951 (HC)

Baghat Transport Service Ltd. and ors. Vs. the State of Himachal Prade ...

Court : Himachal Pradesh

Reported in : AIR1951HP36

ORDERChowdhry, J. 1. These are seven apolns. for writs of mandamus and prohibition under Article 226, Const Ind. The appcts. are: (1) Messrs. Baghat Transport Service Ltd. Solan, through Sardar Dalip Singh, its director, (2) Sm. Durga Devi of Kalka, (3) Pandit Hari Ram Sharma of Premier Motor Service, Kalka, (4) Messrs. Bhan Singh Hari Singh, through Bhan Singh of Solan, (5) Prabh Dyal of Kalka, (6) Siri Ram of Kalka & (7) Rajinder Kumar of Kalka. They run passenger service on the Simla Hill Road within the territory of the State of Himachal Pradesh, holding contract carriage permits for various vehicles, granted to them, under the Motor Vehicles Act, 1939, by the Provincial Transport Authority of the said State. The first appct. holds permits for two vehicles & the third for three, & the rest of them hold permits for one vehicle each.2. All the seven appcts were originally granted permits for their respective vehicles on 1.4.1949 for a period of one year. Those permits were later on r...

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Jan 02 1951 (HC)

Jagarnath and ors. Vs. Gayaroo and ors.

Court : Himachal Pradesh

Reported in : AIR1951HP51

ORDERChowdhry, J. 1. This reference is by the Subordinate Judge first class Kasumpti under Section 99, Punjab Tenancy Act (XVI [16] of 1887) because he enter, tains a doubt whether he is precluded from taking cognizance of a suit instituted in his Ct.3. The pltfs. in the suit instituted in the Cfc. of the Subordinate Judge are Jagarnath & his two minor brothers Arjan and Gita Ram, and the defts. are Gayarao & his brothers Dragoo and Masania. The former are landlords of two bighas and thirteen biswas of land in village Barog Manlog, Tehail Arki, District Mahasu. Tha defts., who were tenants-at-will of the land, were dispossessed by the pltfa. The defts. thereupon filed a criminal complaint against the pltfs. which was unsuccessful. Thereafter the pltfs. filed an appln. to the Revenue Officer under Section 43 of the said Act for service on the defts. of a notice of ejectment on the ground mentioned in Clause (b) of Section 42, namely that the defts. had not a right of occupancy and did n...

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Dec 01 1950 (HC)

Pritam Singh Vs. L. Khushi Lal

Court : Himachal Pradesh

Reported in : AIR1951HP52

Chowdhry, J. 1. This is a deft's first appeal against the judgment & final decree for sale under Order 34,. Rule 5, Civil P C., dated 17-3-1950, passed by the Senior Subordinate Judge of Kaaumpti,2. On foot of a simple mtge. dated 23-6-1935, executed by the applt. Pritam Singh in favour of Jagannath, deceased father of the pitf.-resp. Khushi Lal. for Rs. 2,000 the pltf filed a suit in the Ct. of the Dist. J. of Theog, Relief was claimed against Pritam Singh & his firm styled as Kattar Singh Gurbana Das. The pltf. also impleaded his two brothers, Bakshi Ram & Roshan Lal, as pro forma defts on the ground that under a will made by his father he alone was entitled to sue on foot of the mtge.-deed.3. A preliminary decree under Order 34, Rule 4, waa passed by the Dist. J. of Theog on 15-1-1947. The present deft, went up in appeal to the Chief Judicial Officer which was dismissed on 17-7-1947. He than filed a second appeal before the Judicial Commitee which was also dismissed on 8 6 1948 Ther...

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Nov 25 1950 (HC)

Baijnath Vs. Ram Nath and ors.

Court : Himachal Pradesh

Reported in : AIR1951HP32

Chowdhry, C.J. 1. These are two second appeals by the defendant Baijnath arising out of two separate suits id both of which the plaintiffs were the same, Tholia and his son Ram Nath. Tholia having died, his son Brahm Nath has been brought on record as his legal representative in the second appeal. The brothers Ram Nath and Brahm Nath are thus the plaintiffs-respondents in both these appeals.2. Both the suits were dismissed by the trial Court but decreed on appeal by the District Judge of Chamba. The present second appeals were thereupon filed by Baijnath in the Court of the Chief Judge of Chamba. Under Notfn. no. 3. 79-15/48, dated 14-1-1949, read with Section 36, Chamba State Courts Act, the Chief Commissioner of Himachal Pradesh referred to the Judicial Committee for its opinion cases that were pending in the Chief Court of Chamba. That is how these second appeals are now before me as Judicial Committee.3. The two suits were for recovery of value of offerings made on the occasion of ...

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Nov 20 1950 (HC)

Kanhya and anr. Vs. the State

Court : Himachal Pradesh

Reported in : AIR1951HP35

ORDERChowdhry, J. 1. This is a reference by the learned Additional Sessions Judge of Chamba recommending that the conviction of Kanhya for manufacturing and for being found in possession of arms without licence, and of Sahnu for being found in possession of arms without licence, and the sentences of fine imposed upon them by a learned first class Magistrate of Chamba be set aside.2. It appears that on a search of the house of Kanhya, who is a black-smith by profession, two country-made guns and a country-made pistol were recovered. One of the guns belonged to Sahnu, who held a licence for the same but it had expired before the date of its recovery from Kanhya's possession. The other gun belonged to one Phulgari, who held a valid licence for the same.3. Kanhya's case may be taken up first. He stated that he made the pistol in the time of Raja Ram Singh. The prosecution led no evidence as to when it was manufactured. Section 19 (a) of the Arms Act penalises manufacture of arms, but not r...

