Himachal Pradesh Court January 2001 Judgments
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Baldev Singh Rana Vs. State of Himachal Pradesh and ors.
Court: Himachal Pradesh
Decided on: Jan-12-2001
Reported in: AIR2002HP41
C.K. Thakker, C.J. 1. This petition is filed by the petitioner for an appropriate writ, order or direction quashing and setting aside a letter dated October 9, 2000 (Annexure P-3) written by the Registrar of Himachal Pradesh University-respondent No. 2 herein and directing the University to permit the petitioner to appear in the Entrance Test conducted for PG Degree/Diploma Course in Indira Gandhi Medical College, Shimla, for the Session 2000-2002/ 2003. A prayer is also made that respondent-University be directed to declare the result of the petitioner on merits of the Entrance Test and he be admitted to PG Degree/Diploma course after counselling. 2. The case of the petitioner is that he is an ex-serviceman. He passed his MBBS Examination in 1991 from Indira Gandhi Medical College. Shimla. After completing house job, he joined Army as Medical Officer. He served Army from July 1, 1992 to June 30. 1997. After he was released from Army in 1997, he joined the State of Himachal Pradesh as ...
Balwant Singh and ors. Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Jan-12-2001
Reported in: I(2001)DMC751
C.K. Thakker, C.J.1. This appeal is filed against judgment and order of conviction recorded by the Additional Sessions Judge, Una on July 18, 1997 in Sessions Case Nos. 11/94, 13/94. By the said judgment, the learned Additional Sessions Judge convicted the accused for offences punishable under Sections 498A and 306 of the Indian Penal Code and sentenced them.2. In paragraph 38 of the judgment, the learned Judge stated :'Thus, keeping in view the extenuating and exaggerating circumstances in the instant case and also viewing the plight of the convicts, it is a fit case where ends of justice shall be met, if convict Kanta Devi is sentenced to undergo simple imprisonment for one year for the commission of offence under Section 498-A of the Indian Penal Code and four years for the offence committed under Section 306 of the Indian Penal Code and she is also fined to pay rupees of 1,000/- for the commission of each of the said offences and in default of payment of fine, she will undergo furt...
Vijay Vishal Vs. Inder Singh Kaundal and anr.
Court: Himachal Pradesh
Decided on: Jan-12-2001
Reported in: 2002CriLJ1177
ORDERKamlesh Sharma, J.1. In this petition the petitioner has invoked the powers of this Court under Section 482, Code of Criminal Procedure, and under Article 227 of the Constitution of India to assail the order dated 1-12-1998 passed by Sessions Judge, Shimla, whereby the Criminal Revision of respondent No. 1 was allowed and the order dated 17-9-1998 of Judicial Magistrate, 1st Class (2), Shimla, was set aside and the vehicle bearing No. HP-01-0926 was ordered to be delivered to him. The Judicial Magistrate, 1st Class by his order dated 17-9-1998 had released the said vehicle in favour of the petitioner under conditions given in the order.2. It is not in dispute that the petitioner is the registered owner of the vehicle No. HP-01-0926 and he had sold it to respondent No. 1 for a consideration of Rs. 1,10,997/-vide agreement dated 29-3-1997. An amount of Rs. 44,000/- was paid to the petitioner and balance amount of Rs. 66,997/- was to be paid to the Canara Bank, The Mall, Shimla in th...
Rattan Chand and anr. Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Jan-12-2001
Reported in: 2002CriLJ1598
M.R. Verma, J.1. Since these two appeals (Cr. A. Nos. 525 and 549 of 1996) and the revision (Cr. Revision No. 150 of 2000) arise out of the same judgment dated 17-8-1996 passed by the learned Sessions Judge, Una, therefore, these are disposed of by this common judgment.2. Criminal Appeal No. 549 of 1996 has been preferred by the appellants/convicts Som Datt, Balkishan, Raj Kumar and Neel Kanth (hereafter referred to as the 'accused') and Criminal Appeal No. 525 of 1996 has been preferred by appellants/accused Rattan Chand and Babu Ram (hereinafter referred to as the 'accused') against the judgment dated 17-8-1996 whereby each one of them has been convicted under Section 304(11), Section 325 read with Section 149, Section 452 read with Section 149 and Sections 148 and 149 of the Indian Penal Code and each of them has been sentenced to rigorous imprisonment'for a period of five years under Section 304(11) read with Section 149 of the Indian Penal Code, rigorous imprisonment for one year ...
Rakesh Kumar and ors. Vs. National Hydro Electric Power Corporation an ...
