Himachal Pradesh Court April 2011 Judgments
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Dr.Sohan Lal Sharma Vs. State of Himachal Pradesh and ors.
Court: Himachal Pradesh
Decided on: Apr-26-2011
1. The petitioner has prayed for quashing of Office Order Annexure PA with further prayer that the respondents may be directed not to make recovery from the salary of the petitioner on account of alleged overpayment made to him on the basis of Annexure PB. 2. The brief facts of the case are that petitioner joined Himachal Pradesh Government, Directorate of Health Services on 26.07.1970 as Medical Officer. The petitioner was drawing his basic pay of ` 4,500/- plus NPA in the revised pay scale on 31.12.1995 in the pay scale of ` 3,000-4,500/-. The petitioner was placed in the revised pay scale of ` 14,300-18,150/- vide Annexure PB as on 31.03.2000. The pay of the petitioner in the revised scale was fixed at ` 15,100/- on 01.01.1996 and ultimately ` 16,800/- plus 25% NPA as on 31.3.2000. 3. The petitioner continued to draw his salary in accordance with the Annexure PB till he received Office Order Annexure PA issued by Chief Medical Officer whereby previous order in connection with revisi...
State of Himachal Pradesh Vs. Faqir Chand
Court: Himachal Pradesh
Decided on: Apr-26-2011
1. State has filed this appeal against the judgment dated 24.11.2000 passed by the Chief Judicial Magistrate, Sirmaur at Nahan in Cr. Case No. 3/2 of 2000/1999 whereby, respondent, who was charged with and tried for offence under sections 420, 465, 467, 468 and 471 of the Indian Penal Code, has been acquitted. 2. Case of the prosecution, in a nutshell, is that complainant AW-2 Jaswal Singh constructed his new house in the year 1998. He applied for the water connection to I.P.H. Department. He was told that he should first obtain ‘no objection certificate’ from the Municipal Committee. He applied to the Secretary, Municipal Committee, Nahan for ‘no objection certificate’. The application was taken by PW-4 Arvinder Singh to Municipal Committee, Nahan. Accused Faquir Chand, who was posted as Electrician in Municipal Committee, Nahan met him and asked for a sum of Rs. 150/-, which according to him were required to be deposited in the Municipal Committee and thereaft...
Rama Nand Sharma Vs. VipIn Kumar and ors.
Court: Himachal Pradesh
Decided on: Apr-21-2011
1. These two appeals are being disposed of by this common judgment since they arise out of the same award. 2. The undisputed facts of the case are that on 21.1.1999, claimant Vipin Kumar was travelling by Maruti Van No.DNA-7606 which according to him was owned by Rama Nand Sharma, appellant in FAO No.403 of 2004. It is also not disputed that the van fell down in a Nallah and the claimant sustained injuries and filed a Claim Petition for the grant of compensation. 3. Initially, Rama Nand Sharma who was driving the vehicle was made the sole respondent since it was alleged that he was both the driver and the owner of the vehicle. Later the petition was amended and M/s.Naveen Filter Industry, Ramesh Kumar and Chet Ram Bekta were impleaded as being owners of the vehicle in question. 4. Rama Nand Sharma denied that the vehicle was owned by him. He in fact denied that it was being driven by him at the time of the accident. He claimed that the vehicle was owned by M/s.Naveen Filter Industry. 5...
Nikku Ram Vs. H.R.T.C. and anr.
Court: Himachal Pradesh
Decided on: Apr-21-2011
1. The petitioner has filed the petition for quashing of Annexure A-9 dated 23.10.2001, vide which the benefit of exserviceman was not given to him. The petitioner has also sought direction against the respondents to treat the petitioner to be appointed against the vacancy reserved for ex-servicemen from the date of initial appointment on 3.5.1990 and to grant him consequential benefits like seniority, pay fixation on the basis of Demobilized Armed Forces Personnel (Reservation of Vacancies in the Himachal State Non-Technical Services) Rules, 1972 and the instructions issued by the State of Himachal Pradesh from time to time. It has also been prayed that the respondents may be directed to assign seniority of the petitioner in the cadre of drivers after counting his approved military service of 19 years and to grant him consequential benefits. 2. The pleaded case of the petitioner is that he joined the Indian Army on 16.12.1968 and was released from the Army on 29.4.1976. He served D.S....
Balbir Singh and ors. Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Apr-21-2011
1. By this judgment, three appeals, particulars whereof are given hereinabove, are being disposed of, because appellants in all the three appeals, have been convicted and sentenced by the same judgment of the trial Court, i.e. judgment dated 28.6.2002, of learned Special Judge, Shimla. 2. Appellants, Jai Lal Banstu and Balbir Singh, have been convicted of offences, under Sections 120-B, 468, 471, 420 IPC and Rule 20 of the H.P. Forest Produce (Land Routes) Rules, 1978, while appellants Nathu Singh and Subhash Chand, besides the aforesaid offences, have been convicted of offences, under Sections 218 IPC and Section 5(2) of the Prevention of Corruption Act, 1947. All the appellants have been sentenced to undergo rigorous imprisonment for a period of six months and to pay fine of Rs.500/-, under Section 120-B IPC, to undergo rigorous imprisonment for a period of three years and to pay fine of Rs.1500/-, under Section 420 IPC, to undergo rigorous imprisonment for a period of three years an...
