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Himachal Pradesh Court March 2011 Judgments

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Mar 01 2011

Mohinder Singh and anr. Vs. State of Himachal Pradesh and ors.

Court: Himachal Pradesh

Decided on: Mar-01-2011

1. The petitioners are aggrieved by rejection of their prayer for effecting correction in the revenue entries by the Settlement Officer, Kangra at Dharamshala, vide his order dated 21.5.1998, Annexure P-3, as upheld in appeal by the Divisional Commissioner, Kangra Division at Dharamshala, vide order dated 6.2.2007, Annexure P-4 and the Financial Commissioner (Appeals), Himachal Pradesh, Shimla, in revision vide order dated 25.5.2010, Annexure P-5. 2. Precisely, the contention of the predecessor-ininterest of the petitioners late Shri Amar Singh was that he was owner of land bearing khasra Nos. 630, 638 and 639, situate in village Nari, Tehsil Amb, Distt. Una, which adjoins khasra No. 640. 3. According to him, a part of the land belonging to him has been merged in khasra No. 640 during settlement operations owing to wrong measurement. In such circumstances, he prayed for correction of karukarans as per actual position at the spot. 4. On receipt of the application for correction of reve...


Mar 01 2011

Sanjay Kumar. Vs. State of H.P. and ors.

Court: Himachal Pradesh

Decided on: Mar-01-2011

1. The petition has been filed on the following prayer vide para 12 (A):- 12 (A). This Honble Court may be pleased to issue writ of mandamus directing the respondent No.2 to offer appointment to the petitioner as forest guard on compassionate grounds in view of Office Regt. Memo No. B.IX-27/147 dated 4.4.2009 whereby the case of the petitioner has been recommended by the Conservator of Forest Dharmahsla for aproval. 2. The respondents have taken the following stand vide paras 1 to 3 of the preliminary submissions:- 1. That Sh. Rattan Chand was working as Forest Worker in the Forest Department and died while in service on 17.10.2007. Sh. Sanjay Kumar s/o late Sh. Rattan Chand applied for the post of Forest Guard in the Forest Department on compassionate grounds. On receipt of the application of the petitioner, respondent No.4 i.e. D.F.O. Palampur has sent the complete case to respondent No.3 vide his office letter No. 424/CF dated 19.5.2008 copy annexed as Annexure R-1. The respondent...


Mar 01 2011

State of H.P. Vs. Krishan Chand.

Court: Himachal Pradesh

Decided on: Mar-01-2011

1. Heard and gone through the record. 2. This appeal has been filed by the State, challenging acquittal of respondent Krishan Chand, by learned Special Judge, vide judgment dated 4 th January, 2006, in a case, under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988. 3. Respondent was employed as a Clerk in the Office of Regional Transport Officer, Kullu, in the year 2003. He had been assigned the work of dealing with cases pertaining to registration of taxis and issue of route permits. PW-12 Sunder Singh purchased a vehicle and applied to the Regional Transport Officer, Kullu, for registering the vehicle as Taxi. His application was allowed and Registration No.HPK-01-0440 was allotted. This was done on 23 rd September, 2003. On 26 th September, 2003, PW-12 Sunder Singh went to the Office of Regional Transport Officer at Kullu to collect the route permit. Respondent, who was looking after the seat, pertaining to taxi permits, was approached by him (PW-12 Sunder Singh). Res...


Mar 01 2011

Rameshwar Dutt. Vs. State Bank of IndiA.

Court: Himachal Pradesh

Decided on: Mar-01-2011

1. This petition is directed against the order dated 27 th September, 2010 whereby the learned trial Court has closed the evidence of the petitioner (hereinafter referred to as the defendant). 2. The suit, in question, was filed in the year 2007 and the evidence of the plaintiff was closed on 31.3.2010 and the case fixed for defendants evidence on 19.6.2010. 3. No witnesses were present on 19.6.2010, 13.8.2010 and on 27.9.2010 evidence of the defendant was closed. More than three opportunities were given to the defendant but no steps were taken by him. 4. However, by way of indulgence, I feel that the interest of justice will be served if one more opportunity is granted to the petitioner-defendant to lead his evidence. The parties are directed to appear before the learned trial Court on 4 th April, 2011. 5. The learned trial Court shall fix the case in the month of May, 2011 and shall give one opportunity to the petitioner-defendant to lead evidence.6. It shall be the responsibility of...


