Himachal Pradesh Court April 2008 Judgments

Harbans Lal and anr. Vs. Kundan

Court: Himachal Pradesh

Reported in: 2008(2)ShimLC143

Sanjay Karol, J.1. With the consent of the parties, the matter was taken-up for hearing and the parties were heard on the following substantial question of law:Whether the Court below committed an illegality in rejecting the appellants' application under Order 41 Rule 27 CPC, seeking to bring on record pleadings of prior instituted suit between the parties, for determining the appellants' prayer of staying the instant suit in view of provision of Section 10 CPC?2. The parties admittedly were co-sharers of land comprising Khata Khatauni No. 45/92, bearing Khasra Nos. 186, 187, 647/196, Kitas 3, measuring 0-58-49 Hectares situated at village Dochi, Pargana Chail, Tehsil Kandaghat, District Solan H.P. (hereinafter referred to as 'the suit land'). The said land stood partitioned, under the revenue law, in terms of orders dated 3.6.1995 passed by the Assistant Collector 1st Grade and orders dated 21.1.1998 affirming the mutation. The orders passed by the revenue authorities were assailed by...

Rajinder Kumar Vs. State of H.P.

Court: Himachal Pradesh

Reported in: 2008CriLJ2632,2008(2)SCALE235

Surjit Singh, J.1. Appellant has appealed against the judgment of Sessions Court (Fast Track Court, Chamba), whereby he has been convicted of offence, punishable under Section 302 of the Indian Penal Code, and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000/-; in default of payment of fine to undergo rigorous imprisonment for a further period of two years.2. Prosecution case, as it emerges from the evidence on record, may be summed up thus. Deceased Kamla was initially married to an employee of Public Works Department. Her husband died while in service. She was given appointment as a Class IV employee, on compassionate grounds. After some time she remarried the appellant. The appellant, who is resident of Batala Town in Gurdaspur District of Punjab and works as a mechanic at Banikhet, started living with the deceased at her parental place in village Gurdial (Sudli). He was not happy with the marriage, because the deceased had not conceived even after...

Himachal Pradesh Financial Corporation Vs. Jiwan Cements and Chemicals ...

Court: Himachal Pradesh

Deepak Gupta, J.1. This petition is directed against the order dated 3rd May, 2006 passed by learned District Judge, Sirmour at Nahan holding that the execution petition filed by the Decree Holder is not maintainable.2. Brief facts of the case are that the Himachal Pradesh Financial Corporation (HPFC) filed a petition under Section 31 of the State Financial Corporations Act in the Court of learned District Judge, Sirmour at Nahan in which there were nine main respondents and one proforma respondent. The learned District Judge, Nahan allowed the petition qua defendants 1 to 3 only and held that the HPFC was entitled to recover outstanding amount of Rs. 1,51,80,559/- and also funded interest amounting to Rs. 35,97,952/- alongwith interest at the agreed rate from respondents 1 to 3.3. Admitledly, respondents 1 to 3 who were the principal debtors did not challenge this order passed against them. However, the HPFC was aggrieved against this order inasmuch as it restricted its right to recov...

State of H.P. Vs. Onkar Singh and ors.

Court: Himachal Pradesh

Reported in: 2008(2)ShimLC132

Sanjay Karol, J.1. The present appeal arises out of the judgment dated 22nd December, 2000 passed by Judicial Magistrate, 1st Class-II, Dharamsala, District Kangra in Criminal Case No. RBT No. 68/11/2/99 titled as State of H.P. v. Onkar Singh and Ors. acquitting the accused persons of the charged offence.2. Rattni Devi (PW-1) filed a written complaint Ext. PW-1/A before the learned Chief Judicial Magistrate, Dharamshala which was forwarded to the Station House Officer, Dharamshala for registration of the case. Based on the same, F.I.R. No. 245 dated 14th October, 1999 (Ext.PW-7/B) was registered with Police Station, Dharamsala under Sections 323, 452 and 506 I.P.C. The matter was investigated by ASI Sh. Krishan Lal (PW-7).3. As per the case of the prosecution, on 2nd October, 1999 Shri Man Singh (PW-4) son of Smt. Rattni Devi (PW-1) visited the bazaar at village Sakoh to purchase his medicine, the accused persons snatched Rs. 200/- from him and aiso gave beatings and broke his stick. O...

Parveen Kumar Gupta Vs. Sorabh Gupta @ Sayanan Gupta

Court: Himachal Pradesh

Reported in: 2008(3)ShimLC102

V.K. Ahuja, J.1. This is a petition filed by the petitioner under Section 482 Cr.PC against the order dated 1.6.2007 passed by the learned Sessions Judge, Solan vide which the revision petition filed by the petitioner against the order dated 27.7.2006 passed by learned Sub Divisional Judicial Magistrate, Arki was partly allowed and the maintenance amount was reduced from Rs. 5,000 to Rs. 3,000 per month.2. Briefly stated, the facts of the case are that the respondent (minor) through his mother Smt. Neelam Gupta filed a petition under Section 125 Cr.P.C. for grant of maintenance as against the petitioner. The said petition was tried by the learned trial Court which granted maintenance @ Rs. 5,000 per month to the present respondent. The petitioner preferred a revision petition before the learned Sessions Judge, Solan who vide his order dated 1.6.2007, modified the order passed by the learned Magistrate and reduced the maintenance amount from Rs. 5,000 to Rs. 3,000 per month from the dat...

State of H.P. and anr. Vs. Jagat Singh

Court: Himachal Pradesh

Reported in: 2008(3)ShimLC459

Rajiv Sharma, J.1. These two petitions are directed against the orders rendered by the learned H.P. Administrative Tribunal in O.A. No. 561 of 1995 and O.A. No. 562 of 1995 on 20.6.2001 and 2.1.2002, respectively. Since common questions of law and facts are involved in these petitions, the same are being disposed of by a common judgment.2. The facts in nutshell common to both the petitions are that the disciplinary proceedings were initiated against the respondents on the ground that they had taken one Ram Singh accused from the Court of Judicial Magistrate 1st Class, Dharamshala on September 3, 1992 and on the same evening when they brought the accused to District Jail, Dharamshala they were found drunk. The disciplinary proceedings were initiated against them. The inquiry was conducted by the Additional Superintendent of Police, Kangra. The report was submitted to the disciplinary authority. The Inquiry Officer had concluded that the charge had been proved against the delinquents. Th...

State of H.P. Vs. Parshotam Singh and ors.

Court: Himachal Pradesh

Reported in: 2008CriLJ2702

Surjit Singh, JJ.1. Heard and gone through the record.2. State has appealed against the Judgment of the trial Court whereby the respondents, numbering 15, who were charged with and tried for offences, punishable under Sections 147 and 302, read with Section 149 of the Indian Penal Code, have been acquitted.3. First, we may sum up the prosecution version. Deceased-Rai Singh, it appears, had been booked for an offence of rape, at the instance of one of the respondents, namely Rattani Devi. She claimed to be the victim of the said offence of rape. Two days prior to the occurrence (the occurrence took place on 12th February, 1992), the deceased was granted bail in the aforesaid rape case. On the day of occurrence, he was allegedly overpowered in village Dathi by all the fifteen respondents. His hands and feet were tied with a rope at the shop of respondent-Gian Chand alias Johndu Ram son of Sant Ram and then he was given a sound thrashing by all the respondents. A bicycle chain was used as...