Court : Himachal Pradesh
Reported in : 2005CriLJ779
lokeshwar singh panta, j.1. this appeal by the state of himachal pradesh is directed against the judgment of learned addl. sessions judge, fast track court, shimla dated 10-3-2004 in sessions trial no. 6-s/7 of 2003/2001, acquitting the respondents herein of the charges framed against them under sections 376 and 506 read with section 34 of the indian penal code (for short i.p.c.)2. the relevant facts necessary for disposal of this appeal are as under :pw-14 prosecutrix (name with held by us) is the daughter of devinder kumar resident of village goloo, tehsil and district, shimla. during the relevant time, she was studying in 7th class and was above thirteen years of age in the year 1999. she was staying in the house of her maternal uncle pw-7 binder kumar at village badya, police station, dhalli, shimla in the year 1999. the case of the prosecution was that on 3-1-1999 at about 5 p.m. pw-7 asked the prosecutrix to drive back the cattle from nearby fields. when the prosecutrix reached a link road at dhalli, a private bus red in colour came being driven by the driver in which one more person was sitting. the bus driver stopped the bus and the second person came down from the bus. he caught hold the prosecutrix from her arm. the prosecutrix was forcibly dragged inside the bus. the driver took the bus towards 'churathnala' where it was stopped. the second person sitting in the bus asked the prosecutrix to come out of the bus on the plea that she was just like his 'bhanjee' (niece .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1972HP109
..... on september 3, 1971, the registrar of the university issued a detailed memorandum to the petitioner which set out that the examination discipline committee had examined the reports received from the supervisory staff and after considering the petitioner's reply to the charge-sheet as well as the personal interview before the committee he had been found guilty of using unfair means and of misconduct, and that accordingly he was disqualified ..... 'regulation 14 (c) provides :'a candidate found guilty of serious misconduct in the examination hall or misbehaviour towards the superintendent or any member of the supervisory staff outside the examination hall shall be disqualified from appearing in any university examination for a period of two to five years according to the nature of his misconduct. ..... 'and regulation 20 declares :'a candidate who refused to obey the superintendent of the examination or any other member of the supervisory staff or changes his seat with another candidate or deliberately writes another candidate's roll number on his answer-book or creates disturbances of any kind during the examination, or otherwise misbehaves in or around the examination hall, shall be liable to ..... his first contention is that the petitioner was not given an adequate opportunity to represent his case inasmuch as the reports of the members of the supervisory staff had not been put to him during the proceedings before the examination discipline committee. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1993CriLJ3631
orderbhawani singh, a.c.j.1. petitioner sham sunder has assailed the framing of charge against him by sessions judge, una, dated 17-10-1992 for offences under sections 302/304b and 498 a of the indian penal code.2. the prosecution case, shortly stated, is that the accused had married the deceased (seema) on 16th october, 1988. for sometime, the relations between the couple were good. however, they started becoming strained on account of the harassment of the deceased by the petitioner and his demands for dowry. on 25-7-1990, at about 8.45 p.m., the accused set her on fire by pouring kerosene oil on her while she was in the kitchen of the house. a doctor was called, on whose advice the deceased was shifted to district hospital, una, and then to p.g.i. chandigarh within hours, where she died on 27-7-1990 at 8.45 p.m. during the course of investigation, the police examined certain witnesses, collected certain documents and other evidence relating to this case and then finally, on completion of investigation, the matter was brought before the trial court for the prosecution of the accused.3. the sole question in this case is whether in the facts and circumstances of this case and on the material collected by the police, the involvement of the petitioner can be established. in order to examine this question, the learned counsel for the parties took me through the case file and made detailed submissions for and against the question of involvement of the accused in this case. shri .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1973HP94
..... the petitioner pleads that the statements made by him and his father were made at the dictation of the college authorities, who were trying to shield the supervisory staff from the consequences of the loss of the answer book which had in fact been surreptitiously removed from their custody by another student satinder mohan in order to create difficulties for them. ..... it is alleged by the respondents thai; the petitioner made a statement in the office before the college principal and the supervisory staff admitting that he had destroyed the answer book and that only the title page was available, and the petitioner's father also made a statement expressing the belief that the petitioner was responsible ..... the committee took into account the reports of the supervisory staff, the statements of the petitioner and his father recorded in the office, and the explanation attempted by the father in response to the notice. ..... according to the petitioner he completed the paper and handed over the answer book to the supervisory staff in the examination hall. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1992CriLJ2400
..... she only wanted in the interest of the school that private cars of the staff members including the car of the complainant were not parked in the senior school premises. ..... the complainant was permitted to bring his car in the senior school premises to load his luggage but she has made it clear that under the 'norms and procedure' of the school private cars of the staff members could not be permitted to be parked in the senior school premises. ..... that during working hours only half of the gate is kept open to permit entry of the students and other persons on foot and thereafter the gate is locked by means of a chain which permits the entry of only staff on foot. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2012CrLJ2036
