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Himachal Pradesh Court March 1989 Judgments

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Mar 28 1989

Prakash Chand Vs. State of Himachal Pradesh and ors.

Court: Himachal Pradesh

Decided on: Mar-28-1989

Reported in: AIR1990HP88

V.K. Mehrotra, Actg. C.J.1. When the case was taken up today, Shri Indar Singh, Advocate General, stated that by an order dated March 15, 1989, the Director, Panchayati Raj Department, has appointed the Sub Divisional Officer (Civil), Hamirpur, as enquiry officer. Also, that the enquiry officer is on leave till March 31, 1989. The order by which the petitioner was placed under suspension by the Deputy Commissioner, Hamirpur and enquiry directed into the allegations mentioned by him, is dated January 19, 1989. So far, admittedly, no progress has been made in the enquiry.2. The various irregularities alleged to have been found in the functioning of the petitioner as a Pradhan, were mentioned by the Deputy Commissioner in his office order dated September 16, 1988 (Annexure PA to the writ petition). The infirmities, mentioned in it, are 14 in number. A reply (Annexure PB) was given by the petitioner by way of explanation. The Deputy Commissioner then passed the impugned office order dated ...


Mar 23 1989

State of Himachal Pradesh Vs. Tej Ram

Court: Himachal Pradesh

Decided on: Mar-23-1989

Reported in: 1990CriLJ995

Bhawani Singh, J.1. This appeal has been preferred by the State of Himachal Pradesh against the order of acquittal passed by the learned Special Judge, Mandi Division, Mandi, in Corruption Case No. 1 of 1983, on September 25, 1984, acquitting the accused for offences under Section 16, I.P.C. read with Section 5(2), Prevention of Corruption Act.2. The case of the prosecution, in brief, is that Chint Ram, a resident of village Malthehar had applied for the grant of Nautor land in March, 1981. In accordance with the procedure and practice, the application went down to the accused who was the Patwari of Patwar Circle, Malthehar.It is further alleged that Shri Chint Ram gave Rs. 150/ - to the accused in order to get a favourable report under the impression that it was customary remuneration of the Patwari. Shri Chint Ram when failed to get a favourable report, contacted the accused again in 1982, the accused then demanded a sum of Rs. 100/- as a gratification. Shri Chint Ram had no money an...


Mar 21 1989

indru Vs. State of Himachal Pradesh

Court: Himachal Pradesh

Decided on: Mar-21-1989

Reported in: 1989CriLJ2238

V.P. Bhatnagar, J.1. This appeal is directed against the judgment dt. May 1, 1985 of the learned Sessions Judge, Solan and Sirmaur districts at Solan whereby he convicted accused Indru under Sections 366 and 376, IPC, and sentenced him to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 2,000/- and in default of payment of fine to undergo further imprisonment for a period of one year, under Section 376, I.P.C. The accused was further sentenced to undergo rigorous imprisonment for 2 years and to pay fine of Rs. 1,000/- under Section 366; I.P.C. In default of payment of fine of Rs. 1,000/-, it was further ordered that he would undergo imprisonment for 6 months.2. The victim of rape is Km. Mohini whose parents are PW 4 Dila Ram and PW 6 Kamla. It is not disputed that Mohini was about 6 years old on the day of occurrence viz., Sept. 24, 1984. Mohini, her parents, PW7 Purna Chand, PW 8 Balak Ram and the accused are all residents of village Barog.3. The prosecu...


Mar 10 1989

State of Himachal Pradesh Vs. Paras Ram

Court: Himachal Pradesh

Decided on: Mar-10-1989

Reported in: 1990CriLJ1358

Bhawani Singh, J.1. The State has, by this appeal, challenged the judgment of Judicial Magistrate, 1st Class (II), Shimla, whereby in case No. 109/2 of 1983 the accused has been acquitted.2. The prosecution case is that the police received a complaint on 4-6-1983 from the complainant Shri Sohan Lal alleging therein that the quarter in his occupation near Tashkent Hotel, Shimla, in the tenancy of his brothers, Shri Ram Krishan and Shri Som Nath, was illegally occupied by the accused after breaking open the lock. His brothers were out of India and so he was in occupation of the premises. He further states that he came to know of this incident on the basis of a telegram dated May 31, 1983 sent to him by Shri Shambhu Nath stating therein that Shri Paras Ram and Shri Budhi Ram had broken the lock of the premises, taken away the belongings and goods and put up their own lock. On reaching Shimla, these facts were found correct. As a result, a complaint Ex. P.W.1/A was filed and F.I.R. Ex. P.W...


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