Himachal Pradesh Court October 1994 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Shri Molak Ram Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Oct-18-1994
Reported in: 1996CriLJ1198
ORDERD.P. Sood, J.1. By this application under Section 438 of the Code of Criminal Procedure, the applicant seeks his release on bail for the commission of the offences under Section 302/34, I.P.C. pursuant to FIR No. 319 of 1994 dated 21-9-1994.2. Shortly stated, the facts and circumstances emerging from the police record are that there existed a dispute regarding a piece of land (Ghasni) in between the complainant party on one side and the accused party on the other. Shri Raghubir Singh is the senior member of the complainant party, whereas Shri Molak Ram is that of accused party. Both claimed ownership to the land. The complainant party's claim was based on the basis of land obtained in exchange in the year 1978, whereas accused party claimed to be in settled possession thereof since the time of his father. On 21-9-1994 at about 10.30 A.M., the accused party along with Shri Lahor Singh and Kartar Chand came to the house of complainant, Ranghubir Singh. It appears that the accused pa...
New India Assurance Co. Ltd. Vs. Pushpa Sharma and ors.
Court: Himachal Pradesh
Decided on: Oct-07-1994
Reported in: 1995ACJ639
Gulab C. Gupta, C.J.1. This Letters Patent Appeal purports to be under Clause 10 of the Letters Patent and is directed against the order dated 10.5.1985, passed by P.O. Desai, C.J., the then Chief Justice of this Court, in F.A.O. No. 206 of 1984, directing the appellant to deposit the decretal amount in the Registry, as a condition of stay/ execution of the decree with a further direction that failure to deposit the amount, within a period of four weeks, as aforesaid, would result in automatic vacation of the stay order. The appeal aforesaid was directed against the award dated 30.7.1984, passed by the Motor Accidents Claims Tribunal, Solan, directing the appellant to pay to respondents-claimants an amount of Rs. 1,83,000/- together with interest at the rate of 10 per cent per annum and costs. It appears that the appellant sought a stay of the execution of the said award and hence the aforesaid stay order was passed by this Court. The appellant felt aggrieved by the aforesaid stay orde...
State of Himachal Pradesh Vs. Inder Jeet and ors.
Court: Himachal Pradesh
Decided on: Oct-06-1994
Reported in: 1996CriLJ1163
S.N. Phukan, J.1. This appeal by the State is directed against the order of acquittal passed by the Sub-Divisional Judicial Magistrate, Sundernagar, District Mandi dated 14-3-1989 in Police Challan case No. 280-I/87.2. Briefly stated, the facts are as follows. Five accused persons, namely, Inderjeet, Mini Lal, Shoan Lal, Des Raj and another Des Raj on 15-3-1987 at about 1.30 PM in furtherance of their common intention formed an unlawful assembly and voluntarily caused hurt to the complainant Rakesh Kumar, who was an agent of liquor vendor at Dehar. They committed house trespess and mischief by breaking bottles of Indian made foreign liquor and also given threats to Rakesh Kumar. The police, after investigation, submitted the charge sheet under Sections 147/323/451/427/506 of the Indian Penal Code and accordingly the learned trial Court also framed the charge. The prosecution examined six witnesses. All the accused persons pleaded not guilty. Their statements under Section 313 Cr.P.C. w...
Prem Dass and anr. Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Oct-03-1994
Reported in: 1996CriLJ951
A.L. Vaidya, J.1. The present appellants, Prem Dass and Smt. Asha Rani, have been convicted under Sections 306/498-A IPC vide judgment dated 18th January, 1989, passed by Sessions Judge, Hamirpur, and as a consequence thereof Prem Dass appellant has been sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/- under Section 306 IPC. In default of payment of fine he has been sentenced to a further imprisonment of three months. He has also been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 300/- under Section 498-A IPC and in default of payment of fine he was ordered to undergo further imprisonment for one month. In so tar as Smt. Asha Rani, the other appellant, was concerned, she was given the benefit of probation under Section 4 of the Probation of Offenders Act and instead of being sentenced at once to any punishment, she was directed to be released on her entering into a personal bond in the sum of Rs. 2000/- with one ...
Gaberiel India Limited Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Oct-03-1994
Reported in: (1995)IILLJ975HP
Gulab C. Gupta, C.J. 1. There was an industrial dispute between the petitioners and respondent No. 3 regarding slow down and lockout which has been referred for adjudication to the Labour Court, Shimla by order dated February 15, 1991 (Annexure P-4) passed by the respondent No. 1. Thereafter, proceedings before the respondent-Labour Court started. Issues based on the pleadings were framed and reference fixed for evidence of parties. On March 7, 1992, one Vinod Malhotra was to be examined as a witness in the case when the petitioners filed an application requesting that the issues be re-framed and issue No. 4 be decided as a preliminary issue. The respondent-Labour Court handed over copy of the said application to the respondent No. 3 for filing reply by the next date. The Labour Court did not examine Shri Malhotra on that date and fixed the case for April 4, 1992. Order passed in this behalf is Annexure P-9. It is at this stage that the petitioners rushed to this Court by filing the pr...
State of Himachal Pradesh Vs. Shiv Nath
Court: Himachal Pradesh
Decided on: Oct-03-1994
Reported in: 1995CriLJ3472
S.N. Phukan, J.1. This is an appeal by the State against the judgment of the learned Sub-Divisional Judicial Magistrate, Rohru, District Shimla dated 13-10-1986 in case No. 167/3 of 1984. By the impugned judgment, the learned trial Court found the accused Shiv Nath not guilty under Section 33 of the Indian Forest Act, 1927 and acquitted him.2. Briefly stated, the facts are as follows. On 26-4-1983, it was alleged that the accused illegally felled a tree of Kail of Class II-B from U.F-Laka without permission of the Forest Department causing a total loss of Rs. 2077.32 paise to the Forest Department. The Forest Guard Shri Maldar Singh had seized one Geli of 22 feet on the spot. According to the prosecution, the accused made an extra-judicial confession before the above Forest Guard in the presence of witness Mangat Ram and Deputy Ranger Shri Bhau Ram.3. The accused pleaded not guilty and his statement under Section 251 of the Code of Criminal Procedure was duly recorded.4. Heard Mr. R. M...
- ‹ Prev
- Next ›