Court : Himachal Pradesh
Decided on : Apr-28-2011
1. Petitioner has prayed for the following reliefs:- (a) Quash the impugned order Annexure A-1 issued arbitrarily, malafidely and illegally by the respondents; (b) Direct the respondents to permit the applicant to continue in the post of Secretary being held by him presently; (c) Quash the appointment of the respondent No. 4 as Secretary; (d) Direct the respondents to produce all the relevant documents alongwith reply for perusal by this Hon’ble Tribunal; (e) Allow the cost of this O.A.; (f) Pass such other order or directions as deemed fit and proper in favour of the applicant. 2. Annexure A-1 is the office order dated 21.8.1999 of which petitioner is aggrieved of. The same is reproduced as under:- “Whereas Shri S. R. Verma, Secretary retired from the post of Secretary of the Union on 30.11.1994 and due to this Shri H. R. Chauhan, Superintendent/Accounts Officer was temporarily ordered to take charge of the Secretary of the Union. Whereas the finding and result of the enqu...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Mar-30-2011
1. State has appealed against the judgment dated 8th March, 2000 of learned Special Judge, whereby respondents Suresh Chand Katoch and Chet Ram, who were charged with and tried for offences, under Sections 465, 467, 471, 409 & 420, read with Section 120-B of the Indian Penal Code, and Section 5(2) of the Prevention of Corruption Act, 1947, have been acquitted. 2. Respondent Suresh Chand Katoch was working as Junior Engineer in Irrigation & Public Health Department, Sub Division Barsar and respondent Chet Ram was working as Supervisor under him. Respondent Chet Ram submitted an undated handwritten complaint Ex. PW-14/A to Irrigation & Public Health Minister, Himachal Pradesh, in which several allegations were made against the higher officials of the Department. One of the allegations was that bogus Muster Rolls had been prepared and the amount mentioned in those Muster Rolls, shown to have been disbursed to the labourers named therein, had been pocketed by certain Engineers....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Apr-21-2011
1. By this judgment, three appeals, particulars whereof are given hereinabove, are being disposed of, because appellants in all the three appeals, have been convicted and sentenced by the same judgment of the trial Court, i.e. judgment dated 28.6.2002, of learned Special Judge, Shimla. 2. Appellants, Jai Lal Banstu and Balbir Singh, have been convicted of offences, under Sections 120-B, 468, 471, 420 IPC and Rule 20 of the H.P. Forest Produce (Land Routes) Rules, 1978, while appellants Nathu Singh and Subhash Chand, besides the aforesaid offences, have been convicted of offences, under Sections 218 IPC and Section 5(2) of the Prevention of Corruption Act, 1947. All the appellants have been sentenced to undergo rigorous imprisonment for a period of six months and to pay fine of Rs.500/-, under Section 120-B IPC, to undergo rigorous imprisonment for a period of three years and to pay fine of Rs.1500/-, under Section 420 IPC, to undergo rigorous imprisonment for a period of three years an...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Apr-07-2011
1. Appeals, in which the same judgment, i.e. judgment dated 30th November, 2004, of learned Special Judge, has been assailed, are being disposed of. Two persons have been convicted and sentenced by the learned Special Judge, vide impugned judgment. They have filed separate appeals. So, they are being disposed of by a common judgment. 2. Case of the prosecution may be stated thus. There is a village, by the name of Kohila in Ani Sub Division of Kullu District. Prem Dass, appellant in Criminal Appeal No.580 of 2004, retired as Kanoongo from Revenue Department, in the year 1985. Before being promoted as Kanoongo, he served as Patwari. On account of his being a member of field staff of Revenue Department, he made friends with Kartar Chand, appellant in the second appeal, i.e. Criminal Appeal No.521 of 2004. Appellant Kartar Chand was posted as Patwari in Kohila Mohal, during the period 1988 to 1991. He handed over the charge to PW-16 Ram Sarup. Appellant Prem Dass, who is permanent residen...
