Himachal Pradesh Court October 2002 Judgments
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Sarwan Dass Vs. Salam Jeet and ors.
Court: Himachal Pradesh
Decided on: Oct-28-2002
Reported in: AIR2003HP126
M.R. Verma, J. 1. This second appeal arises out of the judgment and decree dated 9-8-1994 passed by the learned District Judge (Forests), Shimla in Civil Appeal No. 81/S/13 of 1992/89 whereby the judgment and decree dated 29-12-1988 passed by the learned Sub-Judge, Rohru in CS No. 132-1 of 1985 has been affirmed.2. The facts leading to the presentation of this appeal are that the appellant/plaintiff (hereafter referred to as 'the plaintiff) instituted the suit against Uchhi (since deceased) and represented by his LRs -- respondents Nos. 2, 3 and 4 and respondent/defendants Nos. 5 and 6 and one Bhag Singh earlier respondent No. 7 in the appeal and whose name has since been deleted (hereafter referred to as 'the defendants') for permanent prohibitory injunction restraining the defendants from interfering in any manner with the possession of the plaintiff over the land measuring 11-18 bighas comprising Khasra Nos. 14 and 26, Khata Khatauni No. 148 min/224, situate in Chuck Dali, Tehsil Ch...
Life Insurance Corporation of India Limited and anr. Vs. Smt. Kiran Ba ...
Court: Himachal Pradesh
Decided on: Oct-25-2002
Reported in: 2003ACJ865,AIR2002HP164
Kamlesh Sharma, J.1. Appellants are the defendants whereas the respondent is the plaintiff and they will be referred to as such in this judgment. The defendants are aggrieved by the decree and judgment dated 19-11-1993 passed by the District Judge, Shimla, whereby their appeal was dismissed and the decree and judgment dated 2-5-1991 of the Senior Sub-Judge, Shimla was affirmed. The Senior Sub-Judge had decreed the suit of the plaintiff with costs for declaration that the repudiation of the claims of the plaintiff with respect to policies Exts. PA and PB conveyed to her vide letters Exts. PC and PD is an act of arbitrariness and is null and void and the letters Exts. PC and PD were of no consequence as against the rights of the plaintiff. The suit was further decreed to the effect that the defendants shall pay an amount of Rs. 40,000/- to the plaintiff under policies Exts. PA and PB along with interest at the rate of 12% per annum from 1-7-1983 till the date of payment on filing of cour...
inder Singh and Etc. Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Oct-24-2002
Reported in: 2003CriLJ1482
R.L. Khurana, J.1. The abovenoted three appeals arising out of the judgment dated 2-12-2000 of the learned Additional Sessions Judge, Shimla, in Sessions Trial No. 16-S/7 of 1996 are being disposed of together by this single judgment.2. Each of the three appellants, hereinafter referred to as the accused, stands convicted for the offences under Section 452, 307 and 302 read with Section 14, Indian Penal Code and sentenced as under :--S. Offence SentenceNo.1. 452/34, I.P.C. Rigorous imprisonment for two years and fine of Rs. 2000/-. In defaultof payment of fine, simpleimprisonment for three months.2. 307/34, I.P.C. Rigorous imprisonment for seven years and fine of Rs. 5000/-. In default of payment of fine, simple imprisonment for six months.3. 302/34, I.P.C. Rigorous imprisonment for life and fine of Rs.5000/-. In default ofpayment of fine, simple imprisonment for six months.3. Briefly, the prosecution story may be thus stated. Accused Mansha Ram is the son of PW 10 Ganga Ram, while acc...
United Commercial Bank Vs. Mani Ram and ors.
Court: Himachal Pradesh
Decided on: Oct-23-2002
Reported in: AIR2003HP63
M.R. Verma, J. 1. This applicationunder Order 21, Rules 84/85 read with Sections 148/151 of the Code of Civil Procedure (hereafter referred to as 'the Code') has been filed by the applicant-auction purchaser (hereafter referred to as 'the auction purchaser') for extension of time to deposit the auction money and not to direct resale of the property already auctioned in his favour and not to forfeit the amount already deposited by him. 2. Brief facts leading to the presentation of this application are that in execution of a decree pursuant to the warrant of sale dated 22-6-2002, the landed property of JD No. 1 was put to auction in which the auction purchaser was the highest bidder in the sum of Rs. 1,25,000/-. Immediately after the auction, he deposited a sum of Rs. 33,000/- of the auction money on the spot. However, he failed to deposit the remaining auction money within 15 days of the date of auction. Hence this application. 3. It has been averred in the application that the auction ...
