Himachal Pradesh Court September 1994 Judgments
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Shiv Ram Alias Shivu Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Sep-29-1994
Reported in: 1995CriLJ4054
Bhawani Singh, J.1. Both these appeals are proposed to be decided together since they arise out of the same judgment of the Additional Sessions judge, Kullu, in Sessions Trial No. 11 of 1993 dated 30-12-1993. The accused were tried for offences under Sections 363, 366, 376 read with Section 34 of the Indian Penal Code for committing rape on Kumari Veena (8).2. The prosecution case is that Smt. Dolma (PW 2) is the widow of Shri Bhagat Ram, She was maintaining the children by working as a labourer and was residing at Budha Camp near Toll-tax barrier, Manali. Her Children are two sons, Jiwan Lal (P.W. 8) and Ramesh (P.W. 4), and two minor daughters, including the prosecutrix Veena. On 3-11-1992, Jiwan Lal was out of station. According to Smt. Dolma (P.W. 2), the prosecutrix was sleeping after taking her meals at about 8.45 p.m. When she wanted to come out of her house for urination, two persons came inside and asked her to agree for sexual intercourse. When she declined, she was bolted in...
Kehar Singh Vs. Satish Kumar and anr.
Court: Himachal Pradesh
Decided on: Sep-26-1994
Reported in: 1995CriLJ4209
D.P. Sood, J.1. The father of the victim girl has invoked the jurisdiction of this court under S. 439(2), Cr. P. C. for cancelling the bail of respondent No. 1 (Satish Kumar) against whom the allegation is that he kidnapped the minor girl namely, Kumari Nisha Devi and committed rape on her. The petitioner lodged F. I. R. No. 104 of 1994 dated 16-7-1994 at 6.30 p.m. at Police Station, Nalagarh under Sections 363/366/377, I. P. C. The police recovered the girl from the house of one Smt. Neelam Kaur at Jallandhar (Punjab) and thereafter recorded her statement. She is alleged to have been raped by respondent No. 1 whereupon the police got her medically examined in civil hospital at Nalagarh. The medical expert seized and scaled her salwar and underwear which were allegedly worn by her at the time of sex indulgence. He also found the hymen to have been ruptured. Apart from the seizure of blood stained multi-coloured pad cotton cloth with ful smell, the doctor did not find any external injur...
Karam Dass and ors. Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Sep-26-1994
Reported in: 1995CriLJ2995
ORDERD.P. Sood, J.1. 92 persons belonging to Rajput community hailing from the village of the complainant have moved this application under Section 439 read with Section 482 Cr. P. C. for their release on bail pursuant to registration of a criminal case vide FIR No. 61 of 1994 for the commission of an offence under Section 3(i), (iii), (iv) and (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 436,462,506 and 147 IPC.2. The complainant as also the petitioners hail from village Terala Hati Buchehr, Tehsil Nirmand, District Kullu, H. P. The dispute as it emerges from the contents of the complaint filed by Sohan Lapertains to two communities in between them interse. Complainant belongs to Harijan party whereas the petitioners hail from Rajput community. Case of the prosecution is that persons belonging to nonscheduled castes have been committing atrocities on the scheduled castes from the very beginning. The complainant party belonging to S...
Sumitra and Etc. Vs. Sewak Ram and anr.
Court: Himachal Pradesh
Decided on: Sep-23-1994
Reported in: 1995CriLJ3141
ORDERD.P. Sood, J.1. These two revision petitions arise out of the common order dated 3-12-1993 passed by the learned Sessions Judge, Shimla directing the discharge of the respondent Sewak Ram in Criminal Case No. 49-S/ 7 of 1993 under Section 306, I.P.C. The State of Himachal Pradesh, as also Smt. Sumitra Devi the mother of the deceased have assailed the aforesaid order and prayed for its reversion through the instant proceedings.2. Shortly stated the facts are as under:-Seema since deceased was married to Ram Swarup more than seven years back. Respondent-Sewak Ram is the father-in-law of the deceased. Deceased Seema Devi consumed poison on 23-11-1991 and committed suicide. On January 27, 1992 Smt. Sumitra, the mother of the deceased lodged a report in Police Station, Dhali regarding the aforesaid incident alleging that the respondent Sewak Ram abetted the commission of suicide by his daughter-in-law. According to the version of the complainant Smt. Sumitra, her son-in-law namely Ram ...
