Court : Himachal Pradesh
Reported in : 2000CriLJ698
m.r. verma, j. 1. this appeal has been preferred by the accused-appellant (hereinafter referred to as the accused) against the judgment dated 19-2-1996 passed by the learned addl. sessions judge (i), kangra at dharamsala whereby the accused has been convicted under section 376, ipc and has been sentenced to undergo rigorqus imprisonment for 7 years and to pay a fine of rs. 5000/- and in default of payment of fine, to undergo further imprisonment for a period of one year.2. the case ot the prosecution, in brief, is that pw-1 kumari parvita (hereinafter referred to as the prosecutrix) resident of village bahar was studying in 7th class in government middle school, jasai in may, 1994. on 9-5-1994 when the school closed at 2 p.m., she left for home. at about 2.30 p.m. when she reached near a baniyan tree at kupru, she saw a boy aged about 22-23 years sitting under the said tree. when she reached near him, he got up and enquired from her about the distance of the house of parveen driver of war. the prosecutrix informed him that it was at some distance from there. the said boy informed her that he was to go there. he started walking with the prosecutrix. when they had covered some distance, the said boy caught hold of the prosecutrix from the neck from behind and threatened her that in case she created any noise, he would kill her. he then took her to the nallah. laid her on the ground, broke the string of her salwar and committed rape on her. during the process, the prosecutrix .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1995CriLJ3845
lokeshwar singh panta, j.1. accused madan mohan was tried for an offence under section 376 of the indian penal code and having been convicted, was sentenced to undergo 3 years' rigorous imprisonment and to pay a fine of rs. 3,000/- by sessions judge kangra division at dharamshala on 29-9-1992. in default of payment of fine, the accused had been directed to undergo one year rigorous imprisonment. in case the fine is recovered from the accused, rs. 2000/- is directed to be paid to the prosecutrix.2. the case of the prosecution briefly stated is as follows:--on september 28, 1991 at about 5 or 5.30 p.m. prosecutrix kumari nisha aged about 61/2 to 7 years had gone from her house for playing some game in the village. her father bishan dass (pw-2) came to his house in the evening and inquired about the whereabouts of kumari nisha from his wife. the wife told him that the prosecutrix had gone for playing outside, when she did not return to her house a search was carried out to find out her whereabouts. pw bishan dass inquired from puran chand (pw-5) whether his daughter had come to his house. puran chand replied in negative. pw bishan dass along with his son, sanjay went to the house of one roop lal the maternal uncle of the prosecutrix in her search, but the prosecutrix was also not found there. thereafter, they went towards a place known as 'sudhir'. on the way pw puran chand gave a call to pw bishan dass asking the latter about the whereabouts of the prosecutrix. pw puran chand .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1996CriLJ557
orderd.p. sood, j.1. all the four abovesaid petitions/ revision arise out of a criminal case registered pursuant to f. i. r. no. 10 of 1982 dated 23rd march, 1982 under section 379, 420, 467, 468, 109, 34 and 120-b of the indian penal code read with sections 33, 41 and 42 of indian forest act and under sections 5(1) (d) and 5(2) of prevention of corruption act, 1988 lodged in the police station (enforcement) south zone, shimla, as the facts pertaining to the alleged commission of offences by the petitioners accused are common, i proceed to decide them together by a common order.2. the brief particulars of the abovesaid petitions may be stated as under :-sr. nature of the name of the designation at the chargeno. petition with accused. material time. no. --------------------------------------------------------------------------------------------1. 2. 3. 4. 5.--------------------------------------------------------------------------------------------1. cr. rev. no. 99 1. sh. chet ram. forest guards posted section 120-b read with sec- of 1993. 2. sh. kali ram. at check post, khara tions 379 and 218 ipc as also pathar. under section 33 of the indian forest act; rule 18 of the h.p. 3. sh.tarsem chand. forest guards posted forest produce transit (land 4. sh. chandu ram. at check post, dhalli. routes) rules, 1978 read with sections 41 and 42 of indian forest act and section 5(1)(d) read with section 5 (2) of the prevention of corruption act, 1988. 2. cr. mp(m) sh. ishwari singh. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(2006)ACC741,AIR2006HP141,2006(1)ShimLC226
