Himachal Pradesh Court May 2002 Judgments

Ravi Tiku Vs. Himalyan Pipe Industries and anr.

Court: Himachal Pradesh

M.R. Verma, J.1. Since common questions of law and facts are involved in both these petitions praying for condonation of delay in filing the appeals, therefore, these are being disposed of by this common order. 2. Brief and undisputed facts leading to the filing of these applications are that the applicant was tried on two different complaints under Section 138 of the Negotiable Instruments Act by the learned Chief Judicial Magistrate, Solan and both the trials resulted in his conviction and sentence. He preferred two appeals both of which were dismissed by the learned Sessions Judge, Solan, on 24.9.2001 and 25.9.2001 subject to modification that the sentences of fine imposed in both the cases were slightly reduced. The applicant, however, did not seek any redressal against the convictions and sentences imposed on him Within the period of limitation. Hence, the present applications. 3. It is averred that the applicant, who wants to file appeals against the said convictions and sentence...

Ramesh Chand Vs. State of Himachal Pradesh

Court: Himachal Pradesh

Reported in: 2002CriLJ3949

M.R. Verma, J.1. This appeal has been preferred by the accused convict against his conviction and sentence under Section 302 of the Indian Penal Code. He is accused of pouring kerosine oil on the Smt. Bholi Devi and setting her ablaze on 17-5-1999 as a consequence whereof she died on 18-5-1999. The defence of the accused is that Sidhu alias Mohinder, husband of the deceased, is a notorious criminal and deals in the distillation and sale of illicit liquor and the police officials of Police Post, Nagrota Surian, where the report was lodged, are helping Sidhu in his work of illicit distillation whereas the accused had been objected to it. Therefore, he has been falsely implicated in the case.2. During the course of hearing of this appeal when the learned counsel for the appellant was reading statement of Head Constable Parma Nand (PW-15), who partially investigated the case, a doubt arose about the correct recording of the English version of his statement to the following effect:It is inc...

Mohammad Laddu Vs. State of Himachal Pradesh

Court: Himachal Pradesh

Reported in: 2003(1)ALT(Cri)5,2002CriLJ4178

Arun Kumar Goel, J. 1. Appellant after having been found guilty under Sections 366 and 376, I.P.C. was convicted and sentenced to undergo following imprisonment :-Sr. Offence. Sentence imposedNo. 1. Under Section 366, IPC Seven years simple imprisonment and fineof Rs. 20,000/-. In default of payment of fine the convict shall further undergo simple imprisonment of one year.2. Under Section 376, IPC Seven years simple imprisonment and fine of Rs. 20,000/-. In default of payment of fine theconvict shall further undergo simpleimprisonment of one year.2. He initially filed appeal through jail. He appeared in Court on 22-3- 2002 and made a prayer that he may be provided a defence counsel on Government/State expense. He made a prayer to engage Shri Anup Chitkara, Advocate to conduct his appeal. This prayer of the appellant was allowed and Shri Anup Chitkara was appointed as legal aid counsel.3. Brief facts giving rise to this appeal are that the appellant along with another accused Mohammad Z...

Gian Chand Khatana and ors. Vs. Inderjit Chohdha

Court: Himachal Pradesh

Reported in: AIR2003HP49

Kuldip Chand Sood, J.1. This appeal arises from the orders of remand made by learned Additional District Judge, Solan vide his judgment dated November 21, 2001.2. It appears, Inderjit Chohdha filed a suit against the defendants Gian Chand Khatana, Harish Khatana and Ramesh Khatana for Permanent Prohibitory Injunction seeking to restrain the defendants from interfering in the land of the plaintiff comprised in Khasra numbers 831/558, 834/ 565 and 562 situate in mauza Kather, Tehsil and District Solan and cutting of two khadak trees on the said land.3. The case of the plaintiff was that the suit land measuring 179 sq. mtrs. have two khadak trees standing on it. Plaintiff with an intention to develop the same for the construction of the house, wanted to cut these trees and for that purpose, he applied to the Municipal Committee, Solan. The permission was granted to cut these two trees on June 19. 1991. The plaintiff employed his labour to fell the trees but they were resisted by the defen...

Seema Trading Company Vs. Punjab National Bank and ors.

Court: Himachal Pradesh

Reported in: III(2004)BC563

Kuldip Chand Sood, J. 1. This revision petition arises out of the orders of the learned Senior Sub-Judge, Mandi, dated 16th January, 2002.2. It appears, petitioner judgment-debtor, Seema Trading Company, had taken certain advances from the decree holder Punjab National Bank. The loan amount was not paid to the Bank. A suit was filed by the Bank for the recovery of the amount due to the Bank. Judgment-debtor suffered a decree, dated 27th March, 1996, for Rs. 36,356/- along with interest pendente lite and future at the rate of 17.5% per annum with quarterly rests till the realisation of the decretal amount. The decretal amount was not paid by the judgment-debtor. The decree holder brought an execution petition before the Trial Court qua Rs. 1,09,448.90 paise, which included interest and costs as well as the costs of the execution. The judgment-debtor filed objections under Section 47 of the Code of Civil Procedure claiming that the house/building of the judgment-debtor, which was located...

Punjab and Sind Bank Vs. Himachal Lithographers and ors.

Court: Himachal Pradesh

Reported in: III(2003)BC521

R.L. Khurana, J.1. In execution of the decree dated 13.8.1984 passed in Civil Suit No. 37 of 1984, the house property of the applicant-judgment-debtor, Major Vikram Singh Anand, comprising House No. 2-A/1, Housing Board Colony, Jakhu, Shimla, was attached and sold in public auction pursuant to the order of the Court. The auction took place on 11.1.2000. The house property of the applicant-judgment-debtor was sold for Rs. 6,15,000/- in favour of one Amarjeet Singh, son of Scwa Singh resident of B-6, Strawberry Hills, Shimla (hereinafter referred to as the auction-purchaser). Such sale was confirmed by this Court on 7.3.2000.2. On 7.6.2000, the present application came to be filed by the applicant-judgment-debtor under Section 47 read with Order XXI Rule 85 and Order XXI Rule 90, Code of Civil Procedure for setting aside the sale of the house property in favour of the auction-purchaser. The sale dated 11.1.2000 is sought to be set aside on the following grounds:(a) Failure of the auction...

Mahajan Vs. State of Himachal Pradesh

Court: Himachal Pradesh

Reported in: 2003CriLJ1346

ORDERR.L. Khurana, J.1. The petitioner, hereafter referred to as the accused, upon having been tried for the offence under Section 61(1)(a) of the Punjab Excise Act, as applicable to the State of Himachal Pradesh, was convicted for such offence by the learned Additional Chief Judicial Magistrate, Sarkaghat, vide judgment dated 5-8-1997 and sentenced to rigorous imprisonment for six months and to fine of Rs. 2000/-. In default of payment of fine, the accused was sentenced to undergo simple imprisonment for a further period of two months.2. The conviction and sentence imposed upon the petitioner by the learned trial Court were affirmed in appeal by the learned Sessions Judge on 15-5-2000.3. Briefly stated, the prosecution story is this. Upon the receipt of a secret information that the accused was indulging in the illicit trade of liquor, a raid was conducted by P.W. 5 A.S.I. Ram Dayal on 9-9-1994 at the residential house of the accused in village Karnol. During the course of search, a c...