Himachal Pradesh Court December 2007 Judgments
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Hem Deep Sharma Vs. State of Himachal Pradesh and ors.
Court: Himachal Pradesh
Decided on: Dec-27-2007
Reported in: 2008(I)ShimLC334
V.K. Ahuja, J.1. This judgment shall dispose of the writ petition filed by the petitioner under Articles 226/227 of the Constitution of India praying therein for issuance of directions to the respondents to admit the petitioner for B.Ed. Course in any of the colleges affiliated to the respondents.2. It has been alleged by the petitioner that he did his matriculation in the year 1997 and graduation in the year 2005 obtaining 51.50% marks. The petitioner alleged that he could not appear in the entrance test conducted by the H.P. University for filling up the seats for B.Ed. Course. He alleged that he was eligible for applying to the B.Ed. course and he prayed that he should be given admission to the B.Ed. Course on the basis of marks obtained in graduation, waiving of the condition of 35% marks obtained in the entrance test since a number of seats are lying vacant and, therefore, the petitioner should be permitted to get admission on the basis of the marks obtained in the qualifying exam...
Pradeep Kumar Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Dec-27-2007
Reported in: 2008(I)ShimLC339
V.K. Ahuja, J.1. This is an appeal filed by the appellant against the judgment of the learned Single Judge of this Court dated November 12, 2007 vide which the writ petition filed by present respondent No. 5 Mohan Singh was allowed and the Excise and Taxation department was directed to make the allotment in his favour.2. Briefly stated, the facts of the case are that respondent No. 5 as petitioner filed a petition before this Court alleging that liquor vend for Unit No. 22 was allotted in pursuance of the recommendations of the Selection Committee and it was alleged that appellant (respondent No. 5 Pradeep Kumar before this Court) had obtained the liquor vend No. 22 fraudulently. It was alleged that the applications were invited by respondents No. 1 to 4 for allotment of liquor vends and the petitioner as well as respondent No. 5 applied for allotment of liquor vend. Respondents No. 1 to 4 on the basis of the applications received allotted Unit No. 22 in favour of respondent No. 5. The...
Durga Devi Vs. Baini Prasad
Court: Himachal Pradesh
Decided on: Dec-27-2007
Reported in: 2008(I)ShimLC414
Kuldip Singh, J.1. The plaintiff is in appeal against the judgment, decree dated 31.5.1996 passed by learned Additional District Judge, Kullu in Civil Appeal No. 9/92, modifying judgment, decreed dated 18.1.1992 passed by learned Senior Sub Judge, Kullu in Civil Suit No. 70 of 1988.2. The appellant filed a suit for possession of land measuring 11 biswansis comprised in Khasra No. 994/1-A/1 as per Tatima by demolition of structure raised thereon, in Phati Dhalpur Kothi Maharaja, Tehsil and District Kullu and for permanent prohibitory injunction restraining respondent from interfering on disputed land and other land owned by appellant.3. The further facts are that Kanwar Kuber Singh on 1.12.1971 vide registered sale deed Ext.P-1 sold land measuring 6 biswas comprised in Khasra No. 994/1-A to Moti Ram, Mani Ram and Atma Ram. On partition of this land, half portion of land measuring 3 biswas on the northern side fell in the share of Atma Ram and remaining half situated on the southern side...
Oriental Insurance Company Ltd. Vs. Mact-i and ors.
Court: Himachal Pradesh
Decided on: Dec-24-2007
Reported in: 2009ACJ2366,2008(1)ShimLC313
Sanjay Karol, J.1. The present writ petition has been filed, assailing the award dated 1.8.2003 passed by the Motor Accidents Claims Tribunal-I, Sirmaur District at Nahan, H.P. in MAC Petition No. 145-MAC/2 of 2001, titled as Puma Wati and Ors. v. Kirti Aggarwal and Anr.2. Brief facts giving rise to the filing of the present writ petition are as under:3. On 15.5.2001, Utility Jeep No. HP-18-7301 in which deceased Sanjiv Kumar was travelling met with an accident in which he received multiple injuries and died at the spot. He was survived by his mother, wife and four minor children.4. His legal heirs except his wife filed a claim petition being MAC Petition No. 145-MAC/2 of 2001 under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') in which his wife Smt. Kirti Aggarwal was added at a respondent being the owner of the said vehicle.5. The petitioner-Insurance Company resisted the claim on the ground that the deceased along with his wife Smt. Kirti Aggarwa...
