Himachal Pradesh Court June 2002 Judgments
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Chanana Steel Tubes Pvt. Ltd. Vs. H.P.S.i.D.C. and ors.
Court: Himachal Pradesh
Decided on: Jun-20-2002
Reported in: AIR2003HP36
Arun Kumar Goel, J. 1. This petition has been filed for the grant of following reliefs :--i) To set aside and quash the notice/Letter No. PAC-126-VII-8851, dated 6-1-1999 issued by the respondent No. 1 as contained as Annexure P-38 supra, whereby the offer of Rs. 65.00 lacs made by the respondent No. 4 has been intimated to be acceptable to the respondent No. 1;ii) To set aside and quash the orders of sale, dated 15-9-2001 as contained at Annexures P-62 and P-63 supra passed by the respondent No. 1;iii) To set aside and quash the notice/ order No. HPSIDC/PAC-126/6119, dated 23-11-2001 as contained at Annexure P-64 supra passed by the respondent No. 1;iv) To direct the respondents to hand over the possession of the Unit along with the land/buildings, plants, machinery, assets, stores, stocks lying therein etc. etc. in accordance with law to the petitioner company;v) To direct the respondent Nos. 1 to 3 to reschedule the repayment of the loan and to rehabilitate the petitioner-company, i...
Fredrick George Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Jun-20-2002
Reported in: 2002CriLJ4600
M.R. Verma, J.1. This appeal is directed against the judgment dated 28-8-2000 passed by the learned Special Judge, Kullu, whereby the appellant-accused (hereafter referred to as 'the accused') has been convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter referred to as 'the Act') and has been sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. l.00,000/- and in default of payment of fine to suffer further imprisonment for two years.2. Case of the prosecution against the accused is that on 16-9-1999 at about 11 a.m. when a police party consisting of ASI Kamla (P.W. 13), LHC Narpat (P.W. 10) and lady Constable Pinki was checking vehicles outside Octroi Post Ramsheela, Kullu, car bearing No. UP-07-B-1722 driven by the accused came there from Manali side and was stopped by the police party. The accused, who was the sole occupant of the car, was asked to produce the documents of the car but failed to do so. On enquiri...
Smt. Prem Sharma and ors. Vs. Nishi Sharma
Court: Himachal Pradesh
Decided on: Jun-07-2002
Reported in: AIR2003HP45
ORDERKuldip Chand Sood, J.1. Dissatisfied with the judgment and decree of the learned Senior Sub-Judge. Lahaul and Spiti District at Kullu dated April 25, 1998, passed under Section 6 of the Specific Relief Act, the defendants are in revision under Section 115 of the Code of Civil Procedure.2. Facts necessary for the disposal of this petition may be put in narrow compass :Nishi Sharrna, respondent herein, filed a suit for possession of the house subject-matter of dispute which is located in Raghunathpur in the town of Kullu on thebasis of her prior possession under Section 6 of the Specific Relief Act, hereinafter referred to as 'the Act'. The case of the plaintiff was that she was in exclusive possession of this house till April 22, 1995 on which date, the defendants, after forming an unlawful assembly, with an object to oust her from the house, trespassed into the house at about 2.30 a.m., gave beatings to her and her children and ousted them from this house. A report was lodged with...
Ashok Madan Vs. Director Town and Country Planning Deptt.
Court: Himachal Pradesh
Decided on: Jun-07-2002
Reported in: 2002CriLJ4447
ORDERLokeshwar Singh Patna, J.1. This petition under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India has been filed by petitioner-Ashok Madan seeking to quash complaint No. 49-3/94 filed against him by Director Town and Country Planning Department-respondent herein pending in the Court of Judicial Magistrate Ist Class (II), Shimla for commission of offences under Sections 38 and 39 of Himachal Pradesh Town and Country Planning Act, 1977 (Act No. 12 of 1977).2. The Act No. 12 of 1977 was enforced by the State Government in the area which comprised Shimla Planning Area from appointed day i.e. November 30th, 1977. The existing land use of Shimla Planning Area was prepared, published and frozen under Sections 15 and 16 of Act No. 12 of 1977 on 29-12-1977 and 14-3-1978 respectively. The Interim Development Plan for Shimla Planning Area was prepared under Section 17 of the Act which was published in the Himachal Pradesh Rajpatra on 31-3-1979. ...
Omkar Sharma and Etc. Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Jun-06-2002
Reported in: 2003CriLJ1024
Arun Kumar Goel, J.1. It is proposed to dispose of these three writ petitions by this judgment as common questions of law and fact are involved in all these petitions.2. Facts as they emerge out of the pleadings of the parties are, that on the basis of the investigation in FIR No. 1 of 1989 of Police Station, Anti Corruption Zone, Solan, another FIR No. 16 of 90 was registered on 21-11-1990 at Police Station, Anti Corruption Zone, Shimla, Copy of this FIR is attached as Annexure P1 with the writ petition.3. During the course of proceedings in Criminal Writ Petition No. 11/92, when the matter came up before this Court on 13-4-1993 regarding investigation of FIR No. 16/ 90, what was stated on behalf of the Respondent-State was as under :'Shri M.S. Guleria, learned Deputy Advocate General has placed before us letter No. VIG(ENF) F-6(3)-51/92, dated April 8, 1993 from the Commissioner-cum-Secretary (Home and Vigilance) to the Government of Himachal Pradesh. In this communication, it has be...
Khushi Ram and ors. Vs. Smt. Findhi and ors.
Court: Himachal Pradesh
Decided on: Jun-05-2002
Reported in: AIR2003HP23
R.L. Khurana, J.1. The present second appeal has been directed by the defendants against the concurrent findings of the two Courts below decreeing the suit of the respondents-plaintiffs for possession of the land in dispute (measuring 0-11-53 Hects. comprising of khasra No. 296/1 of Chak Badiara, Tehsil Chirgoan, District Shimla) by way of redemption of mortgage on payment of Rs. 3000/-.2. The plaintiff filed a suit, being Civil Suit No. 150/1 of 1989 before the learned Sub-Judge 1st Class. Rohru, claiming the following reliefs :(a) decree for possession of the land in dispute by way of redemption. (b) decree for declaration that sale deed dated 20-1-1989 registered in the office of Sub Registrar. Chirgoan executed by plaintiff No. 2 Bhagat Ram (since died) in favour of defendant No. 2 Smt. Dakhu is null and void being the result of fraud and mis-representation; and (c) decree for permanent injunction for restraining the defendants from alienating/ transferring etc. and getting the mu...
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