Himachal Pradesh Court July 2007 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.
Sukhdev Chand Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Jul-20-2007
Reported in: 2007CriLJ4103,2007(3)ShimLC189
ORDERDeepak Gupta, J.1. This revision petition has been filed against the judgment of learned Sessions Judge, Una in Criminal Appeal No. 24/1999, decided on 4-7-2001 whereby, he has upheld the judgment of the Chief Judicial Magistrate, Una in Criminal Complaint No. 61-1-1997, decided on 21-8-1999 whereby the petitioner-accused has been convicted for having committed an offence punishable under Section 27(B)(ii) of the Drugs, and Cosmetics Act, 1940 (hereinafter referred to as the Act) and sentenced him to undergo simple imprisonment for one year and to pay fine of Rs. 5,000/- and in default of payment of fine to further undergo simple imrisonment for 6 months. The charge against the petitioner accused in the present case is that he is not a qualified doctor and does not fall within the definition of registered medical practitioner under Rule 2(ee) of the Drugs and Cosmetics Rules (Rules for short) and, therefore, he had no authority to sell or prescribe any drug.2. A complaint was file...
State of Himachal Pradesh Vs. Gurpal Ram and ors.
Court: Himachal Pradesh
Decided on: Jul-20-2007
Reported in: 2007CriLJ4732
Surinder Singh, J.1. This appeal filed by the State against the acquittal of the respondents in Criminal Case No. 20-III of 1994, decided on 2nd June, 1998, by Judicial Magistrate 1st Class, Rohru.2. The factual matrix of the case is that during the intervening night of 29th/30th April, 1994, P.W. & S.I. Abdul Hamid was on patrolling duty in Rohru Bazar. Dy. Superintendent of Police K.S. Guleria was on the checking duty, along with some police officials in his Gypsy. Abdul Hamid (S.I.) spotted a Tempo No. PB-08-J-9825 coming from meat market towards upp&r; market Rohru, which was being driven by Gurpal Ram, respondent arid the other respondents were the occupants thereof. On checking, it was found having seven Karian (rafters) and three planks of Deodar of different sizes. The respondents failed to produce any permit, as such, the aforesaid case property was seized and taken into possession vide recovery memo Ext. PW2/A along with the documents of the vehicle vide memo Ext. PW2/B. The ...
Hpsidc Vs. Tej Straw Boards (P) Ltd. and ors.
Court: Himachal Pradesh
Decided on: Jul-20-2007
Reported in: AIR2008HP27,2007(3)ShimLC10
ORDERSurinder Singh, J.1. The appellant-plaintiff has filed the instant appeal feeling aggrieved and dissatisfied by the judgment and decree passed ex parte by the District Judge, Shimla in Case No. 4-S/l of 1996, dated 15-12-1997 whereby the suit filed by the plaintiff was dismissed.2. The defendant No. 1 M/s. Tej Straw Board (P) Limited, a private limited company duly incorporated under the provisions of Companies Act, 1956 of which the defendant Nos. 2 to 8 are the Directors. It applied for the grant of term loan to the tune of rupees 2.55 lacs for the construction of factory building, purchase of land, plant and machinery for setting up unit for the manufacture of paper/board at Kala Amb, District Sirmaur, H. P. The said loan was sanctioned in favour of defendant No. 1 by the Plaintiff-Corporation in July/August, 1980. The Company, aforesaid, agreed to pay the interest on the term loan facility at the rate of 9.5% per annum. For securing the repayment of loan and interest thereon, ...
New India Assurance Co. Ltd. Vs. Tahira Begum and ors.
Court: Himachal Pradesh
Decided on: Jul-18-2007
Reported in: 2008ACJ463
Dev Darshan Sud, J.1. This appeal has been preferred by the insurance company against the award made by the Commissioner under the Workmen's Compensation Act. The respondents-claimant Nos. 1 to 5 preferred a petition under Section 4 of the Workmen's Compensation Act (hereinafter referred to as 'the Act') before the Commissioner under Workmen's Compensation Act at Shimla on the allegations that deceased Gulshan Mohamad was employed as a driver by the owner Ashwani Sood, respondent No. 6, to drive the bus No. HP 03-0023 which met with an accident on 1.4.1996 and he died on the spot. After trial, the Commissioner allowed the claim holding the insurance company liable to pay the compensation awarded.2. The insurance company had submitted before the Commissioner that at the time when the ill-fated bus met with an accident, the deceased was drunk. According to the report of the Forensic Science Laboratory, the alcoholic content of the blood of the deceased was 316 mg which was beyond the lim...
Dilwar Ram Thakur Vs. Union of India (Uoi) and ors.
Court: Himachal Pradesh
Decided on: Jul-18-2007
Reported in: 2008(3)SLJ504(HP)
ORDERRajiv Sharma, J.1. The brief facts necessary for the adjudication of this petition are that the petitioner was enrolled in the Army on 28th December, 1974. He was down graded to low medical category 'CEE (Temp)' for 3/12 years by classified specialist with effect from 27th January, 1991 due to disease 'Thoracic Outlet Syndrome (Right), and on review he was continued in low medical category and was placed in medical category BEE (Permanent). He was promoted to the rank of Naib Subedar with effect from 21st November, 1995 and on review he was not upgraded to medical category and was transferred to pension establishment. He had rendered 26 years and 4 days service in the Army. He was granted service pension by Principal Controller of Defence Accounts (Pension), Allahabad.2. He was medically examined by duly constituted Medical Board on 6th June, 2001. His disability viz. 'Thoracic Outlet Syndrome' (Right) was assessed at 20% for life, but neither attributable to nor aggravated by the...