k.c. sood, j.1. on 26th february, 2000, the petitioner was driving his car bearing registration no. hp-09-0050 on his way to chandigarh from shimla. his vehicle was checked by head constable abhimanu and it was found that he was not carrying a valid 'pollutions under control' certificate. the one he was carrying had expired. he was challaned and produced before the learned chief judicial magistrate, shimla on the spot. the learned chief judicial magistrate imposed a penalty of rs. 400/- upon the petitioner. the amount of fine was deposited, on the spot, with the officials of the court of the learned chief judicial magistrate.2. the case of the petitioner is that he was challaned without following the procedure as provided under chapter-v of the central motor vehicles rules, 1989. it is also the case of the petitioner that he requested the concerned police officer that his vehicle should be got tested, as per rule 116 of the motor vehicles rules, 1989, or in the alternative he should be granted time to get his vehicle checked from the competent agency, authorized by the state government and produce the certificate before the authority. it is his case that after having paid the fine imposed upon him he get his vehicle checked on the same day at solan. the emission was found within permissible limits, as provided under rule 115 of the motor vehicles rules and obtained 'pollution under control' certificate.the petitioner challenges his prosecution and imposition of fine, on the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2009(1)ShimLC344
surjit singh, j.1. writ petitioners, i.e. state of himachal pradesh, principal chief conservator of forests and conservator of forests, rampur circle, have filed the present petition, under articles 226/227 of the constitution of india for judicial review of order dated june 22, 2004, passed by h.p. state administrative tribunal, whereby original application filed by respondent raj kanwar singh, for the quashing of order of penalty, dated 2nd march, 1994, annexure p-3, has been allowed.2. relevant facts are like this. respondent, raj kanwar singh, was employed as forest ranger in forest department of state of himachal pradesh. while working in forest division, kotkhai, he allegedly embezzled material and money, the total value of which was rs. 31,234/-. he was charge-sheeted by the conservator of forests. he denied the charge. inquiry officer was appointed by the conservator of forests. inquiry was conducted and respondent was found guilty. matter was referred to the principal conservator of forests, who is the appointing authority of' the respondent. the said principal conservator of forests imposed the penalty of reduction in rank and recovery of rs. 31,234/-.3. respondent challenged the order by filing original application. the grounds on which the order was challenged, inter alia, were (a) conservator of forests was not competent to institute the inquiry, he being not the disciplinary authority; (b) procedure contained in rule 14 of ccs (cca) rules, 1965 had not been .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2006CriLJ1720
k.c. sood, j.1. this appeal is directed against the judgment of acquittal recorded by the learned special judge (forests), shimla, dated 23rd may, 2003,2. respondent-inder mohan, hereinafter referred to as 'the accused,' was tried by the learned special judge, shimla for offences punishable under sections 7 and 13(2) of the prevention of corruption act, 1988 ('act' for short), the learned special judge acquitted the accused by his impugned judgment.3. prosecution case:accused was posted as senior assistant in the education branch of hp secretariat. complainant, om parkash, was a junior basic teacher in the year 2001 and posted in government primary school thalathar of district shimla. he belongs to village bainia, tehsil barsar of district hamirpur. the complainant was interested in his transfer from the aforesaid school to any other school in the district of bilaspur, under 5% transfer quota of the transfer policy. the complainant made a representation (ex. p.w. 3/a) along with the medical certificate to the director education (primary) to the government of himachal pradesh for his transfer in the district of bilaspur. 4. in july, 2001 he went to the directorate to inquire about his representation, where he was told that his case for transfer has been referred to the government and is pending in the hp secretariat. he visited 'c' branch of the education department in the secretariat on 20th july, 2001 and met the accused. the complainant inquired about his transfer case from .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2002CriLJ3832
orderlokeshwar singh panta, j.1. in sessions trial no. 2 l-s/7 of 1998, the sessions judge, shimla, convicted the appellant-accused for offence under section 376 of the indian penal code so and sentenced him to undergo rigorous imprisonment for 7 years with the fine of rs. 1000 / -. in default of payment of fine the appellant shall undergo further rigorous imprisonment of one year. the appellant has challenged his conviction and sentence in this appeal. the prosecutrix (pw-1) is the wife of raju (pw-3) . they are the residents of village chadach, tehsil chopal, district shimla. in the year 1997, pw raju was employed as chowikidar by bija ram (pw 5) to look after his orchard at his 'dogri' (out house) located about 1 km. away from his village kuhl. both the husband and wife started living in the dogri of pw bija ram.2. the case of the prosecution against the appellant is that on 25-5-1997, pw 3 left the 'dogri' around 6.00 a.m. for village shantha to attend a local fair. prosecutrix remained behind in the 'dogri'. at about 6.30 a.m. appellant came to the aforesaid 'dogri' and made inquiry from the prosecutrix about the whereabouts of her husband. she told the appellant that her husband had gone to village shantha to see the fair. the appellant then caught the prosecutrix her arm and swang her around himself with full force. then he released the arm of the prosecutrix and as a result thereof she fell down at one corner of the room. the appellant then over pwered her. he .....
