Himachal Pradesh Court June 2007 Judgments
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Smt. Kamla Vs. Sukh Lal
Court: Himachal Pradesh
Decided on: Jun-29-2007
Reported in: AIR2007HP98
Kuldip Singh, J.1. The defendant Smt. Kamla, is in appeal against judgment, decree dated 1-3-2000, passed by the District Judge, Shimla in Civil Appeal No. 14-S/13 of 1998, decreeing the suit of the plaintiff and directing the defendant to get the sale deed Ex. P,W. 1/B registered. The parties are referred in the same manner as they were in the trial Court.2. The brief facts of the case are that Sukh Lal plaintiff, filed a suit, which he termed as suit for specific performance of sale deed dated 10-4-1991, against defendant Surat Ram, who has since died, pleading, inter-alia, that 011 14-10-1988 011 14-10-1988 , defendant entered into an agreement with plaintiff for sale of 5 Biswas area out of land measuring 1-14 Bighas, comprised in khasra No. 221, situated in Mauza Rajhana, Pargana Jajhot, Tehsil and District Shimla for a sale consideration of Rs. 35,000/- There stood a house on the land agreed to be sold by the defendant to the plaintiff. The plaintiff paid a sum of Rs. 6000/- to d...
Daulat Ram Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Jun-29-2007
Reported in: 2007(2)ShimLC282
Surjit Singh, J.1. Heard and gone through the record.2. This appeal is directed against the judgment of the trial Court whereby the appellant has been convicted of an offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/-, in default of payment of fine to undergo rigorous imprisonment for a further period of five years.3. Relevant facts may be noticed first. On 3rd January, 2003, around 11.50 a.m., SI Om Parkash (PW-12), in the company of some Police officials, including PW-1 HC Amar Nath and PW-11 HC Shyam Lal, was present at a place called Nagchala on National Highway No. 21, in connection with routine checking of buses, when Bus No. PB-12C-9013, driven by PW-5 Balbir Singh, reached there. The bus was got stopped for checking of the passengers and their baggage. Appellant was found sitting on seat No. 32. He had a bag in his lap. When the bag was unzipped by PW-12 ...
H.P. State Co-operative Marketing and Consumer Federation Vs. State of ...
Court: Himachal Pradesh
Decided on: Jun-28-2007
Reported in: 2008(1)ShimLC270
Rajiv Sharma, J.1. The brief facts necessary for the adjudication of this petition as culled out from the pleadings of the parties are that a charge-sheet was issued to the respondent No. 3 on 4th October, 1994. The Inquiry Officer was appointed and he had submitted his report to the Disciplinary Authority dated 24.7.1997. The Board of Directors of the petitioner-federation has not agreed with the findings recorded by the Inquiry officer with regard to the charges No. 1, 2 and 12 respectively. The Board of Directors had come to the conclusion that the charges No. 1, 2 and 12 stood proved against the respondent No. 3. The inquiry report was furnished to the Disciplinary authority on 24th July, 1997. A memorandum was issued to the respondent No. 3 on 11th May, 2000 enclosing therewith the copy of the report of the Inquiry Officer dated 24th July, 1997, It has come in the memorandum that the Board of Directors had agreed with the findings of the Inquiry Officer in respect of charges No. 3...
Sandesh Kumari and ors. Vs. Rajesh Kumar and anr.
Court: Himachal Pradesh
Decided on: Jun-28-2007
Reported in: 2008ACJ1672,2007(3)ShimLC25
Kuldip Singh, J.1. Claimants-petitioners are in appeal for enhancement of compensation against award dated 8.1.2003 passed by M.A.C.T., Bilaspur in M.A.C. Petition No. 5 of 2001 awarding Rs. 2,88,000 compensation against respondent Nos. 1 and 2 with a direction to respondent No. 2 to deposit the compensation of Rs. 2,88,000 within 45 days from the date of award failing which interest at the rate of 9 per cent per annum shall be payable from the date of award till realisation. The parties are referred herein in the same manner as in the impugned award.2. The brief facts, as alleged in the claim petition, are that Rakesh Kumar on 1.8.2000 boarded truck No. HIB 4164 for buying goods from Mandi. At place Nag-challah truck No. HP 33-4397 was noticed coming from the opposite side. Truck No. HP 33-4397 struck against truck No. HIB 4164 and in the accident Rakesh Kumar suffered injuries and succumbed to injuries. The respondent No. 1 was the owner of truck No. HP 33-4397 at the time of acciden...
Krishan Chand and ors. Vs. Nand Lal and ors.
Court: Himachal Pradesh
Decided on: Jun-28-2007
Reported in: 2008(1)ShimLC263
Surjit Singh, J.1. This appeal by the plaintiffs/appellants is directed against the judgment and decree dated 20.10.1994 of the first Appellate Court whereby dismissing the appeal, decree passed by the trial Court/dismissing the suit of the appellants/plaintiffs, has been affirmed.2. Plaintiffs/appellants filed a suit for declaration that the orders of mutations dated 3.9.1986 (No. 2679) and 30.8.1986 (No. 2815), passed by the Assistant Collector II-Grade, Arki were illegal, void and against the facts and law and hence not binding upon them and the proforma defendant/respondent Ramesh Chand. By way of further relief issuance of permanent prohibitory injunction restraining respondents/defendants No. 1 and 2 Nand Lal and Jagat Ram, respectively, from causing any interference in the possession of the plaintiffs over the land measuring 5 Bighas 2 Biswas/bearing Khasra No. 281/1, situated at Mauza Bikrampur (Kot), Pargana Pobar, Tehsil Arki/was sought.3. Cause of action, as disclosed in the...
