Himachal Pradesh Court March 2012 Judgments

High Court of Himachal Pradesh, Through Its Registrar and Another Vs. ...

Court: Himachal Pradesh

Deepak Gupta, J. Oral: 1. This appeal by High Court is directed against the judgment dated 25.9.2008, delivered by a learned Single Judge of this Court in CWP No. 84 of 2006, whereby he allowed the petition filed by the respondent (hereinafter referred to as the petitioner) and directed the present appellant to process the case of the petitioner for being placed against a post of Junior Assistant with all consequential benefits. 2. Briefly stated, the facts of the case are that the petitioner was appointed as a Peon in Civil and Sessions Division, Solan in October 1990. He was appointed as a Clerk (Civil Ahlmad) w.e.f. 21.3.1995. The petitioner sought his transfer from Civil and Sessions Division, Solan to Civil and Sessions Division, Kullu and on his request he was transferred on 1st October, 1999 and relieved on 13th October, 1999. He joined his duties in Civil and Sessions Division, Kullu on 15th October, 1999. As per the Inter District Transfer Scheme when a person, on his own requ...

Kanwal Arora Vs. H.P. State Urban Development Authority (Himuda), Shim ...

Court: Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

Surjit Singh, President J. (Oral). 1. This is a complainants appeal against the order dated 4th August, 2009, of learned District Consumer Disputes Redressal Forum, Shimla, whereby his complaint, under section 12 of the Consumer Protection Act, 1986, which he field against the respondent, HP State Urban Development Authority, has been dismissed.2. Facts, which led to the filing of the complaint by the appellant, against the respondent may be stated. On an application moved by the appellant in response to some advertisement got published by the respondent, one flat in Housing Colony, Shoghi, was allotted to the appellant, vide letter dated 06.02.1998, Annexure A-1. As per this letter, tentative cost of the flat was `5,37,500/-. Fifteen percent of the tentative cost was to be paid at the time of the issuance of allotment letter and the balance amount in six half yearly instalments of Rs.53,750/- each, so as to make up 75% of the total cost by the time the flat was supposed to be ready fo...

Angrej Singh @ Kaka S/O Sh. Girdhari Lal and Another Vs. State of Hima ...

Court: Himachal Pradesh

Reported in: 2012CrLJ3335

Surinder Singh, J. 1. The appellants felt aggrieved by the judgment of conviction passed against them by the learned trial Court in SC No.60-N/VII/03/ST No.3 of 2004, decided on 25.4.2005/26.4.2005, whereby appellant Angrej Singh was sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of `25,000/- for the offence punishable under Section 304-II of the Indian Penal Code and another appellant Kewal Singh was sentenced to undergo imprisonment for the period already undergone and to pay a fine of `1,000/- for the offence punishable under Section 323 of the Indian Penal Code with the default clause. In case of realization of the fine, the same is ordered to be paid as compensation to the legal heirs of deceased Ashok Kumar. Hence the present appeal. 2. In brief, the prosecution story can be stated thus. On 24.3.2003, PW3 complainant Teja Singh was working as a labourer-cum-driver in the tractor. In the evening around 5/6 pm, he alongwith his maternal uncl...

Sh. Jasbir Singh and Others Vs. State of Himachal Pradesh

Court: Himachal Pradesh

Kuldip Singh, J. 1. This petition has been directed for setting aside order dated 24.08.2011 passed by learned Judicial Magistrate Ist Class, Court No.5, Shimla, in case No. 36-2 of 2011 pending in the Court of learned Judicial Magistrate Ist Class, Court No.5, Shimla. 2. The further facts as alleged are that petitioners No. 1 and 2 are brothers and petitioner No.3 is their father. The learned Judicial Magistrate has taken cognizance against the petitioners for commission of offence under Section 447 read with Section 34 IPC on the report submitted by police under Section 173 Cr.P.C. The cognizance was taken by learned Magistrate on 24.08.2011. It has been stated that Lekh Raj Dhiman submitted a complaint to police, thereupon police registered an FIR dated 02.12.2010 under Section 447 read with Section 34 IPC. 3. It has been alleged that complaint of Lekh Raj Dhiman refers to complaints dated 25.08.2009 and 14.07.2010. It emerges from the complaints of complainant that alleged incident...

