Himachal Pradesh Court July 1994 Judgments
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The H.P. Fruit Growers Co-op. Mark. Processing Society Ltd. Vs. the Hi ...
Court: Himachal Pradesh
Decided on: Jul-26-1994
Reported in: AIR1996HP94
ORDERD.P. Sood, J.1. Plaintiff is a society registered under the H.P. Co-operative Societies Act 1968, which carries on its business. Defendant is also a corporate body, the prime object of which is to provide facilities of residential and commercial facilities to the general public. Pursuant to the visit of the Chief Minister of the State the defendants initially agreed to allot plot No. 7 in Sector 2 In the Industrial Estate located at Parwanoo, measuring 17, 376 square metres @ Rs. 20/- per square metres valuing Rs. 3,47,520/-, though later on finding the actual measuring to be 16., 135,6 square metres, its price was reduced to Rs. 3,22,713/- instead of the original price. The plot was allotted and possession thereof was handed over on 1-12-1976. 10% of the permium out of the total price of the aforesaid plot was paid on 30-11-1976 before the delivery of its possession on the following date.Remaining balance premium was agreed to be repaid in 15 instalments along with the interest c...
Land Acquisition Collector Vs. Sukhdev Singh
Court: Himachal Pradesh
Decided on: Jul-26-1994
Reported in: AIR1995HP150
1. These appeals are being disposed of by a single judgment as these arise out of a common award dated 19-1-1985 passed by District Judge, Solan and Sirmaur Districts Camp at Solan involving common question of law and fact. Out of these twelve appeals, eleven appeals have been preferred by State (RFAs Nos. 112, 110, 111, 113, 114, 115, 116, 117, 118, 124 and 125 of 1985) seeking reduction in the compensation awarded to claimants and one counter appeal (RFA No. 108 of 1985) and cross-objections (CO. 74/87 in RFA 110/85, C.O. 75/85 in RFA 111/85, C.O. 77/87 in RFA 113/85, C.O. 81/87 in RFA 117/85, C.O. 82/87 in RFA 118/85 and C.O. 80/87 in RFA 12485) by the claimants for enhancement of compensation awarded to them.2. By his common award under appeals, the District Judge had decided eleven reference petitions in respect of acquisition of land for the public purpose of construction of Barog By-pass road by consolidating them with Reference Petition No. 11-S/4 of 1984 (Smt. Phulma widow of ...
State of Himachal Pradesh and anr. Vs. Surinder Singh Sibia and anr.
Court: Himachal Pradesh
Decided on: Jul-26-1994
Reported in: AIR1995HP172
1. The question, Whether in view of Sub-rule (3) of Order 41, Rule 1 of the Code of Civil Procedure, this appeal can be entertained and heard on admission for a final disposal,, when the appellants have not deposited the amount due under the award, has arisen for consideration. To resolve certain disputes that had arisen between the appellants and second respondent on the one hand, and the first respondent, on the other with regard to payment of rate/compensation for occupation of a house, requisitioned under the H.P. Requisitioning and Acquisition of Immovable Property Act, 1972, an arbitrator was appointed and he submitted an award dated 28-12-1993, under which the appellants, along with the second respondent, were found liable to pay certain sums to the first respondent in this appeal. The appellants have preferred this appeal against the award, so passed, under Section 13 of the H.P. Requisition cf Immovable Property Act, 1987, and they have not, admittedly, deposited the amount fo...
H.R.T.C. Staff Union Vs. H.R.T.C. and anr.
Court: Himachal Pradesh
Decided on: Jul-26-1994
Reported in: (1995)IILLJ1001HP
V. Ratnam, C.J.1. The petitioner in this writ petition is an operational staff Union (drivers and conductors) of Himachal Road Transport Corporation, the first respondent herein. In order to bring about uniformity in and secure payment of correct over time allowance(s), after calculating duty hours, the first respondent herein, issued three communications dated January 8, 1993, March 5, 1993 and May 7, 1993, referred to as Annexures PA, PB and PC to the writ petition. In and by these communications, the first respondent had purported to set out the basis upon which the duty hours should be calculated and over-time allowance paid. The main grievance of the petitioner is that the first respondent, though a creation under the Road Transport Act, 1950 (hereinafter referred to as the Act), and an autonomous body, neither controlled nor owned by the State Government, has not implemented the several provisions of the Motor Transport Workers Act, 1961. Referring to the several provisions of th...
Prem Kumar Vs. Nehar Singh and anr.
Court: Himachal Pradesh
Decided on: Jul-26-1994
Reported in: 1995CriLJ2517
D.P. Sood, J.1. By this petition under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India, the petitioner seeks to invoke the inherent jurisdiction of this Court to quash criminal proceedings pending in the Court of Sub-Divisional Judicial Magistrate, Rohru in case No. 32/2 of the 1989 titled Shri Nehar Singh v. Shri Jehar Singh. 2. The petitioner is a journalist. Earlier he remained posted as Resident Editor of Indi an Express, Chandigarh. A news-item was published in the Indian Express, Chandigarh Edition, on December 17,1988. The petitioner submits that the news-item was sent by the Shimla Correspondence of the newspaper, Shri N. D. Sharma, and related to a letter written by one Shri Jehar Singh to the Chief Minister and the Prime Minister, copy whereof was shown by Shri Vijay Mankotia, a member of the Himachal Pradesh Legislative Assembly. This news pertained to the illicit felling of trees. His case is that the newsitem was published i...
