Himachal Pradesh Court April 2011 Judgments
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ishwar Dass Aggarwal and ors. Vs. Nirmala Devi and ors.
Court: Himachal Pradesh
Decided on: Apr-04-2011
1. This is a petition filed by the petitioners/plaintiffs under Article 227 of the Constitution of India, against the order passed by the learned Additional District Judge (Fast Track Court), Hamirpur, dated 17.9.2009, allowing the application filed by the respondents for additional evidence under Rule 41 Rule 27 C.P.C. 2. Being aggrieved, the petitioner has filed the present petition. A notice of the petition was issued to the respondents. 3. I have heard the learned counsel for the parties and have gone through the record of the case. 4. A suit for declaration and permanent injunction was filed by the plaintiffs/present petitioners as against the respondents. The said suit was decreed by the learned trial Court holding that the plaintiffs are co-owners in possession of the suit land being the heirs of Manglan Devi. An appeal was preferred by the respondents and during the pendency of the appeal, an application under Order 41 Rule 27 C.P.C. was filed by the respondents/defendants for ...
State of Himachal Pradesh Vs. Siri Ram and ors.
Court: Himachal Pradesh
Decided on: Apr-04-2011
1. By this appeal, under Section 378 of the Code of Criminal Procedure, State has challenged the judgment dated 24.6.2003 of learned Special Judge (Forests), Shimla, whereby respondents Siri Ram and others, who were charged with and tried for offences, under Sections 465, 467, 468, 471, 420, 218, 167, 447, 379, 120-B IPC, Sections 33/41-42 of Indian Forest Act and section 5 (1) of the Prevention of Corruption Act, have been acquitted. 2. Case was registered against the present respondents on a written complaint Ext. PW1/B, lodged by Divisional Commissioner, Shimla, with the Inspector General of Police. As per allegation made in Ext. PW1/B, Musabi of village Sabhar, in Jubbal Sub Division, had been tampered with by Rama Nand, deceased Patwari and Salig Ram, deceased Kanungo, in connivance with two private land owners named Jia Lal and Devki Nand. 3. During the course of investigation, it came to light that respondent Siri Ram, in connivance with other respondents, had forged the copy of...
Lekh Ram Vs. Bimla Devi and Others
Court: Himachal Pradesh
Decided on: Apr-01-2011
1. The challenge herein in this revision petition under Section 397 of the Code of Criminal Procedure, 1973 (in short ‘Cr.P.C’), is against the order dated 24.4.2003, of the learned Sessions Judge, Bilaspur, Himachal Pradesh, in criminal revision No. 26/10 of 2001, whereby order dated 16.10.2001, passed by the learned Addl. Chief Judicial Magistrate, Ghumarwin, District Bilaspur, H.P., dismissing the application under Section 125 Cr.P.C filed by the respondents herein (wife and children) against the petitioner herein (husband), has been set aside and monthly maintenance of ` 300/- to the wife and `100/- each to the children, has been granted from the date of application, that is, 30.12.1998. 2. The inter se relationship between the parties is admitted. The marriage between petitioner No.1 and the respondents was solemnized somewhere in the year 1987. Petitioners No. 2 and 3 were born out of the wedlock. At the time of filing of the application for maintenance, they were age...
State of Himachal Pradesh Vs. Pramodh chand and others
Court: Himachal Pradesh
Decided on: Apr-01-2011
1. These appeals are being disposed of by common judgment since both these appeals have been preferred against the judgment dated 26.2.2001 passed byte Additional Sessions Judge (I), Kangra at Dharmshala,District Kangra, H. P. in Sessions Case No.252-P/98 under Sections 498-A, 306 read with Section 34 of the Indian Penal Code. 2. The criminal appeal preferred by the State has come up for consideration after the grant of leave to appeal under Section 378 (3) of the Code of Criminal Procedure against the judgment dated 26.2.2001 passed by the Additional Sessions Judge (I), Kangra at Dharmshala, District Kangra, H. P. in Sessions Case No.252-P/98 acquitting accusedPromodh Chand under Section 306 of the Indian Penal Code and convicting him under Section 498-A of the Indian Penal Code whereas, remaining accused namely Chhotto Ram and Anita Devi were also acquitted for the offences under Sections306 and 498-A read with Section 34 of the Indian Penal Code. 3. The prosecution case, in brief, i...
State of Himachal Pradesh Vs. Hans Peter Wuthrich
Court: Himachal Pradesh
Decided on: Apr-01-2011
1. This appeal by the State is directed against the judgment dated 1.12.1999 passed by the learned Sessions Judge, Kullu in Sessions Trial No.17 of 1997 whereby he acquitted the accused of having committed offences punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the Act’) and Section 25 of the Arms Act, 1959. 2. The prosecution version, in brief, is that on 1st December, 1996, PW-19 K.C. Rana, who was then posted as Station House Officer in Police Station, Manali, was on patrolling duty in Manali Bazaar alongwith other police officials, including PW- 18, Amarjit Singh. At about 2.00 p.m. PW-19, K.C. Rana received a secret information that the accused, who was residing in the house of PW-14, Ahlya Devi, is engaged in the sale and purchase of charas. The secret information supplied also revealed that the accused is having some arms without licence and that he is living there without a valid passport. On rece...
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