Mar 01 2011

Mrs. Rupinder Kaur. Vs. State of H.P. and anr.

Court: Himachal Pradesh

Decided on: Mar-01-2011

1. The petitioner has approached this Court under Section 482 of Code of Criminal Procedure praying that the complaint may be quashed and that the order passed by the Magistrate rejecting the application of the petitioner herein under Sections 45 and 73 of the Indian Evidence Act be quashed and set-aside. 2. It is undisputed before me that the case is listed for recording evidence of the defendant. So far as the question of quashing the complaint under Section 482 of the Code of Criminal Procedure is concerned, this is not the appropriate stage. 3. Learned counsel for the petitioner submits that the complaint is otherwise not maintainable as there is no averment against the petitioner that she was in any manner responsible for issuing the cheques or that she was In charge of the business or looking after the business affairs etc. For this purpose, learned counsel for the petitioner has placed reliance on a number of judgments of the Honble Supreme Court. The second point urged by the...


Mar 01 2011

Charan Dass. Vs. Madan Mohan Alias Madan Lal.

Court: Himachal Pradesh

Decided on: Mar-01-2011

1. This is a petition under Article 227 of the Constitution of India filed by the petitioner against the order passed by the learned trial Court, dated 30.9.2010, vide which the application filed by the present petitioner (plaintiff before the learned trial Court) under Section 151 CPC for permission to take the samples of constructed portion raised by the respondent/defendant, as explained in the pleadings, was dismissed. 2. I have heard the learned counsel for the parties and have gone through the record of the case. 3. A perusal of the record shows that earlier an application under Order 26 Rule 9 for appointment of an expert in regard to the construction raised by the defendant was filed and the said application was dismissed by the learned trial Court, which order was upheld by this Court also. A perusal of the impugned order shows that it has been observed by the learned trial Court that the perusal of the ingredients of the earlier application and the present application shows ...


Mar 01 2011

Lakhan Pal. Vs. Smt. Punam.

Court: Himachal Pradesh

Decided on: Mar-01-2011

1. The petitioner by means of this petition has challenged the order dated 17.2.2010 whereby he has been directed to pay interim maintenance of Rs. 1,000/- per month to the respondent-Punam by the learned District Judge, Bilaspur. 2. The main grievance of the petitioner is that he is only an employee in the stone crusher getting Rs. 3,000/- per month and that the Judicial Magistrate 1 st Class, Sundernagar after passing of the order of learned District Judge, Bilaspur has also passed an order for grant of interim maintenance of Rs. 1,000/- 1 Whether the reporters of local papers may be allowed to see the Judgment? Yes. per month under Section 125 Cr. P.C. The grievance of the petitioner is that both the Courts below have granted Rs. 1,000/- each per month i.e. totaling Rs. 2,000/- per month, whereas the income of the petitioner is only Rs. 3,000/- per month. 3. The respondent-wife along with her reply has stated that petitioner-husband is mis-stating the facts that he is a lowly paid e...


Mar 01 2011

Banita Devi. Vs. State of Himachal Pradesh and ors.

Court: Himachal Pradesh

Decided on: Mar-01-2011

1. By means of this petition, the petitioner has challenged the order dated 6 th August, 2010 whereby she has been transferred from GPS Bhatwar to GPS Chaplandidhar and respondent No.4 Veena Devi who was under transfer to Chaplandidhar has been adjusted in place of the petitioner at Bhatwar. 2. When the matter was listed before the learned Division Bench, learned counsel for the petitioner and respondent No.4 submitted that the teacher had to walk around two hours through a dense forest and it will be difficult for a lady teacher to walk through such a dense forest without the company of others. The Court, therefore, had directed that the respondent State may preferably accommodate some male teacher at Chaplandidhar. 3. Thereafter, this court had directed the Director, Elementary Education, to file a specific affidavit in this behalf. Such affidavit has been filed and according to the Director he has received information from the Deputy Director of Elementary Education, Mandi that th...


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