Sanjeev Chandel Vs. State of H.P. and anr.
Court: Himachal Pradesh
Decided on: Oct-10-2002
Reported in: 2003CriLJ935
ORDERM.R. Verma, J. 1. This application under Section 438 of the Code of Criminal Procedure has been moved by the petitioner for grant of transitory anticipatory bail to him to enable him to surrender before the concerned Court at Srinagar for seeking appropriate legal redressal.2. Brief facts leading to the presentation of this application are that the petitioner is a permanent resident of District Shimla, Himachal Pradesh and is posted at Gund, District Anantnag, Srinagar, in Indo-Tibetan Border Police. Case FIR No. 101/2002 under Sections 363, 366 and 342 of the Ranbir Penal Code, has been registered against the petitioner at Police Station, Kangan, Srinagar on the allegations that the accused has kidnapped one Zamila. Petitioner claims that he has been falsely implicated in the said case. Presently, he is on leave and is residing at Theog within the jurisdiction of this Court and is apprehending his arrest.3. I have heard the learned counsel for the petitioner and the learned Assis...
Smt. Nathan and anr. Vs. Nokhu Ram
Court: Himachal Pradesh
Decided on: Oct-08-2002
Reported in: AIR2004HP20
Arun Kumar Goel, J.1. This appeal was admitted on 12-10-1998 on the following substantial questions of law :1. Whether the plaintiff/respondent can compel the vendor/appellant No. 2 to perform his part of the contract after the expiry of the date of the alleged agreement i.e. 25-2-1989?2. What is the legal effect of the writing dated 26-12-1990?3. If, the time is the essence of the contract whether plaintiff/respondent has performed his part of contract, if not, its effect?4. Whether the plaintiff/respondent has proved his continuous readiness and willingness to perform his part of contract in the evidence and upto the date of decreeing the suit, if not its effect?5. What is the effect of material contradictions in the pleadings and evidence?6. Whether appellant No. 2 is a bona fide purchaser after the expiry of the date of alleged agreement i.e. 25-2-1989?7. Whether the suit of the plaintiff was filed within time?8. Whether the alleged agreements or writings are genuine or not?2. Appe...
Vijay Kumar Sethi Vs. Kanwar Bhupinder Singh
Court: Himachal Pradesh
Decided on: Oct-07-2002
Reported in: II(2003)BC321,2003CriLJ2124
M.R. Verma, J. 1. This revision petition is directed against the judgment dated 16.8.1999 passed by the learned Sessions Judge, Shimla in Criminal Appeal No. 6-S/10 of 1996/93 whereby the said appeal against the judgment dated 16.3. i998 passed by the learned Judicial Magistrate (3), Shimla convicting and sentencing the accused/petitioner (hereinafter referred to as 'the accused') under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act') has been dismissed. 2. Brief facts leading to the presentation of this petition are that the respondent/ complainant (hereinafter referred to as 'the complainant') filed complaint against the accused under Section 138 of the Act on the allegations that the accused issued acheque Ext. P-l dated 28.10.1993 for Rs. 8,600/- in favour of the complainant for valuable consideration. The cheque was drawn on Indian Bank Shimla Branch. The cheque was handed over by the complainant through the Punjab National Bank Shimla Branch wi...
Punjab National Bank Vs. NaraIn Dass and ors.
Court: Himachal Pradesh
Decided on: Oct-03-2002
Reported in: AIR2003HP69,III(2003)BC549
Kuldip Chand Sood, J.1. This first appeal arises out of the judgment and decree of learned District Judge, Hamirpur dated January 10, 1997 whereby the suit of the appellant Bank, plaintiff before the District Judge, was partly decreed against the respondent-defendant.2. The facts in brief.3. Plaintiff Bank is a Body Corporate established under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 with its head office at New Delhi. Plaintiff Bank has a Branch at Jahu in Tehsil Bhoranj of District Hamirpur of Himachal Pradesh. Vinod Kumar Chadha, was the Branch Manager of the Jahu Branch of the Plaintiff Bank when the suit was filed. He holds general power of attorney on behalf of the Plaintiff Bank and was authorised to maintain the present suit.4. On August 18, 1987, Bhagat Ram, defendant, who died during the pendency of the suit and was substituted by his legal representatives as defendants 1 (a) to l(c) and respondents No. 1 to 3 in this appeal, approached the Pl...
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