Himachal Pradesh Court November 2001 Judgments
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Court on Its Own Motion Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Nov-21-2001
Reported in: 2002CriLJ1728
C.K. Thakker, C.J.1. Pursuant to a newspaper report in Hindustan Times, New Delhi, dated September 7, 2001, Divya Himachal, dated September 6, 2001 and Indian Express, the Registry was directed to place the matter on judicial side and accordingly, the news item was registered as Cr. W.P. No: 28 of 2001.2. The news item depicted that a tender aged boy of 10 years, named Karnail Singh, who was studying in a Primary School at village Sakeri, about 26 kms. from Palampur was severely beaten by his school teacher Onkar Nath, respondent No. 10 herein, on August 21, 2001. According to the Press Reports, Onkar Nath kicked Karnail Singh, a student of standard IV, causing injury on the genital region. The injury continued aggravating till Septmber 1, 2001 when the student died. It is also observed in the report that some influential persons allegedly acted as 'mediators' to facilitate a mutual agreement to compensate loss of life of the minor boy with his mother Bhato Devi and a settlement was sa...
Kheti Ram and anr. Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Nov-20-2001
Reported in: 2003CriLJ86
Lokeshwar Singh Panta, J. 1. This appeal is directed against the judgment dated 21-2-2000 of Sessions Judge, Chamba in Session trial No. 15 of 1999 convicting the appellants-accused under Section 302 of the Indian Penal Code and sentencing them to undergo imprisonment for life and to pay fine of Rs. 5000/- each. In default of payment of fine to undergo simple imprisonment for two months each for the murder of one Chaman Lal. The appellants were also convicted under Section 323 read with Section 31 of the Indian Penal Code for inflicting simple injury to Ram Singh and sentenced to suffer imprisonment for three months each and to pay fine of Rs. 1000/- in default of payment of fine they shall undergo simple imprisonment for one' month cash.2. In order to appreciate the controversy we are herewith giving essential facts.3. As per the prosecution story, on 13-1-1999 at about 6 or 6-30 p.m. PW-1 Ram Singh along with his brother Chaman Lal were going to their maternal grand parents' house in...
Col. Romesh Chandera Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Nov-19-2001
Reported in: 2002CriLJ1031
ORDERKamlesh Sharma, J.1. In this application under Section 439 of the Code of Criminal Procedure, the applicant has prayed that he may be enlarged on bail in criminal case FIR No. 271 dated 23-9-2001 under Sections 376 and 506 of the Indian Penal Code registered at Police Station, Sadar, Shimla. He was arrested on 25-9-2001 and is presently lodged in judicial lock-up. He had earlier filed bail application before the Sessions Judge, Shimla on 26-9-2001, which has been rejected by order dated 3-10-2001.2. This Court has heard the learned counsel for the applicant and the learned Addl. Advocate General and gone through the record.3. In his order the Sessions Judge, Shimla has quoted in extenso the averments made by the applicant in his bail application filed before him and also referred to the evidence collected by the police to come to the conclusion that there is a prima facie case against the petitioner for the offence punishable under Section 376 of the Indian Penal Code. By taking i...
Bal Kishan Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Nov-16-2001
Reported in: 2002CriLJ2334
C.K. Thakker, C.J.1. This appeal is directed against the judgment and order of conviction and sentence recorded by the Additional Sessions Judge (1), Kangra at Dharamshala on 1 lth July, 1997 in Sessions Case No. 6-N/97.2. The appellant was the original accused in the above Sessions case. The case of the prosecution was that on 5th November 1995 at about 7.30 p.m., near 'Hard Khad' of Kot Palahari, he committed rape on Smt. Nirmala Devi, wife of Karam Chand, resident of Nurpur, Tehsil Nurpur, District Kangra. The allegation of the prosecution was that Smt. Nirmala Devi (hereinafter referred to as 'the prosecutrix') was working as a labourer along with her husband in order to earn livelihood at Nurpur. On 5th November 1995, the prosecutrix along with her two children was going to the house of her parents at village Kot Palahari. By mistake, she boarded a wrong bus, which was from Jassor to Mink-gran enroute Nurpur Chogan. She was to get down from the bus at a place known Bhadwar for goi...
Ram Swaroop Vs. Mandir Thakran Kalyan Rai
Court: Himachal Pradesh
Decided on: Nov-15-2001
Reported in: AIR2002HP27
M.R. Verma, J. 1. Being aggrieved by the judgment and decree dated 28-11-1997 passed by the learned Additional District Judge (I). Kangra thereby dismissing the appeal and upholding the judgment and decree dated 8-11-1995 passed by the learned Sub-Judge (2), Nurpur. appellant-defendant (hereafter referred to as 'the defendant') has preferred this second appeal.2. Brief facts leading to the presentation of this appeal are that the respondent-plaintiff (hereafter referred as 'the plaintiff) instituted a suit for declaration that the landcomprising Khasra Nos. 1172 to 1176 and 1254 measuring 242-99 square metres, situate in Up Muhal Niazpur. Mauza Nurpur Khas, Tehsil Nurpur, District Kangra, is owned and possessed by it and the order dated 10-1-1989 passed by the Settlement Officer. Kangra is illegal, null and void and not binding on it and for possession of the suit land by demolition of the structure standing on the suit land.3. The case of the plaintiff, as made out in the plaint. Is t...
