Himachal Pradesh Court August 2009 Judgments
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Sat Pal Singh Bhardwaj Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Aug-28-2009
Reported in: 2009(2)ShimLC534
Kuldip Singh, J.1. The OA (M) No. 491 of 2007 was filed before H.P. Administrative Tribunal (for short, the Tribunal). The Tribunal was abolished and O.A. (M) No. 491 of 2007 was transferred to this Court in view of Himachal Pradesh Administrative Tribunal (transfer of decided and pending cases and applications) Act, 2008, and was registered as CWP (T) No. 2645 of 2008.2. The petitioner has prayed that respondents No. 1 to 3 may be directed to offer appointment to him as Trained Graduate Teacher (Science Non-Medical) from general IRDP category from retrospective date from which his junior respondent No. 4 and others were selected/appointed in 1995 batch atongwith all benefits such as seniority etc.3. The further case of the petitioner is that after completing his BSc (Non-medical), he did his B.Ed. course from University of Kashmir in September 1995. He got himself registered with employment exchange as Trained Graduate Teacher (Science Non-Medical) for appointment in H.P. Education De...
State of H.P. Vs. Bansi Lal
Court: Himachal Pradesh
Decided on: Aug-28-2009
Reported in: 2009(2)ShimLC407
Surjit Singh, J.1. State has appealed against the judgment, dated 19th April, 1994, of Sessions Court, whereby respondent Bansi Lal, who was charged with and tried for offence, under Section 376 of the Indian Penal Code, has been acquitted.2. Prosecution case, as it emerges from the evidence on record, is like this. On 3rd August, 1992, a 4-1/2 years old daughter of PW-1 Pyas Mani, accompanied by her younger sister, aged about two years, went to Balwari School, situated at a distance of half a kilometer from her home. The daughters of PW-1 Pyas Mani left the house around 9 a.m. Around 12.30 p.m., PW-1 Pyas Mani went to fetch water from a public tap, situated close to a point where two paths cross each other. When she was a little away from the tap, she saw the respondent mounted on some child. At that time he was not wearing his pants. PW-1 Pyas Mani went to the spot and saw that the child was her own daughter, aged about 4-1/2 years, who earlier, in the morning, had gone to Balwari Sc...
Sarla Devi Vs. Leela Devi
Court: Himachal Pradesh
Decided on: Aug-27-2009
Reported in: 2009(2)ShimLC404
Kuldip Singh, J.1. This appeal has been directed against the judgment, decree dated 3.12.1999 passed by learned Additional District Judge (I), Kangra at Dharamshala in Civil Appeal No. 37-D/97 affirming the judgment, decree dated 20.5.1997 passed by learned Sub-Judge 1st Class Dharamshala in Civil Suit No. 198 of 1990.2. The facts in brief are that respondent had filed a suit for possession of land conmprised in khasra No. 88/2/2/1/1, measuring 0-00-15 hectares, situated in Mohal Mant Khas, Tehsil Dharamshala, claiming herself to be the owner and alleging that appellant had occupied the suit land to the extent of 15 square meters according to the report of Kanungo dated 18.7.1990, which was confirmed on 26.7.1990 by Naib Tehsildar (Settlement), Dharamshala.3. The suit was contested by the appellant by taking preliminary objections of locus-standi, maintainability, cause of action and valuation. On merits, the case of the respondent was denied. The suit land was not properly demarcated ...
Braham Dass Vs. Sanjay Kumar and ors.
Court: Himachal Pradesh
Decided on: Aug-27-2009
Reported in: 2009(2)ShimLC511
Sanjay Karol, J.1. The claimant has assailed, the impugned Award dated 22.11.2004 passed by the Motor Accidents Claims Tribunal, Hamirpur, H.P. in M.A.C Petition No. 02 of 2001 titled as Braham Dass v. Amrit Lal and Ors. wherein the claim petition filed under Section 166 of the Motor Vehicles Act (hereinafter referred to as 'the Act') stands dismissed. The petitioner claimed compensation of Rs. 5 lacs for the injuries sustained by him in a motor vehicle accident.2. As per the pleadings, on 9.7.2000, petitioner was travelling in Jeep (Tralla) No. HP-23-2207 (hereinafter called to as the Jeep) and when the said vehicle reached at Bari Chowk, Hamirpur (H.P.) truck bearing registration No. HP-23-5457 (hereinafter called as a truck) came in a rash and negligent manner and while overtaking, hit the Jeep from behind. As a result of the accident petitioner fell down from the Jeep and sustained multiple grievous injuries on both of his legs. He undertook medical treatment initially at Primary H...
State of H.P. Vs. AmIn Chand
Court: Himachal Pradesh
Decided on: Aug-26-2009
Reported in: 2009(2)ShimLC411
Deepak Gupta, J.1. This appeal by the State is directed against the judgment of the learned Sessions Judge, Kangra at Dharmshala, in Sessions Trial No. 5 of 1994 whereby he acquitted the accused of having committed an offence punishable under Section 376 IPC.2. The prosecution story in brief is that one Bimla Devi, who is a Nepali, was residing in a hut at Ghera near Gaj Project site alongwith her husband Man Bahadur. They had three children. One daughter, Lovely aged about 5 years, younger daughter (name withheld) aged about 2-1/2 years and son Veeru aged about one year. Both Bimla Devi and her husband worked as labourers in the Gaj Project. The respondent-Amin Chand, who was also a labourer, lived in another hut nearby. It is alleged that on 28.11.1993 at about 4.30 p.m. Bimla Devi and her husband were sitting in their hut. Their children were playing in the hut of the accused. Bimla Devi heard the cries of her younger daughter. She rushed towards the hut of the accused. When she rea...
