Himachal Pradesh Court April 2009 Judgments

Krishan Kumar Sharma Vs. Waryam Singh and ors.

Court: Himachal Pradesh

Deepak Gupta, J.1. The aforesaid four appeals are being disposed of by a common judgement since they arise out of one accident. The claimants Waryam Singh and Raj Kumar filed two separate claim petitions. The allegations made in these claim petitions were that on 14th June, 2000 they were engaged as labourers and were travelling in truck No. HP-20-0199 as labourers. This truck met with an accident due to the rash and negligent driving of respondent No. 1, Surinder Kumar, alleged to be the driver of the truck. The truck was owned by Krishan Kumar Sharma. The driver contested the claim petitions. He took up two pleas. His first plea was that in fact he was not the driver of the truck on the day when the accident occurred. According to him, he had already left the job of respondent No. 2 and had joined service at Kumarsain or at Shimla. He also simultaneously took up the plea that he had been instructed by the owner not to ply the vehicle till all documentation was completed. Respondent N...

State of H.P. Vs. Ram Lal

Court: Himachal Pradesh

Kuldip Singh, J.1. This appeal has been directed against the judgment, decree dated 25.8.1998 passed by learned District Judge, Bilaspur in Civil Appeal No. 93 of 1992, reversing judgment, decree dated 24.8.1992 passed by learned Sub Judge Ist Class, Ghumarwin, in Case No. 143-1 of 1988.2. The facts, in brief, are that respondent had filed a suit for declaration that he is owner in possession of suit land comprised in khata khatauni No. 345 min/445, khasra No. 390, situated in village Sunhani, Tehsil Ghumarwin, District Bilaspur, measuring 1-18 bighas. The respondent had claimed title on the suit land on the basis of adverse possession since the time of his forefather which is recorded in revenue record also. It has also been pleaded that the possession of the respondent is open, peaceful and without any interruption for more than 50 years and was hostile. The patwari halqua threatened to dispossess the respondent and therefore, he served a notice under Section 80 CPC and filed suit on...

State of Himachal Pradesh Vs. Ram Nath 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, Hamirpur, dated 25.4.1994, vide which the respondents were acquitted of the charge framed against them under Sections 498-A and 306 of the Indian Penal Code. The respondents are the husband, mother-in-law and sister-in-law of the deceased Sunita Devi.2. The prosecution story in brief is that the marriage of Sunita Devi alias Rattni Devi, daughter of Ram Dayal, was solemnized with respondent No. 1 on 21.2.1985. A son was born from this wedlock on 9.8.1987. However, the deceased consumed tablets of insecticides in the house of the respondents on 21.9.1990 and died on the next day in the hospital at Barsar. A report in writing was submitted by PW-1 Ram Dayal, father of the deceased, on 22.9.1990 to the Station House Officer, Police Station, Barsar alleging therein that when his daughter Sunita Devi used to visit his house, ...

State of H.P. Vs. Nagu Ram

Court: Himachal Pradesh

Deepak Gupta, J.1. This appeal is directed against the judgement of the learned Additional Sessions Judge, Mandi, District Mandi in Sessions Trial No. 25 of 1993, decided on 2.6.1994 whereby he acquitted the accused of having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter, referred to as the 'NDPS Act').2. Briefly stated the facts of the case are that on March 28, 1993 PW/10 Chaman Lal, SHO, Police Station, Sundernagar was on Mela duty alongwith PW/4 LHC Dharam Chand and left the Police Station to go to Bhojpur where a fair was being held. When they reached Chatrokhari chowk at about 1.45 p.m., they met PW/1 Sh. R.S. Negi, Dy. S.P. All of them proceeded to Bhojpur. When they were near the PWD workshop, the accused was seen walking ahead with the bag Ext.P/1 on his shoulder. On seeing the police party, the accused got scared and tried to run away. This aroused the suspicion of the police officials and the accused...

Union of India (Uoi) and ors. Vs. Kesar Singh and ors.

Court: Himachal Pradesh

1. Present writ petition under Articles 226 and 277 of the Constitution of India has been filed by the Government of India and others, seeking judicial review of order dated 19th September, 2003, whereby allowing the original application of respondents (numbering 37), a direction has been given to the writ petitioners to reconsider the claim of the respondents for grant of higher pay scale of Rs. 4000- 6000, on the basis of recommendation of 5th Central Pay Commission particularly in the light of observation made in para 69.31 of the Commission report.2. Facts relevant for the disposal of the petition may be noticed. Prior to the implementation of the 5th Central Pay Commission report w.e.f. 1.1.1996, respondents, who are employed as Laboratory Assistants in Central Research Institute, Kasauli, were getting pay scale of 975-1540. Their counterparts in National Malaria Eradication Programme Institute, National Institute of Communicable Diseases, All India Institute of Hygiene and Public...

