Himachal Pradesh Court September 2008 Judgments
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Ram Das and ors. Vs. Suresh Chander Prashar
Court: Himachal Pradesh
Decided on: Sep-30-2008
Reported in: 2008(3)ShimLC176
Dev Darshan Sud, J.1. This is the defendants' petition accepting the request of the plaintiff for recalling the summons issued to him to appear as a witness on behalf of the petitioners-defendants.2. The suit filed by the plaintiff was for a decree for possession of land detailed in the suit. From the order it appears that General Power of Attorney Sagli Ram was prosecuting the case on behalf of the plaintiff. The defendants sought assistance of the Court calling upon the plaintiff to appear as a witness in the suit. This was resisted by the plaintiff, who moved an application for recalling of the summons. It was pleaded that the suit was filed through the General Power of Attorney who is fully conversant with the factual position and that there was no need for the plaintiff to be examined as a witness in this case. The plaintiff pleaded that the Power of Attorney bound him to all acts and deeds performed by his general attorney. He also pleaded his inability to attend the Court. The a...
Commissioner, Central Excise Vs. Karam Chand
Court: Himachal Pradesh
Decided on: Sep-26-2008
Reported in: 2009(236)ELT647,2009(1)ShimLC37
Deepak Gupta, J.1. This excise reference was admitted on the following question of law:Whether dilution of Alletherin to 3.6% by weight concentration (w/w) from 90% concentration/purity by adding deodorized K-oil as inert carrier/solvent, perfume as masking agent, DHT (Dibutyl Hydroxy Tulune) as stabilizing agent amounts to manufacture?2. To appreciate the question it would be relevant to refer to the definition of manufacture under the Central Excises and Salt Act. Manufacture has been defined in Section 2(f) of the Act as follows:2(f) 'Manufacture' includes any process,--(i) incidental or ancillary to the completion of a manufactured product; and(ii) which is specified in relation to any goods in the Section or Chapter notes of the Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) as amounting to manufacture.And the word 'manufacturer' shall be construed accordingly and shall include not only a person who employs hired labour in the production or manufacturer of excisable g...
Leela Thakur Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Sep-26-2008
Reported in: (2009)IIILLJ410HP,2009(1)ShimLC91
Rajiv Sharma, J.1. The brief facts necessary for the adjudication of this petition are that the Labour Inspector under the Payment of Wages Act, 1936, Labour Circle, Solan, Himachal Pradesh filed an application under Section 15(2) of the Payment of Wages Act, 1936 in the Court of Commissioner under the Payment of Wages Act on 20.4.1993. The Commissioner vide order dated 8.10.1996 directed the petitioner to pay a sum of Rs. 45,357/- and Rs. 525/- as costs. The respondent No. 2 moved an application for the recovery of delayed wages from the petitioner in case No. 1/13-A-93. The Commissioner vide letter dated 19th January, 1998 referred the matter to the Judicial Magistrate 1st Class, Arki under Section 15(5)(b) of the Payment of Wages Act, 1936. The Additional Chief Judicial Magistrate, Arki, District Solan vide order dated 5.10.2001 after disposing of the objections filed by the petitioner under Order 21 Rule 58 of the Code of Civil Procedure issued warrant of sale for attaching the pro...
Prem Bahadur Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Sep-26-2008
Reported in: 2009(1)ShimLC65
Deepak Gupta, J.1. This appeal is directed against the judgment dated 18.3.2005 delivered by the learned Sessions Judge, Kullu in Sessions Trial No. 58 of 2004, whereby the appellant/accused has been convicted of having committed an offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1 lac. In default of payment of fine, he has been directed to undergo rigorous imprisonment for four years.2. The brief facts relevant for decision of the case are that Inspector/SHO Jagdish Chand (PW 6) along with Head Constable Mohar Singh (PW 2) and Constable Ajay Kumar (PW 5) had gone in a Government vehicle to a place known os '16 Miles' for patrolling duty. At about 4.30 p.m., two persons came from the side of Pangan. On seeing the police party, these persons suddenly turned back and tried to run away. They were over-powered by th...
Deepti Sharma and ors. Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Sep-26-2008
Reported in: 2008(3)ShimLC222
Jagdish Bhalla, C.J. and Kuldip Singh, J.1. This judgment shall dispose of CWP Nos. 1231, 1003, 1013, 1080, 1109, 1179, 1189, 1405, 1412, 1428 of 2008, as common question of law involved in all the writ petitions is about the arbitrariness and validity of Ordinance 3.3(A) of the First Ordinance of H.P. University 1973 (for short, Ordinance) and 2008-09 prospectus of Himachal Pradesh University (for short, University) in fixing upper age limit for admission to Bachelor of Education (B.Ed.) course.2. The grievance of the petitioners is that they want to join B.Ed. course for the session 2008-09 for which the University has issued prospectus. According to prospectus boys candidates should not be more than 26 years and girls 28 years under general category on 1.7.2008. The eligibility for applying to B.Ed. course as per prospectus 2008-09 (Annexure P-2 in CWP No. 1231 of 2008) is as follows:3. ELIGIBILITY FOR APPLYING TO THE COURSE The candidates who wish to apply for the regular course in...