State of Himachal Pradesh Vs. Dr. Sanjay Vikrant
Court: Himachal Pradesh
Decided on: Dec-20-2007
Reported in: 2008(1)ShimLC331
V.K. Gupta, C.J.1. The respondent is working as Assistant Professor in the Super Specialty Department of Nephrology in Indira Gandhi Medical College, Shimla. Vide Advertisement No. 01/2006 (FC), All India Institute of Medical Sciences, New Delhi (AIIMS for short) invited applications from eligible persons for some appointments, including the appointment on the post of Associate Professor of Nephrology. One of the conditions attached with the aforesaid Notification was that the employees of the Government or semi-Government Departments should route their applications through proper channel. This necessarily meant that the respondent being an employee of the Government of Himachal Pradesh, for being eligible to apply, had to route his application through the Government of Himachal Pradesh. In other words, he had to obtain a 'No Objection Certificate' (NOC for short) from the State Government enabling him to apply in AIIMS for the aforesaid post of Associate Professor.2. The respondent ap...
Narinder Singh Vs. the Financial Commissioner (Appeals) and ors.
Court: Himachal Pradesh
Decided on: Dec-17-2007
Reported in: 2008(1)ShimLC318
V.K. Ahuja, J.1. This is a petition filed by the petitioner under Articles 226/227 of the Constitution of India challenging the order passed by Financial Commissioner (Appeals) on 20.11.2007.2. Briefly stated the facts of the case are that the respondents Ram Swaroop etc. were tenants under the petitioner Narinder Singh in respect of land measuring 68-10 bighas in Village Nawan Graon. The petitioner had obtained an order for realization of arrears of rent from the competent authority against respondents No. 3 to 5 to the tune of Rs. 4178.90 inclusive of costs and in execution, the land belonging to respondents No. 3 to 5 was also auctioned which auction was also confirmed. The respondents challenged the said auction and the orders of confirmation. In a writ petition No. 224 of 1981 filed by the respondents against the petitioner and others, a compromise was effected in between the parties and the writ petition was disposed of by learned Single Judge of this Court on June 11, 1987. The ...
Onkar Singh Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Dec-13-2007
Reported in: 2008CriLJ1880
Kuldip Singh, J.1. This appeal has been directed against the judgment of conviction and sentence dated 24-3-2006 passed by learned Presiding Officer, Fast Track Court, Mandi in Sessions Trial No. 2/2003/28/ 2005 whereby appellant has been convicted under Sections 307, 326, 325 and 323, IPC. He has been sentenced to undergo rigorous imprisonment for various terms, in addition to fine, under Sections 307 and 325, IPC and for the reasons stated in the impugned judgment no separate sentence has been awarded to the accused under Sections 323, 326, IPC. Both the sentences have been ordered to run concurrently.2. The prosecution case in brief is that on 21-1-2002 P.W. 4 Puran Chand along with his wife P.W. 5 Smt. Leela Devi and sister Kala Devi at about 1.30 p.m. was cutting bushes on the path situated near his house. The accused came there and pelted stones on P.W. 4, one of the stone struck Puran Chand on his back. The accused thereafter inflicted an axe blow upon the head of P.W. 4 and his...
Rajeev JaIn Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Dec-11-2007
Reported in: 2008(1)ShimLC327
V.K. Gupta, C.J.1. A very unique and peculiar method, but totally unknown to law, was adopted by the learned trial Magistrate which led to the summoning by him of the petitioner as an accused in a case pending before his Court under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954.2. Respondent had filed the aforesaid complaint in the Court of the learned Additional Chief Judicial Magistrate, Kasauli alleging therein that 40X5 Kg. bags of Fortified Whole Wheat Atta was adulterated. According to the averments contained in the complaint, the complainant inspected the premises of M/s Parkash Agencies, Parwanoo on 23rd August, 2003 and purchased a specified quantity of the aforesaid wheat Atta and made samples thereof. M/s Parkash Agencies being a retail seller of the wheat Atta accordingly was impleaded as accused No. 1 in the complaint through its Manager, namely, Shri Pawan Kumar. In para (2) of the complaint, there is a specific averment that accused No. 1 disclosed...
Amar Singh and ors. Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Dec-07-2007
Reported in: 2008ACJ1377,2008(1)ShimLC323
V.K. Ahuja, J.1. This judgment shall dispose of an appeal filed under Section 100 C.P.C. by the appellants against the judgment and decree of the Court of learned District Judge, Shimla, dismissing the appeal filed by the appellants.2. Briefly stated the facts of the case are that the appellants as plaintiffs filed a suit for recovery of Rupees One Lac damages as against the respondents hereinafter referred to as the defendants. The allegations made by the plaintiffs were that their mother Sushila Devi aged about 60 years, fell ill in the early hours of 22.8.1981 and she was removed to Snowdon Hospital at 4.15 A.M. and she was given first aid by the Doctor there. However, the allegations were made that E.C.G. could not be done till 3.00 P.M. and for some period no Doctor attended the mother of the plaintiffs. E.C.G. was done subsequently and the patient was admitted in the hospital and in the evening their mother complained of chest pain and the emergency Doctor contacted the specialis...
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