Himachal Pradesh Court July 2012 Judgments
Nirmala Devi Vs. State of H.P. Through the Secretary (Health) to the G ...
Court: Himachal Pradesh
Decided on: Jul-30-2012
Rajiv Sharma, J. 1. Petitioner joined her duties at Sain Alathu (Kotli, Mandi) on 27.11.2009 as Female Health Worker. She has been transferred from Sain Alathu (Kotli, Mandi) to Gangoti (Lad Bhadol), District Mandi vide office order dated 11.5.2012. 2. According to Mr. Ajay Kumar Dhiman, petitioner has not completed her normal tenure at Sain Alathu. He has also argued that petitioners husband is serving in Indian Army and as per the transfer policy; petitioner was required to be posted at the place of her convenience. 3. Mr. Vivek Thakur, learned Additional Advocate General has supported the office order dated 11.5.2012. 4. We have heard the learned counsel for the parties and have gone through the pleadings meticulously. 5. Petitioner has served with effect from 24.10.2002 to 9.2.2006 at Balt (Ratti, Mandi) and thereafter she has served at Upper Bhambla (Baldwara, Mandi) with effect from 27.5.2006 to 26.11.2009. The distance between Balt (Ratti, Mandi) and Upper Bhambla (Baldwara, Man...
Tag this Judgment!Sh. Santa Singh Vs. Kanwar Charanjit Singh
Court: Himachal Pradesh
Decided on: Jul-27-2012
1. This petition under Section 482 of the Code of Criminal Procedure (for short Code) has been filed for setting aside, quashing summoning order dated 31.05.2011 passed by learned Judicial Magistrate Ist Class, Court No.1, Amb, in Criminal Complaint No. 84-1/2009 and also for quashing Criminal Complaint No.84-1/2009. 2. It has been stated in the petition that petitioner is devotee and managing affairs of Gurdwara Manji Sahib, Mairi, as President. There is another Gurdwara Dera Baba Barbhag Singh Ji controlled and managed by respondent adjacent to Gurdwara Manji Sahib, Mairi. 3. On Khasra No.3417 measuring 0-00-20 hectares at Mairi, in fact, there is a gairmumkin sarak on the spot, but in the revenue record entry has been wrongly recorded as gairmumkin abadi of Dera Baba Barbhag Singh Ji. The entry is wrong and factually incorrect. 4. The petitioner as President of Gurdwara Manji Sahib being most affected with the revenue entry on Khasra No.3417, filed an application before the Assistan...
Tag this Judgment!Shyam Lal Vs. Narda Devi
Court: Himachal Pradesh
Decided on: Jul-24-2012
V.K. Ahuja, J. Oral: 1. This is a regular second appeal filed by the appellant/plaintiff under section 100 C.P.C against the judgment and decree, dated 1.7.2006, passed by the learned District Judge Solan, affirming the judgment and decree, dated 9.12.2005, of the learned Senior Sub Judge (Senior Division), Kandaghat, dismissing the suit of the plaintiff for permanent injunction as against the defendant. 2. Briefly stated, the facts of the case are that the appellant, hereinafter referred to as plaintiff, filed a suit for permanent injunction as against the respondent, hereinafter referred to as the defendant. It was alleged by the plaintiff that the land in suit, as described in the plaint, was owned and possessed by Smt.Krishani Devi. It was alleged that the plaintiff was nephew of Smt.Krishani Devi, who had executed a valid and registered Will, dated 5.9.1989, in favour of the plaintiff and the defendant in equal shares bequeathing her entire moveable and immoveable property in favo...
Tag this Judgment!Rajender Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Jul-24-2012
Surinder Singh, J. 1. The appellant was charge sheeted, tried and convicted for the offence punishable under Sections 376 and Section 452 Indian Penal Code as such 1 whether the reporters of Local Papers may be allowed to see the judgment? Sentenced to under rigorous imprisonment for a period of 5 years and to pay a fine of Rs.1000/- under Section 376 Indian Penal Code and six months for the offence punishable under Section 452 Indian Penal Code by the learned trial Court. Both the sentences were ordered to run concurrently. In default of payment of fine, the appellant, hereinafter referred to as the accused was further sentenced to undergo simple imprisonment for a period of one month by giving set-off of pre-trial and under trial period of detention under Section 428 of the Code of Criminal Procedure. 2. Feeling aggrieved, accused filed the present appeal. 3. Prosecution case, as emerges from the evidence on record can be stated thus. The prosecutrix (49) is a married woman having tw...