Court: Himachal Pradesh
Decided on: Jan-11-2001
Reported in: AIR2002HP70
Kamlesh Sharma, J. 1. The petitioners are working as contractors in District Kullu. In this writ petition they have prayed, inter alia, for quashing the circulars Annexures P-5 and P-6 issued by respondent No. 1 and for issuing direction to it to award contracts to the petitioners and similarly situated contractors without furnishing Employees Provident Fund Code Number (hereinafter called the 'E.P.F. Code Number').2. Respondent No. 1 National Hydro Electric Power Corporation (hereinafter called 'the Corporation') is Government of India Undertaking, which is assigned the work of execution of Parbati Hydro Electric Project. Bhuntar, Tehsil and District Kullu. which is Joint venture of Union of India and the State of Himachal Pradesh. It has issued the impugned circular dated 18-9-1988 Annexure P-5 advising all the contractors to get E.P.F. Code Number from the Regional Provident Fund Commissioner, Shimla (HP). Similarly, Manager (C). Incharge (P&A;) Wing, Parbati Hydro Electric Project....
Raj Mohammed Alias Raju Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Jan-11-2001
Reported in: 2002CriLJ2091
Lokeshwar Singh Panta, J.1. Appellant Raj Mohammad alias Raju (hereinafter referred to as the 'accused') has filed this appeal from Model Central Jail, Nahan against the judgment and order of conviction and sentence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short NDPS Act) recorded by the Sessions Judge, Una on August 31 1999 in Sessions Case No. 20/98/Sessions Trial No. 28/98.2. The prosecution case was that on 29-8-1998 SI Sarup Chand (P.W.I 1) was on routine patrolling along with SI Ajay Rana, Constable No. 297 Baldev Raj (P.W.6) and Constable No. 239 Subhash Chand (P.W. 10) in vehicle No. HP-20-6060 when the patrolling party was present at a short distance away from the Pollan barrier, constable Pawan Kumar (P.W.3) disclosed S.I, P.W. 11 that he received a secret information at about 9 p.m. about the involvement of the accused a resident of Jaijon, Police Station, Mehalpur, District Hoshiarpur (Punjab) that the accused was doing the business...
New India Assurance Co. Ltd. Vs. Prem Lata and ors.
Court: Himachal Pradesh
Decided on: Jan-05-2001
Reported in: 2001ACJ1111
Kamlesh Sharma, J. 1. The appellant insurance company is aggrieved by the award dated 27.7.1993 passed by Motor Accidents Claims Tribunal, Solan, whereby the claim petition of the respondents-claimants was allowed and compensation of Rs. 1,43,000 was awarded to them to be paid by the appellant insurance company with interest at the rate of 12 per cent per annum from the date of filing the petition till the date of payment if the award amount is not paid within 45 days from the date of order. The only ground for denying its liability to pay the amount of compensation is that the driver of the scooter respondent No. 4 Bhuvan Chand Tiwari was not holding driving licence, more specifically, that his driving licence was for light motor vehicle only and not for scooter independently or by way of endorsement.2. We have heard learned counsel for the parties and gone through the record. We find that in the reply to the claim petition the appellant insurance company took number of preliminary ob...
New India Assurance Co. Ltd. Vs. Roshan Lal and ors.
Court: Himachal Pradesh
Decided on: Jan-05-2001
Reported in: 2003ACJ1073
M.R. Verma, J.1. Appellant New India Assurance Co. Ltd. (hereinafter referred to as 'the appellant') has preferred the present appeal against the award dated 30.1.90 passed by Motor Accidents Claims Tribunal, Bilaspur (hereinafter referred to as 'the Tribunal') whereby the respondents-claimant Nos. 1 and 2 (hereinafter referred to as 'the claimants') have been awarded a sum of Rs. 57,600 as compensation along with interest at the rate of 12 per cent per annum from the date of accident till the payment of the compensation amount and costs of the claim petition.2. Brief facts, leading to the presentation of this appeal are that one Parkash Chand aged about 20 years employed as a peon in the Sub-Treasury at Swarghat was travelling on 2.10.1986 in bus No. CHZ 111 from Shri Naina Devi Ji to Kainchi Mour. The said bus met with an accident at a curve at Shri Naina Devi Ji at about 4.15 p.m. and said Parkash Chand died as a result of the said accident which took place due to rash and negligent...
Chanchala and ors. Vs. Megh Singh and anr.
Court: Himachal Pradesh
Decided on: Jan-01-2001
Reported in: 2003CriLJ2480
M.R. Verma, J.1. This revision petition under Sections 397/401 read with Section 482 of the Code of Criminal Procedure (hereafter referred to as 'the Code') has been preferred by the accused/petitioners (hereafter referred to as 'the petitioners') against the order dated 29-11-2002 passed by the learned Additional Chief Judicial Magistrate, Joginder Nagar whereby their applications for exemption from personal appearance in a criminal case had been dismissed.2. The sum and substance of the facts leading to the presentation of this petition are that the complainant respondent No. 1 (hereafter referred to as 'respondent No. 1') has instituted a complaint against the petitioners and the pro forma respondent under Sections 147, 451, 500, 323, 504, 506/34 of the Indian Penal Code. Admittedly, the trial Magistrate, after finding a prima facie case against the petitioners and pro forma respondent, issued summons to them directing their appearance in person on 29-11-2002. The petitioners, howev...
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