Himachal Pradesh Court June 1994 Judgments
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Rajinder Zar Vs. Manjit Singh Dogra and ors.
Court: Himachal Pradesh
Decided on: Jun-30-1994
Reported in: AIR1995HP145
ORDERA.L. Vaidya, J. 1. The present petitioner, Shri Rajinder Zar, unsuccessfully contested the H. P. Legislative Assembly Election from 28-Nadaunta Constituency, which was held on 9th November, 1993 and the result was declared on 28th November, 1993. Respondent No. 1, Shri Manjit Singh Dogra, was the elected candidate, while, respondent No. 2, Shri Ram Rattan Sharma, was another defeated candidate. The said election has been challenged through the present election petition preferred under Section 81 of the Representation of the People Act, 1951 (hereinafter to be called as 'the Act') on various grounds. It has been prayed that the election of respondent No. 1 to the H. P. Assembly from 28-Nadaunta Constituency on account of corrupt practices by respondents Nos. I and 3 be set aside. It has also been prayed that the Court may order to re-count the total voles cast in the constituency arid to make such order as it may deem fit and proper in the circumstances of the case. The full partic...
State of H.P. Vs. Diwana and ors.
Court: Himachal Pradesh
Decided on: Jun-28-1994
Reported in: 1995CriLJ3002
Lokeshwar Singh Panta, J.1. This appeal is directed against the acquittal of accused Diwana (A-1), Suffal alias Subhash (A-2), Prithi (A-3), Adalti (A-4) and Sukhia (A-5), by the Session Judge Kangra Division at Dharamsala in Sessions Case No. 1 of 1985 dated 23rd May, 1985 for an offence punishable under section 302 read with section 34 and under Section 201 read with Section 34 of the Indian Penal code.2. Briefly stated, the prosecution case is as follows :-A-l is the father of A-2 and deceased Pratap Chand. The other co-accused are co-villagers of A- l. All the accused persons belong to village Sambra, Tehsil Bharmaur in District Chamba. The occurrence is alleged to have taken place a day prior to Sankrant of Kartik month i.e. on the night of October 16, 1984. Smt. Halya (PW- 1) wife of the deceased Pratap Chand was at her Parents house located in village Garola which is about 40 Kms. from village Sambra. The allegations of the prosecution are that A- l and A-2 had a quarrel with th...
State of Himachal Pradesh Vs. Madan Mohan
Court: Himachal Pradesh
Decided on: Jun-28-1994
Reported in: 1995CriLJ3845
Lokeshwar Singh Panta, J.1. Accused Madan Mohan was tried for an offence under Section 376 of the Indian Penal Code and having been convicted, was sentenced to undergo 3 years' rigorous imprisonment and to pay a fine of Rs. 3,000/- by Sessions Judge Kangra Division at Dharamshala on 29-9-1992. In default of payment of fine, the accused had been directed to undergo one year rigorous imprisonment. In case the fine is recovered from the accused, Rs. 2000/- is directed to be paid to the prosecutrix.2. The case of the prosecution briefly stated is as follows:--On September 28, 1991 at about 5 or 5.30 p.m. prosecutrix Kumari Nisha aged about 61/2 to 7 years had gone from her house for playing some game in the village. Her father Bishan Dass (PW-2) came to his house in the evening and inquired about the whereabouts of Kumari Nisha from his wife. The wife told him that the prosecutrix had gone for playing outside, when she did not return to her house a search was carried out to find out her wh...
Roshan Lal Kuthiala and anr. Vs. Raja Rana Yogendra Chandra and ors.
Court: Himachal Pradesh
Decided on: Jun-09-1994
Reported in: AIR1996HP14
A.L. Vaidya, J. 1. This appeal has been directed against the judgment and decree dated 24th August, 1977, passed by learned single Judge of this Court, whereby it was ordered that the plaintiff was entitled to recover, from defendants No. 1 to 7, the principal amount of Rs. 3,50,771.67 (Rupees three lacs fifty thousand seven hundred seventy one and paisa sixty seven) and interest up to the date of the suit amounting to Rs. 56,122/- (Rupees fifty six thousand one hundred twenty two) and subsequent interest at the rate of six per cent per annum from the date of the suit, till the date of realisation of the decretal amount. The plaintiff was also held to be entitled to costs of the suit from defendants No. 1 to 7.2. The case of Raja' Rana Yogendra Chandra of Jubbal, as pleaded, had been that his father, during his life time, and thereafter, he had money transactions with defendant No. 1-Firm M/s. Roshan Lal Kuthiala, mainly through Shri Roshan Lal Kuthiala acting on behalf of the firm. Ac...