Vikram Anand Vs. Rakesh Singha
Court: Himachal Pradesh
Decided on: Sep-13-1994
Reported in: AIR1995HP130
ORDERKamlesh Sharma, J.1. These three Election Petitions (Election Petition No. 4 of 1994, Vikram Anand v. Rakesh Singha; 5 of 1994 Suresh Bhardwaj v. Rakesh Singha and others; and I of 1994 Harbhajan Singh Bhajji v. Rakesh Singha and others) are being disposed of by a common judgment as the relief sought for in them is common. It is to declare the election of Sh. Rakesh Singha, from 8th Shimla Assembly Constituency held in November, 1993, void. Election Petition No. 4 of 1994, which has been filed by an Elector, Sh. Vikram Anand, is on the grounds that the result of the election of Sh. Rakesh Singha has been materially affected by the improper acceptance, of his nomination papers as he was disqualified to be chosen to fill the seat of 8th Assembly Constituency having been convicted and sentenced to imprisonment for not less than two years as provided under Section 8(3) of the Representation of the People Act, 1951 (hereinafter called 'the Act).2. In Election Petition No. 5 of 1994, wh...
Kundan Ram and Etc. Vs. Darshan and Etc.
Court: Himachal Pradesh
Decided on: Sep-12-1994
Reported in: 1997CriLJ473
Bhawani Singh, Actg. C.J.1. Since common question of law is involved in these cases, we propose to deal with them simultaneously. However, we set out the facts contained in Contempt Appeal (Civil) No. 5 of 1993, (Kundan Ram v. Darshan) being the principal case in which the questions for-determination have been framed.2. The appellant was locked in civil litigation with the respondent. Before the Sub-Judge I-Class (I), Karsog, undertaking was given whereby the respondent undertook not to obstruct the flow of water into the fields of the appellant and in case he failed to abide by the undertaking, he would render himself liable for contempt of Court. The undertaking was accepted by the Court and the suit of the appellant was dismissed as withdrawn. The respondent did not abide by the undertaking. He obstructed the flow of water into the land of the appellant resulting in loss to him. The undertaking given by the respondent was brought to his notice but no attention was paid to it. Rather...
Amrit Banaspati Company Ltd. Vs. Suraj Industries Ltd.
Court: Himachal Pradesh
Decided on: Sep-07-1994
Reported in: AIR1996HP70
ORDER1. The plaintiffs-petitioner is a public limited Company, having its registered office at Ghaziabad, Uttar Pradesh, and a factory at Rajpura (Punjab). The petitioners are manufacturing and selling Vanaspati oil with the trade mark 'GAGAN' with a flower like device white printed on dark blue background since the year 1974 in tins, HDP containers and pouches. The defendants-respondent, according to the petitioners, have started, as per the plaintiff, with mala fide and illegal designs using the mark deceptively similar to the trade mark of the plaintiffs-petitioner and the defendants-respondent are using a flower like device and the word 'ANGAN', being used by the defendant is deceptively similar to the trade name 'GAGAN' of the plaintiffs. The plaintiffs-petitioner have filed Suit No. 151 of 1993 wherein the following reliefs have been prayed for:'(i) A decree and an order of permanent injunction restraining the defendants, their servants, agents, representatives and dealers from m...
Ravinder Kumar Vs. Union of India (Uoi) and ors.
Court: Himachal Pradesh
Decided on: Sep-01-1994
Reported in: AIR1996HP79
Kamlesh Sharma, J. 1. In this writ petition, the Letter of Intent issued in favour of the third respondent, Smt. Kamla Rani, granting her dealership for a dealer owned Petrol and H.S.D. Retail Outlet at Ner Chowk National Highway, District Mandi (hereinafter called 'the retail outlet') has been challenged on the ground, inter alia, that she was not qualified having her family income more than Rs. 50,000/- annually in the relevant financial year 1991-92; she does not ordinarily reside in District Mandi and was not entitled for preference being a candidate belonging to the District for which the dealership is advertised and her Physically-handicapped certificate produced by her is not issued by the competent authority.2. The facts in brief are that notice inviting applications for retail outlet, from amongst chandidates belonging to 'Physically Handicapped/Personnel of Para Military Forces disabled on duty/Widows of Personnel of Para Military Forces who die in line with the course of dut...
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