Himachal Pradesh Court June 1999 Judgments
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Balkish Vs. Talib Hussain
Court: Himachal Pradesh
Decided on: Jun-28-1999
Reported in: 1999CriLJ4467
ORDERR.L. Khurana, J.1. The sole question falling for determination in the present revision petition is: 'Whether the claim of maintenance under Section 3 of the Muslim Women (Protection of Rights and Divorce) Act, 1986 (for short 'the Act') by a divorced muslim wife is restricted only to the period of 'Iddat''.2. The brief facts of the case giving rise to the present petition may be thus stated. The parties were married to each other according to muslim rites at Nahan in the year 1990. As per 'Nikahnama', the respondent-husband had agreed to pay to the petitioner wife 'Mehr' of 32V 1/4 tolas of silver or the value thereof. The respondent divorced the petitioner on 31-1-1992. No child was born to the parties from this wedlock.3. The petitioner on 23-1-1993, approached the Chief Judicial Magistrate, Nahan, with a petition under Section 3 of the Act, inter-alia, claiming the following reliefs :(i) Rs. 2,257.50 paise being the value of 32 1/4 tolas of silver as 'Mehr' agreed to be paid as...
Yosimeir and ors. Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Jun-28-1999
Reported in: 1999CriLJ4149
ORDERM.R. Verma, J.1. This is an application under Section 439, Cr. P.C. moved by the accused-petitioners (hereinafter referred to as 'the accused') for grant of bail in case FIR No. 113/99 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') registered against them at Police Station, Manali. Their case, in brief, is that they had come to Kullu Manali after hiring the services of one Nikolie Singh, Driver, resident of Goa and his vehicle at Gangotri. On reaching Manali, accused along with said Nikolie Singh stayed in a Guest House. On 27-5-1999, accused-petitioner No. 1 found that his cash worth Rs. 50,000/- (Indian currency) was missing and at the same time said Nikolie Singh was also found missing along with his vehicle. The accused went to the police station and lodged an FIR under Section 380, I.P.C. against said Nikolie Singh who was subsequently arrested by the police near Bajora Check Post and is presently in judicia...
State of H.P. Vs. Krishan Kumar
Court: Himachal Pradesh
Decided on: Jun-28-1999
Reported in: 2000CriLJ2060
M.R. Verma, J.1. This is an appeal against the judgment dated February 9, 1995 passed by the learned Additional Sessions Judge (II), Kangra at Dharamshala whereby the judgment dated January 31, 1994 passed by the learned Judicial Magistrate, I-Class (II), Nurpur convincing the accused under Section 16(1-A) of the Prevention of Food Adulteration Act (hereafter referred to as the 'Act') read with Rule 29 of the Prevention of Food Adulteration Rules, 1955 (hereafter referred to as the 'Rules) awarding him sentence of undergoing rigorous imprisonment for one year and fine in the sum of Rs. 2,000/- and in default of payment of fine, to undergo further rigorous imprisonment for three months has been set aside and the accused has been acquitted.2. The case of the prosecution, in brief, is that PW-1 B.S. Sidhu, Food Inspector visited the shop of the accused in the Court Complex at Nurpur on March 25, 1992 and allegedly, after observing the formalities as provided under the Rules, purchased a s...
Narinder Kumar Vs. Harnam Singh
Court: Himachal Pradesh
Decided on: Jun-25-1999
Reported in: 2000CriLJ257
M.R. Verma, J. 1. Feeling aggrieved by the judgment dated 21-4-1995 passed by the learned Sessions Judge, Solan whereby the judgement dated 29-4-1993 passed by the learned Chief Judicial Magistrate, Solan whereby the accused was convicted under Section 138 of the Negotiable Instruments Act and was sentenced to imprisonment till the rising of the Court and to pay a fine of Rs. 10,000/-, in default of payment of fine, the accused was to undergo simple imprisonment for one month and a sum of Rs. 5000/-out of the amount of fine, if deposited, was to be paid to the complainant by way of compensation, had been set aside and the ac cused has been acquitted, the appellant-complainant (hereinafter to be referred to as 'the complainant') has preferred the present appeal.2. The case of the complainant, in brief, is that the complainant and the accused are agriculturists and also are carrying on the business as forest lessees. The accused allegedly borrowed a sum of Rs. 30,000/- from the complaina...
State of Himachal Pradesh Vs. Madan Lal
Court: Himachal Pradesh
Decided on: Jun-25-1999
Reported in: 1999CriLJ4028
M.R. Verma, J.1. This is an appeal against the judgment dated 13-12-1993 passed by the learned Additional Sessions Judge, Solan, whereby while setting aside the conviction of and sentence awarded to the accused-respondent (hereinafter referred to as 'the accused') under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act') by the learned Sub-Divisional Judicial Magistrate, Arki, the accused has been acquitted of the accusations.2. Case of the prosecution, in brief, is that PW 3 I. D. Verma, Food Inspector on 29-4-1988 inspected the shop of the accused at Jhar Majari when the accused was allegedly found in possession of 11 kgs. of milk meant for sale and after serving with him notice he purchased the milk from the accused for the purpose of analysis. So purchased sample milk was dealt with in accordance with the Rules and on analysis the sample was found deficient in milk solid not fat by 47% of the minimum prescribed standard. Hence...
