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Himachal Pradesh Court February 2008 Judgments

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Feb 29 2008

Subhash Sahni Vs. Auro Spinning Mills

Court: Himachal Pradesh

Decided on: Feb-29-2008

Reported in: 2008(1)ShimLC521

Kuldip Singh, J.1. The record of the case has been received, with the consent of the learned Counsel for the parties, the revision has been finally heard.2. This revision petition has been filed against the judgment dated 27.4.2007 passed by learned Sessions Judge, Solan in Cr.A. No. 5NL/10 of 2006/05 confirming the conviction of petitioner under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 (for short Act) recorded by learned Additional Chief Judicial Magistrate, Nalagarh on 30.7.2005/3.8.2005 in Criminal Complaint No. 47/3 of 1999.3. The facts in brief are that petitioner in the years 1997-98 was the Managing Director of M/s. Bhiwani Denim & Apparels Ltd. Company based at Bhiwani in Haryana. It had business transactions with complainant M/s. Auro Spining Mills, a company based at Nalagarh, Himachal Pradesh. The complainant company had supplied yarn to the company of the petitioner and petitioner allegedly issued five cheques of different amounts on differe...


Feb 28 2008

Durgavati Vs. Nathpa Jhakhri Power Project Corporation and anr.

Court: Himachal Pradesh

Decided on: Feb-28-2008

Reported in: 2008(1)ShimLC472

Sanjay Karol, J.1. The appellant has assailed the impugned award dated 2nd November, 2001 passed in Land Ref. Petition No. 18 of 1998, titled as Durgavati v. Land Acquisition Collector, whereby appellant's Land Reference Petition was dismissed upholding Award No. 36/97 dated 28.11.1997 passed by the Collector. The appellant's land measuring 0-13-22 Hectare, situate in Up-Mohal Punspa, Tehsil Nichar, District Kinnaur, H.P., was sought to be acquired in terms of Notification issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to Act), published on 20.5.1995. The Collector (Land Acquisition) passed the Award No. 36/97, awarding a sum of Rs. 1,64,860.46 as compensation. In terms of the said award the land of the appellant was assessed separately and compensation for fruit and non-fruit trees was also got separately assessed through District Horticulture Officer, Horticulture Department, H.P. in accordance with the norms laid down by the State Government at Rs. 20...


Feb 28 2008

State of H.P. Vs. Sunil Kumar

Court: Himachal Pradesh

Decided on: Feb-28-2008

Reported in: 2008(3)ShimLC86

Surjit Singh, J.1. This appeal by the State is directed against the judgment of the Additional Sessions Judge, whereby appeal of the respondent against the judgment of the trial Court convicting and sentencing him for offences, under Sections 366 and 354 IPC, was accepted and the respondent was acquitted.2. First, we may notice the facts. Respondent was sent up for trial for an offence punishable, under Section 354 IPC for allegedly outraging the modesty of a child girl, aged about 7 years, on 15.6.1988. The respondent was alleged to have allured the girl when she was returning home from the school, to a lonely place behind his shop by offering her a toffee and to have put his male organ (penis) into her mouth. The girl was seen crying and vomiting near the place of the incident by PW-4 Mast Ram, who took her to her house in village Palthi and entrusted her to her mother. Since the girl was crying and vomiting, her mother PW2 Geeta Devi enquired from her as to what had happened, upon w...


Feb 26 2008

State of Himachal Pradesh Vs. Jawahar Lal and anr.

Court: Himachal Pradesh

Decided on: Feb-26-2008

Reported in: 2008(3)ShimLC401

Sanjay Karol, J.1. The present appeal arises out of the judgment dated 30.12.1999 passed by Additional Chief Judicial Magistrate, Amb, District Una, in case No. 60-1-1997, titled as State of Himachal Pradesh v. Jawahar Lal and Ors. acquitting the accused of the charged offence.2. The case of the prosecution is that in the intervening night of 7.11.1996 and 8.11.1996, in the early hours at about 2 a.m., Shri P.C. Sharma (PW-1), the then Divisional Manager, Una, alongwith Shri Mansa Ram (PW-2), Assistant Manager, Shri Shamsher Singh (PW-5), Deputy Ranger, Rattan Chand, another Deputy Ranger were on Nakkabandi near a place called Surang Dwari (Daulatpur), Una, H.P. Accused No. 1 Shri Jawahar Lal alongwith accused No. 2 Shri Gian Chand and accused No. 3 Shri Roshan Lal, (who died during the pendency of the trial) were found transporting 22 tins of resin in Jeep No. HP-19-2035. The vehicle was signalled to be stopped for checking by the said Forest officials. The vehicle was stopped, but, h...


Feb 25 2008

Him Ispat Mazdoor Sangh and ors. Vs. Presiding Officer and ors.

Court: Himachal Pradesh

Decided on: Feb-25-2008

Reported in: (2008)IIILLJ453HP

ORDERRajiv Sharma, J.1. A challenge has been laid by the petitioners to the award passed by the Labour Court in reference No. 18/1990, dated February 18, 1993.2. The brief facts necessary for the adjudication of this petition are that the petitioner No. 1-Union has raised demand notice on November 6, 1989. The conciliation proceedings in sequel to the demand notice, were held on November 17,1989 and thereafter the same were to be held on November 27, 1989. The petitioners No. 2, 3 and 4 were put under suspension on November 23, 1989 and the charge sheet was served on them on, November 23, 1989 itself. Reply was filed by these petitioners to the charge sheet whereby the charge leveled in the charge sheet were denied. The conciliation proceedings instead of being held on November 27, 1989 were held on, November 25, 1989 and thereafter the' conciliation proceedings took place on December 4, 1989. However, in between, the 19 workmen were terminated on November 29, 1989 by the Management an...


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