Himachal Pradesh Court August 2007 Judgments
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L.A.C. Vs. Ratti Ram,
Court: Himachal Pradesh
Decided on: Aug-31-2007
Reported in: 2008(I)ShimLC1
Dev Darshan Sud, J.1. These appeals have been preferred by the State against the award passed by the learned Additional District Judge (hereafter refer to as the Reference Court). All the three appeals are being disposed of by a common judgment as they were consolidated and tried together by the learned Reference Court.2. The basic grievance of the State is that the award includes within its ambit interest awarded to the claimants from the date of possession and not from the date of notification under Section 4 of the Land Acquisition Act, 1894 (hereafter referred to as the Act).3. Learned Advocate General submits that notification under Section 4 was issued subsequent to the taking over of the possession. He submits that in terms of the judgments passed by this Court in Narotam Ram v. Land Acquisition Collector and Ors. 2002 (3) Shim. L.C. 45, following the judgment of the Hon'ble Supreme Court in Siddappa Vasappa Kuri and Anr. v. Special Land Acquisition Officer and Anr. (2002) 1 SCC...
Bhagat Ram and ors. Vs. Bachana and ors.
Court: Himachal Pradesh
Decided on: Aug-31-2007
Reported in: 2008(I)ShimLC49
Deepak Gupta, J.1. This Revision Petition is directed against the order of the Sub Judge 1st Class, Nalagarh dated 4.10.2001 passed in Civil Suit No. 414/1 of 1998 whereby he has rejected the application filed by the petitioners herein for amendment of the replication-cum-written- statement to their counter claim.2. This case has rather unusual facts. The petitioners herein filed a suit before the learned trial Court. This suit was filed under Order 1 Rule 8 CPC for the' benefit of the general public of village Jattimajra, Pargana Dharampur, Tehsil Nalagarh, District Solan.3. According to the petitioners, a public well had been constructed in Khasra No. 76 in the said village. The case set up was that this well had been constructed by the villagers and that the father of the plaintiffs Karam Chand had six shares in the said land. It was averred that the well was constructed 70 years back by the, general public for its use. According to the petitioners the respondents had installed a pu...
Gulzar Muhamad Vs. State of H.P. and anr.
Court: Himachal Pradesh
Decided on: Aug-30-2007
Reported in: 2008CriLJ1350
Kuldip Singh, J.1. This appeal is directed against the judgment dated 18/19-8-2003. passed by learned Sessions Judge, Marall, H.P. in Sessions Trial No. 13 of 1998, whereby the appellant (hereinafter referred to as the accused), has been convicted and sentenced, under Section 376(2), IPC to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 20,000/-. In default of payment of fine, he shall undergo rigorous imprisonment for a period of one year. Out of fine awarded, whole amount shall be payable to the prosecutrix on realization.2. Facts in brief are that Khem Chand, brother-in-law of prosecutrix and husband of P.W. 2 Rita Devi died after consuming poison on 27-8-1994. The police implicated P.W. 2 Rita and Prem Chand husband of prosecutrix in that case that the poison was administered by these two persons to Khem Chand. This case was investigated by the accused. On 27-8-1994, at about 11 p.m. accused along with other officials went to the house of the prosecutrix and t...
Hitender Kumar and ors. Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Aug-27-2007
Reported in: 2007(3)ShimLC269
Deepak Gupta, J.1. By this common judgment, we dispose of all the aforesaid writ petitions since common questions of law and facts are involved therein.2. Education is a very vital weapon in the armoury of any person in a literate society. An uneducated person suffers from inherent disabilities. The Central Government and the State Government realizing the importance of education introduced the District Primary Education Programme (for short: DPEP) in the Educationally Backward Districts of the State in the year 1996-97. This scheme was launched by the State with the assistance of the Government of India and the World Bank.3. Thereafter the Sarv Shiksha Abhiyan (for short: SSA) was started in the State of Himachal Pradesh. The propose of this movement is to improve performance of the school system and to provide community owned quality education. The SSA is meant for the children upto 14 years of age i.e. upto upper primary level (8th class) and this Abhiyan was to take over the respon...
Munish Kumar Vs. State of Himachal Pradesh and ors.
Court: Himachal Pradesh
Decided on: Aug-27-2007
Reported in: 2008ACJ2332,2007(3)ShimLC341
Deepak Gupta, J.1. This appeal is directed against the judgment and decree passed by learned single Judge of this Court in Civil Suit No. 117 of 1991 decided on 1.9.2000 dismissing the suit filed by the plaintiff/appellant.2. The undisputed facts are that the bridge over Garali Khud known as 'Garali Khud Bridge' was damaged on 7.8.1984. This bridge was thereafter closed to all vehicular and other traffic. On 18.9.1988 at about 5 p.m. the plaintiff Munish Kumar was travelling on his motor cycle No. PAH 3340 from village Badoh to Garoh in Tehsil Nurpur, District Kangra, H.P. One Ravinder Kumar was travelling as the pillion rider. The bridge falls on this route. Plaintiff went on to the bridge but since the bridge was incomplete and two spans were missing he along with his motor cycle and pillion rider fell off the bridge into the khud and sustained injuries.3. The disputed facts are that according to the plaintiff there was no blockade at the bridge and there was no indication or any sig...
