Himachal Pradesh Court July 1993 Judgments
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Bhag Singh Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Jul-30-1993
Reported in: 1994CriLJ1398
Bhawani Singh, J.1. Accused Bhag Singh has been found guilty by the trial court for an offence Under Section 302 of the IPC. registered vide First Information Report No. 82/91. He has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000/- and in default of payment of fine, to undergo further simple imprisonment for a period of three years. The facts of this case may now be stated thus.2. The accused was married to the deceased (30). They had two children out of this wedlock. According to the prosecution, the deceased had gone to meet her parents with the prior permission of the accused on 6-10-1991. She returned on 7-10-91 at about 4 p.m. She prepared food, fed her children and went to sleep at about 9 p.m. The accused came at about 11 p.m. He was in a state of intoxication. He asked the deceased as to why she came late and did not prepare vegetable for him since she should have known that he felt hungry after consuming liquor. The deceased took her ch...
Oriental Insurance Co. Ltd. Vs. Milkhi Ram and ors., Etc.
Court: Himachal Pradesh
Decided on: Jul-27-1993
Reported in: 1994ACJ380
Devinder Gupta, J. 1. The four appeals arise out of judgment of learned single Judge of this Court, dismissing the appeals of the Insurance Company against the common award made on 8th November, 1985, by Motor Accident Claims Tribunal (I), Mandi, Kullu and Lauhal Spiti districts at Mandi. 2. On 8th December, 1983, at about 5.45 p.m. truck bearing registration number HPM 1353, owned by respondent Bharat Construction Company and driven by driver Hardev Singh, while carrying some of the employees of the company from Seuali Khud, the place of the work of the company to Lunapani, its sub-station, met with an accident. Some of the employees being carried in the vehicle died on the spot, as a result of the inuries received by them and some of them received injuries. The legal representatives of four of such employees, who died as a result of the accident filed four separate claim petitions, claiming compensation under Section 110-A of the Motor Vehicles Act, 1939 (Act No. 4 of 1939) (hereinaf...
State of H.P. Vs. Raj Kumar and anr.
Court: Himachal Pradesh
Decided on: Jul-16-1993
Reported in: 1994CriLJ894
D.P. Sood, J.1. Sometimes selfishness and greed override the religious faith and spiritual morale of a human being. Even greed has not spared the Almighty 'Lord Vishnoo', who is the Creator of the Universe.2. Chamba is situated by the side of Ravi river amidst the sub-mountainous region of Himalayas. There is a 'chaugan' in Chamba town. On one corner of 'chaugan', there is a temple known as 'Hari Rai temple' where an idol of 'Lord Vishnoo' of immense value is installed. Hindus residing in this town offer puja and worship 'Lord Vishnoo'. This idol made of bronze was 4-5 feet in height and 1 1/2 feet in width having four hands. A brass plate indicating the identity of the idol was also affixed thereupon.3. In between the intervening night of 6th and 7th of May, 1971, this idol was found stolen and ultimately it was recovered from a godown of a Clearing Agent at Bombay on June 23, 1971 by the police of Chamba in collaboration with the local police of Metropolitan City of Bombay. The said ...
State of Himachal Pradesh and Etc. Vs. Satwant Singh Kochhar and Etc.
Court: Himachal Pradesh
Decided on: Jul-15-1993
Reported in: AIR1994HP71
ORDERDevinder Gupta, J. 1. The three revision petitions, though arising out of separate orders passed by appellate authority(I), Shimla and also arising out of separate eviction proceedings can conveniently be disposed of by a common order, since questions of law and fact arising are almost same and similar.2. Civil Revision 65 of 1992. This civil revision has arisen out of eviction petition preferred by late Darshan Singh Kochhar, who is now represented by his son Satwant Singh Kochhar, in which eviction of the Girls Industrial Training School, located in a part of the Willow Bank building. The Mall, Shimla was sought. The ground for eviction as made out in the petition was that the entire building has become very old. It has outlived its utility and life. The premises in question as well as the other portion of the building Willow Bank in occupation of the other tenants are required bona fide by the landlord for the purpose of building or re-building, which building and re-building c...
Amro Devi Vs. Ajay Kumar Sood
Court: Himachal Pradesh
Decided on: Jul-07-1993
Reported in: AIR1994HP81
ORDERKamlesh Sharma, J.1. Petitioner Amro Devi is the tenant of Houses Nos. 297 and 624 situated in the building known as 'Khushi Lal Building', Cantonment Road, Kotwali Bazar, Dharamshala (hereinafter called the premises in dispute) owned by respondent-landlord Ajay Kumar Sood. Against her an eviction order was passed by the Rent Controller, Kangra at Dharamshala vide its judgment dated 30th March, 1990 on the ground that the premises in dispute are bona fide required by Ajay Kumar Sood 'for re-building/ re-construction in view of the notices of the Municipal Committee under Sections 110 and 111 of the H.P. Municipal Act, which are Exts. PB and PC'. The judgment of the Rent Controller was affirmed by the Additional District Judge (1) (Appellate Authority (2) under the Himachal Pradesh Urban Rent Control Act), Kangra at Dharamshala vide his judgment dated 13th September, 1991 in an appeal filed by Amro Devi. Hence, she has filed the present revision petition.2. The grounds on which the...
Kanahya Lal Alias Ghurka Ram Vs. Union of India (Uoi) and anr.
Court: Himachal Pradesh
Decided on: Jul-06-1993
Reported in: AIR1994HP84
Devinder Gupta, J. 1. The short point involved in the writ petition is as to from which date, the petitioner ought to have been allowed the pension under the Freedom Fighters Pension Scheme, 1972, which was re-named as Swatantra Sainik Samman Pension Scheme, 1980. The undisputed facts are that the petitioner took part in the freedom struggle of the country from 1946 till the merger of Bilaspur in the Indian Union in the year 1948. It is; also not disputed that no application was made by the petitioner for grant of pension before 1972 Scheme was liberalised and re-named as Swatantra Sainik Samman Pension Scheme, 1980, which become effective from 1st August, 1980. The application for grant of pension by the petitioner was submitted on 30th July, 1981 claiming that he had been interned by the verbal orders issued by the Ruler of Bilaspur and was subjected to such internment for a period of more than six months.2. The petitioner's request did not find favour with respondent No. 1 despite n...
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