Himachal Pradesh Court April 2009 Judgments

State of H.P. Vs. Sukhdev Singh

Court: Himachal Pradesh

Reported in: 2009(2)ShimLC157

Surinder Singh, J.1. The present reference has been made by the Judicial Magistrate, 1st Class, Court No. 1, Hamirpur to this Court on the following question of law arising in the case pending before him in Cases No. 92-II/97, 93-II/97 and 94-II/97 titled as State of H.P. v. Sukh Dev Singh.What procedure is to be adopted by the Court, when the original record has been destroyed or is not capable of being reconstructed?2. The accused is facing trial under Section 408 of the Indian Penal Code in three cases. Precisely the facts are that the accused was as Secretary of 'Chauri, Co-operative Agricultural Service Society Limited', Tehsil Sujanpur District Hamirpur, H.P. During the audit inspection it was detected by Shri Balam Singh and Sh. Kali Ram that the accused had misappropriated the funds of the society to the tune of Rs. 1,04,099.93. The investigation was conducted and sufficient material was found for filing the charge-sheet against him for the commission of the said offence. The c...

Vijay Sood Vs. State of Himachal Pradesh

Court: Himachal Pradesh

Reported in: 2009CriLJ1530

Surinder Singh, J.1. The appellant has challenged his conviction and sentence, passed as hereunder by the learned trial court under Sections 376, 506 and 292 of the Indian Penal Code:Sl. No. Offence Under Sentence Section1. Under Section Rigorous Imprisonment for a period of seven376 IPC years and to pay a fine of Rs. 50,000/- andin default of payment of fine, to furtherundergo simple imprisonment for one year. 2. Under Section Rigorous Imprisonment for a period of one506 IPC year and to pay a fine of Rs.10,000/- andin default of payment of fine, furtherundergo simple imprisonment for three months.A-PROSECUTION CASE.2. The factual matrix of the case, which has given rise to the present appeal is that the accused-appellant though resident of Hoshiarpur (Punjab) but was supervising the house of his Uncle Deen Dayal Sood in village Ambota, in District Kangra, H.P. in the month of May, 2003 near the house of the prosecutrix, at that time she was stated to be 16 years of age, studying in 10...

State of Himachal Pradesh Vs. Arjun Singh and ors.

Court: Himachal Pradesh

V.K. Ahuja, J.1. This is an appeal filed by the State of Himachal Pradesh under Section 378 of the Cr.P.C. against the judgment of the court of learned Sessions Judge, Kangra at Dharamshala, dated 16.3.1994, vide which the respondents were acquitted of the charge framed against them under Sections 302 read with Section 34 of the Indian Penal Code and under Sections 25 and 27 of the Arms Act.2. The prosecution story in brief is that on 9.5.1993 at 3.05 a.m., a report was lodged with the police by one Mohinder Singh in which he alleged that on 8.5.1993 at about 9.15 p.m., Arjun Singh accompanied by his Bhanja came to the house of his brother Kuhku Ram, who were having guns with them and they asked his brother to accompany them since they had some work with him. His brother told them to talk at the house itself but they asked him to accompany them since it could not be talked there. On this, his brother accompanied Arjun Singh and his nephew. Thereafter, his brother's wife Rano Devi asked...

Sunil Kumar Vs. State of Himachal Pradesh and ors.

Court: Himachal Pradesh

Deepak Gupta, J.1. Reply on behalf of respondents No. 1 and 2 has already been filed. Respondent No. 3 has filed reply in the Court. Keeping in view the nature of the dispute, we feel that it would be appropriate to decide the matter at the admission stage itself without issuing notice to the private respondents since we do not propose to pass any order which will affect the rights of the private respondents.2. Briefly stated the case of the petitioner is that he applied for admission to the JBT Course as a Scheduled Caste candidate. The petitioner alleges that respondents No. 4 and 5, who also belong to the scheduled castes, have obtained only 61 marks in the admission test and they have been granted admission, whereas he has been denied admission though he has scored 62 marks in the test and is placed higher in the merit than the said respondents.3. Reply of the State is simple. According to the State, it makes the admissions strictly in accordance with the merit list sent by respond...

New India Assurance Company Vs. Smt. Chanan Kaur and ors.

Court: Himachal Pradesh

Deepak Gupta, J.1. This appeal under Section 173 of the Motor Vehicles Act is directed against the award dated 4.6.2005 passed by the learned Motor Accident Claims Tribunal-I, Sirmaur District at Nahan (hereinafter referred to as 'the Tribunal), in MAC Petition No. 58- MAC/2 of 2004 whereby the learned Tribunal has awarded compensation of Rs. 3,10,000/- in favour of the claimants alongwith interest at the rate of 9 per cent per annum from the date of filing of the claim petition till the date of deposit and has further held that the appellant-Insurance Company is liable to pay the said compensation.2. The facts, in brief, are that the respondents No. 1 to 5 (hereinafter referred to as the 'claimants') are the widow, three major sons and one married daughter of late Shri Wazir Singh. They filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act') claiming compensation for the death of Shri Wazir Singh. It was alleged in the claim peti...

National Insurance Company Ltd. Vs. Smt. Raj Devi and ors.

