Himachal Pradesh Court November 2008 Judgments
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Himchal GramIn Bank Vs. Naraingir and ors.
Court: Himachal Pradesh
Decided on: Nov-28-2008
Reported in: 2009(1)ShimLC367
Rajiv Sharma, J.1.This Regular Second Appeal is directed against the judgment and decree dated 17.12.1997 passed by the learned District Judge, Mandi in Civil Appeal No. 6 of 1995.2. Brief facts necessary for the adjudication of this Regular Second Appeal are that the appellant-plaintiff (hereinafter referred to as 'the plaintiff for convenience sake) filed a suit in the Court of learned Sub-Judge, 1st Class (1), Mandi, H.R for recovery of Rs. 31,307/-. The suit was resisted by the respondents-defendants (hereinafter referred to as 'the defendants' for convenience sake). The learned Sub-Judge decreed the suit on 30.12.1994 with costs for recovery of Rs. 31,307/- with future interest @ 14% per annum with quarterly rests from the date of filing of the suit till the final realization of the decretal amount. The defendants feeling aggrieved by the judgment dated 30.12.1994 preferred an appeal before the learned District Judge, Mandi. The learned District Judge, Mandi came to a conclusion t...
Veena Mahaldar and ors. Vs. R.K. Khanna and ors.
Court: Himachal Pradesh
Decided on: Nov-28-2008
Reported in: 2009(1)ShimLC445
Surjit Singh, J.1. The present cross objections, registered at No. 67 of 2001, in FAO No. 488 of 2000, have been referred to a Larger Bench, i.e. Division Bench by the Hon'ble Chief Justice, who while sitting as Single Judge, even though deciding the main appeal i.e. FAO No. 488 of 2000 felt that question involved in the cross objections needed to be considered by D.B. From the judgment of the Hon'ble Chief Justice, it appears that when the FAO 488/2000 and cross objections were being heard together, a question was raised by the claimants, who filed the present cross objections, that the deceased, being an Engineer in Government service, was likely to reach higher levels in service career, both in terms of status and salary and, therefore, his likely future increase in salary/income was also required to be taken into account, while determining the multiplicand, i.e. to say the figure of annual loss of dependency.2. Hon'ble Chief Justice not only referred the cross objections to the Lar...
Suraj Bansi Vs. Collector and anr.
Court: Himachal Pradesh
Decided on: Nov-25-2008
Reported in: 2009(1)ShimLC163
Surinder Singh, J.1. The petitioner herein, felt aggrieved and dissatisfied by the impugned order passed under Section 12 of the H.P. Roadside Land Control Act, 1968, in short the 'Act,' by the Collector, Sub Division Kalpa at Reckong Peo, District Kinnaur (H.P.) in Case No. SDK-1/2002 decided on 17.12.2003, whereby the petitioner was ordered to restrore the building to its original position by removing the extension, between RD-5/68240 and RD5/712 of the building situated in Khasra No. 687 within three months of the order, failing which the order aforesaid shall be complied with through use of means as it would be thought proper under the said Section by the Collector and costs of which would be recovered from the petitioner.2. Shri Shrawan Dogra, learned Counsel for the petitioner sought quashing of the impugned order on the ground that the complaint, filed by the Assistant Engineer, P.W.D. before the Collector under the aforesaid Act, alleging therein that carrying of the constructi...
Desh Raj Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Nov-25-2008
Reported in: 2009CriLJ1411
Surinder Singh, J.1. The appellant has assailed the judgment of conviction under Section 307 of the Indian Penal Code, passed in Sessions trial No. l-S/7 of 1997 decided on 5-7-2001 by the learned Additional Sessions Judge, whereby he was sentenced to undergo Rigorous Imprisonment for a period of three years and to pay a fine of Rs. 5,000/-,.2. The appellant was put on trial, on the allegations that PW4 Manohar Lal and PW3 Shiv Karan Singh, both police constables of Kangra District, were deputed on VVIP duty at Shimla, on account SAARC Samelan. in the month of May 1995. Both were staying in Sanatan Dharam Sabha-Sarai at Sanjauli (Shimla). On 3-5-1995, both these constables after taking their dinner in the hotel located in the local market, were on their way back to the place of their stay. At about 11.15 p.m., they noticed the appellant, picking up a quarrel with a woman on the road. PW4 Manohar Lal asked him as to why he was quarrelling with the said woman, but in turn, he gave 2/3 fi...
Pyare Lal Vs. Smt. Basanti Devi
Court: Himachal Pradesh
Decided on: Nov-24-2008
Reported in: 2009(1)ShimLC179
Surinder Singh, J.1. The respondent-wife was declined the maintenance by the learned trial Court, under Section 125 of the Code of Criminal Procedure from the petitioner herein, on the ground that she was not his legally wedded wife.2. The respondent challenged the impugned order before the Court of Sessions, by filing Criminal Revision No. 25-S/10 of 2007, which was allowed vide a detailed judgment dated 10.7.2008, holding that a strict proof of marriage is not required in these proceedings and there was enough evidence to prove the case of respondent wife, as such the order of the trial Magistrate was reversed and she was awarded the maintenance @ Rs. 1,000/- per month w.e.f. 3.5.2007, which has been assailed in this petition preferred under Section 482 Cr.P.C. by the petitioner-husband.3. Dr. Lalit Kumar Sharma, learned Counsel for the petitioner submitted that parties to this petition are Hindus. The petitioner has denied marriage thus it was required to be strictly proved as per l...