Kuldip Kumar and anr. Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Jul-25-1994
Reported in: 1995CriLJ2458
Bhawani Singh, Actg. C.J.1. These appeals (Criminal Appeal No. 238 of 1992, Kuldip Kumar and Anr. v. State of Himachal Pradesh) are directed against the judgment of Sessions Judge in S. Tr. No. 54U/7 of 1992/89, dated October 19,1992 whereby accused Kuldip Kumar has been convicted for offence under Sections 32/307/324 of the Indian Penal Code read with Section 27 of the Indian Arms Act, 1959 and accused Kamal Dev for offence under Section 324 of the Indian Penal Code. Accused Prithi Chand died during the trial of the case. Accused Kuldip Kumar has sentenced to imprisonment for life and to pay compensation of Rs. 4,000/- to Smt. Nirmala, mother of deceased Ajay Sharma, for offence under Section 302, Indian Penal Code; rigorous imprisonment for five years and to pay compensation of Rs. 4,000/- payable to Smt. Nirmala, wife of deceased Sat Pal, for offence under Section 307, Indian Penal Code; rigorous imprisonment for one year and to pay compensation of Rs. 2,000/-payable to Smt. Nirmala...
State of H.P. Vs. Parma Nand
Court: Himachal Pradesh
Decided on: Jul-25-1994
Reported in: 1995CriLJ3786
Bhawani Singh, Actg. C.J.1. Accused Uggar Singh and Parma Nand were tried for offence under Sections 342/376 of the Indian Penal Code before the trial Court. By decision of February 28, 1987, they were acquitted. This judgment has been assailed by the State through this appeal. It survives only against accused Parma Nand since the other accused (Uggar Singh) has died. The facts of the case may now be stated briefly.2. One Jalmu Ram, Peon in the office of Executive Engineer, Electricity Board, Kumar House, Shimla, assured the prosecutrix and her father that he would secure the post of a Peon to the prosecutrix by talking to the Executive Engineer. Accordingly, on March 16, 1986, the prosecutrix came to Shimla with Amar Singh (god-brother) and met Jalmu Ram in the office of Executive Engineer where she was told that the Executive Engineer was not in the office and the matter would be discussed with him the next morning. For the night she was taken by him alongwith Amar Singh to a residen...
Shri Vinod Lal Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Jul-08-1994
Reported in: 1995CriLJ2603
ORDERD.P. Sood, J.1. All these four Criminal Revision Petitions arise out of the same First Information Report No. 17 of 1990 registered at Police Station, Anti-Corruption Zone, Shimla. As such I proceed to decide them by a common order.2. The crucial point involved for determination in these revision petitions is:'Whether cognizance of the offence under Section 13 of the Prevention of Corruption Act, 1988(New) corresponding to Section 5(2) of the Prevention of Corruption Act, 1947, could be taken by Special Judge, Shimla when sanction in relation to the prosecution of the petitioner had been refused by the competent authority?'3. As a corollary thereto another important question for the consideration of this Court arises in case Special Judge, Shimla is held to be empowered to take cognizance of the offence without sanction of the competent authority, could such a Court take cognizance of the offences committed by a public servant under Penal Code during the discharge of his official ...
Ajay Kumar Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Jul-07-1994
Reported in: 1995CriLJ3431
D.P. Sood, J.1. Shri Ajay Kumar (along with Shri Rajesh Kumar, a co-accused, who has been acquitted), was tried, convicted and punished to seven years rigorous imprisonment and to pay a fine of Rs. 15,0007- (Rupees Fifteen Thousands) for the commission of the offence under Section 376 of the IPC. In default of payment of fine, he has also been directed to suffer rigorous imprisonment for three years. In case of recovery of fine, the same has been ordered to be paid to the prosecutrix as compensation vide impugned judgment passed by the learned Sessions Judge, Shimla on 23-3-1994 in Sessions Trial No. 17-S/7 of 1993/89.2. The prosecution story as unfolded by the prosecutrixa may now be stated broadly. PW-6, Kanya Kumari, aged 15 years hails from village Todsa located at a distance of 16 Kms. from Police Station, Rohru. On 7-8-1989 at 8-00 a.m. she boarded a bus for Rohru and reached there at 9-00 a.m. in order to purchase household articles i.e. 'Gur' and oil. After having kept the Cann...
Tawarsu Alias Kancho Baba Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Jul-05-1994
Reported in: 1996CriLJ1543
Bhawani Singh, J.1. Accused Tawarsu alias Kancho Baba has challenged the judgment of Additional Sessions Judge, Kullu, in Sessions trial No. 8 of 1993, dated 22-7-1993, convicting him under Section 20 of the Narcotic Drugs and Psychotropic Susbtances Act, 1985 (hereinafter referred to as 'the Act') and sentencing him to undergo rigorous imprisonment for 10 years and to pay a fine of rupees one lakh. In default of payment of fine, the accused has been ordered to undergo further simple imprisonment for a period of 3 years. The prosecution case, briefly, is as under:2. On 10-12-1992 at about 4.30 p.m., Inspector Saju Ram Rana (P. W. 6) of Police Station, Manali, was on routine patrol duty at Manalsu bridge, Manali, along with S. I. Prem Singh and Constables Shashi Kapoor and Mast Ram (P. W. 3). Secret information that the accsued was busy in making the rolls of charas in his Khokha and could be caught redhanded was received. This information was sent through Constable Mast Ram (P. W. 3) t...
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