Shyam Singh Resident of Village District Bilaspur Vs. State of Himacha ...

Court: Himachal Pradesh

Kurian Joseph, C.J. Oral: 1. The writ petitioner in CWP No. 6243 of 2010 is the appellant in this appeal. He is a physically challenged person. It is seen from the academic qualification of the writ petitioner that he is Post Graduate in Chemistry and is also Doctorate in the subject. However, he could not qualify in the test conducted by the Public Service Commission for appointment to the post of Lecturer (Chemistry) against 3% quota reserved for the category of physically challenged persons. 2. Learned Single Judge dismissed the writ petition having seen the records, holding that the petitioner had not secured the minimum marks, and hence, the appeal. 3. During the pendency of the appeal, this Court had taken steps to have the matter looked into in larger interest of the physically challenged persons. It was shockingly observed with respect to the Class-I posts that not even 25% of the posts could be filled up on account of non-availability of candidates or on account of non-suitabi...

The H.P. Urban Development Authority (Himuda) Through Its Chief Execut ...

Court: Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

Surjit Singh (Retd.), President: Oral: In the present appeal under section 15 of the Consumer Protection Act, 1986, appellant has assailed the order dated 17.12.2008 of ld. District Consumer Disputes Redressal Forum, Bilaspur, whereby a complaint instituted under section 12 of the Consumer Protection Act, 1986 by the respondents has been allowed and the appellant has been ordered to refund a sum of Rs.2,28,660/- together with interest @! 12% per annum from the date of deposit of the aforesaid amount of money and also to pay Rs.3,000/- on account of cost of the litigation. Facts relevant for the disposal of appeal may be noticed. Sometime in the year 1992, appellant advertised a scheme for construction of certain flats in Strawberry Hills area of Shimla. That was a self-financing scheme. Flats were constructed and sought to be sold in accordance with the said scheme. However, several flats remained unsold. The Board of Directors of the appellant in its 129th meeting held on 13.09.2001, ...

Shamsher Singh Vs. Smt. Jasbir Kaur, Resident of Village and Post Offi ...

Court: Himachal Pradesh

Reported in: 2012AIR(HP)83

Dev Darshan Sud, J. 1. This appeal has been preferred by Shri Shamsher Singh, great grandfather of the minor Satinder Pal Singh whose custody has been claimed by respondent Smt.Jasbir Kaur being her mother and natural guardian and granted as such by the learned Court below. 2. The brief facts of the case are that a petition under Section 6 of the Hindu Minority and Guardianship Act, 1956 read with Sections 7, 8 and 10 of the Guardian and Wards Act, 1890 was instituted by the respondent claiming custody of the minor. She pleaded that the minor Satinder Pal Singh was born on 16.2.2000 out of her wedlock with Jasdev Singh who died on 6.1.2000. She became a widow at a very young age and with the consent of the parents of her late husband Jastev Singh she remarried and out of that wedlock she has two children. The case pleaded is that in order to facilitate this marriage, the custody of the minor was handed over to the grandfather Kishan Singh for a short period for which purpose agreement ...

Sonu Kumar, Resident of Village Dharwahan, Police Station Vs. State of ...

Court: Himachal Pradesh

Reported in: 2012CrLJ3210

Sanjay Karol, J. 1. In terms of judgment dated 27.11.2008, passed by the Ld. Sessions Judge, Mandi, H.P. in Sessions Trial No.9 of 2008, titled as State Vs. Sonu Kumar, i.e. the accused (the present appellant) stands convicted for having committed offences punishable under Sections 366-A and 376 of The Indian Penal Code, 1860 (referred to as I.P.C.). He is sentenced to undergo imprisonment for a period of ten years in relation to each of the offences and also to pay fine of `.10,000/- each, and in the event of default to further undergo simple imprisonment for a period of one year each. 2. It is the case of prosecution that on 5.10.2007, prosecutrix (PW-11) aged about 13-14 years, student of 8th standard, was subjected to forcible sexual intercourse by the accused who lives in her neighbourhood, under promise and inducement of marriage. Out of fear she did not disclose the incident to anyone, and also left her house on 6.10.2007 to an undisclosed place. Eventually, her parents found he...