Himachal Pradesh Court January 2000 Judgments
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Om Prakash and ors. Vs. State of Himachal Pradesh and ors.
Court: Himachal Pradesh
Decided on: Jan-07-2000
Reported in: AIR2001HP18
Kamlesh Sharma, J. 1. The appellants are the plaintiffs, whereas, respondents are the defendants and they will be referred to as such in this judgment. Plaintiff No. 5 is a temple by the name Shri Nandikeshwar Ji and it has sued through plaintiffs No. 1 to 4. On the other hand, defendant No. 1 is the State, defendant No. 2 is the Temple Commissioner and defendants No. 3 to 17 are the Members of the Managing Committee of the temple Shri Chamunda Nandikeshwar.2. The plaintiffs are aggrieved by the impugned decree and Judgment dated 5-7-1997 passed by District Judge, Kangra at Dharamshala, whereby their suit for declaration and consequential relief of permanent prohibitory injunction has been dismissed. The plaintiffs claim that plaintiff No. 5, temple Shri Nandikeshwar Ji is their private temple and they being owner in possession of the same and the property attached thereto, the defendants have no right, title and interest in it and the notification No. Bhasha-F (4) 8/92 dated 24-2-1994...
Kalima Plastic Pvt. Ltd. and anr. Vs. H.P. Financial Corporation and o ...
Court: Himachal Pradesh
Decided on: Jan-06-2000
Reported in: AIR2001HP29
ORDERSurinder Sarup, J.1. The facts giving rise to this revision petition are as follows.On 22-4-1982, the petitioners, who are the plaintiffs in the main suit, had leased out the land in dispute in favour of defendant-respondent No. 3, i.e. M/s. Kalima Enterprises Pvt. Ltd. This lease was through execution of a registered lease deed of even date. Thereafter, the said defendant-respondent No. 3 took a loan from defendant-respondents Nos. 1 and 2 i.e. Himachal Pradesh Financial Corporation and Himachal Pradesh State Industrial Development Corporation, respectively, for setting up an Industrial Unit at Parwanoo. As part of the terms and conditions of the raising of this loan, the said defendant-respondent No. 3 pledged interest of lease-hold rights including building and machinery etc., set up or to be set up, with the said defendant-respondents Nos. 1 and 2. It is the admitted case of the parties that the land which was on lease with defendant-respondent No. 3 from the petitioners, was ...
Khem Singh Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Jan-06-2000
Reported in: 2000CriLJ4326
ORDERM.R. Verma, J.1. This is an appeal against the judgment dated 28-11-1996 passed by the learned Additional Sessions Judge, Handi whereby appellant-accused (hereinafter referred to as the 'accused') has been acquitted of the charge under Sections 302, 498-A and 201 of the Indian Penal Code, but has been convicted for the commission of an offence punishable under Section 306 of the Indian Penal Code and has been sentenced to rigorous imprisonment for 3 years and to pay fine in the sum of Rs. 2,000/-. In default of payment of fine, the accused has been directed to undergo further simple imprisonment for 6 months.2. Briefly stated case of the prosecution is that Soma Devi (since deceased) married the accused about 2!/2 years before June, 1995, It was a love marriage and the accused, at that time, had another living wife, namely Nirmala Devi (PW 9). After the marriage, she has been residing with the accused. On June 26, 1995 a telephonic information was received in Police Station, Gohar...
Abhilash Kumar and ors. Vs. H.P. Krishi Vishva Vidyalaya and ors.
Court: Himachal Pradesh
Decided on: Jan-06-2000
Reported in: AIR2001HP25
R.L. Khurana, J.1. The five petitioners, namely, Sarvshri Abhilash Kumar, Brijesh Pratap, Vishal Thakur, Vinay Rana and Rajnish Sharma. having been unable to seek admission to the B. V. Sc. and AH course in the H.P. Krishi Vishva Vidyalaya (hereinafter referred to as the University),had approached this Court by way of a writ of certiorari to quash the proceedings dated 7-9-1998, filed as Annexure PA to the writ petition, as subsequently rectified by the Board of Management of the University on 17-10-1998, insofar as it purports to give benefit of reservation to the wards of deceased employees of the University in B. V. Sc. and AH course, while recommending the names of respondents Nos. 2 to 5 for admission to the said course by applying the principles of severality. Consequently, the admission granted to the respondents Nos. 2 to 5 on 12-10-1998 in the first year of B. V. Sp. and AH course was also sought to be set aside. A further direction was sought to admit the petitioners to the s...
Joti Ram (Dead) Through L.Rs. and ors. Vs. Bhagat Singh and ors. Etc.
Court: Himachal Pradesh
Decided on: Jan-06-2000
Reported in: AIR2000HP123
Lokeshwar Singh Panta, J.1. The above two appeals have been placed before us and we are called upon to answer the following question :--'Whether a Civil Suit filed by a tenant who has been dispossessed without his consent from his tenancy or any part thereof is time barred having regard to the provisions of Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953?'2. The facts so far as necessary for understanding the controversy may now bestated :Jyoti Ram had filed a suit for possession of lands situate is Mauja Taruwala, Tehsil Paonta Sahib, District Sirmaur on the allegations that the respondents-defendants had been owners in possession of the land in village Taruwala, out of which they had sold 12 bighas 11 biswas to the appellant-plaintiff and others on 19-7-1960 and had kept with them 11 biswas of land out of khasra No. 104. They then migrated to Uttar Pradesh. In 1968-69, respondents-defendants came back to the village and they found the plaintiff in possessi...
