Himachal Pradesh Court February 2009 Judgments

Yudhbir Singh Vs. State of H.P.

Court: Himachal Pradesh

Surinder Singh, J.1. Heard.2. The present petition has been filed for quashing the FIR No. 111/91 registered on 16.9.1991 under Section 380 of the Indian Penal Code in Police Station Amb, District Una (H.P.).3. Precisely, the facts giving rise to the present petition are that on 9.9.1991, Police received an information that accused Ram Swaroop in FIR No. 88 of 1991 dated 9.9.1991 registered in Police Station Gagret was in possession of huge quantity of Aluminum wires, which was a stolen property. On this information a ruqua was sent to the police station and FIR No. 88 of 1991 was registered. Police conducted the raid in the shop of Ram Swaroop where the alleged wires were kept by him. Suridner Pal and Milkhi Ram were joined as independent witnesses. During the raid in the shop of said Ram Swaroop, police recovered two gunny bags, containing Aluminum wires weighing about 75 kg in one bag and 30 kg in the another, as such Ram Swaroop was arrested. During his interrogation, he is alleged...

State of H.P. Vs. J.C. Gupta

Court: Himachal Pradesh

Reported in: 2009(1)ShimLC449

Surjit Singh, J.1. State has filed this appeal, under Section 39 of the Arbitration Act, 1940, against the order dated 10.8.2001, passed by Learned District Judge, Mandi, thereby dismissing the objections under Sections 30 and 33 of the Arbitration Act, 1940, filed by the appellant, with the observation that the same are not maintainable.2. Relevant facts may be noticed. Appellant asking through Executive Engineer, PWD, Sundernagar awarded some work to the respondent. Written agreement was executed. Clause (25) of the agreement provided for adjudication of the dispute, that may arise between the parties, by the arbitration. The clause, inter-alia, provided that the arbitration proceeding would be governed by Arbitration Act 1940 or any other statutory modification or re-enactment thereof and the rules made thereunder. This agreement was executed some time in the year 1985. A dispute arose between the parties and reference was made to the Arbitrator in November 1994. Arbitrator gave his...

Smt. Bimla Devi Vs. State of H.P. and ors.

Court: Himachal Pradesh

Reported in: AIR2009HP73

ORDERSanjay Karol, J.1. Plaintiff's suit for recovery of Rs. 5,00,000/- as compensation on account of failure of sterilization operation allegedly due to medical negligence on the part of the doctors of the State stands dismissed. The said judgment and decree dated 16th July, 2002 passed by the District Judge, Bilaspur, H.P. in Civil Suit No. 8 of 1999 titled as Smt. Bimla Dei v. State of H. P. and Ors. has been assailed by the plaintiff.2. The plaintiff filed a suit under Order 33 Rule 1, C. P. C. claiming compensation of Rs. 5,00,000/- alleging that:(i) She is resident of village Rajpura and married to Sh. Babu Ram. After giving birth to two children she and her husband decided to undergo sterilization operation;(ii) At the instance of the Chief Medical Officer she got herself operated for tubectomy on 7th January, 1985 in Primary Health Centre, Markand. The operation was carried out by Dr. Inder Singh; Block Medical Officer, Markand. Certificate of operation bearing No. 5666 was iss...

Shri Madan Lal Sharma Vs. H.P. Khadi and Village Industries Board

Court: Himachal Pradesh

Reported in: 2009(2)ShimLC47

Sanjay Karol, J.1. Original Application being OA No. 5/96 was filed before the erstwhile H.P. Administrative Tribunal at Shimla, inter alia, praying for following reliefs:It is, therefore, respectfully prayed that:(i) the impugned dismissal order dated 15.6.1995 may kindly be quashed and set aside. After quashing the impugned order, the respondent be directed to work out and pay the terminal benefits after his retirement;(ii) that an appropriate writ, order or direction as this Hon'ble Tribunal may deem just and proper in the facts and circumstances of the case may also kindly be issued/passed and justice be done;(iii) that record of this case may also kindly be summoned and perused at the time of hearing of this writ petition.The Original Application was transferred to this Court and re-numbered as CWP (T) No. 2953 of 2008.2. The facts relevant for determination of the present petition are as under:The petitioner was employed temporarily with H.P. Khadi and Village Industries Board (h...

Sunita Devi Vs. Shri Lala

Court: Himachal Pradesh

Reported in: AIR2009HP52,2009(1)ShimLC478

Sanjay Karol, J.1. The appellant wife has assailed the judgment and decree dated 1st March, 2004 passed by District Judge, Bilaspur, in HMA Petition No. 23 of 2002, titled as Shri Lala v. Smt. Sunita.2. The petition filed by the husband under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 stands allowed and the marriage between the parties dissolved.3. The respondent-husband filed a petition for divorce against the appellant-wife. For the sake of convenience the wife is referred to as the appellant and the husband as the respondent.4. Brief facts for adjudication of the present appeal are as under:The respondent filed a divorce petition alleging that some time in 1980 the parties were married as per Hindu rites and rituals. One son and one daughter were born out of the wedlock. Certain dispute having arisen between the parties, according to the respondent, the appellant left the matrimonial house without any rhyme or reason in the year 1989-90. Since then the parties have b...