Himachal Pradesh Court May 2009 Judgments

Kanshi Ram Vs. Union of India (Uoi) and ors.

Court: Himachal Pradesh

Reported in: AIR2009HP91,2009(2)ShimLC252

Surjit Singh, J. 1. Challenge has been thrown in this petition under Article 226 of the Constitution of India to the provision of Section 3-A of the Himachal Pradesh Motor Vehicle Taxation Act, 1972 and notification dated 23rd December, 1999 (Annexure PD), issued under Sub-section (1) of Section 3-A of the Himachal Pradesh Motor Vehicle Taxation Act, 1972, by the Government of Himachal Pradesh. The aforesaid provision of Himachal Pradesh Motor Vehicle Taxation Act, 1972 and the notification dated 23.12.1999 are sought to be declared as ultra vires and further prayer has been made for quashing and setting aside the order dated 5.7.2004 (Annexure PM), passed by Secretary, State Transport Authority-cum-Appellate Authority, whereby the petitioner has been called upon to pay road tax at the rate prescribed for National Highway.2. Relevant facts are like this. Petitioner is a permit holder for plying buses on two routes, i.e. Mandi-Kumarda road and Mandi-Dharampur road. When the permits were...

Ajeet Singh Rana and anr. Vs. State of H.P. and ors.

Court: Himachal Pradesh

Per Surjit Singh, J.1. Petitioners have approached this Court for judicial review of the order, dated 30th June, 2006, passed by the learned State Administrative Tribunal, in Original Application No. 1764 of 1995, by means of the present writ petition, under Articles 226 and 227 of the Constitution of India. The said Original Application had been filed by Jagdish Chand Chauhan and Devender Kumar, respondents No. 3 and 4, herein.2. Facts, which led to the filing of the Original Application before the State Administrative Tribunal, may be noticed. Prior to 1st November, 1966, Union Territory of Himachal Pradesh had a cadre of Inspectors, Food and Supplies. There were no posts of Sub Inspectors in the Department of Food and Supplies. On and with effect from 1st November, 1966, on account of reorganization of the erstwhile State of Punjab, some Sub Inspectors, working in the erstwhile State of Punjab, were allocated to Himachal Pradesh. There being no posts of Sub Inspectors in Himachal Pr...

State of H.P. and anr. Vs. Mohan Singh Shandil

Court: Himachal Pradesh

Surjit Singh, J.1. By this judgment, we are disposing of two appeals, i.e. Arbitration Appeals No. 5 and 6 of 2006, because both of them not only arise out of the same order of the learned Single Judge, but also raise similar questions.2. We may first notice the relevant facts. Respondent, Mohan Singh Shandil, had been awarded two works by separate contracts for construction of Type-VI residences, by the State of Himachal Pradesh, through Executive Engineer, Shimla Division No. 2, HP PWD, Shimla. Clause 12 of the agreement in both the cases provided for payment of items of work, which were not covered by the agreement, but which the Engineer-in- Charge might require the contractor to execute. Clause 12 in both the contracts is verbatim. The same is reproduced below for ready reference:CLAUSE 12.-The Engineer-in-Charge shall have power to make any alterations in, omissions from additions to or substitutions for, the original specifications, drawings, designs and instructions, that may a...

Sandeep Sharma and ors. Vs. Smt. Kusum Lata and ors.

Court: Himachal Pradesh

Reported in: 2009(2)ShimLC246

Dev Darshan Sud, J.1. This appeal has been preferred by the respondents against the award passed by the learned Motor Accident Claims Tribunal-(II), Kangra at Dharamshala, Camp at Hamirpur, awarding a sum of Rs. 2,38,600 alongwith interest for the death of Ashit Gaurav, who died in an accident on 28.6.2001 while he was riding on a Motorcycle No. HP-22-7396, which was being driven by Sachin Sharma, appellant No. 2 herein, (who will hereinafter be referred to as 'Sachin').2. The claimants are the father, mother and younger brother of the deceased. It was pleaded that on 28.6.2001 at about 2.30 p.m., Sachin Sharma, came to the business premises of the deceased and his father, situated in Churg Mohalla, Sujanpur. He was driving Motorcycle No. HP-22-7396 and asked the deceased to accompany him to the petrol pump at Alampur where he wanted to buy petrol for his Motorcycle. The deceased rode as a pillion rider. When they reached near the PWD Rest House, Sujanpur, Sachin lost control of the Mo...

Joginder Kumar Vs. State of Himachal Pradesh

Court: Himachal Pradesh

V.K. Ahuja, J.1. This is an appeal filed by the appellant through jail against the judgment, dated 28.9.2006, of the court of ld. Sessions Judge, Chamba, vide which the appellant was held guilty under Sections 302 and 506 of the Indian Penal Code and was convicted and sentenced as under:Under Section 302 IPC: Imprisonment for life and to paya fine of Rs. 10,000/-. In defaultof payment of fine, to undergorigorous imprisonment for afurther period of two years.Under Section 506 IPC: Rigorous imprisonment for oneyear.2. Both the sentences were to run concurrently.3. The prosecution story in brief is that on 6.2.2004, at about 12.05 p.m., a telephonic message was received at Police Station, Sadar, Chamba from one Manjit Kumar that one Joginder Kumar has murdered his son and further proceedings be conducted in this regard. This information was entered in rapat rojnamcha No. 9, dated 6.2.2004, by the Inspector/SHO Khub Ram, who proceeded to the spot alongwith other police officials. He reache...