Balbir Bagga Vs. Financial Commissioner (Revenue) and ors.
Court: Himachal Pradesh
Decided on: Jun-27-2007
Reported in: AIR2007HP83,2007(2)ShimLC463
Deepak Gupta, C.J.1. By means of this writ petition the petitioner has raised challenge to the election of respondent No. 5 as Chairman, Zila Parishad, Una. The petitioner had filed an election petition in terms of Section 163 of the H.P. Panchayati Raj Act, 1994 (hereinafter referred to as the Act) challenging the election of respondent No. 5. This petition was allowed by the prescribed authority vide order dated 7-8-2006 Respondent No. 5 filed an appeal against this order and this appeal has been allowed vide the impugned order dated 11-12-2006. Hence the present petition.2. The brief facts relevant for the decision of the present case are that both, the petitioner and respondent No. 5 were elected as members of the Zila Parishad. Una. Election to the posts of Chairman and Vice Chairman of the Zila Parishad is held from amongst the members. The election is held by secret ballot. Rule 86(13)(15) and (17) of the H.P. Panchayati Raj (Election) Rules, 1994 (hereinafter referred to as Ele...
Pappu Ram and Etc. Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Jun-27-2007
Reported in: 2007CriLJ4384
Sanjay Karol, J.1. By this common judgment, both the appeals are being heard and decided together as the same arise out of a judgment of conviction and sentence passed by learned Sessions Judge, Chamba.2. Both the appeals are directed against the judgment dated 29th September, 2003/ 16th October, 2003 passed by Sessions Judge, Chamba Division, Chamba, H.P., whereby the appellants have been convicted of an offence under Section 302 read with Section 34, I.P.C., and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000/- each, and in default of payment thereof further simple imprisonment of six months. For the offence under Section 201 read with Section 34, I.P.C. the appellants were convicted and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 2000/- each and in default thereof further simple imprisonment for a period of 3 months.3. The case of the prosecution as borne out from the record is as under:Bihari Lal, o...
National Insurance Company Vs. the Bilaspur Gramudhyog Association and ...
Court: Himachal Pradesh
Decided on: Jun-27-2007
Reported in: 2008ACJ2058,2007(2)ShimLC489
Kuldip Singh, J.1. The insurer is in appeal, against award dated 14.8.2003, passed by Motor Accident Claims Tribunal, Bilaspur, in MAC Case No. 114 of 2000, awarding Rs. 1,00,000/-, compensation to claimant for damage to its building. The insurer has been directed to deposit the compensation within two months from the date of the award, failing which interest at the rate of 9% per annum, from the date of the award, shall also be payable. The parties are referred in the same manner, as in the impugned award.2. The facts in brief, as alleged in the petition are that petitioner-claimant is an association. The truck No. HIA 6835 on 24.7.2000 at village Bamta while crossing the toll tax barrier went out of control and rolled down about 25 feet and rested on the building of the petitioner causing damage to the building. The petitioner was earning Rs. 20,000/- per month, from the industry and as a result of damage to the building, the business of the petitioner suffered badly. The accident to...
Mohan MeakIn Ltd. Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Jun-27-2007
Reported in: 2007(3)ShimLC456
V.K. Ahuja, J.1. This judgment shall dispose of the writ petition No. 251 of 1999 filed by the petitioner Mohan Meakin Ltd. This judgment shall also dispose of the writ petition filed by the petitioner in CWP No. 590 of 1999 since the common question of law and facts are involved in both these writ petitions.2. Briefly stated the facts of CWP No. 251 of 1999 are that the petitioner is a company incorporated under the Companies Act having its registered office in Solan Brewery and is carrying on the business of manufacture and sale of Indian Made Foreign Liquors, (I.M.F.S.) and beers etc. It was alleged that the petitioner company is having a Distillery at Kasauli in Solan District holding a licence in Form D-2. It was further alleged that for blending of Malt Spirit produced at Kasauli Distillery, petitioner imported some quantities of Malt Spirit of over proof strength from its own Distillery at Mohan Nagar in Uttar Pradesh, after getting import permits from the Collector Excise, Hima...
Jagar Nath and ors. Vs. Munshi Ram and ors.
Court: Himachal Pradesh
Decided on: Jun-26-2007
Reported in: AIR2007HP86
ORDERSurjit Singh, J.1. Appellants, hereinafter called defendants, are aggrieved by the judgment and decree dated 25-12-1994 of learned District Judge, Bilaspur whereby affirming the decree dated 21-11-1985 passed by the trial Court, appeal has been dismissed.2. First the relevant facts may be noticed. Late Shri Bali Ram, now represented by respondents No. 1 and 2 (Munshi Ram and Lala Ram) filed a suit for possession of land measuring 13 Bighas 18 Biswas, entered against Khewat No. 14, Khatoni No. 37, Khasra Nos. 137, 274, 275, 276 and 286, situated in village Jol Plakhin, Pargana Tiun, Tehsil Ghumarwin, District Bilaspur, pleading the following cause of action. There lived a man by the name of Gursaran. He had three sons, named deceased plaintiff Bali Ram, one Megha and one Ganga Ram on the death of Gursaran, his aforesaid three sons inherited his estate, including the suit property. Ganga Ram had a son, named Hari Singh. On the death of Ganga Ram, his son Hari Singh inherited his est...
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