Himachal Pradesh Court August 1999 Judgments
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Vijay Singh Mankotia Vs. Nehar Singh and anr.
Court: Himachal Pradesh
Decided on: Aug-13-1999
Reported in: 2000CriLJ1159
ORDERM.R. Verma, J. 1. This petition under Section 482 read with Sections 397/401 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') read with Article 227 of the Constitution of India prays for setting aside the order dated 1-6-1998 passed by the learned Sessions Judge, Shimla and for quashing the complaint No. 32/2 of 1989.2. Brief facts leading to the presentation of this petition are that respondent Nehar Singh (hereinafter referred to as the 'Complainant') filed a complaint against the petitioner-accused (hereininafter referred to as 'the accused') and six others under Sections 469, 500, 501, 502 and 120-B of the Indian Penal Code. Case of the complainant as made out in the complaint is that he was born in a respectable family and did graduation and BT and served as a Trained Graduate Teacher for about a year and then resigned and contested elections from Rohru Constituency for the Territorial Council of' Himachal Pradesh in the year 1957 and was duly elected...
Amit J. Bhalla Vs. Rajneesh Aggarwal
Court: Himachal Pradesh
Decided on: Aug-13-1999
Reported in: [2000]99CompCas130(HP)
R.L. Khurana, J. 1. This order will dispose of the above noted three petitions made under Section 482 of the Criminal Procedure Code, 1973, for the quashing of the proceedings against the petitioner under Section 138 of the Negotiable Instruments Act, 1881, vide Criminal Complaints Nos. 268-1 of 1997, 269-1 of 1997 and 319-1 of 1997 pending before the learned Judicial Magistrate, First Class, Manali, since common questions of law and facts are involved therein.2. Stated briefly, the facts giving rise to the present petitions are these. The respondent in September, 1996, had supplied watches worth Rs. 16,55,559 to the petitioner. A balance of Rs. 9,40,000 was due from the petitioner. The petitioner gave three cheques as under to the respondent:ChequeNo.DateAmount (Rs.)04418315-2-199716,30004418415-3-199716,30004417415-4-19972,00,0003. All the said three cheques were drawn on Bank of Baroda, Parliament Street, New Delhi, The first two cheques were in respect of the interest amount payabl...
H.R.T.C. and anr. Vs. Sarla Devi and ors.
Court: Himachal Pradesh
Decided on: Aug-10-1999
Reported in: I(2000)ACC167
Lokeshwar Singh Panta, J.1. The above appeals and counter appeals have been taken up together as they arise out of a single accident between the same parties and involve common questions of fact and law. The learned Counsel on either side have made their common factual and legal submissions. FAO (MVA) No. 105/92 and FAO (MVA) No. 106/92 have been filed by the Himachal Road Transport Corporation against the judgments and awards of Motor Accident Claims Tribunal (II), Una whereunder the appellant-Corporation has been held liable to pay the amount of compensation awarded in favour of the claimants of the deceased and injured in the accident. FAO (MVA) No. 124/92 and FAO (MVA) No. 130/92 have been filed by the claimants of the deceased and by the injured against the said awards to the extent of holding the deceased contributory negligent to the extent of 50% and also seeking enhancement of the amount of compensation.2. The facts giving rise to these appeals may briefly be stated as under:O...
New India Assurance Co. Ltd. Vs. Anil Kumar and ors.
Court: Himachal Pradesh
Decided on: Aug-10-1999
Reported in: I(2000)ACC148,2001ACJ127
L.S. Panta, J.1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the New India Assurance Co. Ltd. (hereinafter for short 'the appellant company') against the judgment and award dated 24.7.91 of Motor Accidents Claims Tribunal (3), Kangra at Dharamsala in M.A.C. Petition No. 25 of 1989, whereby total amount of compensation of Rs. 73,160 was awarded in favour of the claimant Anil Kumar for the injuries suffered by him in the accident.2. The facts giving rise to the filing of the present appeal may briefly be stated as under:On 5.3.89, claimant Anil Kumar hired a taxi bearing registration No. DAJ 3543 at Shahpur, District Kangra and he along with his mother and wife was travelling in the said taxi to Trilokpur. When the taxi (Maruti van) reached near a place known as Sihun at about 3.30 p.m., a Himachal Road Transport Corporation bus was coming from the opposite side being driven by respondent Harnam Singh, who stopped the bus on his left side of the road b...
Sukesh Kumar Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Aug-02-1999
Reported in: 2000CriLJ698
M.R. Verma, J. 1. This appeal has been preferred by the accused-appellant (hereinafter referred to as the accused) against the judgment dated 19-2-1996 passed by the learned Addl. Sessions Judge (I), Kangra at Dharamsala whereby the accused has been convicted under Section 376, IPC and has been sentenced to undergo rigorqus imprisonment for 7 years and to pay a fine of Rs. 5000/- and in default of payment of fine, to undergo further imprisonment for a period of one year.2. The case ot the prosecution, in brief, is that PW-1 Kumari Parvita (hereinafter referred to as the prosecutrix) resident of village Bahar was studying in 7th class in Government Middle School, Jasai in May, 1994. On 9-5-1994 when the school closed at 2 p.m., she left for home. At about 2.30 p.m. when she reached near a Baniyan tree at Kupru, she saw a boy aged about 22-23 years sitting under the said tree. When she reached near him, he got up and enquired from her about the distance of the house of Parveen Driver of ...
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