Himachal Pradesh Court December 2011 Judgments

Jiwan Lal Vs. State of Himachal Pradesh

Court: Himachal Pradesh

Reported in: 2012CrLJ1837

Surinder Singh, J. (Oral): A. Undisputed Facts:- The appellant was convicted and sentenced by learned trial Court for offence punishable under Sections 498-A and 306 of the Indian Penal Code, whereby he was sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of Rs.5,000/- under Section 306 of the Indian Penal Code and also rigorous imprisonment for six months and to pay fine of Rs.500/- under Section 498-A of the Indian Penal Code with the default clauses. Both the sentences are ordered to run concurrently, which have been challenged in the present appeal. (ii) Admittedly, Smt. Tameshwari Devi, daughter of PW-1 Sh. Bahadur Singh and PW-5 Smt. Himi Devi, was married to the appellant, (hereinafter referred to as “the accused”), in the year 2000. On 21.9.2001 i.e. within 10 months of her marriage, she committed suicide by hanging with the roof of her cowshed in the matrimonial village. B. Prosecution Case:- 2. It is alleged that the accused ...

Hari Singh Vs. State of Himachal Pradesh

Court: Himachal Pradesh

Reported in: 2012CrLJ2036

Surinder Singh, J (oral): The appellant hereinafter referred as ‘the accused’ has laid challenge in this appeal against his conviction passed by the learned trial Court in Sessions trial No. 12 of 2010, decided on 19.8.2011, for the offences punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short ‘the Act’ whereby he has been sentenced to undergo rigorous imprisonment for a period of six years and to pay a fine of Rs.60,000/- and in default of payment of fine to further undergo imprisonment for a period of six months. The period of detention of the accused during trial and investigation was ordered to be set-off under Section 428 of the Code of Criminal Procedure. 2. In short, prosecution story can be stated thus. On 26.12.2009, police party headed by PW7 SI Tilak Raj consisting of ASI Naresh Chand, PW6 HHC Ajay Kumar and Constable Raj Kumar proceeded towards village Dobhi in the area falling under the jurisdiction of po...

Manmohan Bedi, Bedi Travels Mcleodganj, Resident of Naravan Bazar and ...

Court: Himachal Pradesh

Deepak Gupta, J. 1. The appellants who are transporters have filed these two appeals, which are directed against the judgement dated 18th September, 2007 passed by a learned Single Judge of this Court. 2. The writ petitions before the learned Single Judge were filed by the State Transport Authority and were directed against the order dated 26.10.2006 passed by the learned State Transport Appellate Tribunal. All the writ petitions were allowed. It appears that other than the present two appellants none of the transporters have challenged the main judgement. 3. The facts relevant for decision of the appeals are that the appellants are owners of Delux buses which have been issued All India Route Permits as contract carriage. One of the stipulations of the permit was that the transporters shall comply with the conditions laid down in Rule 85 of the Central Motor Vehicles Rules, 1989. In case of violation of conditions of the Rules, the permit was liable to be cancelled. Respondent No.1 not...

Tara Mandal Minks Pvt. Ltd. Vs. Icici Bank Ltd. and Another

Court: Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

1. Chander Shekhar Sharma, Presiding MemberThis appeal is directed against the order dated, 31.8.2009, passed by District Forum, Una, in Consumer Complaint No. 80/2007, whereby the complaint was dismissed by the Fora below by holding that there is no merit in the present complaint. The parties are hereinafter referred to as per their status in the complaint. 2. The factual matrix of the case are that the complainant had raised a loan for purchase of vehicle Swaraj Mazda amounting to Rs.6,53,000 in the month of December, 2006, the complainant issued about 70 to 78 cheques for the satisfaction and security of their loan amount and as per terms and conditions, the OPs fixed monthly instalment of whole financed money payable through cheques. 3. Further allegation in the complaint are that a lease agreement was also prepared with opposite party No. 2 by the complainant, who got registered the said vehicle vide registration No. HP-20B-6241 and the complainants were using the vehicle by suppl...

Lata Rana Vs. Sbi Life Insurance Co. Through Its Branch Manager

Court: Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

1. Chander Shekhar Sharma, Presiding Member This order will dispose of the present application for condonation of delay. 2. Brief background under which this application had been filed is narrated in detail hereinafter. Complaint No.157/2009 was decided by the District Forum, Shimla on 26.2.2011 and the copy of the order was received by post on 7.3.2011 by the Counsel for the applicant. The averments in the application are to the effect that the applicant is residing in interior village of upper valley, Tehsil Sundernagar, District Mandi and the Counsel for the applicant was not having telephone number of the applicant and it was only on 1.7.2011 that they had received the message of their Advocate about the case and the applicant is a widow and due to the death of her husband she remains under shock, as such prayer had been made for condoning the delay in the present case which as per averments made in the application is neither intentional nor deliberate but bona fide one. As such, p...