Himachal Pradesh Court May 2013 Judgments
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State of H.P. Vs. Surinder Pal Singh and Another
Court: Himachal Pradesh
Decided on: May-31-2013
Dev Darshan Sud, J. The appellants challenge the judgment passed by the learned Additional Sessions Judge, Fast Track Court, Shimla acquitting the accused of offences under Section 304-A I.P.C. Two appeals arise out of the same judgment, viz. Cr. Appeal No. 170 of 2005 titled State of H.P. and Surinder Pal Singh and Cr. Appeal No. 97 of 2005 titled State of H.P. Vs. K. Shanmugham and are being disposed of by this common judgment. 2. According to the prosecution, on 28.5.1995, 77 students (59 boys and 18 girls) and staff members of Dalhousie Public School, Badhani (Pathankot) (hereinafter DPS for short) went for a picnic on 28.5.1995 on the banks of river Beas at Tanda Patan, Indora. Both the accused according to the prosecution had been deputed by the head master to look after and ensure the safety of the students studying in 5th and 6th classes. 3. During lunch break, the accused entered the river and inspected the water level to ascertain whether it was safe for children. A zone was ...
State of Himachal Pradesh Vs. Nawab Khan and Another
Court: Himachal Pradesh
Decided on: May-16-2013
Rajiv Sharma, J. This appeal is directed against the judgment of the learned Chief Judicial Magistrate, Sirmaur District at Nahan in criminal case No. 20/2 of 2002/03 dated 14.9.2005, whereby the accused, who were charged with and tried for offences punishable under sections 420 and 120-B of the Indian Penal Code, have been acquitted. 2. Case of the prosecution, in a nutshell, is that a written complaint was given by Abdul Latif to the Superintendent of Police, Sirmaur District at Nahan on 16.2.2002 to the effect that some of the Mohammedans of Nahan town decided to pay visit to Huz Mukka. They contacted the travel agent, accused Nawab Khan. It was decided that a sum of Rs. 59,000/- was to be paid by each Haji to the accused Nawab Khan. Thereafter, accused Nawab Khan was required to prepare the passport etc. of each Haji, traveling expenses from Delhi to Jadda and return, visa, staying and food arrangements etc. during the Haj period. On 9.2.2002, accused Nawab Khan sent bus from Patia...
Surender Singh and Another Vs. and State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: May-10-2013
Sanjay Karol, J (Oral) Both the revision petitions are being disposed of by a common judgment, as they arise out of the very same judgment and common questions of fact and law are involved. 2. Assailing the judgment dated 16.12.2005, passed by the learned Additional Chief Judicial Magistrate, Chopal, in Criminal Case No.31-III of 2005, titled as State versus Surender Singh and another, as affirmed by the learned Sessions Judge, Shimla, vide judgment dated 18.4.2007, passed in Criminal Appeal No.4-S/10 of 2006, titled as Surinder Singh and another versus State of Himachal Pradesh, accused-petitioners Surender Singh (petitioner in Cr.R No.69/2007) and Joginder Singh (petitioner in Cr.R No.81/2007) have filed the present Revision Petitions under the provisions of Sections 397 read with Section 401 of the Code of Criminal Procedure, 1973. 3. It is the case of the prosecution that on 16.4.2005, police party comprising of ASI Narinder Singh, HHC Suresh Kumar, Constable Moti Lal and HHG Ranu ...
Subhash Chand Pathania Vs. State of H.P. and Others
Court: Himachal Pradesh
Decided on: May-03-2013
Dev Darshan Sud, J. 1. The petitioner challenges the order dated 5th May, 1999 (Annexure P-6) whereby 4th and 5th respondents have been promoted to the post of Labour Inspector and order dated 4.2.2008 (Annexure P-8) rejecting the representation of the petitioner. 2. At the outset I note that one of the grounds which has been urged for setting aside the appointment is that the minutes of the Departmental Promotion Committee, which meet and considered the case of the parties for promotion to the post of Labour Inspector, 1 Whether the reporters of Local Papers may be allowed to see the judgement? Yes contains alterations in which the name of Raj Kumar respondent No.5 was inserted. It was pleaded, this change was made by respondent No.3, who was the Joint Labour Commissioner at that time and Member of this Departmental Promotion Committee. I called for and examined the record of the Departmental Promotion Committee and found that there interpolations were infact in the names for consider...
Rajesh Verma Vs. State of H.P. and Others
Court: Himachal Pradesh
Decided on: May-03-2013
R.B. Misra , J. 1. The petitioner has challenged his transfer order dated 7.1.2013 (Annexure P-4), whereby, he has been transferred from the post of Superintendent of Police (Communication and Technical Services), Shimla to Superintendent of Police (LR / Tech), PTC (Police Training College), Daroh, along with 16 other police officers of IPS / HPPS cadre. The petitioner has also prayed that he may be allowed to continue as Superintendent of Police (Communication and Technical Services), Shimla. 1 Whether the reporters of the local papers may be allowed to see the Judgment? 2. Brief facts, necessary for adjudication of the writ petition, are that the petitioner, possessing degree of B.E. (Electronics), was selected to the post of Deputy Superintendent of Police (Wireless) on 26.10.1999, in reference to open selection conducted by H.P. Public Service Commission (in short called Commission), in the year 1999. Thereafter, the petitioner was promoted as Additional Superintendent of Police (W...
Manjeet Kumar and Another Vs. State of Himachal Pradesh and Another
Court: Himachal Pradesh
Decided on: May-03-2013
Dharam Chand Chaudhary, J. Challenge in these appeals is to the judgment dated 8.12.2008, passed by learned Additional Sessions Judge, Sirmaur District at Nahan, in Sessions Trial No. 20-N/7 of 2007, convicting and sentencing thereby the appellant (in Cr. Appeal No.40/2009), hereinafter referred to as accused No.1, to undergo rigorous imprisonment for life and to pay a fine of Rs.15,000/- under Section 302 IPC and in default of payment of fine to undergo further imprisonment for a period of one year; whereas acquitting the respondent (in Cr. Appeal No. 290 of 2009), hereinafter referred to as accused No.2, of the charge under Section 302 of the Indian Penal Code read with Section 34 IPC, by giving him benefit of doubt. 2. The occurrence having taken place on 23.7.2007 in broad daylight around 3.30 p.m. in village Sawana, Tehsil Rajgarh, District Sirmaur, has taken away a precious and valuable human life as the victim, Naresh Kumar succumbed to stab injuries he received on vital part of...
Anil Kumar Vs. State of H.P. and Others
Court: Himachal Pradesh
Decided on: May-02-2013
Oral: A.M. Khanwilkar, C.J. 1. Admit. As short question is involved, taken up for final disposal forthwith by consent. Counsel for the respondents waive notice. 2. Heard learned counsel for the parties. 3. This appeal takes exception to the judgment of the learned Single Judge dated 5th December, 2012 in CWP No. 8407 of 2012-A. The appellant had sought writ of certiorari for quashing advertisement dated 8.9.2012, Annexure P-12, inviting applications for filling in vacant post of Assistant Professor (Oral and Maxillofacial Surgery) by way of direct recruitment on regular basis. Further direction was sought by the appellant against the respondents to fill in vacant post of Assistant Professor in question on regular basis only by way of promotion of Lecturers, on the assertion that post for promotional category. The appellant also sought relief against the respondents to defer the process of selection for appointment to fill in the vacant post of Assistant Professor (Oral and Maxillofacia...
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