Himachal Pradesh Court March 2013 Judgments
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Mrs. Santosh Sharma and Another Vs. the Icici Bank Ltd. and Others
Court: Himachal Pradesh
Decided on: Mar-25-2013
Oral: R.B. Misra, ACJ. The petition has been filed mainly for the following prayers: i) That the writ of certiorari may kindly be issued against the respondents, quashing the Annexure P-6. ii) That the writ of mandamus may kindly be issued in favour of the petitioners directing the respondent bank for making the reschedulement of the outstanding loan dues with the petitioner No. 1. iii) That the respondent Bank may be directed to settle the outstanding loan dues of the petitioner No. 1 under one time settlement guide lines framed by the Reserve Bank of India or under the guide lines of the respondent Bank, if framed by it. iv) That the respondent bank may be directed to allow sufficient time to the petitioners so that they may arrange the amount for clearing the outstanding loan dues (after allowing rebate/concession in the interest and by waiving of the penalties) or permission may be allowed to the petitioner No. 2 to sell out some portion of his building to satisfy the outstanding l...
Abhilasha Mudhar Vs. Sh. Surinder Mudhar
Court: Himachal Pradesh
Decided on: Mar-25-2013
Sanjay Karol, J. (Oral) This is the plaintiffs suit for a decree for grant of maintenance @ `35,000/- per month w.e.f. 8th July, 2004, the date on which the suit was filed. 2. The defendant is ex-parte. The plaintiff, being an indigent person, stands permitted to institute the suit as such. 3. As per the averments made in the plaint, plaintiff (Smt. Abhilasha Mudhar), was married to defendant (Shri Surinder Mudhar), on 17.1.2001. The marriage was registered under the Hindu Marriage Act on 18.1.2001 before the Divisional Whether reports of Local Papers may be allowed to see the judgment? Magistrate -cum- Marriage Officer, Shimla. The defendant, who was working as a Pilot in Air Canada, at the time of marriage was earning Rs.8,000/- Dollars per month. He owned agricultural land at Jalandhar, Punjab (India) as also two residential houses and land in Surrey, British Columbia, Canada. Sometime after the marriage, which was duly solemnized by the parties, defendant left for Canada by making ...
Jai Nand Sharma Vs. H.P.S.E.B. Ltd. Through Its Chief Executive Office ...
Court: Himachal Pradesh
Decided on: Mar-15-2013
Rajiv Sharma, J. 1. Petitioner was appointed Junior Engineer in the respondent-Board on 16.7.1984. He was promoted to the post of Additional Assistant Engineer after completion of eight years service. He was further promoted to the post of Assistant Engineer in the month of September, 2003 and Senior Executive Engineer in the month of September, 2008. He retired on 31.1.2009. Deputy Secretary (GE) sent a communication to the Chief Accounts Officer on 26.2.2009 requesting him to withhold an amount of Rs. 10,34,746/- from the retiral benefits of the petitioner until and unless the clearance of MAS/completion reports and regularization of excess over sanctioned estimates of the works executed by the petitioner. The Accounts Officer (Pension) also sent a communication to the Accounts Officer (P.G.) vide Annexure P-2 on 21.9.2011, according to which a sum of Rs. 10,34,746/- was recoverable from the petitioner, which was required to be adjusted accordingly from other dues payable to the peti...
State of Himachal Pradesh Through the Chief Secretary and Another Vs. ...
Court: Himachal Pradesh
Decided on: Mar-13-2013
Oral: Surinder Singh, J. Considered. C.M.P.(M) No.1637 of 2012. 2. There is delay of 149 days in filing the present appeal. The contention raised in the application, which is duly supported by the affidavit, prima-facie constitutes sufficient cause to condone the delay, as such application is allowed. Delay in filing the appeal is hereby condoned. Application stands disposed of. L.P.A. No.454 of 2012. 3. Heard. 4. The State feels aggrieved by the judgment of the learned Single Judge passed in CWP (T) No.2/2011 decided on 19.3.2012, whereby the petition filed by the respondent was allowed whereby he was deemed to have been appointed on regular basis from the initial date of his appointment, i.e. 6.8.1992 as Law Officer in the office of the Advocate General with all consequential benefits, as per concluding para of the impugned judgment. 5. Feeling aggrieved, the State preferred the instant appeal, on the ground that the respondent was not fulfilling condition No.2 of the Regularization ...
Royal Grand Mother Dechen Cheling Palace Vs. State of H.P. Through Sec ...
Court: Himachal Pradesh
Decided on: Mar-13-2013
This writ petition is preferred to quash and set aside the orders Annexures P-5, 11 and 15 declining the release of vehicles to the petitioner being allegedly involved in a criminal case. 2. The learned Advocate General has stated at bar that a communication was received by the Director General of Police from Director Royal Government of Bhutan, Ministry of Information and Communication dated 5th August, 2011 (Annexure P-6), in reference to letter dated 11.8.2011 regarding the information sought with respect to impounding of vehicles registered in Bhutan whereby, it is informed that as per record vehicle BHT-27 Land Rover is a scrap vehicle and as per the current status of the vehicle registration number stands cancelled and owner thereof has been informed accordingly. Further, according to them the owner of the said vehicle had preserved the vehicle as a royal gift. It is further clear from the letter that BHT-27 Land Cruiser Model 2009 was registered in place of BHT-27 (Land Rover), ...
Schhida Nand and Another Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Mar-01-2013
Dev Darshan Sud, J (Oral) 1. The appellants challenge their conviction under Section 20 of the Narcotic Drugs and Psychotropic Substances Act 1985 (hereinafter referred to as NDPS Act). They have been sentenced to undergo rigorous imprisonment of one year and fine of Rs.1,000/- each for possession of charas weighing 350 grams from first appellant-Sachhida Nand and 250 grams from second appellant-Meera Sharma. 2. The prosecution case in brief is that on 28.3.2009 PW9 ASI Sh. Prem Chand along with PW1 H.C. Sh. Shashi Kumar, PW8 L.C. Sh. Meena and some other police officials were on patrolling duty at Fagu. At around 5.40 P.M., they were checking vehicles at random. One Mahindra Pick-up No HP 63-0490 was coming from Cheog proceeding towards Fagu. On seeing the police party, the occupants of the vehicle tried to run away but were intercepted by PW9 ASI Sh. Prem Chand. Accused Sachhida Nand was driving while accused Meera Sharma was seated. The police suspected that accused were in possessi...
Shiksha (Minor) Through Her Mother and Natural Guardian Mamta Vs. Stat ...
Court: Himachal Pradesh
Decided on: Mar-01-2013
Surinder Singh, J (Oral) By means of the present petition under Article 226 of the Constitution of India, the minor petitioner (9 years) through her mother seeks a writ of mandamus directing the 1st respondent to entrust the investigation of FIR No. 40 of 2010 under Section 376 Indian Penal Code registered in police Station Jawalamukhi to C.B.I. to conduct investigation afresh and arrest 9th respondent Nitin Kumar and conduct his DNA test. 2. Precisely, facts giving rise to the present petition are that the prosecutrix alleged rape by some un-known persons on 1.3.2010 and her allegations were recorded in terms of FIR No. 40 of 2010 registered in police station Jawalamukhi. She was taken from one place to another for medical examination for want of a lady doctor. Ultimately after her medical examination she was admitted in the hospital for the treatment of injury on her person. On 2.3.2010 9th respondent was brought by the respondent before her for identification but she could not ident...
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