Himachal Pradesh Court April 2011 Judgments
Surinder Singh Vs. Sham Lal and anr.
Court: Himachal Pradesh
Decided on: Apr-29-2011
1. This petition under Article 227 of the Constitution of India is directed against the order dated 14.10.2003 passed by the learned Financial Commissioner (Appeals), H.P in Revenue Revision No.185 of 1995. 2. Briefly stated the facts of the case are that Sh.Sham Lal, respondent No.1 herein filed an application on 30.11.1986 before the learned Assistant Collector, 2nd Grade, Solan seeking correction of revenue entries in respect of land comprised in Khasra No.212/1 measuring 471 square meters. His case was that Khasra No.212/1 was a part of old Khasra No.858/35 owned and possessed by him alongwith his brothers. He further alleged that he and his brothers were always shown to be owners in possession of the aforesaid land but after the year 1982-83, Champa Rani, the present petitioner managed to get herself shown to be in possession in connivance with the settlement staff. 3. Smt.Champa Rani raised the issue that the learned Assistant Collector, 2nd Grade, Solan had no jurisdiction to en...
Tag this Judgment!State of Himachal Pradesh Vs. Roshan Lal
Court: Himachal Pradesh
Decided on: Apr-29-2011
1. Both these appeals are arising out of FIR No. 61 /1995, under Section 409 Indian Penal Code wherein same set of witnesses have been examined before the learned trial Court to prove the charge with respect to different years. Thus to avoid conflicting judgments, both the appeals have been taken up together for decision. 2. Respondent was Extra Departmental Branch Postmaster, in P & T Department at Sidhpur. It is alleged that in the year 1992, while posted as such, he embezzled the amount of the depositors and did not count for it. A complaint to this effect was received by the Sub Divisional Inspector Postal Jogindernagar Shri Uma Dutt Gautam. On inquiry, prima facie, he came to the conclusion that the amount deposited by Biasa Devi, Megh Singh, Parma Ram, Bimla Devi, Rohit Kumar, Lal Man Prasher, Kanta Devi, Meera Devi, Soma Devi and Snachri Devi in their RD saving accounts was handed over to him which was not deposited in their respective accounts. The total amount so embezzled...
Tag this Judgment!State of Himachal Pradesh Vs. Daler Singh
Court: Himachal Pradesh
Decided on: Apr-29-2011
1. This appeal has been directed against the judgment dated 19.11.2009 passed by learned Judicial Magistrate Ist Class, (2), Palampur in Criminal Case No. 33-II/ 2008, acquitting the respondent for offence punishable under Sections 498-A, 504, 506 IPC. 2. The respondent was prosecuted for offence punishable under Sections 498-A, 504 and 506 IPC. PW8 Binta Devi was the complainant in the case. The prosecution case was that complainant had solemnized marriage with respondent on 13.12.2006. The respondent started suspecting the character of the complainant and started leveling allegations. The respondent used to give beatings to the complainant after consuming liquor, he also demanded money from the parents of the complainant. A compromise Ex. PW6/A dated 20 th December, 2007 was also executed between the parties which was signed by the father of the complainant and one Amarawati, President of Gram Panchayat, Panaper along with other persons. The complainant after the compromise returned ...
Tag this Judgment!Rameshwar Sharma Vs. M/S Rama Hardware
Court: Himachal Pradesh
Decided on: Apr-29-2011
1. The petitioner is aggrieved by the judgment of the two Courts below convicting him for offence under Section 138 of the Negotiable Instrument Act. The complainant-respondent herein approached the trial Court on the allegations that the petitioner had purchased goods for ` 52,548/- from his Hardware Shop and to discharge this liability he had issued a cheque amounting to ` 52,548/- which was dishonoured by the Bank. 2. In order to prove his case, the complainant examined Shri Vivek Kuthiala, partner of the Firm, who appeared as CW-1 and supported the allegations made in the complaint. He states that when cheque Ext.CW1/C dated 15.12.2003 was issued by the petitioner and when it was presented to his bankers UCO Bank Ram Bazar, it was received back dishonoured with memo Ext.CW1/D as the payment had been stopped. The learned Court found that payment was stopped without any reasonable cause. 3. In defence the accused/petitioner examined one Chaman Lal from the Himachal Pradesh State Coop...
Tag this Judgment!Gulab Dass Vs. Kalu Ram and anr.
Court: Himachal Pradesh
Decided on: Apr-29-2011
1. CMP (M) No. 169 of 2010 is an application under Order 22 Rules 3, 9 CPC read with Section 5 of the Limitation Act for condonation of delay , setting aside abatement and bringing on record legal representatives of sole appellant Gulab Dass died on 17.09.2002. The application has been filed by Anu Lal and Asil Chand. The file of RFA No. 57 of 2000 has also been perused. It has been alleged that Gulab Dass had allegedly executed a Will in favour of Anu Lal and Asil Chand , a submission has been made that Anu Lal and Asil Chand may be brought on record in the present appeal as legal representatives of Gulab Dass after condoning delay and setting aside abatement. 2. It has been stated that there is delay of about 7 years in filing the application. The delay has occurred due to bonafide error and not due to intentional lapse. The applicants were not negligent in any manner. Lapse, if any, on the part of the applicants may be condoned. In RFA No. 57 of 2000, an application under Order 22 R...
Tag this Judgment!State of Himachal Pradesh Vs. R.K. Mehta and ors.