Karan Bahadur Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Nov-24-2008
Reported in: 2009(1)ShimLC174
Surjit Singh, J.1. Appellant has appealed against the judgment, dated 31.12.2004, of the trial Court, whereby he has been convicted of an offence, punishable under Section 20 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 imprisonment for a further period of four years.2. Prosecution case, as it emerges from the evidence on record, may be stated thus. On 3.11.2003, at 2 a.m., a police party, headed by PW-7 SI Balwant Singh of which PW-6 Constable Gurdyal Singh, HC Harbans Lai, HHG Chaman Lal and HHG Hukam Ram, were the other members, left Police Post, Manikaran, for patrolling. PW-7 SI Balwant Singh was the Incharge of Police Post, Manikaran, those days. The party organized a Nakka at a place called Kochhar. Around 6 a.m., appellant accompanied by a young lad, named Resham, appeared from the side of village Shetiran. He was carrying a haversa...
Vinod Kumar and anr. Vs. Nirmala Devi and anr.
Court: Himachal Pradesh
Decided on: Nov-20-2008
Reported in: 2010ACJ176,2009(1)ShimLC256
Sanjay Karol, J.1. Shri Vinod Kumar, driver and his father Shri Ram Chand, transferee of the vehicle in question have filed the present appeal invoking the Appellate jurisdiction of this Court under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act'), challenging the legality, validity, propriety and the correctness of the Award dated 30.9.2004 passed by the Motor Accident Claims Tribunal (II), Una, H.P. in M.A.C. Petition No. 59 of 2001 titled as Nirmala Devi v. Vinod Kumar and Ors.2. Smt. Nirmala Devi, respondent No. 1 herein (in short claimant), filed a petition under Section 166 of the Motor Vehicles Act, claiming compensation for the death of her daughter Ms. Sharmila Devi, aged 17 years, who died in an accident with Maruti Car No. DAQ-1638 on 7.5.2001. Compensation of Rs. 10 lacs was claimed.3. Shri Vinod Kumar (in short the driver) while admitting that he was driving the vehicle in question at the relevant time denied any negligence and further pleaded that he was ...
Meera Walia Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Nov-19-2008
Reported in: 2009CriLJ1524
ORDERSurinder Singh, J.1. The petitioner; a Principal in the Government College, is seeking her pre-arrest bail in case FIR No, 6 of 2008 dated 22-5-2009 registered in Police Station SV and ACB Shimla under Sections 13(1)(c) and with 13(2) of the Prevention of Corruption Act.2. Notice of the application was given to the respondent-State, S/Shri P. K. Sharma, learned Additional Advocate General along with Jeewan Lal Sharma, Special Prosecutor and J. S. Guleria, Law officer have put in appearance on behalf of the State.3. Report of the facts has been filed and the matter has been perused and considered.4. In brief, the prosecution case is that husband of the petitioner; Shri Subhash Ahluwalia is an IAS Officer. He remained posted as Principal Secretary-cum-Personal Secretary to the former Chief Minister, Himachal Pradesh. During the check period 2003-2008 he and his family members were allegedly possessing disproportionate assets to their known sources of income. After conducting the pre...
Rajesh JaIn and anr. Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Nov-18-2008
Reported in: 2009CriLJ1698,2009(1)ShimLC182
Surinder Singh, J.1. In this petition, challenge has been made by the petitioners, the partner of 'M/s. Sailor's Corporation Manufacturers of P.P. Foods', to the orders dated 23-2-2008 of Judicial Magistrate 1st Class (Court No. 3) Shimla, passed in Food Case No. 103/3 of 2002, impleading them as accused, on the application of Food Inspector moved under Section 20-A of the Prevention of Food Adulteration Act, 1954, in short 'the Act'.2. Background facts shorn of the unnecessary details are as follows:On 7-1-2002, the Food Inspector inspected the shop premises of M/s. Khalsa Provision Store, Gurudwara Road, Shimla and found accused Sohan Singh its partner conducting its business. The Food Inspector purchased three sealed bottles of chilli sauce for analysis. The vendor disclosed the particulars of its manufacturer 'M/s. Sailor India Corporation of P.P. Foods' under Section 14-A of the Act, from whom he had purchased it and produced warranty, invoice No. 271 dated 27-12-2001. A copy of n...
National Insurance Company Vs. Smt. Sushma Devi and ors.
Court: Himachal Pradesh
Decided on: Nov-17-2008
Reported in: 2009ACJ1901,2009(1)ShimLC251
Surjit Singh, J.1. Appellant, National Insurance Company, is aggrieved by the award, dated 14.10.1999, passed by the Motor Accident Claims Tribunal, whereby allowing a petition, under Section 163-A of the Motor Vehicles Act, filed by respondents Sushma Devi and others, dependents of deceased Suram Singh, a sum of Rs. 2,81,500, together with interest, has been awarded as compensation and the appellant has been ordered to pay the aforesaid amount of money together with interest.2. Admitted facts are that deceased Suram Singh was employed as a driver by respondents M/s. Guru Travels, to drive their car No. DL-IV-1743. While driving that car, Suram Singh (deceased), died in accident of that car, on 5.3.1996. Petition was filed, under Section 163-A Motor Vehicles Act, by dependents of Suram Singh, claiming compensation. It was alleged that Suram Singh's monthly income was to the tune of Rs. 3,000 and that his age was 25 years. Prayer was opposed by the present appellant inter-alia on the gr...
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