Narinder Kumar and Anr. Vs. Hon'ble High Court of Himachal Pradesh and ...
Court: Himachal Pradesh
Decided on: Sep-24-2008
Reported in: 2008(3)ShimLC464
Rajiv Sharma, J.1. Mr. Tarlok Chauhan has submitted at the threshold that since petitioner No. 2 has already been selected to the post of Clerk, he has instructions not to press this petition on his behalf. The present petition now will be treated to be filed only by petitioner No. 1 Narender Kumar.2. The brief facts necessary for the adjudication of this writ petition are that respondent No. 2 issued an advertisement whereby the applications were invited from the eligible candidates for the appointment of Clerks in the Civil and Sessions Division, Mandi. The petitioner submitted an application for getting his candidature considered for the post of a Clerk. The written examination was conducted on 22nd August, 2004. He also appeared in the interview on 29.10.2004 pursuant to call letter dated 16th October, 2004. In sequel to the selection process initiated by respondent No. 2 initially 5 persons were appointed as Clerks in the month of November, 2004. The petitioner was offered appoint...
National Insurance Company Limited Vs. Kanta Devi and ors.
Court: Himachal Pradesh
Decided on: Sep-23-2008
Reported in: 2009(1)ShimLC8
Rajiv Sharma, J.1. These FAOs are directed against the order dated 6.4.2004 passed by the Commissioner, under Workmen's Compensation Act (SDM), Nalagarh, District Solan in case No. 17/2002. Since common questions of law and facts are involved in these appeals, these were heard together and are being decided by a common judgment.FAO (WCA) No. 465/2004:2. The brief facts necessary for the adjudication of this appeal are that the application was filed by respondents No. 1 to 3 before the Commissioner seeking compensation on account of death of Jeet Singh in accident on 10.10.2001. The case set out in the claim petition was that when the deceased was plying the truck bearing No. HP-51-2580 from Chandigarh to Nathpa in Kinnaur District and when it reached at Nathpa, the deceased felt tiredness due to long drive and became unconscious and he was taken to hospital at Bhabanagar, but unfortunately, he died. Sh. Jeet Singh was employed as a workman with respondent No. 4. He was being paid Rs. 3...
Suresh Kumar Dogra Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Sep-23-2008
Reported in: 2009(1)ShimLC113
Deepak Gupta, J.1. The following interesting question of law arises for decision in the present case:Whether an authority presiding over a meeting convened to consider a no confidence motion under Section 129 of the H.P. Panchayati Raj Act, 1994 has the right to cast a casting vote in case equal votes are cast in favour and against the no confidence motion.2. The brief facts necessary for decision of the case are that the petitioner was elected as Chairman of the Panchayat Samiti, Hamirpur in the elections held on 14.1.2006. On 30.1.2008, a notice of no confidence motion was moved against the petitioner by the Vice-Chairman of the Panchayat Samiti. The said notice was signed by 9 out of the total 15 members comprising the Panchayat Samiti. On the said notice being issued, a meeting was convened by the Vice-Chairman of the Panchayat Samiti to discuss the no confidence motion against the Chairman. The meeting was fixed for 7th February, 2008 in the office of the Block Development Officer...
National Insurance Company Limited Vs. Lata Devi and ors.
Court: Himachal Pradesh
Decided on: Sep-22-2008
Reported in: [2009(121)FLR111],2009(1)ShimLC16
Rajiv Sharma, J.FAO (WCA) No. 335/2003:1. This FAO has been filed against the award dated 8.10.2002 passed by the Commissioner, under Workmen's Compensation Act (SDM), Sundernagar, District Mandi in case No. 14.2. The brief facts necessary for the adjudication of this appeal are that respondents No. 1 to 3 filed a claim petition before the Commissioner on 30th December, 1999 after the death of Sh. Chaman Lal son of Sh. Dundi Ram, resident of village Beena, Post Office Kalahod, Tehsil Sundernagar. The case set out in the petition is that Sh. Chaman Lal deceased was working as a driver under respondents No. 4 to 6. The tractor met with an accident on 6.11.1999 resulting in the death of Chaman Lal on the spot. The date of birth of Chaman Lal was 4.6.1967 and according to the averments contained in the claim petition, he was being paid a sum of Rs. 2,000/- per month as wages by respondents No. 4 to 6. The claimants claimed that they were dependent upon the income of Chaman Lal. They claime...
Vineh Kumar and Kamlesh Kumar Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Sep-22-2008
Reported in: 2008(3)ShimLC364
Deepak Gupta, J.1. Both these appeals are directed against the judgment of the learned trial Court whereby the appellants have been convicted for having committed offences punishable under Sections 18(b) and 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the NDPS Act) and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lacs each and in default of payment of fine to undergo rigorous imprisonment for a period of 2 years.2. The relevant facts, necessary for decision of the case are that PW-1 HHC Sher Bahadur was on patrol duty on 21.7.2003. He received secret information that the two accused Vineh Kumar and Kamlesh Kumari are dealing in contraband drugs and had both gone on scooter No. HP-19-3931 towards Nadaun to bring opium and Charas. He accordingly informed PW-12 ASI Harbans Lal about the information. Statement of this witness Ext.PW-1/A was recorded under Section 154 Cr.P.C.3. According to the Investig...
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