Himachal Pradesh Court April 2011 Judgments
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State of Himachal Pradesh Vs.Surender Pal and anr.
Court: Himachal Pradesh
Decided on: Apr-19-2011
1. The present appeal has come up for consideration after leave to appeal has been granted under Section 378 (3) Cr. P.C in reference to the impugned judgment dated 17.3.2001, passed by the learned Sessions Judge, Hamirpur, H.P, in Sessions Trial No. 08 of 2001, acquitting the accusedrespondents for the offences under Section 302 read with Section 34 IPC. 2. According to the prosecution deceased Pushpa Devi was married to Harbans Lal of village Tal, from whom two children were born, thereafter marriage could not be continued and customary divorce took place. In due course Pushpa Devi married accused Surender Pal in August, 1999 and started residing with Surender Pal at his village Malwal Jadid. In June, 2000, deceased Pushpa Devi had come to her parents house at village Chhota Chhal, with her husband Surender Pal and covillager Kulbir Singh and stayed in the house of Shri Jaishi Ram, i.e the father of deceased on 8.6.2000, who was running a Gharat in ‘Kunah Khad’, situated ...
Dalip Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Apr-19-2011
1. The petitioners approached this Court for grant of bail. They have been charged for offences under Sections 20 and 29 of the Narcotics Drugs and Psychotropic Substances Act in FIR No.29/11, dated 18.2.2011 registered at Police Station Theog. The allegation is that 1 Kg. 700 Grams Charas was found in a bag which they were carrying. Prior to the institution of the present petition, another application for release on bail was moved before the learned Sessions Judge, which was withdrawn. The petitioner in Cr.MP(M) No. 214 of 2011 is a student studying at an institute in Solan. 2. The petition is resisted by the State on the ground that the petitioners were found to be carrying a large quantity of contraband and that their enlargement on bail would constitute a danger to the society. It is also urged that there is all possibility that the petitioners will interfere/tamper with the prosecution evidence. I have heard learned counsel appearing for the petitioners as also the learned Additio...
Ashwani Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Apr-19-2011
1. Pursuant to the order dated 4 th April, 2011, complainantrespondent No. 2 Renu, wife of Shri Ashwani Kumar, petitioner No. 1 herein, present in Court. Her statement has been recorded separately by me today. 2. The petitioners pray that First Information Report No. 128, dated 6.10.2010 under Sections 498-A read with Section 34 IPC registered at Police Station, Dehra, District Kangra be quashed and set aside as it was lodged as a outcome of misunderstanding between respondent No. 2 and the family members of petitioner No.1. I have talked to respondent No. 2 and she states that she is now living happily with her husband and has cordial relations with her in-laws also. They have compromised the matter and patched up the differences which have arisen between them. She has stated that she is withdrawing this petition without any pressure, inducement or threat etc. being held out to her. 3. On going through the contents of the First Information Report, I find that the parents of petitioner...
Shivani Aggarwal and ors. Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Apr-19-2011
1. All these three petitions are taken up together as they arise out the same FIR. 2. The petitioners herein have applied for anticipatory bail. The petitioners were directed to join investigation in each case. At this stage, the petitioners are admitted to anticipatory bail on the following conditions:-(a) That each of the petitioner shall furnish a personal bond in the sum of Rs.one lac with one surety in the like amount to the satisfaction of the Arresting Officer.(b) That they shall undertake that they will not interfere with the progress of the investigation, tamper with the prosecution evidence, threat, overawe, influence, intimidate the prosecution witnesses or in any manner attempt to do so either directly or indirectly.(c) That the petitioners shall undertake that they shall not abscond from the jurisdiction of the learned Sessions Judge, Sirmaur District at Nahan and shall not obstruct the smooth progress of the trial nor shall they in any manner obstruct the investigation.(d...
Sant Ram and ors. Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Apr-19-2011
1. By this judgment, we are disposing of two appeals, one filed by the State against the acquittal of two of the seven accused, in Corruption Case No.7-S/7 of 1994, in the Court of Special Judge (Forests), Shimla, and the other by five other accused-convicts, who have been convicted, in the same case, vide judgment dated 30 th December, 2000. Since both the appeals arise out of the same judgment delivered in the same case, we are deciding them by a common judgment. 2. First, we may notice the case of the prosecution. One Sita Ram, examined as PW-24, resident of village Sarkali, Tehsil Chopal, District Shimla, sought permission to fell trees, standing on his private land. That application was processed. His land was demarcated by revenue officials. Nine trees of Kail species were found on his land, which were marked. Felling permission was granted in favour of said Sita Ram. He felled the marked trees and converted them into 118 scants, having volume of 437.97 cft. Sita Ram sold the tim...
M/S.Plato Industries Ltd. Vs. State of Himachal Pradesh and ors.
