Court : Himachal Pradesh
Reported in : AIR1953HP105
Chowdhry, J.C. 1. This is an appeal by one Sant Ram, aged 22, of village Droh in Kangra district against his conviction by the learned Sessions Judge, Sirmur, for offences punishable under Section s 302 and 392, I. P. C, and the sentences of transportation for life and five years' R. I. imposed upon him under the respective sections, the sentences running concurrently.2. The prosecution story, as found established by the learned Sessions Judge:, is as follows. The appellant came to Nalian in search of employment and casually met one Jiwanu. (P. W. 10). Jiwanu introduced him to his former' master Kr. Pratap Singh (P. W. 19), and the latter engaged the appellant. on 18-1-1952. Kr. Pratap Singh's wife was already away at Lucknow, and he himself left for Patiala on 19-1-1952. The only inmates of the house left after his departure were his child aged 11 years, a maid servant Mt.Sandla who looked after the child, a servant named Chambel Singh (P. W. 25) and the present appellant. Chambel Sin...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2005CriLJ591
ORDERKuldip Chand Sood, J.1. On 13th October, 1993, Food Inspector, Sh. S. C. Joshi, intercepted accused Mohan Lal selling mixed milk. Mohan Lai had kept the milk for sale in two iron buckets. Each of the buckets contained about six liters of milk. The Food Inspector, after disclosing his identity, expressed his intention to purchase 750 milliliters of milk, for the purpose of analysis. He accordingly issued a notice to the accused. Food Inspector purchased 750 milliliters of mixed milk on payment of Rs. 3.75 paise for the purpose of analysis. Before lifting the sample, the milk was stirred to make it homogeneous and thereafter poured into three neat, clean and dry bottles. In each of the bottles, 20 drops of formalin were added as preservative. The samples were corked, wrapped and sealed. Codal formalities were completed. One part of the sample was sent to the Public Analyst, Kandaghat. Public Analyst, Kandaghat by his report dated 17th November, 1993 (Ex. P6) found that the sample of...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1957HP23
Ramabhadran, J.C. 1. The suit, out of which this second appeal by a defendant, has arisen, has had a chequered career. Rajmata Shanti Devi of Bushahr instituted a suit against Pitambar Das (the appellant in this Court) for the recovery of Rs. 3,000 on 5-12-1950. The suit was dismissed by the trial Court (Senior Subordinate Judge of Mahasu) on 31-12-1951. The plaintiff then went up in appeal to the learned District Judge, who, on 21-8-1952, remanded the suit to the trial Court with certain instructions. Against that remand order, the defendant Pitambar Das came up in revision to this Court. My learned predecessor, on 3-6-1953, set aside the order of remand made by the District Judge and submitted, therefor, an order under Order 41, Rules 25, Civil P. C. The Court of first instance allowed the plaintiff to amend her plaint, so as to enable her to fall back upon the original consideration. It then made the necessary inquiry and submitted its report on 2-8-1954. The learned District Judge ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : III(2005)ACC896,2006ACJ1565
Deepak Gupta, J.1. This appeal by the State is directed against the award of the Motor Accidents Claims Tribunal-I, Sir-mour District at Nahan in M.A.C. Petition No. 54-N/2 of 1994/1993, decided on 9.8.1995.2. The facts which are not in dispute are that deceased Bachna Ram was employed as a driver with the I.P.H. Department of the State of H.P. He was deployed on duty with truck No. HPN 553. On 13.8.1992 he was carrying a large number of RCC pipes in the truck along with some labourers. The truck met with an accident and went off the road. The deceased died as a result of injuries sustained by him in the accident.3. The claimants who are the widow and children of the deceased filed a claim petition under Section 166 of the Motor Vehicles Act claiming that compensation should be awarded to them. It was alleged that the accident had occurred due to the sudden puncture of the rear left side tyre of the truck. It was further alleged that the tyre got punctured due to the fact that the vehi...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2006ACJ2511
Deepak Gupta, J.1. This judgment shall dispose of 15 appeals being F.A.O. Nos. 202 to 213 and 233 to 235 of 2003 as they arise out of the same accident and similar awards.2. The brief facts of the case are that an accident of truck No. HP-14 5116 took place on 30.12.1999 near Devimore, Tehsil Theog, District Shimla, H.P. In this accident 18 labourers died, some were injured and the driver and cleaner of the truck also died. Claim petitions were filed by the claimants who are the heirs of the labourers travelling in the truck in question. The averments made in the claim petitions are virtually identical and it is stated that deceased were employees of Jyoti Structures and were skilled labourers. It is also stated that they were travelling in the truck and not a word is stated as to in what capacity they were travelling in the said truck. The owner filed reply stating that the truck was hired by Jyoti Structures and the truck was loaded with materials and thereafter the labourers also bo...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2003ACJ865,AIR2002HP164
