Himachal Pradesh Court January 2007 Judgments

Sham Singh Vs. Smt. Rano Devi

Court: Himachal Pradesh

Reported in: 2007(1)ShimLC218

Surinder Singh, J.1. This second appeal has been directed by the defendant, feeling aggrieved and dis-satisfied by the judgment and decree of reversal, passed by the Additional District Judge, in Civil Appeal No. 28N of 1998 decided on 14.1.2000. The parties hereinafter in this judgment shall be referred to as the plaintiff and defendant.2. The appeal was admitted on 31.3.2000, for hearing, on the following substantial questions of law:1. Whether statement of witnesses that Special reference to DW-2, DW-3, DW-4 and PW-1, PW-2 have been misread and misappreciated by learned first appellate Court below, thereby vitiating the impugned judgment and decree?2. Whether exhibit D-l, D-3 and DX have been misread and misappreciated by the learned first appellate Court below thereby vitiating the impugned judgment and decree?3. In brief facts are that Smt. Rano Devi plaintiff is admittedly the daughter's daughter of deceased Ram Singh, whose will is in dispute. After the death of Ram Singh, plain...

Vinod Kumar and anr. Vs. State of H.P.

Court: Himachal Pradesh

Reported in: 2007(1)ShimLC365

Dev Darshan Sud, J.1. Both the appellants were charged with and tried for offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter referred to as the 'Act') for conscious and exclusive possession of 'Charas', weighing 8 Kgs. and 400 grams, which was recovered from their possession and stand convicted and sentenced by the trial Court.2. The prosecution case in brief is that, on 9.10.2001 around 4.30 p.m. telephonic information was received in the Police Station, Sadar, Mandi from the Police Post at Pandoh that a Maruti car bearing registration No. HP-01-0366, which was proceeding towards Mandi, did not stop on being signalled and sped away which aroused the suspicion of the police party. Sub-Inspector Om Parkash (PW-14), who at the relevant time was posted at the Police Station, Sadar, Mandi, alongwith other officials namely ASI Rajinder Kumar, HC Ghamanda Ram, HHC Udai Chand, Constable Raj Kumar (PW-13) and Jwala Ram (PW-9), associating Shri Pu...

State of H.P. and anr. Vs. East India Hotels Limited

Court: Himachal Pradesh

Reported in: 2007(1)ShimLC381

Surinder Singh, J.1. This is an appeal under Section 54 of the Land Acquisition Act filed by the appellants against the award passed by District Judge, Shimla in Land Reference No. 7-S/4 of 1981 dated January 3, 1996. The respondent Company has also filed the cross-objection No. 344 of 1997 with respect to its inadequacy. This judgment will dispose of the present appeal as well as the cross-objections.2. Briefly stated, the facts of the case are that the land of the respondent was acquired by the State of Himachal Pradesh for re-widening of Kalka Shimla Road (N.H.) at Km. 146-147 on the Cart Road Chaura Maidan, Shimla, vide notification dated 2-4-1976 issued under Section 4 of the Land Acquisition Act by the Land Acquisition Collector, after completing the codel formalities, awarded the compensation to the respondent at the rate of rupees 21/- per sq. yard for the land. Rupees 2,705/'- as cost of twenty non-fruit bearing trees, Rs. 6651.15, solatium @ 15%. In total, rupees 41,636/- wer...

Nidhia Ram Vs. State of H.P.

Court: Himachal Pradesh

Reported in: 2007CriLJ2598,2007(1)ShimLC201

Surjit Singh, J.1. Appellant Nidhia Ram, has been convicted of offences under Sections 302 and 201, IPC for allegedly having murdered one Amin Chand on the night of 9.2.2001 and also having caused disappearance of evidence of the offence of murder. He has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,000/-, in default of the payment of fine, to undergo simple imprisonment for a further period of three months for the offence, under Section 302 IPC; and as regards offence, under Section 201 IPC, he has been sentenced to undergo simple imprisonment for three months.2. The prosecution version may be summed up thus. On 9.2.2001, the deceased Amin Chand left his house in village Halundei, Pargana Jund, saying that he was going to Village Dhari to see his daughter Rattani and also his sister Sumitra, who were married in that village. He was supposed to have returned the same evening, but did not return. Next day, his dead-body was found at a place called ...

Raj Kumar Alias Raju Vs. State of H.P.

Court: Himachal Pradesh

Reported in: 2007CriLJ1916

V.K. Ahuja, J.1. This is an appeal filed by the appellant against the judgment of the Court of learned Sessions Judge, Kullu dated 5-4-2006, vide which the appellant was held guilty under Sections 376 and 452, 1. P. C. and was convicted and sentenced as under:2. The appellant was convicted under Sections 452 and 376,1. P. C. and sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs. 5,000/- for the commission of offence under Section 376, I. P. C. In default of payment of fine, the appellant was ordered to suffer imprisonment for one year. The appellant was further sentenced to rigorous imprisonment for two years and to pay fine of Rs. 1,000/- for the commission of offence under Section 452,1. P. C. In default of payment of fine, the convict was ordered to imprisonment for one month. The sentences awarded were ordered to run concurrently.3. Briefly stated the facts of the case are that on 29-4-2005 at about 8.15 a.m., a telephonic message was rece...

