Himachal Pradesh Court March 2003 Judgments
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Mangat Ram Vs. Chura Dutt and anr.
Court: Himachal Pradesh
Decided on: Mar-28-2003
Reported in: AIR2003HP143
ORDERR.L. Khurana, J.1. The petitioner is the defendant in Civil Suit No. 126/1 of 1994. He is aggrieved by the order dated 13-6-2000 of the learned District Judge, Kinnaur at Rampur, whereby the respondents/plaintiffs were permitted under Order 23, Rule 1 (3), Code of Civil Procedure, to withdraw their suit with liberty to bring a fresh suit on the same cause of action. 2. The facts of the case leading to the present petition, briefly, may be thus stated. The plaintiffs are owners of the land comprising of Khata/Khatauni No. 11/42 and Khasra No. 386 in Kasba Bazar Rampur Bushahr while the defendant is the owner and in possession of the adjoining land comprising of khasra No. 384. Alleging encroachment by the defendant over an area measuring 2 mtrs. in width and 11.40 mtrs. in length out of their land comprising of khasra No. 386, the plaintiffs filed a suit, being Civil Suit No. 126/1 of 1994 before the learned Sub Judge 1st Class, Rampur, on 25-8-1994 for perpetual and mandatory inju...
Nirmala Devi Vs. Himachal Road Transport Corporation and anr.
Court: Himachal Pradesh
Decided on: Mar-27-2003
Reported in: 2003ACJ1325
Arun Kumar Goel, J.1. Appellant is aggrieved with the quantum of compensation awarded by the Motor Accidents Claims Tribunal-I, Sirmour District, at Nahan, H.P. in M.A.C. Petition No. 17-N/ 2 of 1994. By means of impugned award, a sum of Rs. 64,000 has been awarded to her against the respondent Nos. 1 and 2. Since this amount included loss of future income to her, as such it was ordered only a sum of Rs. 29,440 shall carry interest at the rate of 12 per cent per annum w.e.f. the date of filing of the claim petition, i.e., 12.7.1994 till its realisation.2. With a view to appreciate the contentions urged on behalf of the parties in this case, facts of the case need to be briefly referred to. These are that appellant while boarding bus bearing registration No. HP 18-3534 at Nahan on 20.1.1994 met with an accident resulting in her sustaining injuries to her pelvis. Though the factum of accident was denied by all the respondents and even by the respondent No. 3 when he appeared as RW 1 bein...
H.P. State Forest Corporation Ltd. Vs. J.J. Ropeways and Company
Court: Himachal Pradesh
Decided on: Mar-25-2003
Reported in: II(2004)BC578
Kuldip Chand Sood, J.1. Plaintiff, Himachal Pradesh State Forest Corporation Limited, hereinafter referred to as 'the Corporation' is a company, registered under the Companies Act, 1956 at Shimla Mr. G.C. Gupta is the Managing Director of the Corporation and is duly authorised to maintain the present suit. The plaintiff-Corporation has sued the defendant M/s. J.J. Ropeways, hereinafter referred to as 'the Company' for recovery of Rs. 15,26,431.2. The case of the plaintiff-Corporation is:Defendant-Company, being the successful tenderer, was awarded work of Telescopic and Wet slide floating work of timber in Deori Khad vide an agreement dated 20.2.1991 (Ex. PW-1/A). The work included launching, collecting and stacking of the timber floated at road side depot of the Corporation. The defendant-Company was handed over 28195 scants of different sides of timber with total volume of 2599.444 cubic metres for the purpose of floating the timber through Deori Khad. A launching list was also given...
Sharif Mohammed Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Mar-21-2003
Reported in: 2003CriLJ2911
ORDERM.R. Verma, J.1. Since both these petitions arise out of a common order and raises same questions of law and facts, therefore, are being disposed of by this common order.2. Brief facts leading to the presentation of these petitions are as follows. Admittedly, Bus No. HP 32-3786 was owned by the petitioner. He entered into an agreement with respondent No. 2 (in Cr. M.M.O. No. 1 of 2003, hereafter referred to as 'respondent No. 2') on 9-7-2002 agreeing to sell the Bus to respondent No. 2 for a consideration of Rs. 7,25,000/-. On execution of the said agreement, the Bus was handed over by the petitioner to respondent No. 2 and out of the agreed sale consideration a sum of rupees two lacs was received by the petitioner on the same day. Regarding the remainder, suitable conditions were made in the agreement. One of the conditions in the agreement was that in the event of default in payment of the sale consideration as agreed to by respondent No. 2, the petitioner would be entitled to t...
Co-operative Forest Societies Union of District Kangra Vs. State of H. ...
Court: Himachal Pradesh
Decided on: Mar-20-2003
Reported in: AIR2003HP137
ORDERR.L. Khurana, J. 1. The plaintiff, Co-operative Forest Societies Union of District Kangra, has filed the present suit claiming the following reliefs :-- (a) rendition of accounts with respect to the income accruing to the defendants from the forest produce of the forests under the management of all Co-operative Forest Societies (Pro forma defendants No. 5 to 40) from the date of nonpayment of share till date; and (b) recovery of money to the extent of one fourth share in the total income accruing to the defendants from the forest produce of the forests under the management of the Kangra Forests Co-operative Societies from the date of its non-payment till date along with interest at the rate of 18% per annum. 2. The suit has been filed by the plaintiff acting for and on behalf of its member Cooperative Societies, namely pro forma defendants No. 5 to 40. According to the plaintiff as per the scheme under which forests were handed over to various Co-operative Societies for protectio...