Kamlesh Sharma, J.1. Appellants are the defendants whereas the respondent is the plaintiff and they will be referred to as such in this judgment. The defendants are aggrieved by the decree and judgment dated 19-11-1993 passed by the District Judge, Shimla, whereby their appeal was dismissed and the decree and judgment dated 2-5-1991 of the Senior Sub-Judge, Shimla was affirmed. The Senior Sub-Judge had decreed the suit of the plaintiff with costs for declaration that the repudiation of the claims of the plaintiff with respect to policies Exts. PA and PB conveyed to her vide letters Exts. PC and PD is an act of arbitrariness and is null and void and the letters Exts. PC and PD were of no consequence as against the rights of the plaintiff. The suit was further decreed to the effect that the defendants shall pay an amount of Rs. 40,000/- to the plaintiff under policies Exts. PA and PB along with interest at the rate of 12% per annum from 1-7-1983 till the date of payment on filing of cour...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1954HP11
Chowdhry, J.C.1. This is an appeal by Findal, aged 36, against his conviction under Section 302 Penal Code by the learned Sessions Judge of Manasu for the murder of one Sundar Singh by poisoning him with aconite and the sentence of transportation for life imposed upon him. He acquitted Mst. Nilam Dasi, who was tried along with the appellant for abetment of the offence, because in his opinion the prosecution had failed to prove conclusively that she had supplied aconite to the appellant.2. The facts of the prosecution case are briefly as follows: The deceased and his elder brother Mohar Singh lived together in village Gharshial, Tehsil Rohru. The appellant also belongs to the same village. Mohar Singh first married Mst. Karam Patti (P. W. 4), and she became the common wife of both the brothers. A few years later Mohar Singh married the aforesaid Mst. Nilam Dasi of village Manghi-yara, and she also subsequently became the common wife of the two brothers. Findal appellant used to work on ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : II(2002)ACC220
Arun Kumar Goel, J.1. This appeal is directed against the judgment and decree passed by a learned Single Judge of this Court in Civil Suit No. 34 of 1982 on November 2/3, 1989. By means of impugned decree, suit of the appellants, (hereinafter referred to as the 'plaintiffs') has been partly decreed against respondent No. 1 (hereinafter referred to as 'defendant No. V), with proportionate costs in terms of the decree, dismissing rest of the claim as set up in the plaint. Defendant No. 1 has filed the Cross Objections against the decree that has been passed against it.2. A suit for recovery of Rs. 6,32,058/- was filed by the plaintiffs against defendant No. 1 and other respondents who were also arrayed as defendant Nos. 2 to 4 in the suit, and all of them hereinafter are being referred hereto as defendants. Defendant No. 1 is Kullu Municipal Committee, defendant No. 2 is the Secretary of the Committee. Defendant No. 3 is Deputy Commissioner, Kullu and defendant No. 4 is the State of Hima...
Tag this Judgment!Court : Himachal Pradesh
Reported in : (2008)15VST342(NULL)
Sanjay Karol, J.1. Petitioners are auction purchasers and have assailed the order dated 22.12.2006 whereby their application for getting the auctioned property mutated in their name in the revenue record has been rejected and an entry of demand of arrears of sales tax dues of erstwhile owners has been entered into the revenue record. 2. Petitioner is a private limited company. Respondent No. 1 is the State of Himachal Pradesh, respondent No. 2 is Deputy Commissioner, Sirmaur District at Nahan, respondent No. 3 is Tehsildar, Nahan, respondent No. 4 is Secretary (Excise and Taxation), Govt. of H.P., respondent No. 5 is Excise and Taxation Officer, Nahan and respondent No. 6 is State Bank of Patiala (hereinafter referred to as the Bank). 3. Brief facts necessary for adjudicating the controversy in the present writ petition are as under:For various loans/advances received from respondent No. 6- Bank, M/s Eastman Rubber and M/s Eastman Tread (hereinafter referred to as borrower) mortgaged t...
Tag this Judgment!Court : Himachal Pradesh
Deepak Gupta, J.1. Both the matters are being disposed of by a common order since identical questions of law and fact are involved in the same.2. Civil Suit No. 15 of 2009 has been filed by 31 plaintiffs. According to the plaintiffs they are owners of flats/plots/houses in New Shimla. Notices have been issued to them by the defendant Himachal Pradesh Housing & Urban Development Authority (HIMHUDA). In these notices issued separately to each of the plaintiffs separate amount was demanded from each of the plaintiffs on the ground that the cost of land acquired by the defendant for setting up of the colony known as 'New Shimla' has been enhanced by the High Court of Himachal Pradesh in proceedings under the Land Acquisition Act, 1894. The plaintiffs allege on various grounds that the defendant is not entitled to recover this amount from the plaintiffs. In para 11 of the plaint it is submitted that the plaintiffs are filing one single suit and they are not giving individual details with re...
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