Commissioner of Income Tax Vs. Panchratan Hotels (P) Ltd.
Court: Himachal Pradesh
Decided on: Aug-26-2009
Reported in: (2009)226CTR(HP)586
Deepak Gupta, J.1. This appeal has been admitted on the following substantial questions of law:(i) Whether the sale of 100 per cent shareholding of the respondent company to the new management constitutes a 'transfer' as envisaged by Section 2(47) of the IT Act, 1961 and would amount to succession of business ?(ii) Whether in the facts and circumstances of the case, the learned Tribunal misconstrued and misinterpreted the material on record while coming to the conclusion that the expenditure incurred by the respondent on repairs and renovations was revenue expenditure and not capital expenditure ?2. The facts of the case are that the assessee, M/s Hotel Panchratan, is a private limied company engaged in the business of running of a hotel at Manali. All the shares of this company belonged to the Kapoor family. The management of the company also vested with members of the Kapoor family. During the asst. yr. 1993-94, i.e., accounting year 1992-93, 100 per cent shareholding of the company ...
Raj Kumar @ Raju Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Aug-26-2009
Reported in: 2009(2)ShimLC474
Surjit Singh, J.1. Appellant Raj Kumar is aggrieved by the judgment, dated 29th November, 2005, of the Sessions Court, whereby he has been convicted of offence, under Section 302 of the Indian Penal Code, and sentenced to undergo imprisonment for life and to pay a fine of Rs. 20,000/-, in default of payment of fine to undergo simple imprisonment for a further period of three months. So, he has preferred this appeal.2. Case of the prosecution may be summed up thus. On the night intervening 15th and 16th October, 2003, around 2.20 p.m., a telephonic call was received at Police Station, Talai, District Bilaspur. The caller did not disclose his particulars, but informed that Raj Kumar son of Budhi Singh, resident of Kalol, had been stabbed, with a knife, in the bazaar of village Kalol and he was lying unconscious and the police should reach and take appropriate action. The call was attended by PW-16 ASI Ram Nath. Entry was made in the Rojnamcha, copy of which is Ex. PW-15/A. Upon that a po...
State of Himachal Pradesh Vs. Tai Ram
Court: Himachal Pradesh
Decided on: Aug-21-2009
Reported in: 2009(2)ShimLC434
Rajiv Sharma, J.1. This Regular Second Appeal has been directed against the judgment and decree dated 15.10.1998 passed by the learned District Judge, Kinnaur Civil Division at Rampur Bushahar in civil appeal No. 6 of 1998.2. Brief facts necessary for the adjudication of this Regular Second Appeal are that the respondent-plaintiff (hereinafter referred to as the plaintiff for convenience sake) filed a suit for declaration to the effect that he as well as other co-sharers are owners in possession of the land measuring 0-25-25 hectares comprised in Khata No. 88, Khatauni No. 273 and Khasra No. 353 situated in Chak Gasoh, Tehsil Rampur, District Shimla as the same is no more redeemable. The case set up by the plaintiff is that the suit land earlier comprised in Khasra Nos. 61 and 62 measuring 3-8 bighas shown in the jamabandi for the year 1973-74 was recorded in the ownership of Devta Sahib of Gasoh and that the plaintiff and other co-sharers were recorded as the mortgagee and the plainti...
YatIn Kumar and anr. and Sushil Kumar Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Aug-19-2009
Reported in: 2009(2)ShimLC461
Surjit Singh, J.1. These two appeals are being disposed of by a common judgment, as both of them are directed against the same judgment of the trial Court. Appellants in both the appeals have been convicted by the trial Court of offences of gang rape and wrongful confinement, punishable under Sections 376 (2)(g) and 342 of the Indian Penal Code. For offence, under Section 376 (2)(g) IPC, appellants have been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 10,000/- each; in default of payment of fine, to undergo simple imprisonment for a further period of two years. For offence, under Section 342 IPC, they have been sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000/-, each; in default of payment of fine, to undergo simple imprisonment for a further period of one month.2. First, the prosecution case may be noticed. On 20th April, 2005, a nun, aged about 37 years, hereinafter referred to as prosecutrix, went to PW-3 ...
Tega Vs. Deputy Commissioner and ors.
Court: Himachal Pradesh
Decided on: Aug-17-2009
Reported in: 2009(2)ShimLC529
Kuldip Singh, J.1. This appeal is directed against the judgment, decree dated 27.5.1998 passed by District Judge, Chamba in Civil Appeal No. 40 of 1997 affirming judgment, decree dated 15.5.1997 passed by the Senior Sub-Judge, Chamba in Civil Suit No. 494 of 1993.2. The facts in brief are that the appellant had filed suit for declaration that he is owner in possession of the land comprised in Khasra No. 1247/1241, khata-khatauni No. 32/32 measuring 4-12 bighas situated in Mohal Arwain Tehsil Salooni, District Chamba. The order dated 8.12.1992 passed by the Deputy Commissioner, Chamba in file No. 11/2-VIII/91 titled Chiknu and Ors. v. Tega, is null and void. The appellant has also prayed for permanent prohibitory injunction against respondents No. 1 to 3 from taking possession and causing any interference on the suit land.3. The case of the appellant is that he had spent more than Rs. 15,000/- for re-claiming the suit land and raising orchard. He has also constructed a building on the s...
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