Himachal Pradesh Court April 1994 Judgments
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State of H.P. Vs. Shri Des Raj
Court: Himachal Pradesh
Decided on: Apr-29-1994
Reported in: 1995CriLJ2764
D.P. Sood, J.1. The State of Himachal Pradesh has assailed the judgment dated 26-11-1986 passed by the learned Chief Judicial Magistrate, Mandi in Criminal case No. 307-1/85, whereby the trial court recorded the impugned order of acquittal in favour of the respondent. 2. Shortly stated, facts of the case are that on 18- 6-1985, the Junior Engineer/in charge of National Highway No.21, Pandoh Section, Chandigarh- Manali road noticed unauthorised construction alleged to have been raised by the accused and asked him to stop it, but of no avail. This fact was brought to the notice of the Assistant Engineer, Shri K.K.Malhotra, who too directed the accused to refrain himself from raising the construction, but the directions so issued were not obeyed. The above stated facts led to the collection of material by way of revenue papers and Tatima etc. and ultimately filing of the instant complaint under Section 12 of the Himachal Pradesh Roadside Land Control Act,1968 (shortly referred to as the '...
Bhagat Ram and ors. Vs. Kanta Devi and anr.
Court: Himachal Pradesh
Decided on: Apr-28-1994
Reported in: 1995CriLJ1404
ORDERBhawani Singh, J.1. This petition is directed against the order of Sessions Judge, Shimla, dated 24th August, 1993 whereby the order of Sub-Divisional Magistrate (Rural), Shimla, in proceedings under Sections 107/150 of the Code of Criminal Procedure has been set aside and a direction has been issued for continuing the same afresh. The matter rises in the circumstances being set out briefly hereafter.2. The security proceedings were started on 15-7-1991 at the instance of the first respondent. Notices to the petitioners were issued for 29-7-1991 under Section 111 of the Code of Criminal Procedure. They appeared before the Court on this date, though they filed their reply on 20-8-1991. The proceedings were adjourned to 9-9-1991 for the evidence of the first respondent. On this date, the witnesses were not present and adjournment was sought for and was granted. On 23-9-1991, the Presiding Officer could not deal with the matter being busy in law and order duty and the case was adjour...
State of H.P. Vs. Man Singh
Court: Himachal Pradesh
Decided on: Apr-26-1994
Reported in: 1995CriLJ299
D.P. Sood, J.1. In this appeal against acquittal, the State of Himachal Pradesh, has as-sailed the judgment dated July 30, 1986, passed by the learned Sub Divisional Judicial Magistrate, Arki, District Solan, for the commission of offence under Sections 279/337/338 IPC, in Criminal Case No. 45/2 of 1984.2. As per the prosecution case, the incident occurred on November 22,1984, at about 2 P.M. at a place forming the portion of bus stand, Bhrarighat. Accused Man Singh was driving bus bearing Registration No. HPU-1208 and he was proceeding from Shimla towards Bilaspur side. Bhrarighat is located in between. The prosecution case is that S/Sh. Navjot Kalra, PW-1 and Pawan Kumar, PW-13 were passengers of another Himachal Raod Transport Corporation bus, which also had stopped at Bhrarighat on its way from Shimla to Bilaspur. Both PWs 1 and 13 were standing by the side of a danga (retaining wall) of the shops belonging to Bishan Dass (PW-10) and Parkash Chand (PW-7) as shown in site plan Ex. P...
Punjab National Bank Vs. Surinder Singh Mandyal and ors.
Court: Himachal Pradesh
Decided on: Apr-25-1994
Reported in: AIR1996HP1
Devinder Gupta, J. 1. The plaintiff-bank has claimed a decree for Rs. 2,34,722.05 against defendants Nos. 1 and 2 as principal debtors and defendants Nos. 3 and 4 as guarantors.2. It is alleged that the plaintiff through its Branch at Kotwali Bazar, Dharamshala, at the behest of defendants Nos. 1 and 2 agreed to make available to them a term loan of Rs. 1,96,000/- for purchase of a Tata 1985 Model Chassis and for fabrication of bus body thereupon, which was to be plied by them. This financial assistance by way of transport loan was agreed to be made available with condition of repayment of the amount of loan with interest at 2.5% above the Reserve Bank of India rate of interest with minimum of 12.5% per annum with quarterly rests, payable in 42 regular monthly instalments and ondefendants Nos. 1 and 2 furnishing adequate security for repayment of the amount of loan. Defendants Nos. I and 2 accepted the conditions and provided defendants Nos. 3 and 4 as guarantors. Defendant No. 2 also ...
Smt. Punni Vs. Sumer Chand and ors.
Court: Himachal Pradesh
Decided on: Apr-23-1994
Reported in: AIR1995HP74
Devinder Gupta, J. 1. Defendant's appeal was admitted on the following two questions of law:'1. Whether will dated 8/6/1983 is executed in accordance with Section 63 of the Indian Succession Act?2. Whether the interpretations and inferences drawn from the statements Exhibit D.B., statement of PW 1 Sh. Hans Raj and other evidence on record by the District Judge are correct for holding that will dated 8/6/1983 is a valid will whereas the will dated 19-6-1983 is shrouded in suspicious circumstances?'2. The suit of the plaintiffs-respondents for grant of a decree for declaration as regards their title to part of the estate of one Saudagar, on the basis of Will Ex. PB dated 8th June, 1983 was dismissed upholding the legality and validity of another Will Ex. DA bequeathing the entire property by deceased Saudagar in favour of his daughter Punni, defendant-appellant. The lower appellate Court allowed the plaintiffs' appeal through the impugned judgment and decree dated 27th May, 1989 upholdin...
