Himachal Pradesh Court June 2010 Judgments
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Janak Kumar Joshi Vs. Suresh Kumar and ors.
Court: Himachal Pradesh
Decided on: Jun-30-2010
V.K. Ahuja, J.1. This is an appeal filed by the appellant under Section 378 of the Cr.P.C. against the judgment of acquittal, dated 19.3.1997, passed by the learned Sub Divisional Judicial Magistrate, Nalagarh, in a criminal case against respondents under Section 138 of the Negotiable Instruments Act. The appellant was the complainant before the learned trial Court.2. Briefly stated the facts of the case are that the appellant/complainant filed a complaint under Section 138 of the Negotiable Instruments Act as against the respondents, who were impleaded as accused persons. The learned trial Court issued notices to the respondents, put up notice of accusation under Section 138 of the Negotiable Instruments Act and on conclusion of the trial, the impugned judgment was passed by the learned trial Court acquitting the respondents.3. Notice of the appeal was sent to the respondents, who did not put in appearance and were declared Proclaimed Offender in the case and, therefore, they are not ...
Balbir Singh Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Jun-25-2010
Dev Darshan Sud, J.1. Petitioner has been charged for the offences under Sections 409, 419, 467 and 468 of the Indian Penal Code.2. The prosecution case in brief is that complainant Munshi Ram PW-9 had filed a complaint (Ext.PW9/A) before the Superintendent of Police, Chamba on 19.7.1991, stating that his son Joginder Singh (PW-10) had sent a money order of Rs. 1200/- to his wife Smt. Biasa Devi (PW-11). The money order was sent from Post Office Dharamshala, H.P. and was to be delivered by the postal authorities at Patka. The gist of the complaint was that the amount had not been received by Smt. Viasa Devi (PW-11). Paras-2 & 3 of the complaint (Ext.PW9/A) are important. They read:2. Sh. Balbir Post Master, Sh. Laxman Singh Postman, and Sh. Gagan Singh, who has signed the postal receipt, as witness have in connivance with each other have committed fraud and cheated Smt. Biaso Devi. Smt. Biaso Devi and her husband have sent various letters in this regard to postal authorities to take ac...
Dharam Chand Vs. Smt. Mansa Devi
Court: Himachal Pradesh
Decided on: Jun-25-2010
Surinder Singh, J.1. The present Regular Second Appeal has been admitted for hearing on the following substantial questions of law:(1) Whether the evidence produced by the respondent being beyond the scope of pleadings, therefore, no reliance can be placed thereon and the suit was required to be dismissed.(2) Whether the subject matter of the dispute can not be decided in the absence of all the necessary parties. Since the plaintiff claimed Will in favour of the appellant to be invalid, therefore, she alone can not be held to be so legal heirs of the deceased and thus dispute could not have been decided in the absence of daughters of deceased Smt. Bhonchi and Smt. Bhujlan.2. In brief, the facts giving rise to this second appeal are that appellant herein, asserted Will dated 22.8.1995 alleged to be executed by Shri Dhari Ram, husband of the respondent in his favour and also in favour of the respondent in equal share. On its basis mutation No. 389 was accepted and attested on 18.11.1995 ...
New India Assurance Co. Ltd. Vs. Raksha Devi and ors.
Court: Himachal Pradesh
Decided on: Jun-24-2010
V.K. Ahuja, J.1. This is an appeal filed by the appellant under Section 173 of the Motor Vehicles Act (hereinafter referred to as 'the Act') against the award passed by the learned Motor Accident Claims Tribunal, Bilaspur, H.P., dated 10.11.2003, vide which the claim petition filed by respondents No. 1 and 2, as against respondents No. 3 and 4, being the driver and the owner of the vehicle, respectively, and as against the present appellant being the insurer, which was impleaded as respondent No. 3 in the claim petition, was allowed and a sum of Rs. 65,000/- was awarded in favour of the claimants, which was payable by the appellant/Insurance Company.2. Briefly stated the facts of the case are that a claim petition under Section 166 of the Act was filed by the present respondents No. 1 and 2 (hereinafter also referred to as the claimants/petitioners) for the grant of compensation. It was alleged by the claimants that Raj Kumar (deceased) was of the age of 12 years and was a student of 7...
Hardev Singh Vs. Vijay Kumar and ors.
Court: Himachal Pradesh
Decided on: Jun-24-2010
V.K. Ahuja, J.1. This is an appeal filed by the appellant under Section 173 of the Motor Vehicles Act (hereinafter referred to as 'the Act') against the award passed by the learned Motor Accident Claims Tribunal, Kangra at Dharamshala, dated 1.10.2004, whereby the claim petition filed by the petitioner was allowed and the insurer/respondent No. 4 was directed to pay the compensation but the said respondent was held entitled to recover the amount from the owner of the vehicle i.e. the present appellant.2. Briefly stated the facts of the case are that the petitioner filed a claim petition under Section 166 of the Act alleging therein that he alongwith other persons hired a Van bearing No. HP-01-3409 for Rs. 90/- for going to the house of his relatives. When the said Van reached at Purana Mataur at about 7.30 p.m., the driver of the said Van could not control it and hit the same with a small bridge, while driving the same rashly or negligently. The matter was reported to the police. The p...
