Himachal Pradesh Court December 2005 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.
Lal Singh Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Dec-20-2005
Reported in: 2006(3)ShimLC244
Abhilasha Kumari, J.1. This appeal is directed against the judgment of the learned Sessions Judge, Kullu (Special Judge), dated 3.3.2003.2. Briefly stated, the case of the prosecution is that the accused Lal Singh has been charge-sheeted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter referred to as 'the NDPS Act', on the allegations that on 26.3.2002 at 10 a.m. he was found in conscious and exclusive possession of 12.500 kg. of 'Charas' at Dohlu Nalah.3. The prosecution story, which emerges from the record, is that on 26.3.2002, a police party headed by HC Lal Singh (PW-12), consisting of Sarwan Kumar, HC Parkash Chand (PW-10), constable Om Prakash (PW-11), constable Mohinder Pal, Dina Nath and Gian Chand, volunteers of Himachal Home Guard, was present at Dohlu Nalah at 10 a.m. when they spotted the accused coming along the side of the river from the direction of the Tibetan Colony towards Kullu with a bag on his shoulder. On becoming suspicious...
Punit Kaur Vs. Prem Singh
Court: Himachal Pradesh
Decided on: Dec-19-2005
Reported in: AIR2006HP65
ORDERV.K. Gupta, C.J.1. This is a petition under Article 227 of the Constitution of India challenging the legality, correctness and validity of an order passed on 30th august, 2003 by the Presiding Judge (Lok Adalat), Bilaspur, in HMA Petition No. 14 of 2003. By the impugned order the learned Court below has, by dissolving the marriage between the petitioner and the respondent, passed a decree of divorce based on consent in terms of Section 13-B of the Hindu Marriage Act, 1955.2. Parties were married in 1989. After May, 1998 the parties had not been carrying on well with each other. Whereas the petitioner Punit Kaur at one point of Lime had filed a petition for divorce against the respondent, the respondent Prem Singh had filed a separate case against the petitioner for restitution of conjugal rights. Subsequently both the aforesaid parties withdrew both the aforesaid cases and they, together on 4th January, 2003 filed a joint petition for dissolution of marriage by a decree of divorce...
Naresh Kumar Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Dec-19-2005
Reported in: 2006CriLJ1985
Abhilasha Kumari, J.1. This criminal appeal is directed against the judgment dated 27th July, 2002 passed by the learned Sessions Judge, Solan whereby Naresh Kumar - appellant (hereinafter referred to as the accused') has been convicted under Section 376 of the Indian Code. The learned Sessions Judge, Solan has sentenced the accused to undergo rigorous imprisonment for ten years and pay a fine of Rs. 20,000/- and in default of payment of fine to further undergo rigorous imprisonment for one year.2. Briefly stated, the facts of the case, as emerging from the record, are that on 14th May, 2001 one Anupama, the prosecutrix, who was 15 years of age and studying in the 8th class in Government High School Pwab, had gone to the 'Ghasni' (grass land) to graze cattle and collect wood for fuel. When she returned home at about 12 noon with the cattle she found that four of the cattle heads had not reached the house and therefore, she again returned back to the 'Ghasni' to locate the missing cattl...
Gopal Singh Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Dec-19-2005
Reported in: 2006CriLJ2743
Abhilasha Kumari, J.1. In this appeal, the appellant (hereinafter referred to as 'the accused') has assailed the judgment of the learned Additional Sessions Judge, Una, dated 31-3-2003. The Additional Sessions Judge, Una, has charged and convicted the accused for offences under Section 302 of the Indian Penal Code and Section 27 of the Indian Arms Act and has sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000/-under Section 302 of the Indian Penal Code and in default of payment of fine, the accused has been ordered to suffer rigorous imprisonment for three years. The accused has been further sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 7,000/- for the offence punishable under Section 27(1) of the Arms Act and in default of payment of fine to undergo rigorous imprisonment for a further period of one year. The sentences, so imposed, shall run concurrently. It has also been ordered that out of the fine amount, if r...
Lal Chand Ram Krishan Vs. Rajesh Thakur
Court: Himachal Pradesh
Decided on: Dec-16-2005
Reported in: AIR2006HP61
ORDERV.M. Jain, J.1. This petition under Article 227 of the Constitution of India has been filed by the defendant -petitioner, challenging the order dated 3-12-2005 passed by the trial Court, dismissing the application of the defendant petitioner filed under Order 18, Rule 17 read with Section 151 CPC, for permission to produce a document and to prove the same.2. The facts, which are relevant for the decision of the present petition are that the plaintiff had filed a suit for recovery of Rs. 1,08,904/- along with future interest etc. against the defendant. The said suit was contested by the defendant by filing written statement. Various issues were framed. The plaintiff produced evidence in support of his case. Thereafter, the case was fixed for defendant's evidence. When the case was still at the stage of defendant's evidence, an application dated 3-6-2005 under Order 18, Rule 17 read with Section 151 CPC was filed on behalf of the defendant for permission to place on the record bilty...