surinder singh, j (oral): the appellant hereinafter referred as the accused has laid challenge in this appeal against his conviction passed by the learned trial court in sessions trial no. 12 of 2010, decided on 19.8.2011, for the offences punishable under section 20 of the narcotic drugs and psychotropic substances act, 1985, in short the act whereby he has been sentenced to undergo rigorous imprisonment for a period of six years and to pay a fine of rs.60,000/- and in default of payment of fine to further undergo imprisonment for a period of six months. the period of detention of the accused during trial and investigation was ordered to be set-off under section 428 of the code of criminal procedure. 2. in short, prosecution story can be stated thus. on 26.12.2009, police party headed by pw7 si tilak raj consisting of asi naresh chand, pw6 hhc ajay kumar and constable raj kumar proceeded towards village dobhi in the area falling under the jurisdiction of police station manali district kullu, h.p. when police party reached one kilometer ahead of dobhi, around 11 a.m., they noticed accused coming from the side of mehal bhujnu with a rucksack on his back. on seeing the police, he got perplexed and tried to escape which raised suspicion. accordingly he was apprehended. his identify was asked. no independent witness was available as the place was secluded one. thus pw7 si tilak raj associated asi naresh chand and pw6 ajay kumar as witnesses and informed the accused of his .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : II(1988)ACC192,AIR1989HP5
..... the findings of the magisterial inquiry establish, prima facie, the negligence of the members of the staff of the indira gandhi hospital, shimla. ..... 17, 1986 respectively, on account of the negligence on the part of the staff of the indira gandhi hospital, shimla. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1980HP45
v.d. misra, c.j. 1. the petitioner was elected as pradhan of the grampanchayat, kungrath, tehsil and district una, in nov.-dec. 1978 after defeating shri tarsem singh, respondent no. 5. thereafter tarsem singh reported to the deputy commissioner as well as to the state government that the petitioner has been convicted under section 16 (1) of the prevention of food adulteration act on 9th sept. 1979 by the chief judicial magistrate, una. the deputy commissioner proceeded to suspend the petitioner by his order dated 9th nov. 1979 (annexure 'a'). another notice was served on the petitioner calling upon him to show cause why he should not be removed under the provisions of section 9 (5) (b) and (c) of the himachal pradesh panchayati raj act, 1968 because of the aforementioned conviction (annexure 'b'). the petitioner immediately asked the deputy commissioner to supply him with a copy of the complaint filed by tarsem singh, however, it was not done.2. the petitioner moved the present petition challenging his suspension (annexure 'a') as well as the show cause notice (annexure 'b') served on him.3. the state put in appearance on 4th march 1980. the advocate general appeared for respondents nos. 1 to 4. mr. m. l. sharma advocate, appeared for respondent no. 5. by an order dated 10th march 1980 we directed that the enquiry proceedings against the petitioner be completed expeditiously and the final order be announced within two months, but nothing happened.3-a. when the matter came up .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1988HP49
1. the accident giving rise to this appeal occurred on oct. 21, 1973, at about 4.30 p.m. in village bhumain, tehsil nalagarh, district solan. the husband of the first appellant and the father of the rest of the appellants, aged about 32 at the material time, died as a result of the injuries received by him in the course of the said accident.2. the vehicle involved in the accident, truck no. hpb 154, was owned by the himachal pradesh public works department (first respondent). it was being driven at the material time by the second respondent, an employee of the first respondent.3. in the claim petition instituted by the appellants, compensation was claimed in the sum of rs. 2,40,000/-. the motor accident claims tribunal found that the accident had occurred on account of the negligent act of the second respondent in reversing the vehicle in a narrow street of the village without the assistance of the cleaner to guide him. the tribunal assessed the loss of monthly dependency at rs. 225/- and of the annual dependency at rs. 2700/- and applied the multiplier of 18 and computed the total compensation for the loss of dependency benefit at rs. 48,600/-. instead of awarding the whole of the said amount as compensation, the tribunal made ah award in the sum of rs. 25,000/- only on the ground that a deduction to the extent of about 48% was required to be made since the compensation was being received by the appellants in a lump sum and the interest earned thereon would provide them .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1992HP53
devinder gupta, j. 1. petitioners have filed this writ petition under article 226 of the constitution of india praying for quashing the order, annexure p-5, passed by respondent no. 2 on march 2, 1991 superseding and suspending the board of directors (hereinafter called the board) of the kangra central co-operative bank, dharamsala (hereinafter called as the bank) and directing the appointment of an administrator till elections of the new board take place. 2. the bank is a co-operative society duly registered under the provisions of the himachal pradesh co-operative societies act, 1968 (act no. 3 of 1969) (hereinafter to be referred as the act). petitioners were the members of board of the bank, duly elected in the year 1988, representing various co-operative societies, the area of operation of the bank is within the districts of kangra, hamirpur, una, kullu and lahaul-spiti with 78 branches spread over in all these districts. the board consists of 16 directly elected representatives from various co-operative societies and 3 nominated directors by the state government. it is the case of the petitioners that after they had been duly elected as directors, representing various cooperative societies, the state government nominated sarvshri jagdish thakur, mrs. viplop thakur and manjit singh as its nominees, who were expected to continue for afull term of three years but due to the change in the political set up, the state government headed by bhartiya janta party removed the 3 .....
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