Sikkim Ayurvedic (Pvt.) Ltd. Vs. Pyari Tamangni and ors.
Court: Himachal Pradesh
Decided on: Jun-07-1994
Reported in: (1996)IIILLJ844HP
ORDERS.N. Bhargava, C.J.1. This is a Writ Petition under Articles 226/227 of the Constitution of India. The petitioner is a Private Ltd. Company registered under No. SKM 5787 wherein, one Tirtha Tamang was employed as a cleaner. The said vehicle met with an accident on March 7, 1990 as a result of which Tirtha Tamang died. Respondent No. 1, being the widow of late Tirtha Tamang, filed a claim for compensation before the Commissioner for Workmen's Compensation and against the present petitioner and Respondent No. 2, the National Insurance Company Ltd., where the said vehicle was insured. Both the petitioner and Respondent No. 2 filed their replies and contested the petition. Learned Commissioner after hearing the parties passed an award on July 22, 1993 holding that the dependents of the deceased workmen are entitled to an amount of Rs. 35,581/- as compensation and directed the petitioner to deposit the said amount with the Commissioner and further held that the Insurance Company cannot...
State of H.P. Vs. Raghubir Singh
Court: Himachal Pradesh
Decided on: Jun-07-1994
Reported in: 1995CriLJ3007
Bhawani Singh, J.1. We proceed to decide both these appeals (Cr. Appeal No. 177/90 and Cr. Appeal No. 195/90) by a common judgment since they arise out of the same case. Criminal Appeal 177 of 1990 (State of Himachal Pradesh v. Raghubir Singh alias Raghubhushan) has been filed by the State for convicting the accused under Section 302 instead of 304-I of the Indian Penal Code, as done by the trial Court. Criminal Appeal 195 of 1990 (Raghubir Singh alias Raghubhushan v. State of H.P.) has been filed by the accused against the trial Court judgment dated 24th October, 1989 convicting him under Section 304-I of the Indian Penal Code sentencing him to rigorous imprisonment for six years and to pay fine of Rs. 4,000/- and in default of payment of fine, to suffer further imprisonment for one year. Fine, on realisation, has been directed to be paid to the family of the deceased. Facts of the case, now, be narrated briefly.2. Deceased Raghunath (hereafter 'the deceased') was a contractor. He was...
Subhash Chand Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Jun-07-1994
Reported in: 1995CriLJ3460
Lokeshwar Singh Panta, J.1. Subhash Chand, appellant was tried in the Court of Session Judge; Una District for offence under Section 302 read with Section 201 of the Indian Penal Code for causing the death of his wife Kamlesh Kumari on or about 15-9-1991 in village Charatgarh. The learned Sessions Judge convicted the appellant under Sections 302 and 201 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 5000/- and in default thereof to undergo rigorous imprisonment for a period of 6 months under Section 302, I.P.C. However, no sentence was imposed under Section 201 of the Indian Penal Code. Now the appellant has come up in appeal before this Court.2. We may briefly state the prosecution case. Kamlesh Kumari daughter of Jagir Singh (PW 12) was married to the appellant about 5 years prior to her death according to the Hindu rites. The appellant was working in Saudi Arabia. He used to visit his village after about 1 or 1/2 years span. He w...
State of H.P. Vs. Vinod Kumar
Court: Himachal Pradesh
Decided on: Jun-07-1994
Reported in: 1995CriLJ3134
Bhawani Singh, J.1. This appeal is directed against the acquittal of accused Vinod Kumar by Sessions Judge, Hamirpur in Sessions Case No. 8 of 1989, dated April 30, 1990 for offence under Section 302, Indian Penal Code. The facts of the case may now be recorded briefly.2. Vinod Kumar (hereafter 'the accused') and Ashok Kumar (hereafter 'the deceased) were friends. On February 16, 1989, the deceased visited the accused in his shop in village Khaterwar in the evening. Both of them took liquor and started gambling by playing cards till late night. After winning sufficient amount from the accused, the deceased wanted to go home. The accused insisted that the gambling should be continued or the deceased should return the amount back. When the deceased did not agree, the accused poured kerosene oil from the stove on the person of the deceased and set him on fire. The deceased received burn injuries on his face and chest. The accused put a gunny bag on the person of the deceased in order to e...
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