Himachal Pradesh Court January 2003 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Raj Pal Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Jan-10-2003
Reported in: 2004CriLJ695
ORDERM.R. Verma, J.1. This appeal is directed against the judgment dated 1-8-2002 passed by the learned Sessions Judge, Kullu whereby the appellant/accused (hereafter referred to as 'the accused') has been convicted under Section 20 of the NDPS Act (hereinafter referred to as 'the Act') and has been sentenced to rigorous imprisonment for three years and to pay a fine of Rs. 10,000/- and in default of payment of fine to suffer further imprisonment for two months.2. Prosecution case against the accused in brief is that on 19-1-2002 A.S.I. Gian Chand of Police Station, Banjar (P.W. 6) along with HHC Sham Singh (P.W. 5), Constable Sunil Kumar (P.W. 4) and HC Sunil Kumar had laid Naka at a place near Bihali. At about 7.30 a.m. they saw the accused coming from Sainj side. On inquiries, the accused revealed his name and address. Getting suspicious that accused might be in possession of 'Charas'. P.W. 5 gave option to the accused as to whether he would like to be searched in the presence of a ...
State of H.P. Vs. Surinder Mohan and ors.
Court: Himachal Pradesh
Decided on: Jan-10-2003
Reported in: 2003CriLJ4223
R.L. Khurana, J.1. The four respond ents, Surinder Mohan, Biru Ram, Shashi Pal and Amar Singh, hereinafter referred to as A1, A2, A3 and A4, respectively, were tried for the offences punishable under Sections 302 and 380 read with Section 34, Indian Penal Code, in Sessions case No. 8 of 1988 by the learned Additional Sessions Judge (1), Kangra at Dharmshala. Vide order dated 8-5-1990 all the four respondents were ac quitted. 2. By virtue of the present appeal, the State has assailed the acquittal of the four respondents as recorded by the learned Additional Sessions Judge. The appeal was dismissed on 2-1-1998 by a Division Bench of this Court solely on the ground that the Chief Judicial Magistrate had failed to comply with the mandatory directions contained in Clause (a) of Sub-section (4) Section 306, Code of Criminal Procedure inasmuch as no statement of the approver was recorded by him during the committal proceeding which vitiated the committal of the respondents to the Court of Se...
Dr. Manohar Pal Sharma Vs. Union of India (Uoi) and ors.
Court: Himachal Pradesh
Decided on: Jan-10-2003
Reported in: AIR2003HP168
Kamlesh Sharma, Actg. C.J. 1. The petitioner is a registered practitioner of Indian System of Medicine in Himachal Pradesh under the H. P, Board of Ayurveda and Unani Systems of Medicine, Shimla. He has filed the present writ petition to seek the following reliefs :'(1) That the impugned Notice of Election dated 6-2-2002 (Annexure-P-1) for electing one member of Ayurveda as member ofCentral Council oil Indian Medicine (CCIM)may kindly be qu,ashed and set aside, andthe respondents may be directed to updateand re-notify the Voter List (Electoral Roll)in accordance with the provisions of the Indian Medicine Central Council Act, 1970 andIndian Medicine Central Council (Election)Rules, 1975.(ii) That the impugned Electoral Rolls (Annexures-P-2 and P-3) may also be quashed being incorrect and not updated and the respondents Nos. 3 and 4 may be directed to issue revised version of the Electoral Roll after updating the same.(iii) That the medical practitioners of Indian System of Medicine regi...
State of Himachal Pradesh Vs. Dev Prakash and anr.
Court: Himachal Pradesh
Decided on: Jan-10-2003
Reported in: 2003CriLJ2882
Arun Kumar Goel, J.1. Respondents were challenged and tried for having committed offences under Section 381 read with Section 34 of the Indian Penal Code. Dev Prakash respondent No. 1 is working as helper in the District Treasury Office, Shimla. Both the respondents in furtherance of their common intention committed theft of stamp papers/ articles kept in the strong room under double lock of the District Treasury Office, Shimla.2. As per prosecution case, P.W. 11 Devinder Kumar Gupta while working as District Treasury Officer, Shimla on 14-7-1993 found that 30 stamp papers of the value of Rs. 500/- each were missing. Total value of these stamp papers was Rs. 15,000/-. Verification was done by him when he rejoined his duty after having availed earned leave. It was during the course of yearly physical verification that not only the aforesaid stamps were found missing, but articles entered at item Nos. 1/3 and 3/34, respectively were also found missing. There is evidence on record to sugg...
Amrish Rana Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Jan-09-2003
Reported in: 2003CriLJ2991
ORDERKuldip Chand Sood, J.1. How course of justice could be derailed, if not thwarted, by an undertrial prisoner with the help or connivance of Jail Officials/Doctors is the focal point, which stares at us calling for immediate remedial measures.2. It all started with an innocuous bail application filed by Amrish Rana, an under trial prisoner, lodged in sub Jail, Una. The applicant along with others was arrested in a case regisered with Police Station, Una, in terms of FIR No. 489/99, dated 10th September, 1999 for offences punishable under Sections 302, 307, 147, 148, 149, 341, 323, 324, 506, 212, 109, 201 read with Section 120-B of the Indian Penal Code and Section 25 of the Arms Act. In this case the accused were alleged to have killed three persons and injured some other. The accused could only be arrested on 26th September, 1999. Accused-applicant Amrish Rana allegedly killed one Rajiv Kumar by thrusting a sword in his stomach through and through.3. Petitioner Amrish Rana filed an...
Sushil Mittal and anr. Vs. R.D. Bhardwaj and anr.
