Himachal Pradesh Court July 2010 Judgments
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Saran Dass and Others Vs. Hem Raj and Others
Court: Himachal pradesh
Decided on: Jul-12-2010
1. Petitioners, by means of the present petition, under Article 227 of the Constitution of India, have challenged the judgment dated 22 Nd April, 2008, of learned District Judge, whereby petitioners appeal against the order dated 17 th December, 2008 of learned trial Court has been dismissed and the order of the trial Court, dismissing the application of the petitioners, under Order 39 Rules 1 and 2 of the Code of Civil Procedure, affirmed. 2. Petitioners have filed a suit for declaration that they are joint owners in possession of land measuring 11387 bighas, situate in the District of Chamba, which, according to them, was granted by means of a Patta, in the year 1854, by the then Ruler of Erstwhile Chamba State in favour of their Whether reporters of the local papers may be allowed to see the judgment? Predecessor-in-interest, named Dalpat. By way of further relief, they have prayed for issuance of permanent prohibitory injunction, restraining the respondents-defendants from felling ...
State of H.P. Vs. Jiva Nand and Others
Court: Himachal pradesh
Decided on: Jul-12-2010
1. The State has preferred this appeal against judgment of acquittal passed by the learned Additional Sessions Judge, Mandi. The respondents herein were charged for offences under Sections 353 and 332 read with Section 34of the Indian Penal Code. 2. The prosecution case in brief is that on 19.1.2000 S.H.O. Harbhajan Singh of Police Station, Karsog recorded the statement of PW-7 Durga Singh under Section 154 Cr.P.C. The allegations were that complainant Durga Singh was posted on general duty in Police Station, Karsog and he along with HHC Amar Singh (PW-9) was also accompanying the 3. Whether reporters of the Local papers are allowed to see the judgment? Complainant on patrol duty. According to the direction issued by the Station House officer, when the complainant Durga Singh along with Amar Singh reached near the school building at Hiundi, they apprehended Parvati wife of respondent No.1-Jiva Nand who was allegedly carrying two cannnies (cans). The complainant Durga Singh checked the...
State of H.P. Vs. Dalip Chand and ors.
Court: Himachal Pradesh
Decided on: Jul-09-2010
Sanjay Karol, J.1. For an offence alleged to have been committed on 14.6.1995, accused were put to trial. In terms of judgment dated 10.2.1999 passed by learned Sessions Judge, Hamirpur, in Sessions Case No. 05 of 1996, titled as State of H.P. v. Dalip Chand and Ors. accused stand acquitted of the charged offence.2. It is the case of the prosecution that Smt. Asha Devi and Sh. Suresh Kumar were married to each other sometime in December, 1993. The husband was employed somewhere in Una and the wife used to reside with her in-laws in village Kohadra, Tehsil Barsar, Distt. Hamirpur, H.P.. There she lived with Beli Ram, accused (since expired) (her father-in-law), accused No. 1 Dalip Chand S/o Sh. Beli Ram and brother of Suresh Kumar; accused No. 2 Nirmala Devi, wife of accused No. 1, sister-in-law (Bhabi) of Suresh Kumar and accused No. 3 Sandla Devi d/o Sh. Beli Ram, sister of Suresh Kumar. One year after the marriage Smt. Asha Devi complained to her parents about the ill-treatment meted...
State of H.P. Vs. Bhagat Ram
Court: Himachal Pradesh
Decided on: Jul-09-2010
Sanjay Karol, J.1. For an offence, which is alleged to have been committed in the night intervening 3rd and 4th April, 1998, accused was put to trial. In terms of judgment dated 17.2.1999 passed by learned Sessions Judge, Shimla, in Sessions Trial No. 39-S/7 of 98 titled as State of H.P. v. Bhagat Ram, accused stands acquitted of the charged offence.2. It is the case of the prosecution that Smt. Dhuri, mother of the accused Bhagat Ram had settled with the deceased Roshan Lal as his wife in village Sethabal (Ratwari). For this reason accused nursed a grouse against Sh. Roshan Lal. In the night intervening 3rd and 4th April, 1998, Smt. Dhiru, Sh. Roshan Lal and the accused together consumed liquor in the house of the deceased. In the morning of 4th April, 1998 dead body of Sh. Roshan Lal was spotted in the orchard of one Sh. Ramesh Chand. This place was at a distance of 50 yards from the village. Smt. Sheela Rathore (PW-2) Pradhan of the Panchayat was informed about the same. Upon reachi...
State of H.P. Vs. Sukru
Court: Himachal Pradesh
Decided on: Jul-08-2010
V.K. Ahuja, J.1. This is a regular second appeal filed by the appellant under Section 100 of the CPC against the judgment and decree, dated 19.1.1996, passed by the learned District Judge, Kangra at Dharamshala, vide which the appeal filed by the appellant against the judgment and decree dated 17.5.1995 of the learned Sub Judge Ist Class, Dharamshala, was dismissed.2. Briefly stated the facts of the case are that the respondent as plaintiff filed a suit for declaration and permanent injunction that he was the tenant of the land comprised in Khasra Nos. 324 and 325, as detailed in the plaint, and had been conferred proprietory rights under the H.P. Tenancy and Land Reforms Act. He alleged that he was inducted as a tenant in the years 1970 and 1972 and he broke the land and made it fit for cultivation. The Revenue Officer sanctioned mutation No. 41 of extinguishment of Patta in the absence of the plaintiff and against law and facts for which the Revenue Officer had no jurisdiction. The p...
