Himachal Pradesh Court May 2007 Judgments
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Yussuf Khan Vs. State of H.P.
Court: Himachal Pradesh
Decided on: May-15-2007
Reported in: 2007(2)ShimLC436
Surjit Singh, J.1. Heard and gone through the record.Appellant was sent up for trial for an offence under Section 376 read with Section 511 of the Indian Penal Code, for making an attempt to commit rape on a girl aged around 14-1/2 years. The alleged incident had taken place on 13.1.2002, when the prosecutrix had gone to the fields to pick 'saag' (tender leaves and shoots of mustard plants which are cooked as a vegetable dish), where the appellant allegedly pulled her shawl as a result of which the 'saag' got scattered. Then he asked the prosecutrix to gather the scattered 'saag' and carry the same to her house. When the prosecutrix started gathering the scattered 'saag', the appellant allegedly caught her by her arms from behind and started pulling her towards the nullah and took her to some distance and there he removed her Salwar and also unzipped his pants. The prosecutrix then gave a push to the appellant as a result of which he fell down. Taking advantage of this situation, the p...
Dharam Pal and Vidya Sagar Vs. State of H.P.
Court: Himachal Pradesh
Decided on: May-15-2007
Reported in: 2007(2)ShimLC19
Surjit Singh, J.1. These two appeals arise out of a common judgment of the learned Additional Sessions Judge (Fast Track Court), Shimla whereby the appellants (in both the appeals) have been convicted of an offence under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, hereinafter referred to as Act, and sentenced to undergo rigorous imprisonment for ten years and to pay fine of rupees one lakh each; in default of payment of fine to undergo simple imprisonment for a further period of two years each. So both the appeals are being disposed of together.2. Prosecution case, as unfolded by the evidence adduced during the course of trial, may be summed up thus. On the night intervening 29th/30th October, 2002, around 12.15 a.m. when Khazana Ram (PW-9), Inspector (CID), Shimla was present at Boileauganj Chowk alongwith Inspector Ram Lai, HC Sanjeev Kumar, HC Ashok Kumar (PW-1) and Constable Mohinder Singh (PW-4), someone informed him that a Maruti Van bearing registration No. H...
Asia Resorts Ltd. Vs. the Principal Secretary (Labour) and ors.
Court: Himachal Pradesh
Decided on: May-15-2007
Reported in: 2007(2)ShimLC330
Rajiv Sharma, J.1. This petition has been filed against the award dated 27.4.2004. announced by the Presiding Judge, H.P. Labour Court, Shimla in reference No. 171 of 2000.2. The State Government had made the following reference for adjudication to the Labour Court:Whether the resignation obtained from Shri Ram Lal Chauhan by the management of M/s. Asia Resorts Ltd., Timber Trail Resort, Parwanoo, District Solan, H.P. under influence and withholding the full settlement of his claim, as alleged, is legal and justified. If not to what relief of service benefits and amount of compensation/full settlement of his claim, Shri Ram Lal Chauhan is entitled?3. In sequel to reference No. 171 of 2000, respondent No. 3-workman has filed claim petition (Annexure P-10), The petitioner-management has filed written statement (Annexure P-11). The respondent No. 3-workman had appeared as PW-1 and Shri Dinesh Pant and Shri Rajeev Kapil had appeared as RW-1 and RW-2 respectively on behalf of the Management...
Amar Bahadur Vs. State of H.P.
Court: Himachal Pradesh
Decided on: May-15-2007
Reported in: 2008CriLJ92
V.K. Ahuja, J.1. This is an appeal filed by the appellant against the judgment of the Court of learned Sessions Judge, Mandi dated 7-6-2006 vide which the appellant was held guilt under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereafter referred to as the 'Act', and was sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 20,000/-. In default of payment of fine, the appellant was to further undergo simple imprisonment for a period of three months.2. Briefly stated, the facts of the case are that on 23-10-2004 at about 3.30 a.m. ASI Ram Lal along with HC Balwant Singh P.W. 2, P.W. 6 Roshan Lal Constable and other police officials was present at Pandoh Dam in connection with traffic checking. Bus bearing No. HP-65 0317 came from Kullu side which was stopped by the police party and the documents of the vehicle were checked by ASI Ram Lal. Thereafter ASI Ram Lal started checking of the passengers and the driver of the...
Naresh Kumar Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: May-15-2007
Reported in: 2007(2)ShimLC340
V.K. Ahuja, J.1. This is an appeal filed by the appellant against the judgment of the Court of learned Additional Sessions Judge, Fast Track Court, Shimla, dated 30th August, 2006, vide which the appellant was held guilty under Sections 342 and 376 I.P.C. and was sentenced as under:(i) 376 IPC Imprisonment for 7 years and fine of Rs. 1,000/-. Indefault of payment of fine, to suffer imprisonment for3 months.(ii) 342 IPC Imprisonment for 6 months.2. Briefly stated the facts of the case are that a report was lodged with the police on 12.5.2004 at about 12.10 p.m. by one X (name not mentioned) that she is living with her parents near Sankat Mochan and her father is serving at Shimla. The prosecutrix alleged she was a student of 10th class studying at Lakkar Bazar, Shimla and on the night intervening 28/ 29.4.2004, she had gone to the marriage of sister of her friend where one boy met her about whom she learnt that he was bua's son of her friend. The said boy named Naresh took her phone num...