Tag this Judgment!Court : Himachal Pradesh
Decided on : May-30-2011
1. Present Regular First Appeal has been directed by the appellant-defendant, having felt aggrieved by the judgment and decree passed by the learned trial Court in Civil Suit No.6 of 2003, decided on 20th November, 2008 whereby the suit for recovery filed by the respondents, hereinafter to be referred as ‘the plaintiffs’, was decreed for a sum of `3,30,000/- as damages for causing death of Naranjan Singh, husband of respondent No.1 Trishla Devi, by fire-shot by the appellant, hereinafter to be called as ‘the defendant’. 2. In short, the brief facts giving rise to the present appeal can be stated thus. On 5th August, 2001, at about 6.40 pm, Naranjan Singh deceased a class IV employee in the Ayurvedic Department, was working in the fields of his brother Rakesh Kumar alongwith other family members. The defendant came to the spot alongwith his servant Ramu and threatened the deceased with dire consequences, in case he alongwith his family members would not desist fr...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Aug-09-2011
Rajiv Sharma, J. CMP No.5518/2011 1. Heard. The application is not opposed. Allowed. Priyanka Thakur is permitted to be added as petitioner No.4. Registry is directed to carry out necessary correction in the memo of parties. The application stands disposed of. Core issue involved for adjudication in this petition is: whether the action of the respondent-State not to reserve seats for the candidates belonging to backward areas in I.G.M.C. Shimla is unconstitutional? Respondent No.4-University issued prospectus on behalf of State of Himachal Pradesh for holding combined Pre- Medical Entrance Test for graduate (M.B.B.S./B.D.S.) courses in Himachal Pradesh for academic session 2011- 2012. The last date for submission of application, as per prospectus, was 30.4.2011. It is evident from the prospectus issued by respondent No.4-University that no seats have been reserved for the candidates belonging to backward areas in I.G.M.C. Shimla. Two Seats have been reserved for this category in Dr. Ra...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Sep-26-2011
Rajiv Sharma, J. SUIT FOR SPECIFIC PERFORMANCE. 1. Plaintiff has instituted a suit for specific performance of agreement dated 24.08.2006. According to the plaintiff, he entered into an agreement with the defendants on 24.08.2006, for purchasing the land to the extent of 65 bighas, comprised in Khata No. 1, Khatoni No. 1 to 4, total Khasra Nos. 25, as per Jamabandi for the year 2001-2002, in which the defendants have share to the extent of 75 bighas out of total land, measuring 174. 13 bighas, situated in village Char, Pargana Lachrang, Tehsil Kausali, District Solan, H.P. The total sale consideration for purchasing the land to the extent of 65 bighas was fixed at Rs.48 lacs and out of the total land, a sum of Rs.4 lacs was paid to the defendants, which was acknowledged by them. The remaining sale consideration was to be paid by the 1 Whether the reporters of the local papers may be allowed to see the judgment? No. plaintiffs on or before 23.04.2007, by which date, the sale deed was to...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Oct-18-2011
Reported in : 2012AIR(HP)61
Kuldip Singh, J. 1. The plaintiff has come in second appeal against judgment, decree dated 18.8.2001 passed by learned District Judge, Mandi in Civil Appeal No. 2 of 1998 reversing judgment, decree dated 27.8.1997 passed by learned Senior Sub Judge, Mandi in Civil Suit No. 127 of 1992, 43/1995 decreeing the suit of the appellant for recovery of ` 40,000/- along with interest at the rate of 12% per annum and future interest at the rate of 6% per annum. 2. The facts, in brief, are that the appellant had filed a suit for recovery of Rs.1,00,000/- against the respondents on the averments that the appellant is matriculate and was working as Conductor in September, 1990 on salary Rs.1,000/- per month. He was hale and hearty unmarried aged 20 years at the relevant time. On 27.9.1990 he was coming from Tarna Temple, Mandi, he received bullet injury on his hip joint in Mohalla Thanehra, Mandi. He fell down and was removed to Civil Hospital, Mandi where he remained admitted till 9.10.1990. 3. Th...
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