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Oct 26 1950 (HC)

Choudhary Vs. Devi Ram and ors.

Court : Himachal Pradesh

Reported in : AIR1951HP25

ORDERChowdhry, J. 1. This is a reference under Section 438, Criminal P. C. by the District Magistrate of Mahasu recommending that this Court, in exercise of its revisional jurisdiction, should set aside the order of a first class Magistrate of Solan acquitting the accused Devi Bam of cm offence punishable under Section 498, Penal Code, and order his retrial.2. A complaint was filed by one Chaudhari on 18-9-1948 that about 6 years ago the accused had enticed away the complainant's legally wedded wife Mt. Dilgiro, knowing her to foe the complainant's wife, and that he had been detaining her and having illicit intercourse with her. The accused admitted Mt. Dilgiro being the complainant's wife but he denied that he had enticed her, or had been detaining her, or that he had illicit intercourse with her. He stated that she was his wife's cousin and had come to his house in hia absence, and had been living there, of her own accord. He also stated that when she came to his house he had a repor...

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Oct 16 1950 (HC)

The State Vs. Kali

Court : Himachal Pradesh

Reported in : AIR1951HP28

Chowdhry, J. 1. This is a Government appeal against the acquittal of the respondent Kali of a charge under Section 9 (c), Opium Act, by a learned Magistrate of Nahan.2. One maund and twenty-nine seers of opium was discovered from a hillock about four furlong a from the respondent's house on being pointed out by him. The prosecution case is that the discovery was preceded by a statement made by the respondent to the police that he along with others had concealed the opium there. The defence was that the opium had not been concealed by the respondent but by others, and that the respondent had detected those others concealing the opium and informed the police about it.3. The respondent produced no evidence in support of his version, but the learned Magistrate found himself precluded from finding him guilty by two rulings of the Allahabad and Lahore High Courts reported as Baldeo v. Emperor, A. I. R. (27) 1940 ALL. 263 : (41 or. L. J. 627 F. B.) and Hakamkhudayar v. Emperor, A. I. R, (27) ...

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Oct 05 1950 (HC)

indar Dass Vs. State

Court : Himachal Pradesh

Reported in : AIR1951HP31

ORDERChowdhry, J. 1. This is an application for bail by one Indar Dass who is said to have been arrested on 28-9-50 at a village within P. S. Kumarsain, and who is now under detention in P. S. Theog. The offence alleged against him is one under Section 409, Penal Code.2. A preliminary objection was taken by the learned Government Advocate that the learned counsel who has presented this application not having been appointed his Pleader by the accused the application should be thrown out. As this was a matter of some importance for guidance of future practice in this Court, I heard the learned counsel on it at some length. Now there is nothing in the Criminal Procedure Coda corresponding to Order 3, Rule 1, Civil P.C., requiring an accused to be represented by a duly appointed Pleader. For that reason it has been the invariable practice in at least one High Court, viz., the Patna High Court, to allow advocates to appear and act for accused persons in criminal cases WITHOUT any authority ...

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Oct 03 1950 (HC)

Beg Ram and anr. Vs. Charan Das and ors.

Court : Himachal Pradesh

Reported in : AIR1951HP16

ORDERChowdhry, J.1. This is a plaintiffs' application in revision under para. 35 (1) (a), Himachal Pra-desh (Courts) Order, 1948. They sued the defendants in the Court of the Senior Subordinate Judge at Kasumpti for possession of a certain immovable property as nearest reversioners to the estate of the last maleholder of that property. For the determination of the Question whether the plaintiffs were such reversioners, they had to prove a pedigree, and they filed in that connection a certified copy, EX. Y, of an entry in a register. The learned Subordinate Judge by an order dated 16-5-1949 rejected this document holding on the authority of Basant Singh v. Brij Raj Saran, A.I.R. (22) 1935 P. C. 132 : (57 ALL 494) and on an interpretation of Section 90, Evidence Act, that the document, being a copy of a copy, was not admisaible in evidence. It is against this order that the plaintiffs have come up in revision.2. Two preliminary objections have been taken on behalf of the defendants-respo...

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Sep 18 1950 (HC)

Dhan Singh Vs. Madan Singh

Court : Himachal Pradesh

Reported in : AIR1951HP22

Chowdhry, J.1. This is a defendant's second appeal arising out of a suit for big ejectment from a double storeyed house situate in Mauza Cheli, pargana Chabrogti, tehsil Kasumpti District Mahasu, and for recovery of Rs. 60 (rupees sixty) as one year's arrears of rent at Rs. 5 per mensem.2. The plaintiff-respondent filed this suit purely as a suit based on a contract of tenancy. The defendant-appellant not only denied the tenancy but also contended that he, and not the plaintiff, was the owner of the house. The trial Court, the first class Subordinate Judge of Kasumpti, held that the alleged tenancy was not proved, but he decreed the suit for possession on the finding that the plaintiff was the owner of the bouse. It also gave the plaintiff a decree for Rs. 24 (rupees twenty-four) as damages for me and occupation of the house for one year. The defendant went up in appeal to the District Judge of Mahasu, and that Court, concurring with the finding of the trial Court as regards plaintiff'...

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