Smt. Pathani Vs. General Public and anr.
Court: Himachal Pradesh
Decided on: May-14-2007
Reported in: 2007(2)ShimLC113
Kuldip Singh, J.1. The applicant Smt. Pathani is in appeal against the order dated 16.8.2001 passed by learned Senior Sub-Judge (Civil Judge, Senior Division), Chamba, District Chamba in Succession Act No. 1/96, dismissing the application of applicant under Section 372 of Indian Succession Act, 1925 (for short Act) for grant of Succession Certificate in respect of the securities, pension, gratuity etc. of deceased Baldev.2. The facts in brief as emerge from the application filed by applicant for grant of Succession Certificate are that Baldev resident of village Idei died on 11-10-1994 while he was serving in Power Grid Corporation of India as a Security guard. He left behind applicant widow as sole legal heir to succeed him under Hindu Succession Act. The applicant is legally wedded wife of deceased. On these grounds she prayed for grant of Succession Certificate with respect to the pension securities, gratuity and other dues of deceased Baldev left by him at the time of his death.3. ...
Bhakra Beas Management Board Vs. Bansi Ram and anr.
Court: Himachal Pradesh
Decided on: May-14-2007
Reported in: 2007(2)ShimLC353
Rajiv Sharma, J.1. By way of this petition, the following reliefs have been sought for:(a) That the Reference Award dated 9-8-2002 (Annexure P-4) passed by learned District Judge Bilaspur alongwith Award (Annexure P-l) passed by Respondent No. 2 under Section 11 of the Land Acquisition Act, 1894, dated 28.10.1998 concerning the land measuring 0-19 bighas, in Khasra No. 139/1 in village Jeor, Sub Tehsil Shri Naina Devi Ji (Swarghat), District Bilaspur, H.P. be quashed and set aside.(b) That if for any reason prayer made in para-(a) supra is not found permissible by the Hon'ble Court, Reference Award (Annexure P-4) and Award (Annexure P-l) may suitably be modified by reducing the market value of the land for not more than Rs. 2,000/- per bigha irrespective of its classification.(c) That records of the case may also be called for.(d) That costs of the writ petition be also awarded in favour of the petitioner.(e) Any other writ, order or direction deemed just and appropriate in the facts a...
H.P. State Forest Corporation and anr. Vs. Kusal Singh and ors.
Court: Himachal Pradesh
Decided on: May-14-2007
Reported in: (2008)ILLJ794HP
ORDERRajiv Sharma, J.1. This petition is directed against the award passed by the H.P. Labour Court, Shimla on January 16, 2002.2. The necessary facts for the adjudication of this petition are that the petitioners-corporation had entered into an agreement with respondent No. 16 on July 29, 1995 forfeiting, conversion and carriage to road side depot, Khudan and stacking of 805.314 M3 converted timber. The copy of the agreement was supplied to the Court during the course of hearing, which is taken on record. The relevant paras of the agreement necessary for the adjudication of this petition are reproduced below:14. That the Contractor(s)/Labour Supply Mate(s) will maintain a roll call register to mark daily attendance of the Labour force present on the works and would produce the same on demand to the Divisional Manager or the Official incharge of the work, as and when required to do so.24. That the Divisional Manager shall be entitled to pay the labour from the unpaid bill (bills) of th...
New India Assurance Company Vs. Anju Devi and ors. and Lata Devi and o ...
Court: Himachal Pradesh
Decided on: May-14-2007
Reported in: 2007(3)ShimLC125
V.K. Gupta, C.J.1. By this common order both the petitions are being disposed of together.2. In the two applications filed under Section 170 of the Motor Vehicles Act, 1988 in the two cases, the petitioner-insurer prayed before the learned Motor Accidents Claims Tribunal, Shimla that it be granted permission to contest the claim petition on all grounds which are available to the insured in addition to the statutory defences also available to it in accordance with law. The necessary and relevant averment in support of the aforesaid prayer of the petitioner is contained in para 3 of the applications which I reproduce here-in-below, for ready reference:That even otherwise also the insured has failed to intimate the factum of accident in writing to the replying respondent although the insurance policy enjoins upon the insured to intimate every happening whereby the liability might come upon the insurance company, in writing to the insurance company. Neither the claimant have supplied the i...
K.S. Mehta and anr. Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: May-10-2007
Reported in: 2007(2)ShimLC204
Dev Darshan Sud, J.1. This is plaintiff's second appeal against the judgment and decree of the learned District Judge, Solan, reversing the judgment and decree passed in favour of the plaintiff by the learned Senior Sub Judge.2. The facts necessary for decision are that the plaintiff instituted a suit for mandatory injunction against the defendants-respondents praying for a decree with costs and a direction to the defendants to remove the debris which had been dumped on her land without permission and to restore the land to its original position. Notice under Section 80 of the Code of Civil Procedure had been issued to the defendants for non-compliance of the demand of the plaintiff. Hence, the suit was instituted. The plaintiff had pleaded that a Notice Board had been put up on her land by the Public Works Department stating that the place was to be used as a dumping ground for debris. The defendants, in written statement, denied the case of the plaintiff in its entirety stating that ...
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