Court: Himachal Pradesh
Decided on: Apr-29-2011
1. The challenge herein in this revision petition under Sections 397 and 401 read with Section 482 of the Code of Criminal Procedure (in short ‘Cr.P.C’), is against the order dated 18.3.2003, of the learned Special Judge (Forest), Shimla, H.P., in Case No. 21-S/7 of 1997, titled State vs. Shri R.K. Mehta and others, whereby respondents No. 1 to 6 and 8 herein along with deceased respondent Shri Om Dutt Sharma, who along with co-accused Shri Satish Chand Jain, who died during pendency of the proceedings before the learned trial court and co-accused Shri D.V.Gupta, who turned approver, who were booked under Sections 420, 447, 379, 467, 468, 471 and 120-B IPC, Sections 14/30 of the Himachal Pradesh Prevention of Specific Corrupt Practices Act, 1983, Sections 268 and 269 of the Himachal Pradesh Municipal Corporation Act, 1979, Section 38 of the Himachal Pradesh Town and Country Planning Act, 1977 and Section 5(2) of the Prevention of Corruption Act, 1947, were discharged under ...
Tag this Judgment!Himachal Pradesh Promotee School Lecturers Vs. State of Himachal Prade ...
Court: Himachal Pradesh
Decided on: Apr-29-2011
1. Supplementary affidavits in terms of order dated 22.12.2010 stand filed on behalf of respondents No. 1 & 2. 2. The petition has been filed on the following prayers vide para 7:- “ (i). Quash the impugned action of the respondents whereby they have sent the panel for Lecturers (School Cadre) from the seniority list dated 20.06.2003 which has already been rejected being issued arbitrarily, malafide and illegally by the respondents. (ii) Direct the respondents to redraw the seniority list as per the rules and regulations in the ratio of 1:1 as per the directions from respondent No.1 and thereafter only send the panel of all eligible Lecturers (School Cadre) for promotion to the post of Principal whether they have passed Departmental Examination or not.” 3. In reply on behalf of respondents No. 1 & 2, the following stand has been taken vide paras 6.5, 6.5 and 6.7:- “6.5. That in reply to the contents of this para it is respectfully submitted that the replying r...
Tag this Judgment!State of Himachal Pradesh Vs. Jeet Ram
Court: Himachal Pradesh
Decided on: Apr-29-2011
1. Respondent was acquitted by the learned trial Court for the offences punishable under Sections 20 and 21 of the Narcotic Drugs and Psychotropic Substances Act, in short ‘the Act’, allegedly for keeping in possession 250 grams of Charas and 5 grams of Heroin (Brown Sugar), hence the present appeal by the State. 2. Heard and gone through the evidence on record. 3. In short the prosecution case can be summed thus. During the intervening night of 21st /22nd November, 2006, PW3 ASI Lal Chand alongwith PW8 SHO Sanjay Sharma, PW1 HC Naresh Kumar, PW2 Constables Rajiv Kumar and Suresh Kumar were present near the forest at Ram Bag, Manali, in connection with ‘Naqa-bandi’. (i) At about 1.10 a.m., police noticed respondent coming from Manali side. Since it was dark, police flashed the search light. On this, respondent threw a polythene envelope on the spot and tried to escape, which raised suspicion, as such, chased and apprehended him. His identity was asked. Thereafte...
Tag this Judgment!Nek Raj Bhatt Vs. State of Himachal Pradesh and ors.
Court: Himachal Pradesh
Decided on: Apr-29-2011
1. The petitioner has prayed that the respondents may be directed to give the benefit of approved military service to the petitioner towards his seniority as per Demobilized Armed Forces Personnel (Reservation of Vacancies in the Himachal State NonTechnical Services) Rules, 1972. The order dated 5.3.2004 Annexure A-5 denying the TTA/joining time to the petitioner may be set aside and the petitioner be held entitled to TTA/joining time. The respondents may be directed to release the salary of the petitioner from the months March, April, 2004 continuously. The respondents may be directed to allow medical reimbursement claim of about `6,000/- submitted by the petitioner to respondent No.4 between January, 2002 to March, 2004. Abrupt stoppage and withholding of sterilization increment from March, 2004 may be declared illegal and the respondents may be directed to release sterilization increment to the petitioner from 7.6.2000 to May, 2000 and from March, 2004 onwards along with arrears. 2....
Tag this Judgment!State of Himachal Pradesh Vs. Rajinder Kumar and anr.
Court: Himachal Pradesh
Decided on: Apr-29-2011
1. This appeal by the State is directed against the judgment dated 14.7.2006 of learned Special Judge, Hamirpur, whereby respondents Rajinder Kumar, Patwari, and Rattan Chand, Kanungo, who were tried for offences, under Sections 420, 466, 468 read with Section 120-IPC and Section 13(2) of Prevention of Corruption Act, 1988, have been acquitted. 2. Case of the prosecution, which led to the trial of the respondents, may be noticed. Respondents Rajinder Kumar and Rattan Chand were posted as Patwari and Kanungo, respectively, in Patwar Circle, Shiv Nagar, Hamirpur, during the year 1993-94, when Jamabandi of that Patwar Circle was revised. With respect to Khasra Nos. 310 and 312 entries in the previous Jamabandi showed that though Niranjan Dass, father, and Ram Chand, father’s brother of respondent Rajinder Kumar, were the owners and one Bihari Lal was a mortgagee with possession, under them and the names of Kishor Chand, Dharam Chand, Amar Chand and Prem Chand, four brothers, were re...
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