Court : Himachal Pradesh
Reported in : 2007(2)ShimLC212
Rajiv Sharma, J.1. The present petition has been filed against Annexures P-3, P-5 and P-8, dated 14.7.1998, 14.3.2000 and 2.6.1999, respectively.2. The brief facts necessary for adjudication of this petition are that the petitioner was recruited as Sepoy in the Indian Army on 8.4.1980. Initially, the petitioner was recruited in the Punjab Regiment, but subsequently he was shifted to Intelligence Corps. He was promoted to the rank of Naik on 1.1.1988 and was subsequently promoted to the rank of Havaldar on 1.1.1991. The petitioner was posted to Field Security Company, 8, Mountain Division with effect from 14.1.1997. He was sent to perform his duties with 53 Infantry Brigade. The petitioner was charged under Section 41(1) of the Army Act, 1950 for the alleged misconduct as reproduced below:He at field, on 1 June, 98, when ordered by IC-41475Y Maj NK Airy BM HQ 53 Inf Bde not to proceed on any operation since there were orders from HQ 28 Inf Div to this effect to which he replied that 'Ma...
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Dev Darshan Sud, J. 1. The State has challenged the judgment of learned Sessions Judge, acquitting the respondents for offences under Section 304-B and 498-A read with Section 34 of the Indian Penal Code. 2. The brief facts necessary for consideration in this appeal are that the deceased Alka alias Ashu was the daughter of Roop Lal and was married to respondent No.3 Sheetal Kumar son of Sh. Devinder Dutt. Their marriage was performed despite opposition from the parents of the deceased. The undisputed fact is that it was a love marriage. On 13.9.2000, the marriage was solemnized at Rajgarh. The case of the prosecution is that they resided as husband and wife happily for some time but later on she was harassed for dowry which ultimately compelled her to end her life. 3. Ext. PA is statement of Bachani Devi (PW1). She states that her husband is employed in the Forest Department. They have two sons and two daughters. Alka alias Ashu is the eldest daughter, who has qualified degree of B.Sc....
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1. This petition is directed against the order dated 25 th February, 2011 passed by the learned Civil Judge, Junior Division, Kasauli, whereby she rejected the plaint filed by the defendants for amendment of the written statement. 2. The respondents (hereinafter referred to as the plaintiffs) filed a suit claiming to be owner in possession of the suit land and prayed for a decree of permanent prohibitory injunction restraining the defendants from causing interference in the ownership and possession of the plaintiffs. The stand of the petitioners-defendants was that though they had initially agreed to sell the suit land to Shri Janak Raj but this deal did not finally mature. According to the defendants the sale deed reflected the sale consideration only of Rs.40,000/- whereas in fact total sale consideration was of Rs.4,00,000/- out of which Whether the reporters of local papers may be allowed to see the Judgment? Yes. Rs.40,000/- only were paid which was reflected in the sale deed and ...
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1. The petitioner, who was working as Deputy Ranger in the respondent-department, had retired from the said service on attaining the age of superannuation way back on 30.4.2001. His grievance is that though vacancy in the promotional cadre of Range Forest Officers (Forest Rangers) became available on 1.1.1999, yet the department failed to convene a meeting of the Departmental Promotion Committee (DPC) well within time, i.e during March/April, 1999, March/April, 2000 and March/April, 2001, in violation of the instructions contained in the Hand Book of Personnel Matters, copies of which have been brought on record as Annexures A-8, A-9, A-10 and A-11, with the result that the petitioner ultimately retired without being considered for promotion on 30.4.2001. 2. According to the petitioner, it was incumbent upon the department to hold DPC strictly in accordance with the aforesaid instructions and failure to do so has resulted in grave injustice to him. In this regard, reliance has been pl...
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V.K. Ahuja, J.1. This judgment shall dispose of an objection petition filed by the petitioner/Insurance Company under Section 34 of the Arbitration and Conciliation Act (hereinafter referred to as 'the Act') for setting aside the arbitral award, dated 5.6.2004, passed by Hon'ble Mr. Justice R.K. Mahajan (Retd.), who was appointed as an Arbitrator in the case. This judgment shall also dispose of another application filed under Section 34 of 'the Act' by the applicant/Auto Comps India Limited for setting aside the above-mentioned arbitral award in so far as it is against the applicant.2. Briefly stated the facts of the case are that Hon'ble Mr. Justice R.K. Mahajan (retired), hereinafter referred to as the Arbitrator, was appointed as an Arbitrator by this Court vide order, dated 16.9.2002, in arbitration case No. 25 of 2002, to decide the dispute in between the claimant Company and the respondent/Insurance Company for the damages. The claimant Company had filed the claim before the arbi...
