Himachal Pradesh Court August 2002 Judgments
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Latif Mohammad Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Aug-29-2002
Reported in: 2004CriLJ2750
M.R. Verma, J. 1. This appeal is directed against the judgment dated 10/13-11-2002 passed by the learned Sessions Judge, Chamba whereby the appellant/accused (hereafter referred to as 'the accused') has been convicted under Section 20 of the Narcotic Drugs and Psybhotropic Substances Act (hereafter referred to as 'the Act') and has been sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 1,00,000/-.2. Case of the prosecution against the accused is that on 22-11-1997 at about 8.30 a.m. when a police party, headed by Head Constable, Kartar Singh (P.W. 7) of Police Station, Dalhousie, was present at Toll Tax Barrier, Banikhet for traffic checking, bus bearing No. HP-19-1605 came there. It was stopped by the police party. When P.W. 7 started checking the bus, the accused alighted from the bus and tried to escape but was apprehended by the police party. On inquiries he disclosed his particulars. He was informed by P.W. 7 that he was suspected of being in possessio...
Ramesh Chand and Etc. Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Aug-29-2002
Reported in: 2004CriLJ2436
R.L. Khurana, J.1. The abovenoted three appeals arising out of the judgment dated 20/21-11-2000 20/21-11-2000 of the learned Additional Sessions Judge (II), Kangra at Dharamsala, in Sessions Case No. 31-N/7 of 1999 are being disposed of by this single judgment.2. The three appellants, Ramesh Chand, Rakesh Kumar and Shakti Singh, hereinafter referred to as the accused, stand convicted and sentenced by the learned Additional Sessions Judge, as under :--Offence for which convicted Sentence imposed302 read with Section 34, Imprisonment for lifeIndian Penal Code and fine of Rs. 5000/-each.307 read with Section 34, Rigorous imprisonmentIndian Penal Code for seven years and fineof Rs. 2000/- each. Indefault of payment offine imprisonment for afurther period of oneyear.3. The two substantive sentences of imprisonment were ordered to run concurrently. It was further directed that out of the amount of fine, if recovered, a sum of Rs. 15,000/- shall be paid to the parents of the deceased Surinder...
Bali Ram Vs. Mela Ram and anr.
Court: Himachal Pradesh
Decided on: Aug-28-2002
Reported in: AIR2003HP87
M.R. Verma, J. 1. This appeal under Section 100 of the Code of Civil Procedure has been preferred by the appellant/plaintiff (hereafter referred to as 'the plaintiff) against the Judgment and decree dated 24-6-1999 passed by the learned District Judge, Bilaspur whereby the judgment and decree dated 2-6-1992 passed by the learned Sub Judge, Ghumarwin dismissing the suit of the plaintiff, have been affirmed.2. Brief facts leading to the presentation of this appeal are that the plaintiff instituted a suit for permanent prohibitory injunction against the respondent/defendant (hereafter referred to as 'the defendant) restraining him from interfering In the suit land comprising Khewat/Khatauni Nos. 61 min/67 min, Khasra No. 151/1, measuring 1-3 Bighas, situate in village Matyal, Tehsil Ghumarwin, District Bilaspur. The case of the plaintiff as made out in the plaint is that he along with the pro forma respondent/defendant is owner in possession of the suit land having a residential house, co...
Baldev Singh Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Aug-22-2002
Reported in: 2004CriLJ1984
Kuldip Chand Sood, J. 1. Petitioner Baldev Singh prays for the grant of ball under Section 439 of the Code of Criminal Procedure.2. It appears, Baldev Singh along with Surjit Singh and Hardev Singh was arrested on 5th July, 2002 in case FIR No. 130/02 dated 5th July, 2002 registered with Police Station, Sarkaghat, District Mandi, for offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act and Sections 181, 184, 187 and 192 of the Motor Vehicles Act.3. The case of the Investigating Agency is :Head Constable Ghanshyam Singh as Traffic Incharge, was checking traffic on 5th July, 2002 near 'Kainchi Mour' at Sarkaghat. At about 2.30 pm, a Maruti Car No. PB-11H-0427 came from Mandi side. This car was signalled to stop. The petitioner who was driving the car at the relevant time did not stop and drove the car towards Sarkaghat, Head Constable Ghanshyam Singh chased this car in a Taxi. The car was ultimately overtaken and stopped, The car was occupied by Harde...
Hari Jai Singh and anr. Vs. Suresh Kumar Gupta
Court: Himachal Pradesh
Decided on: Aug-20-2002
Reported in: 2004CriLJ3768
ORDERM.R. Verma, J.1. This petition under Sections 397/401 read with Section 482 of the Criminal Procedure Code (here-after referred to as 'the Code') is directed against the order dated 31-8-2000 passed by the learned Additional Sessions Judge, Nahan whereby the order dated 1-5-1999 passed by the learned Additional Chief Judicial Magistrate, Court No. (I), Paonta Sahib dropping the proceeding in complaint under Section 500 of the Indian Penal Code instituted by the complainant/respondent (hereinafter referred to as 'the complainant') has been ordered to be dropped, has been set aside.2. Brief and relevant facts leading to the presentation of this petition are that the complainant filed a complaint under Section 500 of the Indian Penal Code against the accused/petitioners (hereinafter referred to as 'the accused) on the allegations that a news defaming the complainant was published in the Tribune Chandigarh on 31-5-1995 and the said newspaper is run by the accused. It was claimed that ...
Ram Lal Vs. Vijender Chandel and ors.
Court: Himachal Pradesh
Decided on: Aug-07-2002
Reported in: 2004CriLJ1945
ORDERM.R. Verma, J.1. This petition under Section 482 of the Code of Criminal Procedure (hereafter referred to as 'the Code') praying for quashing the order dated 11-4-2002 passed by the learned Chief Judicial Magistrate Bilaspur and the consequential proceedings in case No. 46-4 of 2000 has been preferred by the accused/petitioner (hereafter referred to as 'the petitioner').2. Brief facts leading to the presentation of this petition are that complainant/respondent No. 1 (hereafter referred to as 'R-1') filed a complaint against the petitioner and accused/pro forma-respondents Nos. 2 to 4 under Sections 303, 342, 355, 166 and 120-B of the Indian Penal Code on the allegations that he had filed a complaint under Section 107/150 of the Code against Sukhdev etc. in the Court of S.D.M., Ghumarwin who forwarded it for inquiry to Police Station, Bilaspur. R-1 accompanied by Gopal Dass and Ram Lal had gone to the Police Station on 11-6-2000 as he was required to attend the Police Station along...
Joginder Kumar Gautam and anr. Vs. State Bank of India and ors.
Court: Himachal Pradesh
Decided on: Aug-05-2002
Reported in: (2003)IILLJ401HP
Kamlesh Sharma, J. 1. The petitioners are presently working as cashiers with the State Bank of India, Sundernagar Branch, Sundernagar, District Mandi. In the present writ petition they have assailed the order dated November 18, 1992 (Annexure O) and prayed for the following reliefs: (a) That it may be held that the petitioners are permanent cashiers and they cannot be termed as temporary cashiers by and rule, or law or any contract and, as such, their services cannot be terminated. (b) That the notice contained in Annexure PO and the intended notice to petitioner No. 2 are wrong and illegal and against the provisions of Section 25-F of the Industrial Disputes Act. (c) That the respondents may be restrained from terminating the services of the petitioners. 2. It is stated in the writ petition that the petitioners were appointed as cashiers on March 26, 1971 and September 14, 1971 respectively with the respondent-Bank at Sundernagar branch as per the Rules and after holding the requisi...
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