Rajeev Kumar Vs. State of Himachal Pradesh and ors.
Court: Himachal Pradesh
Decided on: Apr-21-2011
1. Petitioner was appointed as Constable on 30th January, 1990. He was found absent on 6th March, 2002 while posted as sentry Magazine Guard, Police Lines, Solan. Regular inquiry was ordered to be instituted against him vide order dated 8th March, 2002. The summary of allegations was served upon him on 6th April, 2002, to which he has not filed any reply. Thereafter PWs.1, 2, 3, 4 and 5 were examined by the Inquiry Officer on 8th May, 2002. Regular charge-sheet was served upon him on 11th July, 2002. He has admitted before the Inquiry Officer that he has received the copy of the charge-sheet and he has admitted all the charges levelled against him.He has refused to tender written reply. The inquiry was completed by the Inquiry Officer. The inquiry report is at page 45 of the record produced by the State during the course of hearing. The Inquiry Officer has concluded that the charges levelled against the petitioner were duly proved and moreover, he has admitted the charges levelled agai...
Pritam Chand Vs. Ram Krishan Gaur and ors.
Court: Himachal Pradesh
Decided on: Apr-21-2011
1. This appeal by the claimant has been filed for enhancement of compensation and therefore, only the facts relevant are being given. 2. The undisputed facts are that the appellant suffered multiple injuries in a motor vehicle accident. He suffered fracture of his arm and legs. He immediately went to Pawar Nursing Home, Paonta Sahib where he was given first aid and thereafter sent for treatment to Bhandari Hospital at Vikas Nagar where he remained admitted from 31.1.2003 to 16.2.2003. The learned Tribunal has awarded Rs. 43,000/- to the appellant on account of medical and transport expenses after perusing the bills which amount to Rs. 42,119/- in all. No other bill has been proved on record. In addition to this, the claimant was awarded Rs. 7,000/- for gratuitous services rendered, though there was virtually no evidence in this regard. The learned Tribunal has also awarded Rs. 43,000/- to the appellant for pain and suffering and loss of comforts inclusive of his future medical treatmen...
Jagdev Singh Vs. Pheenu Ram Alias Ashwani Kumar and anr.
Court: Himachal Pradesh
Decided on: Apr-20-2011
1. This Civil Revision Petition is directed against the judgment dated 31.10.2008, passed by the learned Additional District Judge, Fast Track Court, Una in Civil Appeal No. 13 of 2007. 2. Material facts necessary for adjudication of this petition are that the petitioner-plaintiff (hereinafter referred to as ‘the plaintiff’ for convenience sake), has instituted a Civil Suit bearing No. 37 of 1993, for specific performance of contract against the respondents-defendants (hereinafter referred to as ‘the defendants’ for brevity sake). According to the plaintiff, the defendant No. 1, namely, Shri Pheenu Ram alias Ashwani Kumar has entered into an agreement for the sale of land measuring 0- 15-36 hectares, vide agreement dated 08.05.1992 for a consideration of `20,000/-. The said amount was paid to him and defendant No. 1 executed a receipt in token of `20,000/-. The sale deed was agreed to be executed on or before 30.06.1992, but defendant No. 1 did not honour the ag...
Narender Thakur Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Apr-19-2011
1. The appellant hereinafter referred to as “accused” was tried and convicted by the learned trial Court for the offence punishable under Section 363 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of six months and to pay fine of `1000/-. In default of payment of fine he was further ordered to undergo simple imprisonment for a period of 2 months, for allegedly kid-napping the prosecutrix (aged 9 years).Hence the present appeal by the convict precisely on the grounds that the learned trial Court did not appreciate the evidence of the prosecution in the right perspective , the accused was falsely implicated and also that the delay in lodging the FIR is not properly explained in the instant case. 2. In short, prosecution story can be stated thus. In the year 2004, prosecutrix was a student of 4th standard, studying in the Government Primary School Nehrian. On 1.1.2004 between 3 or 4 p.m. when she was returning to her home, while passing th...
State of Himachal Pradesh Vs. Dharam Singh and ors.
Court: Himachal Pradesh
Decided on: Apr-19-2011
1. State has appealed against the judgment dated 19.11.2003 of the learned Special Judge (Forests), Shimla, whereby respondent Dharam Singh, Pradhan of Gram Panchayat Chanog, Tarun Nehru, Secretary, Gram Panchayat Chanog and Suresh Kumar, Junior Engineer in the office of Block Development Officer, Mashobra, have been acquitted of charge, under Sections 409, 420, 467, 468, 471, 120-B of the Indian Penal Code and Section 13(2) of the Prevention of Corruption Act, 1988. 2. Prosecution case may be stated thus. On a complaint made by some residents of the village that money sanctioned for various projects for Gram Panchayat, Chanog had been mis-appropriated by the Pradhan of the Panchayat, namely, respondent Dharam Singh, in connivance with the Secretary of the Panchayat, namely, Tarun Nehru (respondent No.2) and Suresh Kumar, Junior Engineer, office of Block Development Officer, Mashobra (respondent No. 3), Joint Director, Panchayati Raj, namely, Bal Krishan Sharma (PW-18), was deputed to ...
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