Court : Himachal Pradesh
Reported in : 2000ACJ666
L.S. Panta, J.1. Petitioners, namely, Abhilasha (widow), Sushil Kumar and Kuldip Kumar (minor sons) of deceased Hira Singh, have filed this writ petition claiming Rs. 10,00,000 as compensation with interest at the rate of 18 per cent on account of death of said Hira Singh, who died in the forest shed alleged to have been constructed by the respondent Corporation.2. The relevant facts giving rise to the present case are as follows:Hira Singh was a registered labour supply mate of the respondent Corporation. He had been undertaking works on behalf of the respondent Corporation for felling, conversion of timber, fuel wood, manual carriage, ropeway carriage besides extraction of resin. He submitted his tender for extraction of resin for 1997-98 season. His tender was accepted by the respondent Corporation and an agreement was entered into between the parties. On 27.7.1997, Hira Singh went to the Forest Depot in Forest Division, Nerwa, for weighing the resin. When he was sitting in the fore...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1998ACJ632
Lokeshwar Singh Panta, J.1. Petitioners, namely, Dev Kala (widow), Usha, Dodi, Kolti (minor daughters), Uttami (mother), Duni Chand and Jeet Ram, brothers of deceased Bhinder Singh have filed this writ petition claiming a sum of Rs. 2,00,000/- as compensation on account of the death of said Bhinder Singh in police custody by merciless beating by the police.2. The relevant facts giving rise to the present writ petition are as follows:3. On 2.6.1993 there was a robbery in village Mashara Thawa Kothi Naggar, District Kullu and Manali. Police registered case F.I.R. No. 110 of 1993 dated 4.6.1993 under Sections 457/380 Indian Penal Code. Chhaju Ram, respondent No. 4, was Station House Officer and A.S.I. Sohan Lai, respondent No. 5, was the Additional Station House Officer attached to Manali Police Station. Both these police officials had summoned Bhinder Singh amongst others in connection with the investigation of the said F.I.R. He was arrested on 5.6.1993. The petitioners have alleged tha...
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Rajiv Sharma, J. 1. This petition is directed against the order dated 14.6.2013 rendered by learned Additional Sessions Judge Chamba in Criminal Revision No.2/13, whereby he has upheld the order dated 29.10.2012 rendered by the learned Chief Judicial Magistrate, Chamba, in Case No.91-IV/11. 2. œKey facts? necessary for the adjudication of this petition are that the marriage between Harinder Katoch (hereinafter referred to as the œpetitioner for the sake of convenience) and Smily Sharma (hereinafter referred to as the œrespondent? for the sake of convenience) was solemnized on 6.5.2006 as per Hindu rites at Chamba. The petitioner treated the respondent nicely for about 2-3 months after the marriage. Thereafter, he developed habit of drinking and started maltreating and beating the respondent under the influence of liquor. The petitioner gave severe beatings to the respondent in the month of August, 2006. Her jaw was got fractured. She was got treated by her parents. Th...
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Rajiv Sharma, J. 1. This petition is directed against the order dated 21.6.2013 rendered by learned Additional Sessions Judge-1 Kangra at Dharamshala in Criminal Revision No.9-P/2012, whereby he has upheld the order dated 21.10.2011 rendered by the learned Chief Judicial Magistrate, Kangra at Dharamshala in Criminal Petition No.47-IV/2008. 2. œKey facts? necessary for the adjudication of this petition are that the marriage between Shiv Kumar (hereinafter referred to as the œpetitioner for the sake of convenience) and Sunita Devi (hereinafter referred to as œrespondent No.1? for the sake of convenience) was solemnized as per Hindu rites at Village Rasan, Tehsil Dharamshala, District Kangra. Out of the wedlock, respondent No.2 Kumari Ashima was born on 15.3.2008. According to respondent No.1, relations between the parties remained cordial for about 3-4 months after marriage. Even when she was pregnant, petitioner and his family members continued harassment and torment. ...
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Rajiv Sharma, J. 1. This petition under section 482 of the Code of Criminal Procedure has been filed for quashing FIR No. 297/2010 dated 18.12.2010 and also for quashing proceedings in case No. 186/2/11, titled State Vs. Jawahar Lal Nanda and others pending in the court of Judicial Magistrate 1st Class (Court No.1), Kasauli, District Solan. 2. œKey facts? necessary for the adjudication of this petition are that marriage between petitioner and respondent No.2 was solemnized according to Hindu rites and custom on 29.11.2002. Respondent No.2 initially resided with petitioner in the house of his father at Panchkula (Haryana). A son was born out of the wedlock. Relations between petitioner and respondent No.2 became strained after few years. Father of the petitioner Sh. Jawahar Lal Nanda told petitioner to make separate arrangement for himself and his wife, i.e. respondent No.2. Respondent No.2 filed an FIR No.297/2010 dated 18.12.2010 under section 498-A, 506 read with section 34 of ...
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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...
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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 ...
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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...
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Surinder Singh, J. (Oral) Heard and gone through the record. 2. The appellants were convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short the Act, for allegedly transporting 1500 grams of poppy husk in Maruti Car No. PB-11 H-0427 and each of them was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.10,000/- each and in case of default of payment of fine, they were sentenced to further undergo imprisonment for one month. 2. The appeal was admitted for hearing on 10.1.2007. The sentence imposed on the appellants, hereinafter referred to as the accused, was suspended vide order dated 2.2.2007. 3. In short, the prosecution story can be stated thus. In the year 2002, PW-1 Head Constable Ghanshyam was posted in Police Station, Sarkaghat. On 5.7.2002 at Kainchi Mod (Bhambla) at about 2.30 p.m., the above stated white coloured maruti car came from Mandi side. It was signaled to spot, but howeve...
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Sanjay Karol, J. This is the complainants appeal filed under Section 378 of the Criminal Procedure Code, 1973, assailing the judgment dated 12.7.2004 passed by the learned Chief Judicial Magistrate, Kangra at Dharamshala in Cr.R.B.T. Case No. 51-II/04/02, titled as Parkash Chand versus Satish Sarotri and another. In terms of the said judgment, both the accused, the respondents herein stands acquitted. 2. On 13.6.2002 the present appellant Sh. Parkash Chand filed a private complaint before the Chief Judicial Magistrate, Kangra, Dharamshala against the private respondents. Allegedly Sh. Satish Salotra (accused No.1) persuaded the complainant and managed to get power of attorney executed in his favour. In terms thereof land owned by the complainant situated in village Sidhpur, Tehsil Dharamshala, District Kangra, H.P. could be sold. The complainant executed power of attorney (Ext. CW-1/A) with respect to khasra numbers 963, 964, 971, 981, 982, 984, 985, 986, 992 and 959. Even though sale ...
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