Ram Chand and ors. Vs. Dhani Ram and ors.
Court: Himachal Pradesh
Decided on: Jun-23-2010
Surjit Singh, J.1. This regular second appeal by the defendants-appellants is directed against the judgment and decree dated 28.4.1999, of learned District Judge, Solan whereby, dismissing the defendants-appellants appeal, decree dated 8.1.1992 of learned Sub Judge Ist Class, Arki, passed in a suit for declaration, with consequential relief of possession, filed by respondent-plaintiff Dhani Ram, has been upheld.2. Appeal was admitted on the following three substantial questions of law:1. Whether the plaintiff had no locus standi to file and maintain the present suit for possession being remote reversioner, when daughter of Smt. Ajudhya, namely, Smt. Damodri Devi succeeded to the estate after enforcement of the Hindu Succession Act. Was not such decree of declaration obtained in favour of reversioner to enure for the benefit of the nearest heir?2. Whether in a suit where the only question was legality and validity of the alienation made by the widow were involved, could the question of ...
State of H.P. Vs. Purshottam Singh and anr.
Court: Himachal Pradesh
Decided on: Jun-22-2010
V.K. Ahuja, J.1. This is an appeal filed by the State of H.P. under Section 378 Cr.P.C. against the judgment of the Court of learned Judicial Magistrate Ist Class, Court No. 2, Palampur, dated 29.5.2003, vide which the respondents were acquitted of the charge framed against them under Section 61(1)(a) of the Punjab Excise Act, as applicable to the State of H.P., hereinafter referred to as 'the Act'.2. Briefly stated, the prosecution case is that on 26.6.1999, at about 8.15 A.M., PW-3 S.I. Pritam Singh, SHO Police Station, Lamba Gaon, was present in the area of Harsi alongwith other police officials. He received a secret information that both the respondents deal in illicit liquor, which is available in their shops. On this, he prepared Memo Ext.PW3/A, sent the same for registration of FIR, on which FIR Ext. PW3/B was registered. He formed a raiding party and associated three independent witnesses, namely, Smt. Rani Devi, Smt. Sarkla Devi and Rajesh Kumar, effected the recovery, conduct...
Sushma Thakur Vs. State of Himachal Pradesh and ors.
Court: Himachal Pradesh
Decided on: Jun-18-2010
Kurian Joseph, C.J.1. C.M.P. No. 4909 of 2010.Allowed. The application is disposed of.C.W.P. No. 3287 of 2010.Writ petition has been filed with the following prayers:a) That the action of the respondents of terminating the services of the petitioner w.e.f. 28.6.2009 may be quashed and set aside;b) That the respondents may be directed to reinstate the petitioner at the post of Lecturer (Pol. Science) at Govt. Sr. Section School, Kunsal, Tehsil Baijnath, District Kangra (HP) with all consequential benefits like arrears of salary etc.2. In view of the recent instruction issued by the Director, Higher Education, Himachal Pradesh vide communication dated 24th September, 2009, the case requires fresh consideration in the light of the said communication. The relevant portion of the communication of the Director, Higher Education, Himachal Pradesh reads as follows:Refer to letter No. EDN-Kha(7)3706-1 dated 3.9.2009 from the Principal Secretary (Education) to the Government of Himachal Pradesh ...
Ram Pal Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Jun-03-2010
1. This appeal is directed against the judgment dated 7.5.2007 passed by learned Additional Sessions Judge, Una in Sessions Case No.01 of 2006, Sessions trial No.4 of 2006, whereby the appellant, who was charged with and tried for offence under Sections 302 and 201 of the Indian Penal Code, has been convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of ` 25,000/-. In case of default of payment of fine, the appellant was directed to further undergo simple imprisonment for 3 months. He was also held entitled to the benefit of Section 428 of the Code of Criminal Procedure. 2. The case of the prosecution, in a nutshell, is that on 14.9.2005 S.I. Diwan Chand (PW-26), Station House Officer, Police Station, Amb, District Una received a telephonic message from A.S.I. Vishwas Kumar (PW- 22), Incharge, Police Post, Chintpurni regarding the murder of one lady in Sahil Hotel, Chintpurni. On receipt of this information, PW-26 reached Sahil Hotel, Chintpurni where Su...
Gopal Chand Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Jun-01-2010
Kurian Joseph, C.J.1. The Writ Petition is filed with the following prayers:i) That the impugned order dated 28.5.20 10 (Annexure P-3) may kindly be quashed and set-aside.ii) That the respondents may kindly be directed to allow the petitioner to be continue at the present place of posting till the completion of his normal tenure or he may be adjusted near by the station.2. In the nature of the order we propose to pass in this case, we do not propose to deal with the merits of the case, since the facts are stated in detail in Annexure P-4 (representation). There will be direction to the second respondent to look into Annexure P-4 (representation) and take appropriate action thereon within a period of two weeks from today. The petitioner will also produce a copy of this judgment along with copy of the writ petition before the second respondent. The petitioner may not be compelled to join the transferred station till such time.3. The writ petition is disposed of, so also the pending appli...
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