Amar Singh and ors. Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Jun-24-1999
Reported in: AIR1999HP106
M.R. Verma, J.1. Feeling aggrieved by the judgment and decree dated 17-8-1993 passed by the learned District Judge, Una, thereby setting aside the judgment and decree passed by the learned Sub-Judge 1st Class, Una, whereby the suit of the plaintiffs-appellants (hereinafter referred to as 'the plaintiffs') was partly decreed to the effect that they have been in possession of land covered under abadies as reflected in copy of Khatauni Istemal Ext.P-7 over Khasra Nos. 1337, 1338 and 1339 and have become owners thereof under the provisions of H.P. Tenancy and Land Reforms Act and the order of Assistant Collector 1st Grade dated 29-8-1985 evicting the plaintiffs from the area under their abadies over the said khasra numbers is void, illegal and not binding on them and restraining the State from interfering or forcibly dispossessing them from the said abadies, was decreed, has preferred the present appeal.2. Brief facts giving rise to the presentation of the appeal may be stated, thus;3. The...
State of Himachal Pradesh Vs. Madan Lal
Court: Himachal Pradesh
Decided on: Jun-24-1999
Reported in: 1999CriLJ4833,II(2000)DMC77
Lokeshwar Singh, J.1. The State is in appeal against the judgment dated 16-6-1994 of Additional Sessions Judge, Una in Sessions Case No. 4/94 (93) (Sessions Trial No. 1/94). By the impugned judgment the learned Additional Sessions Judge acquitted the accused-respondent of the offence under Sections 302 and 304-B of the Indian Penal Code.2. The facts giving rise to this appeal may briefly be stated hereinunder :Madan Lal adcused-respondent was married to Kiran Bala daughter of Ramesh Chand (PW 1) and Smt. Prem Rani (PW 2) on 2-12-1991. The husband and wife started living after marriage in village Bangana, District Una but since July 1992, the accused-respondent took a rented house at Mohalla Galua, Una though he was working at Nangal. The prosecution case was that after some interval of the marriage, accused-respondent started taunting Smt. Kiran Bala for bringing duplicate articles in dowry and he had been pressuring her to demand VCR, gas cylinder and scooter etc. from her parents. Th...
Suresh Kumar and ors. Vs. Urmila Smt. and ors.
Court: Himachal Pradesh
Decided on: Jun-22-1999
Reported in: 2000ACJ105,(2000)ILLJ138HP
D. Raju, C.J.1. The above appeal has been filed under Section 30 of the Workmen's Compensation Act, 1923 by the widowed mother of one Jit Singh and his unmarried sister and minor brother challenging the order dated March 2, 1991 passed by the Commissioner under the Workmen's Compensation Act, Dalhousie whereunder the application filed by the present appellants came to be dismissed holding that the compensation awarded and apportioned among the widow and widowed mother of Jit Singh was valid. It may also be pointed out at this stage that on account of the death of Jit Singh who was said to have been working as a driver in the services of the second respondent-Corporation the matter was reported to the Commissioner for Workmen's Compensation under the provisions of the Act by the Assistant Manager, Equipment Division No. 1 Chamera Project, Banikhet vide his reference dated November 18, 1987. Thereupon, the parties were said to have been summoned and on going through the representations i...
Oriental Insurance Co. Vs. Sukh Pal and ors.
Court: Himachal Pradesh
Decided on: Jun-21-1999
Reported in: 2001ACJ890,AIR1999HP98
Lokeshwar Singh Panta, J.1. Bythis common judgment we propose to dispose of a batch of nine appeals and one miscellaneous petition, namely, FAO (MVA) Nos. 160/98, 164/ 98, 29/99, 30/99, 32/99, 33/99, 57/99, 147/99, 152/99 and Miscellaneous Petition No. 7 of 1999, since these arise out of one of (and) the same accident which occurred at 2.30 p.m. on June 29, 1996 involving truck bearing Registration No. HP-18-4974 in which many persons were said to have died and resulting injuries to others. It will be useful to give certain facts which are commonfor these cases.2. Truck No. HP-18-4974 was engaged by several persons on 29th June, 1996 for carrying their tomatoes consignments to the market. The owners of the goods were travelling in the said truck owned by Bharat Sharma. When the owners of the goods were traveling in the truck with their tomatoes consignments and were returning from Kheri in the truck after obtaining G. Rs., the truck met with an accident near village Chhapang on Nanan-R...
Aggarwal and Company Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Jun-21-1999
Reported in: AIR2000HP1
ORDERR.L. Khurana, J. 1. The work of 'LSWW Solan (SH: Providing and laying of 200mm dia MSERW pipes in rising main in all the stages)'including the total cost of Rs. 32,35,685/-against agreement No. 22 of 1986-87 was awarded to Messrs. Aggarwal and Company, hereinafter referred to as the plaintiff on 9-2-1987. The work was to be completed within six months, that is, by 24-8-1987. Since the work could not be completed within the stipulated period action was taken against the plaintiff in terms of Clause 2 of the agreement by levy of compensation at the rate of 10% of the contract amount. The plaintiff in spite of such action did not execute the work. Therefore, acting under Clause 3(a) of the agreement, the defendant rescind the contract and forfeited the security of Rs. 1,00,000/- deposited by the plaintiff at the time of allotment of work in his favour.2. The action of the defendant resulted into a dispute. Consequently, the plaintiff sought for reference of dispute to arbitration wit...
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