State of H.P. and anr. Vs. Hussan Chand
Court: Himachal Pradesh
Decided on: Aug-27-2007
Reported in: 2007(3)ShimLC265
Rajiv Sharma, J.1. A challenge has been laid by the State to the award passed by the H.P. Labour Court-cum-Industrial Tribunal, Dharamshala dated 2.3.2005 in reference No. 360/2002 (RBT No. 180/2004).2. The brief facts necessary for the adjudication of this petition are that the State Government had made the following reference to the H.P. Labour Court-cum-Industrial Tribunal, Dharamshala:Whether the termination of services of Shri Hussan Chand S/o Sh. Amar Nath, Ex.-daily wages Beldar by the Executive Engineer, Irrigation and Public Health, Division No. 1-, Una, District Una, w.e.f. 31.1.99 without complying the provisions of the Industrial Disputes Act, 1947, is proper and justified? If not, what relief of service benefits and amount of compensation Shri Hussan Chand workman is entitled to?3. The workman had issued demand notice under Section 2-A of the Industrial Disputes Act, 1947 to the Executive Engineer, Irrigation arid Public Health Division No. 1, Una on 30.9.2000. It appears ...
Savitri Devi Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Aug-27-2007
Reported in: 2007(3)ShimLC57
Deepak Gupta, J.1. By means of this writ petition, the petitioner has prayed that the order dated 16.5.2005, passed by the Land Acquisition Collector, Kangra, rejecting his petition under Section 28-A of the Land Acquisition Act, 1894, (hereinafter referred to as the Act), be quashed and set aside. The petitioner has also prayed that the compensation in this case may be re-determined and she be awarded compensation as has been paid to the claimants in RFA No. 152 of 1995.2. Brief facts necessary for disposal of the case are that the State of Himachal Pradesh issued a notification under Section 4 of the Act proposing to acquire land for the construction of Mukerian-Talwara-Nurpur-Chakkidhar road. In this notification, the land of various land owners was sought to be acquired. The acquisition proceedings culminated in the award of the Land Acquisition Collector passed on 27.4.1991.3. Land references were filed by a large number of land owners including the petitioner. The reference Court...
Parenteral Drugs India Limited and ors. Vs. State of H.P. and anr.
Court: Himachal Pradesh
Decided on: Aug-24-2007
Reported in: 2007(3)ShimLC435
Rajiv Sharma, J.1. The brief facts necessary for the adjudication of this petition are that the petitioner No. 1 is company incorporated under the provisions of the Companies Act, 1956. The petitioners No. 2 and 3 are group of companies of the petitioner No. 1. The respondent-State had floated several schemes in the year 2001-02 attracting industrialists from outside the State to set up industries in the State of Himachal Pradesh. The Companies on the basis of the incentives announced by the State were entitled to various concessions. The petitioners on the basis of the incentives given by the State of H.P. from time to time intended to set up industry in the State of Himachal Pradesh. The petitioners purchased land measuring 21 bighas and 12 biswas in District Solan. They also entered into agreements to sell with the owners of the land on 28.1.2004 stipulating the price @ Rs. 3.40 lakhs per bigha. The land was purchased vide seven agreements to sell. They were required to seek the per...
Desh Raj and ors. Vs. Meena
Court: Himachal Pradesh
Decided on: Aug-24-2007
Reported in: 2007(3)ShimLC1
V.K. Gupta, C.J.1. This petition is converted into and treated as a petition under Section 482 of the Code of Criminal Procedure for setting aside the order dated 16th April, 2007 passed by the learned Additional Chief Judicial Magistrate, Sundernagar and the proceedings in Criminal Complaint Meena v. Desk Raj and Ors., pending in the aforesaid Court, from out of which the aforesaid impugned order dated 16th April, 2007 arose.2. Respondent Meena, claiming to be the legally wedded wife of petitioner No. 1 Desh Raj, filed a Criminal Complaint under Sections 406 and 506 of the Indian Penal Code against the six petitioners herein. The complaint being very short, for ready reference as well as for the sake of record, it is being reproduced herein below. The entire text of this complaint reads thus:1. That the complainant is legally wedded wife of accused No. 1 and their marriage took place on 10.9.2001 according to Hindu Rites and Ceremonies.2. That after sometime of marriage the accused pe...
Devki Nand Vs. Jai Kishan
Court: Himachal Pradesh
Decided on: Aug-24-2007
Reported in: 2007(3)ShimLC262
Kuldip Singh, J.1. This appeal is against the judgment dated 7.7.2001 passed by learned District Judge, Kinnaur Civil Division at Rampur Bushahr in Civil Appeal No. 8 of 2001.2. The brief facts are that Jai Kishan plaintiff filed a suit for permanent prohibitory injunction against Devki Nand defendant, restraining him from interfering in any manner in the use of path by plaintiff which passes through khasra Nos. 17, 49/1, 50/1 and 51/1. The suit was contested by defendant and was dismissed by learned Sub Judge 1st Class Rampur Bushahr on 14.3.2001. The plaintiff filed an appeal against judgment, decree dated 14.3.2001 and in the appeal plaintiff filed an application under Order 6 Rule 17 read with Section 151 CPC for amendment of plaint. The plaintiff wanted to plead more facts in para-1 of the plaint and he wanted to add paras 1-A and 2-A also in the plaint. This application was opposed by defendant. The learned District Judge allowed the amendment application on 7.7.2001 and remanded...
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