Himachal Pradesh Court April 2013 Judgments
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State of Himachal Pradesh Vs. Mahanand
Court: Himachal Pradesh
Decided on: Apr-26-2013
Dev Darshan Sud, J. The State has challenged the acquittal of the respondent, who was charged for offences under Section 7 and 13 (2) of the Prevention of Corruption Act (hereinafter referred to as the Act). F.I.R. No.4 of 2010 dated 4.3.2010 was registered by the Police Station, State Vigilance Anti Corruption, Solan. 2. The prosecution case in brief is that on 4.3.2010 complainant PW-3 Sh. Ashok Kumar telephonically informed Inspector PW-15 Sh. Daya Sagar that Patwari of Patwar Circle Shamti accused Mahanand had made a demand for Rs.3,000/- for entering a mutation pertaining to the land of the complainant. The complainant was directed to meet the officials of the Vigilance department at Samlech Bye Pass, Solan. Statement of the complainant under Section 154 Cr. P.C. was recorded. He states that he is a mechanic by profession. His father had land holdings in Shamti and after his death this land fell to his share along with that of his mother and sister. He had asked the Patwari that m...
Anjana Sood Vs. State of H. P. Through Secretary (Education) and Other ...
Court: Himachal Pradesh
Decided on: Apr-18-2013
Surinder Singh, J. 1. The petitioner is a College Lecturer in Economics. On 25.6.2010, she was transferred to Government College Kotshera (Shimla) and worked there till July, 2012, where after she stands transferred vide order dated 2nd July, 2012 (Annexure P-3) which is under challenge, on the grounds that she was not allowed to complete her normal tenure of three years, whereas it was done only to adjust the private respondent, who pursuant tothe earlier orders on transfer did not join in SCERT Solan, but in turn got adjusted at RGDC, Kotshera in her place. It is also her case that she has been doing Ph.D and was on study leave. She appeared in viva-voce test on 4.7.2012. The petitioner was not relieved but the private respondent joined in RGDC Kotshera against a non-existent post. 2. No interim order was granted. 3. However, on 5.7.2012, this Court sought to clarify in reply by the State respondent why the transfer of the private respondent from Shimla to Solan was cancelled and th...
Nazar Deen Vs. Sadar Deen
Court: Himachal Pradesh
Decided on: Apr-05-2013
Dev Darshan Sud, J. 1. The plaintiff has challenged the judgment and decree of the two Courts below dismissing his suit praying for a decree of declaration and injunction restraining the defendant from interfering in the suit land. Both the plaintiff and the defendants are brothers. 2. The plaintiff approached the trial Court pleading that Abdul Mazid, Yusuf and Makhbool Ali were three brothers. Yusuf died on 3.8.1999, Abdul Mazid on 11.11.1988 and Makhbool Ali on 12.12.1999. Both Yusuf alias Jussa and Abdul Mazid died issueless. On the date of death of Yusuf, Makhbool Ali was alive. He was a residuary heir and in these circumstances no testamentary disposition could have been made by him without his (Makhbool) consent. (See: Mullas Principles of Mahomedan Law Section 65). It was pleaded that Yusuf was not in a sound disposing mind and his will dated 4.8.1987 executed in favour of the defendant does not bind his interest. His suit was contested on a number of grounds and five issues we...
Mahender Kumar Vs. State of H.P. and Others
Court: Himachal Pradesh
Decided on: Apr-04-2013
Oral: Dharam Chand Chaudhary, J. 1. Complaint is that the transfer of the petitioner from Govt. Senior Secondary School, Seri-Banglow (Mandi) to Govt. Senior Secondary School, Bagshar (Mandi), vide office order dated 21.9.2012 (Annexure P-2) impugned in the present petition, well before completion of normal tenure, is illegal, arbitrary and against the principles of natural justice. 2. Admittedly, the petitioner is working as a Lecturer (school cadre) in History. In October, 2010, vide order Annexure P-1, he was transferred and posted as such at the present place of his posting i.e. Govt. Senior Secondary 1 Whether reporters of Local Papers may be allowed to see the judgment? School, Seri-Banglow in District Mandi. He, however, subsequently was transferred and posted vide impugned order dated 21.9.2012, Annexure P-2, to Govt. Senior Secondary School, Bagshar (Mandi) vice 3rd respondent. It is this order which he has challenged before this Court in the present writ petition on the groun...
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