State of H.P. Vs. Varinder Singh and ors.
Court: Himachal Pradesh
Decided on: Jul-07-2010
Sanjay Karol, J.1. For an offence, which is alleged to have been committed on 26.5.1996, accused were put to trial. In terms of judgment dated 23.2.1999 passed by learned Addl. Sessions Judge-II, Kangra at Dharamshala, in Sessions Case No. 11-P/1997, titled as State of H.P. v. Varinder Singh and Ors., the accused stand acquitted of the charged offence.2. It is the case of the prosecution that on 26.5.1996, the prosecutrix (PW-3) was sleeping along with her two daughters in the first floor of the house taken by her on rent at village Moondhi. At about 10.30 P.M. the accused persons opened the iron chain (Sangli) of the main door of the house which was on the ground floor and entered the house with an intention to commit rape on the prosecutrix. Accused Mohinder Singh and Varinder Singh entered the room on the 1st floor where the prosecutrix was sleeping whereas accused Daljit Singh sat near the staircase leading to the 1st floor. On the asking of accused Mohinder Singh accused Varinder ...
State of Himachal Presesh Vs. Surinder Singh and anr.
Court: Himachal Pradesh
Decided on: Jul-07-2010
Sanjay Karol, J.1. For an offence, which is alleged to have been committed on 25.1.1995, accused were put to trial. In terms of judgment dated 30.11.1998 passed by the learned Addl. Sessions Judge, Shimla in Sessions trial No. 16-S/7 of 1997, titled as State of H.P. v. Surinder Singh and Anr. the accused stands acquitted of the charged offence.2. It is the case of the prosecution that on 25.1.1995 accused Surinder Singh was driving vehicle No. HIS - 9198 in which co-accused Baljeet Singh was sitting. At about 5.15 p.m. when the vehicle reached near the bus stop at Chhota Shimla they noticed the prosecutrix waiting for a bus to go to Dhalli. The accused persons stopped the jeep and offered her lift on the pretext that they were also going to Sanjauli. She boarded the vehicle. After some time she realized that instead of taking the vehicle directly to Sanjauli through the normal route the jeep was diverted on a different route through the Raj Bhawan. She wanted to get down from the vehic...
Jai Lal Vs. the Divisional Manager, Forest Working Division
Court: Himachal Pradesh
Decided on: Jul-06-2010
Surjit Singh, J.1. The present petition, under Article 227 of the Constitution of India, is directed against the order dated 6th April, 2010 of the Executing Court, whereby the attached immoveable property of the petitioner, hereinafter referred to as JD, has been ordered to be auctioned for realization of decretal amount. Order is alleged to have been passed without first dealing with the objections, under Section 47 of the Code of Civil Procedure, filed by the JD. Order is also assailed, on the ground that there is no compliance of provisions of Rules 54 and 66 of Order 21 of the Code of Civil Procedure.2. I have heard the learned Counsel for the parties and gone through the record of the Executing Court, which was requisitioned, vide order dated 24th May, 2010.3. JD had filed objections, which are available on the record of the Executing Court. The Executing Court has not made any reference to these objections, in its impugned order, leave alone dealing with them, objectively. Also,...
inderjit Kalra Vs. Subhash Ahuja
Court: Himachal Pradesh
Decided on: Jul-06-2010
Surjit Singh, J.1. Petitioner, in this case, has filed a petition, under Section 14 of the H.P. Urban Rent Control Act, for eviction of the respondent from certain premises, which he claims to have purchased from Custodian of Evacuee Property. It is also the case of the petitioner, as pleaded in the petition, that after he purchased the share of the custodian, partition has taken place and the portion, from which eviction of the respondent is sought, has fallen to his share.2. Eviction of the respondent, who was inducted as tenant by Custodian of Evacuee Property, prior to the purchase of custodian's share by the petitioner, is sought, on the ground of reconstruction. Respondent is contesting that petition and one of the grounds raised by him is that the petition is bad for non-joinder of the State of Himachal Pradesh, which is alleged to be the owner of the site of the building, in question.3. Rent Controller framed issues, recorded the evidence adduced by the petitioner and when the ...
State of H.P. Vs. Tek Chand @ Mintta
Court: Himachal Pradesh
Decided on: Jul-06-2010
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 Chief Judicial Magistrate, Una, dated 7.8.2003, vide which the respondent was acquitted of the notice of accusation put up to him for the offence punishable under Sections 279, 304-A and 201 I.P.C. and under Section 196 of the Motor Vehicles Act.2. Briefly stated, the facts of the case are that on 9.10.2000, at about 9.45 P.M., a report was lodged with the police by Tirath Ram that at about 8.15 P.M., he was present in his house alongwith his family. One Yog Raj came to his house and informed him that his son Sanjeev Kumar was lying unconscious on the road near Khanpur and his scooter was also lying by his side. Complainant Tirath Ram proceeded to the spot alongwith said Yog Raj and Surjit Singh and found that the scooter was lying on one side of the road in a broken condition and his son Sanjeev was also lying in a unconscious state. They took Sanjeev Ku...
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