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Sanjay Karol, J.1. The petitioner/ the delinquent official, has assailed the order dated 3.12.1996 (Annexure A-1) imposing a penalty of stopping one annual increment for one year i.e. without cumulative effect, upon him while serving as Headmaster, Govt. High School, Jamble, Distt. Kangra; Order of rejection of representation/appeal dated 7.1.1997 (Annexure A1/ 1) and order dated 1.4.1997 treating the petitioner's period of suspension as 'Dies Non'. 2. The petitioner was posted as Headmaster in Govt. High School, Jamble, Distt. Kangra. The said school was upgraded, hence the Panchayat and the local people, decided to celebrate the occasion by organizing the village feast (jug) in the school premises after school hours. The local M.L.A. was to inaugurate the school and participate in the said function. 3. The Panchayat passed Resolutions dated 13.6.1996 (Annexure A-2), dated 15.6.1996 (Annexure A-4) in this regard. 4. In terms of letter dated 14.6.1996 (Annexure A-3) petitioner, as Head...
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Deepak Gupta, J.1. This arbitration appeal filed by the claimant (hereinafter referred to as the Contractor) raises interesting questions of law. The undisputed facts are that the works pertaining to strengthening of Chandigarh-Mandi-Manali road NH- 21 in K.M. 105/0 to 127/0 was awarded by the respondent-State in favour of the Appellant-Contractor. The contract provided that in case the deviation in the work was beyond 30% the contractor would be entitled to claim payment for the works in excess of 30% of the awarded quantity at market rate. The agreement entered into between the parties also contained an arbitration clause. The contractor claimed that he had in respect of certain works been required to carry out work in excess of the prescribed deviation of 30% and therefore he was entitled to be paid for such works in excess of the stipulated deviation at the market rates. The Engineer in-charge recommended the case of the contractor to the Chief Engineer. However, the latter did not...
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V.K. Ahuja , J.1. This is an appeal filed by the State of H.P. under Section 378 Cr.P.C. against the judgment of the Court of Ld. Additional Sessions Judge, Shimla, dated 24.6.1994, vide which the respondent was acquitted of the charge framed against him under Sections 376, 354 and 341 I.P.C.2. The prosecution story in brief is that on 14.6.1990 one 'K', name not mentioned, filed a written complaint before Incharge, Police Chowki, Anni. In the said complaint, the complainant had alleged that she was of the age of 15 and was studying in 6th class in Senior Secondary School. On 11.6.1990, she was accompanied by her friend named 'P' who was studying in the 8th class in the same school and when they were coming back from the school, the respondent followed them. The respondent asked the complainant and her friend to be his guests and they refused, but he forcibly snatched the school bag of 'P' and took the same to his house and thereafter, in the evening he left the same in the fields near...
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Reported in : 2009(2)ShimLC47
Sanjay Karol, J.1. Original Application being OA No. 5/96 was filed before the erstwhile H.P. Administrative Tribunal at Shimla, inter alia, praying for following reliefs:It is, therefore, respectfully prayed that:(i) the impugned dismissal order dated 15.6.1995 may kindly be quashed and set aside. After quashing the impugned order, the respondent be directed to work out and pay the terminal benefits after his retirement;(ii) that an appropriate writ, order or direction as this Hon'ble Tribunal may deem just and proper in the facts and circumstances of the case may also kindly be issued/passed and justice be done;(iii) that record of this case may also kindly be summoned and perused at the time of hearing of this writ petition.The Original Application was transferred to this Court and re-numbered as CWP (T) No. 2953 of 2008.2. The facts relevant for determination of the present petition are as under:The petitioner was employed temporarily with H.P. Khadi and Village Industries Board (h...
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Reported in : (2009)ILLJ105HP,2008(2)ShimLC240
R.B. Misra, J.1. Heard Mr. Rajnish Maniktala, learned Counsel for the petitioner and Mr. Ashok Sharma, learned Counsel for Himachal Road Transport Corporation (in short 'HRTC Corporation').2. In the present writ petition, the order dated 28.2.2002 passed by the learned H.P. State Administrative Tribunal, Shimla (in short 'learned Tribunal') in OA No. 119/95 has been challenged, whereby, the O.A. preferred by the petitioner against the order dated 25.2.1993 removing him from the service of Corporation and further prayer directing to re-engage him with consequential benefits, has been denied.3. It appears that the petitioner was initially deployed as daily wager by the respondent corporation in the year 1980. Thereafter his services were regularized in the year 1982. The departmental proceedings were initiated against the petitioner wherein he was served with two charge-sheets dated 20.11.1991 and 21.3.1992. The charges indicated therein were as follows:(i) Alleged attempt to defraud the...
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