Himachal Pradesh Court August 2011 Judgments
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Ravinder Kumar Vs. Smt. Asha Devi
Court: Himachal Pradesh
Decided on: Aug-11-2011
DEV DARSHAN SUD, J.1. The appellant is the father of the minor Km. Suman and claims custody of the child. He instituted a petition in the Court of Learned Additional District Judge, Una on the allegation that the parties to this petition were married on 1.8.1999 according to Hindu rites and customs. They have co-habited together as husband and wife and out of the wedlock, Km.Suman was born on 14.10.2000. Initially, the relationship between the parties was affectionate and cordial. The pleading is that the respondent herein insisted that he separate from the parents of the appellant and on refusal to do so, she left the matrimonial home in the month of October, 2000, taking away the minor child with her. It is also undisputed that the respondent instituted a petition under Section 13 of the Hindu Marriage Act but according to the appellant herein, the allegations made against him are false and frivolous. A decree of divorce was granted to them by the Lok Adalat on 8.11.2004 and the resp...
Hoshiar Singh Vs. Labour Commissioner and Others
Court: Himachal Pradesh
Decided on: Aug-09-2011
Deepak Gupta, J 1. By means of this petition the petitioner has prayed that the respondents be directed to get the award dated 23.6.1994 implemented. 2. The undisputed facts are that the petitioner was employed as a helper by Shri Phool Kumar Ahuja, respondent No.4 herein, in his factory, as a machine man. On 27.4.1991 the petitioner met with an accident while operating the machine as a result of which four fingers of his left hand were crushed. He was hospitalized and after his discharge from the hospital he went back to join his duty but respondent No.4 did not allow him to join. The petitioner, thereafter challenged his termination. The matter was referred to the Labour Court who decided the matter in favour of the petitioner. The petitioner was held entitled to reinstatement in service with full back wages. This initial award was passed ex-parte on 23.6.1994. Thereafter Phool Kumar filed an application for setting aside the ex-parte award, but this was rejected and the writ petitio...
Anupam Thakur and Others Vs. State of H.P. and Others
Court: Himachal Pradesh
Decided on: Aug-09-2011
Rajiv Sharma, J. CMP No.5518/2011 1. Heard. The application is not opposed. Allowed. Priyanka Thakur is permitted to be added as petitioner No.4. Registry is directed to carry out necessary correction in the memo of parties. The application stands disposed of. Core issue involved for adjudication in this petition is: whether the action of the respondent-State not to reserve seats for the candidates belonging to backward areas in I.G.M.C. Shimla is unconstitutional? Respondent No.4-University issued prospectus on behalf of State of Himachal Pradesh for holding combined Pre- Medical Entrance Test for graduate (M.B.B.S./B.D.S.) courses in Himachal Pradesh for academic session 2011- 2012. The last date for submission of application, as per prospectus, was 30.4.2011. It is evident from the prospectus issued by respondent No.4-University that no seats have been reserved for the candidates belonging to backward areas in I.G.M.C. Shimla. Two Seats have been reserved for this category in Dr. Ra...
Smt. Bimla Devi Vs. Smt. Sumna and Others
Court: Himachal Pradesh
Decided on: Aug-09-2011
V.K. Ahuja, J. Oral: 1. This is an appeal filed by the appellant under Section 100 C.P.C., against the judgment and decree of the Court of learned Additional District Judge, Shimla, dated 2.1.2001, whereby he had affirmed the judgment and decree passed by the learned Sub Judge 1st Class, Court No. 1, Shimla, dismissing the suit of the appellant. 2. Briefly stated, the facts of the case are that the appellant hereinafter referred to as the plaintiff, filed a suit for cancellation of sale deed dated 23.5.1991 as against the respondents hereinafter referred to as the defendants. The suit was filed as against the original defendant Govind Ram, now represented by his legal heirs as respondents. The plaintiff alleged that she is owner in possession of land as detailed in Para-1 of the plaint measuring 99-18 Bighas. She alleged that she is an illiterate woman and the defendant was known to her and he persuaded the plaintiff to sell him 1/4th share of the suit land measuring 24-10 Bighas for c...
State of H.P. Vs. Sher Singh
Court: Himachal Pradesh
Decided on: Aug-08-2011
SURINDER SINGH, J. (Oral) 1. The State has challenged the judgment of acquittal passed in criminal appeal No. 22 of 1999 decided on 19.2.2004 by the learned Sessions Judge whereby the judgment of conviction and sentence passed by the learned trial Court was set aside, consequently, the respondent hereinafter referred to as the ‘accused’, stood acquitted of the offence punishable under Section 408 Indian Penal Code. 2. Heard and gone through the evidence on record. 3. The facts giving rise to the present appeal can be stated thus. Accused was appointed as Salesman of Janali Depot of Swahan Multi-purpose Cooperative Society w.e.f. 23.2.1989 and remained as such till 10.1.1994. He was allegedly entrusted with the goods of the Society. Since some shortage was reported, as such PW3 Siri Ram Bhardwaj, Inspector Cooperative Societies was deputed by the competent authority to inspect the accounts and stock of the depot w.e.f. 19.10.1993 to 21.10.1993. During such inspection, it cam...