Tag this Judgment!Bhumika Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Jul-11-2012
Surinder Singh, J. 1. The appellant was found in possession of 2 Kg. stuff in the bag carried by her which contained 35.89% weight-in-weight resin of Cannabis plant, thus in terms of weight the contents of Charas of the recovered stuff were 717 grams, as such she was convicted for the Whether reporters of the Local papers are allowed to see the judgment? offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short the Act and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs..70,000/-. In default of payment of fine, she was further sentenced to undergo simple imprisonment for a period of six months. The benefit of Section 428 of the Code of Criminal Procedure was also accorded. Feeling aggrieved, the present appeal has been filed by her on law and facts. A. Contentions raised before this Court. 2. Shri M.S. Guleria, learned Counsel for the appellant, hereinafter to be referred as the accused, vehemently argue...
Tag this Judgment!Hemant Sehgal and Another Vs. K.U. Sodalamuthu and Co. Pvt. Ltd. and A ...
Court: Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla
Decided on: Jul-05-2012
(Retd.) Surjit Singh, President (Oral) By this order, we are disposing of M.A. No.44/2012, moved by the respondents/opposite parties for review of the matter and passing suitable orders. 2. Factual background that needs to be noticed for the disposal of this application is like this. Hemant Sehgal and Gagan Kapoor, hereinafter referred to as complainants, filed a complaint, under Section 12 of the Consumer Protection Act, 1986, before this Commission seeking issuance of a direction to the applicants, hereinafter referred to as opposite parties, for replacement of the machinery purchased by them from the opposite parties or to refund the price of the said machinery, which was stated to be Rs.55,10,386/-. Opposite parties (applicants in M.A. No.44/2012) contested the complaint and one of the objections raised by them was that this Commission lacked territorial jurisdiction. This Commission, without touching the merits of the case, held that it lacked territorial jurisdiction and conseque...
Tag this Judgment!State of Himachal Pradesh Vs. Manoj Kumar @ Mukhia and Another
Court: Himachal Pradesh
Decided on: Jul-05-2012
V.K. Sharma, J. 1. The State is in appeal against the judgment dated 24.1.2007 of the learned Additional Sessions Judge, Mandi, H.P., in Sessions Trial No. 29 of 2002, whereby, the respondents, who shall hereinafter be referred to as the accused and denoted as A-1 and A-2, respectively, were tried for the offences under Sections 307, 323 and 324/34 of the Indian Penal Code (in short IPC) and were ultimately acquitted. 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2. In brief, the case of the prosecution, as emerges out of statement Ex.PW-1/A of complainant Sukh Pal Singh, recorded by the police under Section 154 of the Code of Criminal Procedure, 1973 (in short Cr.P.C.) on 31.3.1999 at 8.30 p.m. at Zonal Hospital, Mandi, is that on 31.3.1999 at about 7 p.m., complainant Sukh Pal Singh (PW-1) along with Keshav Ram (PW- 10) and Jaswant Singh (PW-12) was present at his Cycle, Tyre and Scooter Repair Shop, situate at Jail Road, Mandi. In the meantime, at abou...
Tag this Judgment!Ram Prakash and Another Vs. Sneh Lata Alias Malka and Another
Court: Himachal Pradesh
Decided on: Jul-03-2012
Oral: Kuldip Singh, J. 1. This judgment shall dispose of Criminal Revision No.204 of 2011 and Criminal Revision No.243 of 2011 both having arisen out of order dated 08.07.2011 passed by learned Sessions Judge, Kangra at Dharamshala, in Criminal Appeal No. 71-P/X-2010. The facts are given from Criminal Revision No.204 of 2011. 2. The respondent had filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005, (for short 'Act') through Protection Officer against the petitioner. It has been alleged that marriage of respondent and petitioner was solemnized in 'Chamunda Mata' temple in June, 2002. The respondent was earlier married to Hem Raj and had two children from him. The petitioner contacted second marriage with respondent as his son was mentally retarded. Initially, the petitioner and his family members treated respondent properly. The respondent by raising loan and doing labour work had constructed two rooms and was living with her children in th...
Tag this Judgment!Balbir Singh Vs. State of Himachal Pradesh Through the Principal Secre ...
Court: Himachal Pradesh
Decided on: Jul-03-2012
Rajiv Sharma, J. 1. Petitioner has assailed the award dated 20.6.2009 passed by the learned Industrial Tribunal-cum- Labour Court in reference No.15 of 2004. 2. Material facts necessary for the adjudication of this petition are that the petitioner claims that he was engaged on 1.4.1991 and has continuously worked upto 31.12.1997. His further case is that he was retrenched without complying with the provisions of section 25 (F), (G) and (H) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act for brevity sake). He challenged his retrenchment by filing O.A. No. 1254/1999 before the erstwhile Himachal Pradesh Administrative Tribunal. The original application preferred by the petitioner was dismissed by the Tribunal for want of jurisdiction on 25.3.2002. Petitioner raised industrial dispute and served demand notice upon the respondents on 21.4.2002. State Government after receiving the failure report made the reference to the Industrial Tribunal-cum-Labour Court on 9.1....
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