Anita Kumari and ors. Vs. Kulwant Singh and ors.

Court: Himachal Pradesh

Reported in: 2009(2)ShimLC240

Kuldip Singh, J. 1. This judgment shall dispose of FAO No. 344 of 2002 and Cross-objection No. 505 of 2002 arising out of award dated 29.5.2002 passed by learned Motor Accident Claims Tribunal (II), Una in MAC Petition (RBT) No. 39/01/2K awarding Rs. 6,67,400 compensation to appellants along with 9% interest per annum within 45 days from the date of passing of the award, failing which interest at the rate of 12% per annum from the date of filing of the petition shall be payable. The respondents No. 1 and 2 were held liable to pay the compensation. The petition against respondent No. 3 insurer was dismissed. The amount of compensation was ordered to be apportioned as indicated in para 21 of the impugned award. The appeal has been filed for enhancement of compensation by the claimants, whereas the cross-objections have been filed by driver and owner of Jeep No. HP-55-1152 for reduction of quantum of compensation and fixing liability on respondent No. 3 insurer.2. The facts, in brief, are...

Gopal Dass and ors. Vs. Bismanchali

Court: Himachal Pradesh

Reported in: 2009(2)ShimLC250

Dev Darshan Sud, J. 1. This appeal has been preferred by the defendant against the judgment and order of the learned District Judge passed in appeal against the judgment of the learned Sub-Judge First Class, rejecting the objections preferred by the appellant-defendant herein to the report of the Local Commissioner in proceedings for passing of final decree in partition proceedings.2. In appeal, one of the grounds raised by the appellant herein was that no opportunity was given to him to lead evidence in support of the objections filed. The learned District Judge rejected this plea holding that the contention is misplaced as the Court is not required to settle any issue on the objections but what the law contemplates is for providing of adequate opportunity of hearing. The appeal was accordingly dismissed. The learned Court has gone to discuss the report of the Local Commissioner in some detail and has accepted it.3. This appeal was admitted on the following substantial questions of la...

Dalbir Mohammad Vs. State of H.P.

Court: Himachal Pradesh

Reported in: 2009(2)ShimLC235

Surinder Singh, J.1. Heard and gone through the record. The appellant was convicted by the learned trial for selling the adulterated buffaloe's milk and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 2000/-. The learned Sessions Judge in criminal appeal No. 31 of 1999, on 23.3.2002, maintained his conviction under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the 'Act'), but reduced his sentence to six months simple imprisonment from one year rigours imprisonment and maintained the fine. The appellant has challenged his conviction and sentence in this revision petition being wrong and illegal.2. In short, the facts are that in the year 1995 Shri B.S. Sidhu was Food Inspector, posted at Chamba. On 15.3.1995, in the morning at about 8 a.m., he found the petitioner selling the buffaloe's milk at the place known as 'pucca tala' located within Chamba Town. At that time, he was having 9 liters of buffaloes m...

Smt. Shakuntla Devi Vs. the State of H.P. and ors.

Court: Himachal Pradesh

Kuldip Singh, J.1. The appellant, who was plaintiff, has come in appeal against the judgement, decree dated 13.10.2003 passed by learned District Judge, Bilaspur in Civil Suit No. 1 of 2000, dismissing her suit for compensation of Rs. 4,50,000/- on account of failure her sterilization operation. The suit and the present appeal were filed by appellant as an indigent person.2. The pleaded case of appellant is that she has given birth to two children after her marriage with proforma respondent No. 3. The officers and employees of respondent No. 1 had motivated the appellant to undergo tubectomy operation and accordingly she opted Whether the reporters of the local papers may be allowed to see the Judgment? for tubectomy operation and was actually operated on 17.1.1995 at C.H.C., Bharari by one Dr. Ashwani Kumar Sharma, who assured her that the operation had been successful. The appellant had been putting up with her husband and enjoying the married life. In 1996, she developed pregnancy a...

Nand Lal and anr. Vs. State of Himachal Pradesh

Court: Himachal Pradesh

Kuldip Singh, J.1. The appellants have come in appeal against judgment dated 1.3.2002 of learned Sessions Judge, Hamirpur in Sessions trial No. 6 of 1999 convicting and sentencing them under Section 498-A IPC with a direction to undergo three years rigorous imprisonment and fine of Rs. 5000/- each, in default of payment of fine to undergo further rigorous imprisonment for a period of three months. Out of the amount of fine, Rs. 7000/- was ordered to be paid as compensation to PW-1 Roshan Lal father of the deceased.2. The prosecution case, in brief, is that on 7.2.1998 PW-1 Roshan Lal complainant had informed Police Station, Hamirpur on telephone that his daughter Seema Devi aged 19 years married to Madan Singh was found dead in the house of accused persons, he alongwith respectables of the area went there on being informed. This information was entered in rapat roznamcha vide rapat No. 3 Ex.PW-11/A. On receipt of information, PW-11 Hari Chand, SI/SHO, Police Station, Hamirpur alongwith...