Tag this Judgment!Court : Himachal Pradesh
dev darshan sud, j.1. the state of himachal pradesh has filed this appeal against the concurrent findings of both the courts below decreeing the suit of the respondent-plaintiff for declaration to the effect that they alongwith defendants no. 2 to 13 are owners in possession of the suit land continuously since the year 1910-11 till date.2. the facts are being noticed in brief as the subsequent amendment in the law would render this appeal as infructuous.3. briefly put, the case of the plaintiff is that they had been recorded in possession alongwith whether the reporters of local papers may be allowed to see the judgement? defendants no. 2 to 13 of the suit land since the year 1910 which facts have been incorporated in the jamabandi continuously.4. the state contested the suit on the ground that the civil court has no jurisdiction and that the suit land which is described as `shamlat tika makbuja malkan' is assessed to land revenue and has rightly vested in the state of himachal pradesh free from all encumbrances under h.p. village common lands (vesting and utilisation) act, 1974 (hereinafter referred to as the 'act'). the state has pleaded that the land has been placed in the allot-able pool in accordance with the provisions of the act.5. the learned trial court framed eight issues and decided issues no. 1, 2, 4 and 7 together. they are; (1) as to whether the plaintiff and defendants are owners in possession of the suit land, (2) whether the suit land could not have vested in .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2008(I)ShimLC95
sanjay karol, j.1. the present writ petition has been filed inter alia praying the following relief:(i) that order dated 7.1.1986 annexure p-l, order dated 22.5.1992 annexure p-5 and order dated 8.7.2002 annexure p-6 may kindly be set aside and quashed.(ii) the petitioner may kindly be held entitled for resumption of aforesaid land in question under section 104 of the h.p. tenancy and land reforms act, 1972 read with h.p. tenancy and land reforms rules, 1975 and further an appropriate writ of mandamus may be issued to respondent no. 7 to pass appropriate order for resumption of land in question in favour of the petitioner or in the alternative consider the case of the petitioner for resumption of the said land in accordance with law.brief facts giving rise to filing of the present writ petition are as under:2. on 26.9.1971, one shri roshan lal alias gian chand transferred ownership rights of the land in question in favour of petitioner partap singh, minor having born on 19.7.1967. with the enactment of the himachal pradesh abolition of big landed estates and land reforms act, 1953 (hereinafter referred to as the abolition act), respondents 1 and 2 (hereinafter referred to as the private respondents), as tenants, moved an application dated 7.9.1971, under section 11 of the abolition act, seeking to acquire the right, title and interest of the petitioner, land owner. however, no final decision on the application could be taken due to petitioner's minority and the same was kept .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [2008]82SCL137(HP)
surjit singh, j.1. the himachal pradesh state industrial development corporation ltd. (hereinafter referred to as the 'plaintiff or corporation'), has filed this suit against m/s. pamwi tissues ltd. (hereinafter called 'defendant no. 1 or company no. 1') and m/s. swil name and style changed to m/s. shalimar wires industries ltd., pursuant to order dated august 28, 2003, of this court (hereinafter referred to as 'defendant no. 2 or company no. 2'), for recovery of a sum of rs. 44,72,831, pleading the following cause of action.2. the plaintiff is a company incorporated under the companies act and sh. r.p. gautam, its senior manager (project), is authorised to file the suit. one of the functions of the plaintiff-corporation is to provide financial assistance in the form of term loans, equity and soft loans under the seed capital assistance scheme of idbi. defendant no. 1 approached the plaintiff for providing equity assistance to the tune of rs. 60 lakhs for setting up a project at barotiwala. the plaintiff acceded to the request of defendant no. 1 and assistance to the tune of rs. 60 lakhs, as applied for was provided. defendant no. 1 company allotted six lakhs shares, each valuing rs. 10 to the plaintiff and it was agreed that the shares will be bought back by company no. 1, on expiry of five years period from the date the project started commercial production.3. defendant no. 1 became sick. it approached the board for industrial and financial reconstruction, new delhi, for .....
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