Court: Himachal Pradesh
Decided on: Apr-19-2011
1. These two writ petitions are being disposed of by one judgment since similar questions of law and fact are involved in the same. Briefly stated the facts of the case are that there was a company working under the name and style of M/s.Chanana Steel Tubes Private Limited at Parwanoo. 2. This company had its factory on lease hold land provided by the H.P Housing Board. M/s.Chanana Steel Tubes had taken loans from the HPFC and HPSIDC. Since these loans were not repaid within time and M/s.Chanana Steel Tubes defaulted in the re-payment of its loan(s), the unit was taken over in terms of Section 29 of the State Financial Corporations Act. 3. Thereafter, the unit of M/s.Chanana Steel Tubes was put to sale. An advertisement was issued by the H.P State Industrial Development Corporation in this regard, relevant portion of which reads as follows:- “THE HIMACHAL PRADESH STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD. NEW HIMRUS BUILDING, CART ROAD, SHIMLA INDUSTRIAL UNITS AVAILABLE FOR SA...
Lekh Raj Tekra Vs. Raniya Ram and ors.
Court: Himachal Pradesh
Decided on: Apr-18-2011
1. This petition is directed against the order dated 11.1.2011 passed by the learned Additional District Judge, Solan in Civil Appeal No.10-S/14 of 2009 (probably it should have been numbered as Civil Miscellaneous Appeal and not Civil appeal) whereby he set aside the order of the learned Trial Court dated 21.8.2009 dismissing the application for interim relief filed by the respondents (hereinafter referred to as the ‘plaintiffs’). The learned Lower Appellate Court vide the impugned order has remanded the case back to the learned Trial court to hear the matter afresh and decide both the applications together and has further directed the parties to maintain status quo qua the nature and possession of the suit land in question. 2. Briefly stated the facts of the case are that the plaintiffs filed a suit for declaration and permanent prohibitory injunction against the present petitioner (hereinafter referred to as the ‘defendant’). It is alleged in the suit that pl...
Bhagi Rath Vs. H.R.T.C. and ors.
Court: Himachal Pradesh
Decided on: Apr-18-2011
1. The petitioner has prayed for quashing of Annexure PC office order dated 10.7.1989, Annexure PD office order dated 9.5.1991 fixing the pay of the petitioner, Annexure PE office order dated 10.12.1991 re-fixing the pay of the petitioner, Annexure PF office order dated 9.3.2005 fixing the petitioner in the pay scale of ` 3120-6200 after proficiency step up and Annexure PG office order dated 14.3.2005 again re-fixing the pay of the petitioner. A direction has been sought against the respondents to re-fix the pay of the petitioner. The petitioner has claimed interest at the rate of 12% per annum on the arrears. 2. The brief facts of the case are that the petitioner was appointed as Conductor in the Mandi-Kullu Road Transport Corporation on 23.6.1970. The Mandi- Kullu Road Transport Corporation merged with Himachal Government Transport. Thereafter, Himachal Road Transport Corporation (for short ‘HRTC’) was established and the services of the petitioner were transferred to HRT...
Pawan Kumar Vs. Hem Raj and ors.
Court: Himachal Pradesh
Decided on: Apr-18-2011
1. This petition is directed against two orders. Firstly, the order whereby the application for grant of stay of execution proceedings was rejected and secondly the order whereby the objections of the petitioner/Judgement debtor have been rejected. 2. As far as the first order dated 18.6.2009 is concerned, it would be pertinent to mention that the judgement debtor had filed an application under Order 21 Rule 26 read with Order 41 Rule 6 CPC for staying the execution of the decree only on the ground that he had filed an appeal against the decree dated 25.04.2007. It is not disputed before me that the appeal has also been finally disposed of. Therefore, this part of the petition does not survive. 3. The next contention of Shri Sanjeev Kuthiala, learned counsel for the petitioner is that the order dated 14.7.2009 does not decide the objections of the judgement-debtor and that the objections could not have been decided in such a cursory manner without framing issues and giving an opportuni...
State of Himachal Pradesh Vs. NaraIn Dass and ors.
Court: Himachal Pradesh
Decided on: Apr-18-2011
1. State has appealed against the judgment dated 24 th June, 2003, of the learned Special Judge, whereby respondents Narain Dass, Shyam Lal, Krishan Chand, Laiq Ram, Chet Ram, Ram Prakash and Piare Lal Sudan and some other persons, who are now no more, have been acquitted of charge of offences, under Sections 465, 467, 468, 471, 420, 167, 218, 381, 447, 379 and 120-B of the India Penal Code and Section 5(1)(d) of the Prevention of Corruption Act. 2. Prosecution case, as per record, may be stated. There used to be a small State, having territorial area of only seven villages, known as Ravingarh. Now this State is part of Jubbal Tehsil of Shimla District. In the year 1948, when the aforesaid State merged in the Union of India, revenue record of all the seven villages, comprised in it, was handed over to the Tehsil Office at Jubbal. Original map, known as Musabi, and one Latha were also handed over to the Tehsil Office. Mouni was, however, not handed over. As per practice, original map, k...
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