Gulam Ahmed Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Dec-15-2005
Reported in: 2006CriLJ2361
ORDERK.C. Sood, J.1. Appellant Gulam Ahmed, hereinafter referred to as 'the accused', was tried and convicted for an offence punishable under Section 376 read with Section 511 of the Indian Penal Code for an attempted rape of a minor girl of eleven years, hereinafter referred to as 'the victim'. The accused was sentenced to suffer rigorous imprisonment for five years and to pay a fine of rupees 10,000/-. In case of default in the payment of fine, the accused in directed to undergo imprisonment for six months.2. Dissatisfied by his conviction, the accused is in this appeal.3. The prosecution case appears to be:The victim, a student of class five and eleven years of age at the relevant time, is daughter of Sant Ram who is blind. The accused along with some Kashmiri labours was employed by Leela Devi, mother of the victim, for felling and sawing 'safeda' trees. In the fore-noon of March 18, 2001, the mother of the victim sent the victim to feed goat in the nearby cow shed. Accused approac...
ChaIn Singh Verma Vs. Smt. Kavita
Court: Himachal Pradesh
Decided on: Dec-15-2005
Reported in: 2006(3)ShimLC206
Deepak Gupta, J.1. This appeal under Section 28 of the Hindu Marriage Act is directed against the judgment and decree passed by the learned District Judge, Solan in Hindu Marriage Petition No. 15-S/3 of 97, decided on 25.10.1999 whereby the petition filed by the husband for annulment of marriage has been dismissed.2. The brief facts necessary for decision of the appeal are that the parties were married on 22nd April, 1996 at Kandaghat. It is an admitted fact that prior to this marriage the wife Kavita was married to one Nand Lal and that a daughter was born out of her wedlock with Nand Lal. The ground for annulment of marriage taken by the husband was that he had been wrongly informed by the wife and her father that the wife had been validly and legally divorced from her earlier husband Nand Lal. According to the husband in fact no such divorce had taken place. His case, therefore, is that since the wife already had a living spouse from whom she had not obtained any divorce the marriag...
New India Assurance Company Ltd. Vs. Nand Lal and anr.
Court: Himachal Pradesh
Decided on: Dec-15-2005
Reported in: II(2006)ACC466,2006(3)ShimLC218
Deepak Gupta, J.1. This appeal under Section 30 of the Workmen's Compensation Act has been filed against the order passed by the Commissioner under the Workmen's Compensation Act, Arki, in case No. 2 of 2000 decided on 7.1.2003.2. The brief facts of the case are that the claimant filed a petition under the Workmen's Compensation Act for the grant of compensation. This petition was filed on 1.7.2000. In the petition it was alleged that on 13.3.1993 when the claimant Nand Lal was employed as Cleaner in truck No. HIS-1978 belonging to respondent Kundan Sen Thakur he met with an accident which resulted in an injury to his log. According to the claimant he suffered disablement to the extent of 60%. He stated that his income was Rs. 2,000/- per month and apart from this he used to receive Rs. 50/- as daily allowance. The truck in question was insured with the appellant-Insurance Company. The claim petition was contested by all the respondents. The Insurance Company had taken up the plea that...
New India Assurance Co. Vs. Smt. Kanta Devi and ors.
Court: Himachal Pradesh
Decided on: Dec-13-2005
Reported in: 2006(1)ShimLC113
Surjit Singh, J.1. The present appeal by New India Assurance Company is directed against the award of Motor Accident Claims Tribunal, whereby it (the appellant) has been ordered to pay the entire amount of compensation, awarded in favour of the claimant Kanta Devi, rejecting its plea that the man, who was driving the vehicle at the time of accident, namely respondent No. 3 Suresh Kumar, did not possess a valid and effective driving licence.2. Respondent Kanta Devi (hereinafter called claimant) filed a petition under Section 166 of the Motor Vehicles Act, seeking award of compensation for the death of her son. The owner and the driver of the vehicle were impleaded as respondents. Besides the appellant, in its capacity as insurer, was also impleaded. The appellant/insurer took the plea that the driver did not possess a valid and effective driving licence and hence, there was breach of condition of policy as to the person authorized to drive the vehicle and hence, it was not liable to pay...
Kr. Vijay Singh Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Dec-09-2005
Reported in: 2006(1)ShimLC115
V.K. Jhanji, J.1. This shall dispose of application under Section 151 CPC for recalling of order dated November 7, 2005 passed in CWP 886 of 2003.2. At the outset, we may say that not only the application for recalling order dated November 7, 2005 in CWP 886 of 2003, is an abuse of the process of the Court, but CWP 886 of 2003 too was an abuse of the process of the Court. CWP 886 of 2003 was heard by Division Bench of which I was one of the Members on November 7, 2005. Learned Counsel for the petitioner argued for nearly an hour and after hearing the other Counsel, and on meticulously going through the record of the writ petition, the Bench was of the considered view that the writ petition is nothing but an abuse of the process of the Court and when we were about to dismiss the same with costs of Rs. 40,000/-, learned Counsel for the petitioner Shri Rajiv Sharma, Senior Advocate, in order to save the petitioner from heavy costs, made a statement to withdraw the writ petition. In the li...
- ‹ Prev
- 1
- 3
- Next ›
- Last »