Court: Himachal Pradesh

Kuldip Singh, J.1. The insurer of vehicle No. HP-01-1879 has come in appeal against award dated 16.10.2004 passed by learned Motor Accident Claims Tribunal, Kinnaur Division at Rampur Bushahr in MAC Petition No. 34 of 2003.2. The respondents No. 1 to 6 widow, daughter, son and parents had filed claim petition claiming Rs. 10,00,000/- compensation on account of death of Yogi Chand due to injuries sustained by him in an accident on 29.10.2002 involving vehicle bearing Whether the reporters of the local papers may be allowed to see the Judgment? registration No. HP-01-1879. The further case of respondents No. 1 to 5 is that Yogi Chand boarded vehicle No. HP-01-1879, which was owned by respondent No. 6 at the relevant time. The accident was caused due to rash and negligent driving of the driver as a result of which the vehicle went out off National Highway-22 near Purwani Jhula at about 11.00 a.m. Yogi Chand received fatal injuries in the accident. The respondents No. 1 to 5 were dependant...

Mangat Ram Vs. State of H.P. and anr.

Court: Himachal Pradesh

Kuldip Singh, J.1. The appellant was plaintiff and has come in appeal against judgment, decreed 27.7.1998 passed by learned Addl. District Judge-1, Kangra at Dharamshala in Civil Appeal No. 49-K/97, affirming judgment, decree dated 26.5.1997 passed by learned Sub Judge Ist Class, (II) ,Kangra in Civil Suit No. 3391/97.2. The appellant had filed a suit for declaration that he is owner in possession of land comprised in khasra Nos. 451/1, 448/1, 441/1, 440/1, 439/1, 471/1 and khasra Nos. 447, 446, 438, measuring 0-06-90 hects. situated at Mohal Dhugial, Mauza Daulatpur, Tehsil and District Kangra vide jamabandi 1982-83 with consequential relief of prohibitory injunction and in the alternative for possession of the suit land.3. The further case of the appellant is that he was owner of pre-settlement khasra Nos. 187, 194 and 193. The current settlement was wrongly conducted and during current settlement the suit land was wrongly recorded in the ownership and possession of respondents. The ...

Lac and anr. Vs. Piru Ram Alias Piru and ors.

Court: Himachal Pradesh

Surjit Singh, J.1. By this common judgment, six appeals, filed by the Land Acquisition Collector, Kullu, against the award dated 16.4.2002 of District Judge, Kullu, are being disposed of, because all these appeals arise out of the same award as also the same acquisition proceedings.2. Facts relevant for the disposal of the appeals are like this. Government of Himachal Pradesh in Public Works Department, issued Whether reporters of the local papers may be allowed to see the judgment? a notification, under Section 4 of the Land Acquisition Act, for acquisition of certain land belonging to different persons and situate in Phati Balh, Kothi Maharaja, Tehsil and District Kullu, for the purpose of construction of Mohal-Chhoil, Khokhan-Bajaura road. Notification was published in the official gazette on 23.10.1993 and in two newspapers, one in English and another in vernacular on 5.11.1993. Thereafter notification, under Sections 6 and 7 was issued and published on 24.12.1994. Land of the resp...

i.T.C. Limited Vs. State of H.P.

Court: Himachal Pradesh

Reported in: 2009(2)ShimLC145

Surinder Singh, J.1. The present petition has been directed against the order dated 6th November, 2006 passed by the learned Chief Judicial Magistrate in Complaint No. 1/3 of 05/04, whereby the petitioner company has been summoned as an accused under Section 20-A of the Prevention of Food Adulteration Act, in short 'The Act'.2. Record was sent for. The matter is short and is already covered by the various judgments of this Court. Thus can be disposed of at this stage.Heard.3. The undisputed facts are that on 12th August, 2004, the Food Inspector (respondent No. 2) visited the shop of accused Sanjay Kumar (respondent No. 3) and purchased 1500 grams of 'Atta' from a sealed bag of 'Ashirwad Atta' brand, for its analysis by taking three samples under the Act. One of the sample was sent to Public Analyst Kandaghat for its examination. As per the report, on its examination the Public Analyst found alcoholic acidity of 0.21 % as against the maximum prescribed standard of 0.18 %, thus after se...

State of Himachal Pradesh Vs. Moti Sagar and ors.

Court: Himachal Pradesh

Kuldip Singh, J.1. The respondents were prosecuted in criminal case No. 71- 1/1996 for having committed offence punishable under Sections 147, 149, 323, 325 IPC but were acquitted by the learned Chief Judicial Magistrate, Hamirpur on 30.7.2001, hence the State has filed the present appeal.2. The prosecution case, in brief, is that FIR Ex.PA was got registered by PW-1 Dev Raj on 23.12.1995 wherein it has been stated that in the election of Nagar Panchayat, Amar Nath, Moti Sagar, Tilak Raj and Dina Nath were the candidates for the office of Vice-President, he supported Amar Nath. The result was declared on 22.12.1995 and Amar Nath was declared elected as Vice-President. After declaration of result, Moti Sagar along with his supporters went to his home. The complainant had also went to his village along with other villagers. At place Balongni, he had talk with Roshan Lal S/o Sh. Prabha Ram, Shrawan Kumar, Hans Raj and Ramesh Chand who was elected as President. The other villagers left for...