Banwari Lal Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Mar-14-2003
Reported in: 2004CriLJ1067
R.L. Khurana, J. 1. The abovenoted two appeals arising out of judgment dated 2-2-2001 in Sessions Trial No. 9-P/97 of the learned Additional Sessions Judge (I), Kangra at Dharamsala, are being disposed of by a single judgment.2. Appellant, Banwari Lal in Criminal Appeal No. 72/2001, hereinafter referred to as A-1, stands convicted for the offences under Sections 302 and 201, Indian Penal Code, and sentenced to life imprisonment and fine of Rs. 5000/- for the offence under Section 302. Indian Penal Code, simple imprisonment for one year and fine of Rs. 1000/- for the offence under Section 201, Indian Penal Code. In default of payment of fine, he has been sentenced to undergo simple imprisonment for a further period of six months and three months respectively, in respect of each of the two offences.3. Respondent No. 1, Rajinder Kumar, in Criminal Appeal No. 378/2001, hereinafter referred to as A-2, was tried for the offence under Sections 302 and 201, Indian Penal Code. He stands acquitt...
State of H.P. Vs. Om Parkash and ors.
Court: Himachal Pradesh
Decided on: Mar-14-2003
Reported in: 2003CriLJ2502
Kuldip Chand Sood, J.1. This appeal against acquittal is directed against the judgment of learned Judicial Magistrate 1st Class, Court No. 2, Amb, dated February 27, 1998.2. It appears the case of prosecution was :A cultural programme named 'Sidh Chano-ka Akhara' was organised in village Totar, in Tehsil Amb of District Una in the late evening of January 30, 1996. Nasib Chand complainant (PW. 1) was asked by the organizers to collect donations from the audience for the society, which had organized this programme. Om Parkash (A1), Narinder Kumar (A2) and Rajesh Kumar (A3), respondents herein, were present in the ground as spectators. When Nasib Chand was collecting donations. Om Parkash showed him a one-rupee note indicating that he would donate it for the Society. Complainant went to Om Parkash to take the money. Om Parkash asked him to announce name of four persons for one rupee currency note. Complainant refused to comply. Thereafter, three persons caught hold of him from his arms an...
Chaudhary Ram Vs. State of H.P. and anr.
Court: Himachal Pradesh
Decided on: Mar-14-2003
Reported in: 2003CriLJ2856
ORDERM.R. Verma, J.1. This petition under Article 227 of the Constitution of India read with' Section 482 of the Code of Criminal Procedure (hereafter referred to as 'the Code') has been preferred by the petitioner for quashing the order dated 30-10-2002 passed by the learned Sessions Judge, Mandi, whereby the petitioner's appeal against the order dated 20-5-2000 passed by the Authorised Officer, has been dismissed.2. Brief facts leading to the presentation of this petition are that on 30-3-1999 at about 3.45 p.m., a police party headed by ASI Neel Chand of Police Station, Aut, tried to stop truck No. HP 332372 at Soja. However, the truck was not stopped. The police party chased the truck which was finally found parked on the National Highway near Aut. There were 148 deodar sleepers in the truck which did not bear any hammer mark. The truck along with the timber therein was taken to Range Officer at Panarsa where the timber was unloaded and the truck was then taken to Police Station, M...
Soma Devi Vs. GuIn Devi and ors.
Court: Himachal Pradesh
Decided on: Mar-13-2003
Reported in: AIR2003HP158
ORDERM.R. Verma, J.1. This revision petition under Section 115 of the Code of Civil Procedure (hereafter referred to as 'the Code') is directed against the order dated 31-8-2001 passed by the learned sub Judge, Anni whereby an application of the petitioner/defendant (hereafter referred to as 'the defendant') under Order 11 Rule 12. Order 18 Rules 17. 17A of the Code and Section 73 of the Indian Evidence Act in Civil Suit No. 32 of 2000 has been dismissed.2. Brief facts leading to the presentation of this revision petition are that the respondents/plaintiffs (hereafter referred to as 'the plaintiffs') have instituted a suit for declaration that the Will dated 31-12-1997 executed by late Paras Ram in their favour is legal and valid and they are entitled to inherit the estate of the said deceased and the order of the Sub Registrar. Anni rejecting the Will is illegal and without jurisdiction and the defendant has no right to succeed to the estate of the deceased. The suit was contested by ...
A.K. Kachroo Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Mar-13-2003
Reported in: 2003CriLJ3510
ORDERKuldip Chand Sood, J.1. This petition arises out of the orders made by the learned Sessions Judge, Solan, on 27-12-2002 whereby the order of discharge of the accused, including the petitioner, recorded by the learned Additional Chief Judicial Magistrate, Kandaghat dated 11-10-2001 was set aside.2. In order to appreciate the controversy, few facts may be noticed :3. It appears, in the year 1985, a report under Section 173 of the Code of Criminal Procedure was filed before the learned Chief Judicial Magistrate, Solan, against six persons, for offences punishable under Sections 406 and 420 of the Indian Penal Code. In that report the petitioner, Dr. Kachroo, was not named as an accused.4. The Government of Himachal Pradesh, formulated a Scheme, under which loan and subsidy for the purchase of cattle including Mule and Buffaloes etc. was extended to poor people. The Scheme was implemented through District Ruler Development Agency. (DRDA for short) with the cooperation of the scheduled...
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