inder Singh Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Nov-15-2001
Reported in: AIR2002HP23
ORDER1. This revision petition under Section 115 of the Code of Civil Procedure (hereafter referred to as 'the Code') is directed against the order dated 17-4-2001 passed by the learned Sub-Judge 1st Class (1). Paonta Sahib, whereby an application of the petitioner plaintiff (hereafter referred to as the petitioner) and pro forma respondents Nos. 2 and 3, plaintiffs (hereafter referred to as 'the plaintiffs') under Section 80(2) of the Code for grant of leave to sue the re-spondent-defendant/State (hereafter referred to as 'the defendant') without prior service of notice under Section 80 of the Code has been dismissed.2. The plaintiffs intended to institute a suit against the defendant for permanent prohibitory injunction restraining the defendant from demolishing the residential house of the plaintiffs or part thereof situate in Khasra No. 345/217/1 measuring 0-3 bighas situate in village Shubh Khera, Tehsil Paonta, District Sirmaur, on the strength of an order of ejectment passed by ...
Rajiv Gupta Vs. Kumari Dimple Gupta
Court: Himachal Pradesh
Decided on: Nov-15-2001
Reported in: 2002CriLJ493,II(2002)DMC1
ORDERR.L. Khurana, J.1. The present revision petition has been preferred by the petitioner Rajiv Gupta, under Section 397, Code of Criminal Procedure against the order dated 30.3.2001 by the learned Chief Judicial Magistrate, Kinnaur in Criminal Petition No. 93/4 of 1993 under Section 125, Code of Criminal Procedure, whereby maintenance at the rate of Rs. 500/- per month with effect from 10.9.1993 (the date of filing of the petition under Section 125, Code of Criminal Procedure), has been awarded in favour of respondent Km. Dimple Gupta. The parties are hereinafter referred to accordingly as petitioner and respondent.2. The sole question for determination in the present case is - whether the respondent is the illegitimate daughter of the petitioner and entitled to claim maintenance from him ?3. The respondent, a minor through her mother Smt. Narain Dassi claiming herself to be an illegitimate daughter of the petitioner filed a petition under Section 125, Code of Criminal Procedure, see...
Kokla Devi Vs. Chet Ram and anr.
Court: Himachal Pradesh
Decided on: Nov-13-2001
Reported in: I(2002)ACC650,2002ACJ650
Arun Kumar Goel, J.1. Kokla Devi, appellant, preferred petition under Section 163-A of the Motor Vehicles Act 1988 (hereinafter referred to as 'the Act'), for grant of compensation. This was claimed on account of death of her son Mohinder Singh Chauhan. This petition has been dismissed by the learned Tribunal below, hence this appeal by her.2. Facts on which parties were not at variance at the time of hearing of this appeal need to be briefly noted.3. Gypsy bearing registration No. HP 09-0929 was owned by Chet Ram, respondent No. 1. It met with an accident on 20.5.1997 when deceased was going to his native place from the place of his work. It was deceased who was driving it. At about 8 p.m. at Kainchi more near Koku Nala because of some mechanical defect it rolled down the road. This resulted in the death of Mohinder Singh Chauhan. In this background a claim petition was filed by the appellant on the plea that she, her daughter and a son were dependent on the deceased for their livelih...
Joginder Pal Dhiman Vs. Union of India (Uoi)
Court: Himachal Pradesh
Decided on: Nov-09-2001
Reported in: 2002CriLJ677
Lokeshwar Singh Panta, J.1. Both these appeals are directed against the conviction of Joginder Pal Dhiman, the accused-appellant recorded by the Special Judge on charge under Sections 420, 467 and 471 of the Indian Penal Code and Sections 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. In criminal case No. 1-S/7 of 1995, he was sentenced to six months rigorous imprisonment under Section 420, IPC and p ay fine of Rupees 2000/-. In default of payment of fine he shall suffer imprisonment for two months. For offence under Section 467, IPC he was sentenced to rigorous imprisonment for one year and fine of Rs. 2000/-. In default thereof he shall Undergo imprisonment for two months. For offence under Section 471, IPC he was sentenced to rigorous imprisonment for one year and pay fine of Rs. 2,000/-. In default of payment of fine he shall undergo further imprisonment for two months. The appellant was also sentenced to undergo rigorous imprisonment for two years unde...
Tata Iron and Steel Co. Vs. Him Ispat Ltd.
Court: Himachal Pradesh
Decided on: Nov-08-2001
Reported in: [2002]108CompCas537(HP)
Goel, J. 1. It is proposed to dispose of Company Petition No. 1 of 1998 and Company Petition No. 7 of 2001 by this common order. The facts of both these petitions are being briefly noted, which are as under :Company Petition No. 1 of 1998:2. The petitioner in this case has filed this petition under Sections 433, 434 and 439 of the Companies Act, 1956 ('the Act'), for the winding up of Him Ispat Limited, as according to it the respondent is unable to pay its debts despite having been put to notice under Section 434(1)(a). According to the petitioner it is a public limited company having its registered office at Mumbai. The respondent-company is also a limited company incorporated under the Act and its main object as contained in its memorandum of articles of association was as under :(a) To carry on the business of manufacturers, processors, refiners, smellers, makers, converters, finishers, importers, exporters, agents, merchants, buyers, sellers and dealers in all kinds and forms of s...
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