O.P. Koundal Vs. Parvatiya GramIn Bank and ors.
Court: Himachal Pradesh
Decided on: Jul-17-2007
Reported in: 2007(3)ShimLC494
Dev Darshan Sud, J.1. This writ petition has been preferred by the petitioner challenging Annexure PC, dated 15.3.2004, by which respondent No. 5 has been appointed to Scale III in the Parvatiya Gramin Bank-Respondent No. 1. A further prayer has been made by the petitioner that an appropriate direction/order be issued to respondent No. 1 promoting him against the said post and be granted all the consequential benefits ensuing therefrom. A prayer is also made for directions to be issued to the respondents directing them to produce the record of selection. The petitioner has averred that according to the Recruitment and Promotion Rules applicable to and governing the conditions of service of petitioner and respondent No. 5, Scale III posts which have been grouped together in Group A are to be filled in 100% by way of promotion to be made on the basis of seniority-cum-merit. Petitioner submits that according to the Recruitment and Promotion Rules such promotion is to be made from Scale II...
Chandermani Sharma Vs. State of H.P. and anr.
Court: Himachal Pradesh
Decided on: Jul-16-2007
Reported in: 2007(3)ShimLC523
Kuldip Singh, J.1. The plaintiff is in appeal against the judgment and decree dated 1.1.2000 passed by learned District Judge, Shimla in Civil Appeal No. 71-S/13 of 1997 setting aside the judgment and decree dated 16.7.1997 passed by learned Senior Sub Judge, Shimla in case No. 96/1 of 97/90 and returning the plaint to the plaintiff.2. The facts, in brief, are that plaintiff/appellant filed a suit for declaration that he is owner in possession of 85 Bighas land out of the land bearing Khasra No. 184 and 2-7 Bighas land out of land bearing Khasra No. 62 situated in Mauza Khalag, Pargana Bagi, Tehsil and District Shimla. He has also prayed for mandatory injunction directing the defendants either to remove the debris and boulders thrown on the suit land in the course of construction of Jubbar Hatti Airport road and to restore the land to its original condition or to take immediate steps for acquisition of the suit land.3. The plaintiff has pleaded that he is owner of land measuring 49-18 ...
State of H.P. and ors. Vs. Nihaloo Ram and ors.
Court: Himachal Pradesh
Decided on: Jul-16-2007
Reported in: 2007(3)ShimLC306
Kuldip Singh, J.1. This Judgment shall dispose of seven appeals, i.e. RFA Nos. 266, 268, 276, 280, 308, 317 and 345 of 1997, which have been filed by State of H.P. against common award, dated 28.11.1996, passed by the learned District Judge, Shimla, in Land Reference Case Nos. 212-S/4 of 1993, 213-S/4 of 1993, 209-S/4 of 1993, 210-S/4 of 1993, 215-S/4 of 1993, 214-S/4 of 1993 and 211-S/4 of 1993, respectively. The parties are referred in the same manner, as in the impugned award.2. The brief facts are that a Notification, under Section 4 of the Land Acquisition Act, 1894 (for short, the Act) was issued by the State, which was published on 8.6.1991, for acquisition of land for construction of Kalbog-Kuinal road. The land situated at villages Rajtari and Gadaog in Tehsil Kotkhai, District Shimla was covered by the Notification, under Section 4 of the Act. The Land Acquisition Collector (for short, Collector) announced the award on 29.12.1991, and as per impugned award, the Collector awar...
Dile Ram Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Jul-12-2007
Reported in: 2007(2)ShimLC312
Vijay Pal Singh, Member (Adm.)1. The applicant herein has prayed for the grant of following reliefs:-:(i) to direct the respondents to release all the benefits to the applicant under Demobilized Armed Forces Personnel (Reservation of Vacancies in Himachal State Non-Technical Services) Rules, 1972;(ii) the applicant after releasing all the service benefits like seniority/promotion, pay fixation etc. be considered for fixation of pensionary benefits.In brief, the case of the applicant as made out in this Original Application is that the' applicant was enrolled in the Army in Electrical and Mechanical Corps on 12.10.1963 and was transferred to Reserve-Cum-Establishment on 1.1.1979 after serving for 15 years 2 months and 20 days. Thereafter, the applicant was appointed as Forest Guard on 14.2.1992 in the respondent-department through Secretary State Selection Committee and Sub-Employment Officer (Ex-servicemen Cell), Hamirpur, Himachal Pradesh and he joined duty on 24.2.1992.-The applicant...
Varinder Kumar Vs. Food Corpration of India and ors.
Court: Himachal Pradesh
Decided on: Jul-12-2007
Reported in: 2008(1)ShimLC279
Sanjay Karol, J.1. Petitioner is aggrieved by the order dated 29th October, 2002 (Annexure P-1) passed by Senior Regional Manager, Food Corporation of India whereby/in public interest, petitioner was compulsorily retired in exercise of the powers conferred under Regulation 22(2) of FCI (Staff) Regulations, 1971 (hereinafter referred to as the 'Regulation') and also order dated 30th January, 2003 (Annexure P-3) passed by the Zonal Manager (North), Food Corporation of India dismissing the representation of the petitioner seeking review of the order dated 29th October, 2002. In the present writ petition, petitioner is seeking quashing of the said orders and further seeking re-instatement in service with all consequential benefits up to the normal age of superannuation.2. According to the petitioner on 20th October, 1971 he was appointed as Quality Assistant Grade-III and with the passage of time' promoted to the level of Technical Assistant Grade-III on 31st December, 1980 and posted at S...
- ‹ Prev
- 1
- 3
- 4
- Next ›
- Last »