Court: Himachal Pradesh
Decided on: Jan-08-2003
Reported in: AIR2003HP170
Kuldip Chand Sood, J.1. These two appeals arise out of a common order of learned District Judge, Solan dated October 12, 2001 in Application No. 355-A/6 of 2000.2. In order to appreciate the controversy, necessary facts may be noticed.It appears plaintiff-R.D. Bhardwaj laid a suit before the learned Sub-Judge 1st Class, Arki, for permanent prohibitory injunction with the allegations that he was a permanent resident of village Sehal in Pargana Sandhurt, Tehsil Arki, District Solan. He owned Truck No. HP-12-2009, HP-11-2209 and HP-11 -4009. It was the case of the plaintiff that these trucks were deployed for lifting clinker from the factory of Gujarat Ambuja Cement Ltd., at Darlaghat (GACL, for short) sine April, 1997. The defendants-Sloan District Truck Operators Co-operative Society Ltd., Darlaghat and Arki Tehsil Truck Operators Union, Darlaghat, used to provide clinker for transportation, on turn basis, to the plaintiff. The plaintiff had regularly been lifting the clinker on his tur...
Shankar Dass Sharma Vs. Municipal Corporation and ors.
Court: Himachal Pradesh
Decided on: Jan-07-2003
Reported in: AIR2003HP139
ORDER1.Present writ petition has been filed for the grant of following reliefs :--'(i) That the respondents Nos. 1 to 3 may be directed to produce the entire record which led to the sanctioning of independent water connection in favour of respondent No. 4. (ii) That the action of respondents Nos. 1 to 3 in granting the independent water connection to respondent No. 4 may be held to be illegal and void and against the provisions of the H. P. Municipal Corporation Act, 1994 and consequently, the respondents Nos. 1 to 3 may be directed to disconnect such water connection forthwith. (iii) that the respondents may be burdened with the costs of this petition.' 2. Admitted facts of this case are that the petitioner is the landlord of a building, known as Chanaur Bhawan, Chhotta Shimla. This is a three storeyed building. Part of it is occupied by the petitioner and his son and rest is occupied by the tenants. Respondent No. 4 is a tenant in the first floor for the last 7-8 years.3. Electricity...
Indian Bank Vs. Deepak Verma and ors.
Court: Himachal Pradesh
Decided on: Jan-03-2003
Reported in: AIR2003HP131
ORDERR.L. Khurana, J.1.This order will dispose of the above noted objection petition preferred by Lekh Raj son of Babu Ram Sharma, hereinafter referred to as the objector, under Order 21, Rules 97, 98, 99 and 101, Code of Civil Procedure.2. Briefly, the facts of the case giving rise to the present objection petition, may be thus stated. In Civil Suit No. 75 of 1979 (Indian Bank v. Bhagwan Dass Verma) a decree for a sum of Rs. 80,773.72 paise with cost was passed on 9-1-1981 in favour of against the plaintiff Bank and against the two defendants, namely, Bhagwan Dates Verma and his mother Smt. Shanti Devi, being the principal debtor and guarantor respectively. Since the two judgment debtors failed to pay the decretal amount. The decree-holder Bank took out execution petition No. 10 of 1982. In such proceedings, the immovable property of the judgment debtors located in Lakkar Bazar, Shimla was attached and sold by public auction 15-12-1983. It was purchased by S/Shri K.D. Sud and Karam Ch...
Anant Ram Negi Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Jan-03-2003
Reported in: AIR2004HP1
ORDERM.R. Verma, J.1. This suit has been instituted by the plaintiff for recovery of Rs. 14,64,111/- on account of damages along with interest @ 18% per annum with effect from 1-8-1997 till the realisation of the suit amount.2. Case of the plaintiff, in brief, is that in the year 1980, he purchased Deodar, Kail, Rai and Fir trees of different classes from Mania, Jhuiyan, Dhaju etc. of village Tali. Such trees were standing on land Khasra Nos. 8/1 to 8/9, situate in Chak Dabur. within Forest Range, Deha, Teh. Theog, Distt. Shimla. The trees were so purchased for the purpose of sale in accordance with law, after converting them into timber. The plaintiff got the aforesaid land demarcated from the competent revenue officials in the presence of the officials of Forest Department and thereafter the trees were marked by the Forest Officials as per the permission accorded by the Divisional Forest Officer, Shimla. The trees so purchased were felled by the plaintiff and were converted into timb...
Anant Ram Negi Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Jan-01-2003
Reported in: AIR2003HP114
M.R. Verma, J.1. This suit has been instituted by the plaintiff for recovery of Rs. 36,98,406/- on account of damages with future interest at the rate of 18% per annum with effect from 1-8-1997 till the date of realisation of the amount.2. The case of the plaintiff as made out in the plaint is that he purchased 477 trees of Deodar and Kail standing on land Khasra numbers 28, 37, 38, 39, 40, 42, 44, 45, 46, 47, 48, 66, 67 and 68, situate in Chak Jangal Koti, Forest Range Deha, Tehsil Kotkhai, District Shimla from the land owners, namely, Khampa, Chantu, Shama, Tulsu (Moti), Rafiq, Pania, Hira, Dhania, Kalia and Jogi Ram etc. The aforesaid land was got demarcated from the competent Revenue officials in the presence of Forest Officials including Assistant Conservator of Forest, Shimla, Subsequent to the demarcation, 477 trees in question were marked by the Forest Officials after due permission having been granted by the Divisional Forest Officer, Shimla. Thereafter, the plaintiff felled t...
- ‹ Prev
- Next ›