Anil Kumar Vs. State of H.P.

Court: Himachal Pradesh

Reported in: 2007(1)ShimLC349

Surjit Singh, J.1. Through this common judgment, two appeals one filed by Satish Kumar, who has been convicted of offence, under Section 302 IPC and another by Anil alias Neelu, who has been convicted of offence under Section 307 IPC, are being disposed of, because the appellants, in both the appeals, have been convicted and sentenced for the aforesaid offences at one trial by the same judgment.2. Facts relevant for the disposal of the appeals may be noticed. The two appellants alongwith one Ashwani, were sent up for trial for offences, punishable under Sections 302 and 307 read with 34 IPC, for allegedly committing the murder of one Gunny Mohammad and making murderous assault on one Rashid Mohammad. Prosecution version was as follows. PW 1 Suresh Kumar was employed as driver with M/s. Jagan Nath & Sons of Ghumarwin. On 21.10.2001, around 8 p.m. when he was returning to his house in village Takehra, after finishing his job for the day, Ashwani Kumar accused (who has been acquitted) met...

Satish Kumar Vs. State of H.P.

Court: Himachal Pradesh

Reported in: 2007CriLJ2244

Surjit Singh, J.1. Through this common judgment, two appeals one filed by Satish Kumar, who has been convicted of offence, under Section 302, I.P.C. and another by Anil alias Neelu, who has been convicted of offence under Section 307, I.P.C. are being disposed of, because the appellants, in both the appeals, have been convicted and sentenced for the aforesaid offences at one trial by the same judgment.2. Facts relevant for the disposal of the appeals may be noticed. The two appellants along with one Ashwani, were sent up for trial for offences, punishable under Sections 302 and 307 read with Section 34, I.P.C. for allegedly committing the murder of one Gunny Mohammad and making murderous assault on one Rashid Mohammad. Prosecution version was as follows. P.W. 1 Suresh Kumar was employed as driver with M/s. Jagan Nath and Sons of Ghumarwin.On 21-10-2001, around 8 p.m. when he was returning to his house in village Takehra, after finishing his job for the day, Ashwani Kumar accused (who h...

Naresh Kumar Sharma Vs. State of H.P. and anr.

Court: Himachal Pradesh

V.K. Ahuja, J.1. This judgment shall dispose of the objections filed by the petitioner under Section 34 of the Arbitration and Conciliation Act, 1996 for setting aside the Award dated 25.2.2006 made by the Arbitrator-cum-Superintending Engineer, Arbitration, HP, PWD, Solan. 2. Briefly stated the facts of the case are that the parties had entered into an agreement under which the petitioner/objector had agreed to execute the work of 'Extension of Hockey and Football ground in Multi purpose ground at Luhnu Bilaspur (H.P.)'. It was alleged by the petitioner that the work was duly executed by him to the satisfaction of the respondents and it was completed in December, 2000. However, the payments were not made and as dispute had arisen relating to the amounts claimed for the work done and the damages sustained, the petitioner involved the arbitration agreement and sought reference of the dispute to the arbitration. However, the Chief Engineer failed to appoint an Arbitrator and a request wa...

Santosh Kumar and ors. Vs. Union of India (Uoi) and ors.

Court: Himachal Pradesh

Reported in: 2007(1)ShimLC334,2009(2)SLJ65(HP)

Deepak Gupta, J.1. This judgment shall dispose of a bunch of writ petitions. All the petitioners are ex-servicemen or kin of ex-servicemen and claimed disability pension as per Pension Regulations for the Army. Their claims have been rejected by the respondents on the ground that the cases of the petitioners do not fall within the purview of the Pension Regulations. To appreciate the rival contentions of the parties, it would be necessary to refer to certain provisions of the Pension Regulations for the Army.2. Regulation 173 deals with the grant of disability pension which reads as follows:173. Unless otherwise specifically provided, a disability pension may be granted to an individual who is invalided from service on account of a disability which is attributable to or aggravated by military service and is assessed at 20 per cent or over.The question whether a disability is attributable to or aggravated by military service shall be determined under the rules in Appendix II.3. Regulati...

State of Himachal Pradesh and ors. Vs. Ram Singh

Court: Himachal Pradesh

Reported in: 2007(1)ShimLC224

ORDERIn pursuance of Sub-rule (1) 5 of the Central Civil Services (Temporary Services) Rules, 1965, I hereby give notice to Sh. Ram Singh, Volunteer Teacher, Government Primary School Chawai, (Block Deha) Tehsil Theog, District Shimla that his services shall stand terminated with effect from the date of expiry of a period of one month from the date on which this notice is served on him.Sd/-Distt. Primary Education Officer Shimla, District Shimla-171002Endst. No. even Dated: Shimla-2 the Sept. 1999Copy forwarded to:1. The Director of Primary Education, H.P. Shimla-1 w.r.t this letter No. EDN- H(Pry)(II)6/98 (Comp) dated 9.9.99 for information.2. The Block Primary Education Officer, Deha, with the direction that the salary of Sh. Ram Singh, V.T. up to date of service rendered by the said teacher may be released and paid to him accordingly.3. Sh. Ram Singh, V T GPD Chowai, through Block Primary Education Officer, Deha.4. Guard file.Sd/-Distt. Primary Education Officer, Shimla, District Sh...