Pradeep Kumar and ors. Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Jan-06-2000
Reported in: 2001CriLJ1517
M.R. Verma, J.1. Feeling aggrieved the appellants-accused (here-in-after referred to as the accused) have preferred the present appeal against the judgment dated 24-11-1997 passed by the learned Sessions Judge, Bilaspur whereby the accused persons have been convicted and sentenced under Section 302 read with Section 34 of the Indian Penal Code to undergo rigorous imprisonment for life and to pay fine in the sum of Rs. 5000/- each and in default of payment of fine to suffer further rigorous imprisonment for one year.2. Case of the prosecution, in brief, is that on 18-4-1996 at 8-30 p.m. Dr. TVS. Chandel (PW-12), Medical Officer, CHC Bharari gave a telephonic information to Police Station, Bharari intimating that one Asha Devi (since deceased) resident of Dehra had been admitted in the Hospital in burnt Condition, therefore, some Investigating Of-ficer may be deputed in the matter. The information so received was entered in daily-diary of the Police Station vide Report Ex. PW-10/A and SI...
Om Parkash Vs. Ved Parkash and ors.
Court: Himachal Pradesh
Decided on: Jan-04-2000
Reported in: AIR2000HP45
ORDERR.L. Khurana, J.1. The abovenoted two Second Appeals arising out of the judgment and decree dated 11-11-1997 of the learned District Judge, Nahan, are being disposed of by this single Judgment.2. The appellants in both the appeals were the defendants while respondents 1 to 3 were the plaintiffs before the learned trial Court. They are being referred to accordingly hereinafter.3. In a suit for partition of joint property, being civil suit No. 5/1 of 1974, filed by one Kanshi Ram, the predecessor-in-interest of the present plaintiffs, a preliminary decree for partition was passed on 19-9-1986. The shares of the parties were determined as under :--1. Plaintiff -1 /3rd share.2. Defendants Nos. 1 and 2-1 /3rd share.3. Smt Jawala Devi-1 /3rd share. (deceased defendant No. 3).4. Defendant No. 1 Om Parkash assailed the preliminary decree dated 19-9-1986 by way of an appeal before the learned District Judge, Nahan. Such appeal was dismissed on 19-7-1987. Thereafter, the plaintiffs applie...
New India Assurance Co. Ltd., Shimla Vs. Suraj Parkash and ors.
Court: Himachal Pradesh
Decided on: Jan-04-2000
Reported in: 2001ACJ85,AIR2000HP91
D. Raju, C.J.1. The above appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) against the award dated 21-9-1992 in Motor Accidents Claims Petition No. 7 of 1991 on the file of Motor Accident Claims Tribunal. Hamirpur, whereunder a sum of Rs. 25,000/- has been awarded as compensation to the claimant, who suffered injuries as a result of accident due to collision between a Maruti Van bearing No. HP-02-0251 belonging to the third respondent and a Motor Cycle. The accident was said to have occurred on account of rash and negligent driving of the Maruti Van by its driver, the 2nd respondent herein. The first respondent herein made a claim for the award of a sum of Rs. 3 lacs from the respondents. The third respondent in the Tribunal below was the insurance company (appellant herein) with whom the Maruti Van was said to have been insured.2. The respondents contended that the claimant did not suffer injuries on account of rash and negli...
Mahboob Ali Vs. State of Himachal Pradesh and anr.
Court: Himachal Pradesh
Decided on: Jan-04-2000
Reported in: 2000CriLJ4801
Kamlesh Sharma, J.1. These two appeals (Criminal Appeals Nos. 254 of 1991 arid 36 of 1992) arise out of judgment dated 25-11-1991 passed by Additional Sessions Judge, Kullu, District Kullu whereby accused Mehbub All was convicted under Section 366, I.P.C. and sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 5000/-, and in default of payment of fine he was to further undergo simple imprisonment for a period of one year. Out of the fine, if recovered, an amount of Rs. 3000/- was to be paid to the prosecutrix (PW-9) without any prejudice to her claim for damages, if any. Mehbub All filed appeal (Criminal Appeal No. 254 of 1991) to challenge his conviction and sentence, whereas, State of Himachal Pradesh filed (Criminal Appeal No. 36 of 1992) to challenge his acquittal under Sections 376 and 363, I.P.C.2. The prosecution story in brief is that the accused, who professes Islam and was doing the work of repairing Sofa Sets in the hotels, was the ...
National Insurance Co. Ltd. Vs. Prito and ors.
Court: Himachal Pradesh
Decided on: Jan-04-2000
Reported in: 2000ACJ1173
D. Raju, C.J. 1. The above appeal has been filed under Section 173 of the Motor Vehicles Act against the award passed by the Motor Accidents Claims Tribunal (I), Shimla, dated 21.5.1993 in M.A.C. No. 15-S/2 of 1988/87 by the insurance company, whereunder the Tribunal below awarded a compensation of Rs. 1,20,000 to the claimants with a direction to the appellant insurance company to pay with interest at the rate of 12 per cent per annum from the date of claim petition till the date of deposit. The claimants before the Tribunal below were the widow, the minor sons and parents (father and mother) of Harnam Singh who died in an accident while travelling in a truck bearing registration No. PUH 3559 belonging to late Harbans Lal, who was said to have died during the pendency of the petition, his legal representatives coming on record thereafter for continuing the proceedings instituted in the Tribunal below. It appears that the deceased was working as agent with different fruit merchants at ...
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