State of H.P. Vs. Sukh Ram and Others
Court: Himachal Pradesh
Decided on: Aug-08-2011
SURJIT SINGH, J. (Oral) 1. State has appealed against the judgment, dated 30.6.2007, whereby respondents Sukh Ram, Balbir Singh and Arun Kumar Sood, who were tried for offences, under Sections 409, 467, 468, 471, 120-B, 420 IPC and Section 13(2) of the Prevention of Corruption Act, 1988, have been acquitted. 2. Respondents were sent up for trial by the State, on the allegations that during the year 1984, there was a scheme of the Government for providing loans at cheaper interest rates to poor persons for purchase of buffaloes, running small businesses, for development of land etc. Loans used to be disbursed by the bank, on the recommendation of Block Development Officer. 3. Respondent Balbir Singh was working as Block Development Officer, Kunihar. Respondent Sukh Ram was employed as a Gram Sewak, under him. In the year 1984, applications, in the names of several persons, including PW-5 Nathu Ram and PW7 Kirpu, were submitted to respondent Balbir Singh, in his capacity as Block Develop...
Kishori Lal and Another Vs. Rohni Sharma and Others
Court: Himachal Pradesh
Decided on: Aug-04-2011
V.K. Ahuja, J. 1. This is a Regular First Appeal under Section 96 C.P.C. filed by the appellants against the judgment and decree of the Court of learned Additional District Judge, Solan, dated 24.4.1997, vide which the suit of the appellants was dismissed. 2. Briefly stated, the facts of the case are that the appellants hereinafter also referred to as the plaintiffs filed a suit under Section 92 C.P.C. against the original respondent Garud Dhawaj Sharma, now represented by his legal heirs, hereinafter also referred to as the defendant. 3. It was alleged by the plaintiffs that they have instituted the suit under Section 92 C.P.C. It was alleged by the plaintiffs that they are residents of Solan and are members of the Hindu community having Sanatanistic religious belief and faith and are worshippers of deity and temple known as ‘Durga Devi Mandir’ also known as ‘Solan Devi Temple’ , situate in Ganj Bazar Solan, comprised in Khasra Nos. 416, 419 and 420. It was all...
State of Himachal Pradesh Vs. Baljit Singh
Court: Himachal Pradesh
Decided on: Aug-04-2011
SURINDER SINGH, J (oral) 1. The State has challenged the acquittal of the respondent, recorded by the learned Additional Sessions Judge, in Cr.Appeal No.11/2201 RBT No.12/2004. on 14.10.2004, whereby the judgment of conviction and sentence passed by the learned Additional Chief Judicial Magistrate, for the offences punishable under Sections 279 and 337 of the Indian Penal Code was set-aside. 2. In short, the prosecution case can be stated thus. The respondent was a driver of Punjab Roadways. On 26th August, 1999, he was driving Bus Whether reporters of the Local papers are allowed to see the judgment? bearing registration No.PB-12C-9332, which was coming from the side of Chintpurni and going to Fazlika. Around 6 A.M. on the aforesaid day, it is alleged to have hit Tempo No.DL-2CB-2809 being driven by complainant Raj Kumar near Mubarakpur causing simple injuries to him and grievous injuries to other passengers of the Tempo. 3. Police was accordingly informed. PW11 ASI Avtar Singh ...
Puran Chand Vs. Bholi and Others
Court: Himachal Pradesh
Decided on: Aug-02-2011
Kuldip Singh, J. 1. The dispute of succession to the estate of Smt. Kishan Dei between father and daughters has reached this Court in second appeal. The appellant-father has lost in both the Courts below. 2. The facts, in brief, are that appellant had filed a suit for declaration with consequential relief of permanent prohibitory injunction against respondents regarding the land described in the plaint. The pleaded case of the appellant is that he solemnized his marriage with Smt. Kishan Dei and is having respondents 1 to 5 daughters from Smt. Kishan Dei, who inherited suit land from her father Nanda. Smt. Kishan Dei died intestate on 15.05.1998 leaving behind appellant and daughters respondents 1 to 5.The appellant is entitled to inherit the estate of Smt. Kishan Dei along with respondents 1 to 5 to the extent of 1/6th share. 3. It has been alleged that mutation No. 431 was attested by Assistant Collector, 2nd Grade, Nalagarh, on 13.01.1999 regarding the estate of Smt. Kishan Dei. The...
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