State of H.P. Vs. Man Singh

Court: Himachal Pradesh

Deepak Gupta, J.1. This appeal is directed against the judgment dated 26.5.1994 passed by the learned Sessions Judge, Shimla in Sessions Trial No. 51-S/7 of 1993, whereby he acquitted the accused of having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( hereinafter referred to as the Act).2. The prosecution case, in brief, is that on 24.12.1992 PW-5 Dy.S.P. Sunder Lal received secret information that one Man Singh accused had come to Shimla with contraband. Then he formed a raiding party and joined PW-3 S.I. Joginder Singh. Accused was apprehended outside Duke Hotel below Kalibari Mandir. One Purshotam PW-2 who was receptionist in the said hotel was associated with the further proceedings. The bag of the accused was searched and was found to contain 1 k.g. 650 gms. of charas. Two samples weighing 25 gms each were drawn. The two samples and the remaining bulk charas were sealed with seal 'K' and seal was handed over to PW-2....

Smt. Shanti Devi Vs. Union of India (Uoi) and ors.

Court: Himachal Pradesh

Surjit Singh, J.1. Petitioner seeks judicial review of order dated 29th October, 2004, passed by Central Administrative Tribunal, Chandigarh Bench, in Original Application No. 949-HR of 2004, whereby her prayer for quashing the order of her reversion, Annexure A-4, dated 13th October, 2004, has been dismissed.2. Admitted facts are like this. Petitioner Shanti Devi was working as Assistant in Regional Research Centre at Shimla. In the year 2003, one post of Assistant Administrative Officer, to be filled from amongst the Assistants working in the said Research Centre, fell vacant. Departmental Promotion Committee meeting was held for promoting one of the Assistants working in the said Research Centre to the said vacant post of Assistant Administrative Officer. There was an Assistant senior to the petitioner against whom departmental proceedings were pending, at that time. His name was Roshan Lal. Said Roshan Lal and the petitioner, and perhaps some more Assistants working in Research Cen...

The Land Acquisition Collector Vs. Munshi Ram and ors.

Court: Himachal Pradesh

Sanjay Karol, J.1. All these appeals arise out of the common award dated 14.01.2004, passed by the learned District Judge, Bilaspur, H.P. in Land Reference Petition No. 1 of 2001 titled Bansi Ram and Ors. v. The Land Acquisition Collector Bilaspur, H.P., Land Reference Petition No. 2 of 2001 titled Khazana Ram v. The Land Acquisition Collector Bilaspur, H.P., Land Reference Petition No. 3 of 2001 titled Ganga Ram v. The Land Acquisition Collector Bilaspur, H.P., Land Reference Petition No. 4 of 2001 titled Prabhu Ram through LRs Jeet Ram and Ors. v. The Land Acquisition Collector Bilaspur, H.P., Land Reference Petition No. 5 of 2001 titled Munshi Ram and Ors. v. The Land Acquisition Collector Bilaspur, H.P., Land Reference Petition No. 6 of 2001 titled Rup Lal and Ors. v. The Land Acquisition Collector Bilaspur, H.P., Land Reference Petition No. 7 of 2001 titled Sita Ram and Ors. v. The Land Acquisition Collector Bilaspur, H.P. 2. All petitions were consolidated and the Land Reference ...

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

Court: Himachal Pradesh

Reported in: 2009(2)ShimLC72

1. The respondents were prosecuted for offence, punishable under Sections 451, 323, 506 read with Section 34 IPC and were acquitted by learned Judicial Magistrate Ist Class, Manali, Distt. Kullu, in Criminal Case No. 81-1/99/125-II/2000 on 7.3.2002.2. The prosecution case, in brief, is that the statement Ex. PA of PW 2 Sohan Singh was recorded under Section 154 Cr,P.C. The complainant in his statement, under Section 154 Cr.P.C. has stated that on 3.1.1999 at about 9.30 a.m. when he was attending his apple trees in the orchard, Nishant came in the orchard and started fiddling with his fence, he asked him not to fiddle with the fence, on this Nishant gave a fist blow on his face, Swatantar Singh also came there and separated the complainant and Nishant. Thereafter Nishant and Swatantar Singh left for their homes and the complainant also came in his home. Nishant and Swatantar Singh are the nephews of the complainant. Both the parties have joint land and house. The complainant was in the ...

Harnam Singh Vs. State of H.P.

Court: Himachal Pradesh

Surinder Singh, J.1. The petitioner faced the trial in Criminal case No. 24-11/2001, under Sections 279 and 304-A of the Indian Penal Code arising out from FIR No. 21 of 2001 dated 22.01.2001, registered at Police Station, Shahpur, District Kangra, H.P. he was convicted for the above offences and sentenced to undergo rigorous imprisonment for 3 months and to pay a fine of Rs. 500/- under Section 279 of the Indian Penal Code and also to undergo rigorous imprisonment for 6 months and to pay a fine of Rs. 1000/- for the offences punishable under Section 304-A of the Indian Penal Code.2. Both the sentences were ordered to run concurrently. Whether reporters of the Local papers are allowed to see the judgment?3. The petitioner fell aggrieved by his conviction and sentence filed this appeal No. 28-D/X-2001, which was dismissed by the learned Sessions Judge and now the petitioner has assailed the Judgment of conviction and sentence in this the Revision Petition on the grounds that the petitio...