Parkash Chand Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Apr-23-1994
Reported in: 1995CriLJ158
Bhawani Singh, J. 1. Through this appeal, the accused has challenged the judgment of Sessions Judge, Shimla, dated May 23, 1992 convicting him for an offennce under Section 376, of the Indian Penal Code and sentencing him to rigorous imprisonment for seven years and to pay fine of Rs. 5,000/- and in default of payment of fine, to unndergo further rigorous imprisonment for one-and-a-half year. Fine, on recovery, has been ordered to be paid to the prosecutrix.2. Briefly stated, the prosecution case is that on April 5, 1990 at about 9 or 10 a. m. the prosecutrix was alone in the house and was cleaning utensils in the Verandah. The accused appeared and asked her to allow him to have sexual intercourse with her and offered Rs. 20/-. The prosecutrix declined the same whereupon the accused caught her by the arms, took her inside the room forcibly. For the purpose of committing the rape, the accused removed his 'Pent'. Then, he removed the 'Salvar' of the prosecutrix by breaking the string the...
Avtar Singh BhasIn Vs. Hari Pal Singh and ors.
Court: Himachal Pradesh
Decided on: Apr-21-1994
Reported in: 1995CriLJ1151
ORDERLokeshwar Singh Panta, J. 1. By this petition under Section 482 of the Criminal P.C. 1973, Shri Avtar Singh Bhasin petitioner has assailed the order of the Judicial Magistrate 1st Class (I), Shimla dt. 12-4-1989 passed in case No. 38/2 of 1986, whereby the application moved by the State under Section 311 of the Code of Criminal P.C. for summoning some witnesses was rejected.2. The facts briefly stated are that the petitioner had made a report to the police on the basis of which First Information Report Ex. PW7/A was registered. The allegations of the prosecution are that property known as 'Garden House Jakhu' at Shimla was under the exclusive possession of Sardar Bal want Singh father of the petitioner and respondent No. 1. During his life-time Sardar Balwant Singh leased out the property in favour of the wife of the petitioner who is stated to be in employment at Delhi. The petitioner had taken two rooms alongwith kitchen, bath room and store for his own residential purpose. The ...
Jagat Bahadur Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Apr-12-1994
Reported in: 1994CriLJ3396
Bhawani Singh, J.1. This appeal from jail by the accused is directed against the judgment of Additional Sessions Judge, Kullu in Session Trial No. 20 of 1992 dated 21-8-1993 registered by the Police through First Information Report 165/92 dated 22-5-1992 for offences under Sections 376/302 of the Indian Penal Code. Two accused namely Jagat Bahadur (present appellant) and Lekh Raj alias Raju were tried for these offences. However, Lekh Raj alias Raju has been acquitted for lack of evidence against him. So far as the present appellant (hereafter the accused) is concerned, he has been convicted for both these offences and sentenced to rigorous imprisonment for life and to pay a fine of Rs. 5,000/-, in default of payment of the fine to undergo simple imprisonment for a period of 3 years for offence under Section 302, I.P.C. and for 7 years rigorous imprisonment and a fine of Rs. 1,000/-, in default of payment of fine to undergo further simple imprisonment for 2 years for offence . under Se...
United India Insurance Co. Ltd. Vs. Smt. Bimla and ors.
Court: Himachal Pradesh
Decided on: Apr-11-1994
Reported in: 1994ACJ878,AIR1995HP1
Bhawani Singh, Actg. C.J. 1. This appeal is directed against the award of Motor Accident Claims Tribunal (II), Kangra in M.A.C.T. Case No. 1 of 1982, dated December 28, 1984.2. The claimants moved a petition under Section 110 of the Motor Vehicles Act for the grant of compensation for the death of Karam Chand, being father, mother, sister and brothers of the deceased. Compensation to the extent of Rs. 75,000/ - has been claimed by them. The facts of the case may, briefly, be summarised here-now.3. Deceased Karam Chand was engaged as a labourer for loading states in Truck No. HPK 5894 in the evening of June 12, 1982 in Slate Godown, Yol. After loading the truck, the deceased and other labourers boarded it. After covering a distance of half furlong, the truck rolled down towards one side of the road through a steep gradient. The allegation is that the accident was on account of the rash and negligent driving by its driver Parveen Kumar. The deceased was crushed under the weight of the st...
Swarna Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Apr-11-1994
Reported in: 1994CriLJ3656
Lokeshwar Singh Panta, J.1. This appeal from jail is directed against the judgment and order dated 19-9-1992 passed by the learned Sessions Judge, Chamba, exercising the powers of Additional Sessions Judge, Una, in Sessions Case No. 1/92/91, whereby the accused was convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and to pay a fine of Rs. 5000/-. In default of payment of fine, the accused has to suffer imprisonment for a period of six months.2. The facts of the case, briefly stated are as under:-Laxmi Devi eunuch was living at Gagret, and Hans Raj had taken one room on rent from her and was living there along with his family members. Laxmi Devi got a paralytic attack six months prior to the occurrence and she was looked after by the family members of Hans Raj and other tenants and neighbours vipan Kumar son of Hans Raj used to sleep in the room of Laxmi Devi to extend help to her to go to toilet etc. Swarna accused had come to Gagret on 12-8-19...
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