Court : Himachal Pradesh
Reported in : 1995CriLJ3460
..... case is also not produced in the court. apart from these discrepancies, there are other important factors such as the prosecution had not pleaded before the sessions judge on november 12, 1991 when the bail order was passed about the alleged disclosure statement and recovery of the incriminating articles at the instance of the appellant ..... the course of arguments made the grievance that the investigation in the present case was dishonest. the investigating officer was callous and lethargic. he did not promptly act to know the cause of unnatural death of the deceased despite intimation conveyed to him by pw doctor s.c. gupta, medical officer, national fertilizer limited hospital ..... leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused...'.10. in : 1982crilj1243 (gambhir v.' state of maharashtra), the court reiterated the law in the following term (para .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1996HP14
..... business with defendant no. 1-firm and he had been doing business in srinagar since1943.25. dw 4 is shri trilok chand, who had been serving, from 1954 to 1968, with the firm of lala roshan lal kuthiala at yamuna nagar as an accountant. he stated that bipan lal was not a partner of defendant no. 1 -firm. he ..... lal kuthiala since 1946. he stated that late lala roshan lal kuthiala was not having any business but again added that he was not running any business at shimla since 1968. he admitted that late roshan lal kuthiala owned and possessed property at shimla which was managed by the witness. according to the witness, defendants nos. 1 to 7 ..... perspective.34. on the basis ot the evidence discussedabove, the main attack on the judgment and decree passed by the learned single judge has been pertaining to the point of limitation.35. it is well known that the limitation act, with regard to personal action bars the remedy without extinguishing the right. it is meant to see that the plaintiff does .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1995HP156
..... and such investigation would be incomplete and illegal without associating the aggrieved party for the removal of whom such an enquiry has been contemplated.27. the word 'inquiry' connotes act of seeking truth, information or knowledge about something. it is although synonymous with inquisition/investigation, probe or inquest, yet it acquires a definite meaning in the ..... of and complied to meet his ground of removal.18. there are two principles which govern natural justice. the first principle is that no body shall act as a judge in his own cause. the principle corresponds to the latin maxim 'nemo debetesse judex in propria causa.' the principle means that justice should not only be ..... noteworthy. (para 46 at p 1424 of air).'in this light the question emerges whether the decision of the speaker to admit the motion to remove the judge moved by requisite number of members of the house of people is amenable to judicial review. undoubtedly, in a parliamentary democracy governed by rule of law, any .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1995CriLJ3431
..... . in other words, the prosecution has miserably failed to bring home the guilt against the accused beyond reasonable doubt to the satisfaction of this court. learned sessions judge has not adverted to the above said circumstances, clearly emerging from the record. had he done so, he would not have committed the above said error in ..... is supported by another circumstance appearing from her (prosecutrix's) testimony to the effect that she admits in her cross- examination that after the commission of the act in question, she went to the police and as she was not knowing the name of the accused, she returned to the place of occurrence alongwith the police ..... natural behaviour of the prosecutrix indicating the sex indulgence with the accused shows that she was a passive agent and a consenting party to the commission of the act in question. he has drawn my attention to various circumstances arising out of the evidence adduced by the prosecution and emphasised that by no stretch of imagination, .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1995CriLJ2603
..... at its face value, sub-section (i) of section 19 becomes redun dant inasmuch as cognizance of an offence can only be taken at the stage of inquiry by the special judge under the provisions of act of 1988 and by a magistrate under the provisions of the code. in this view of the matter, sub-section (i) has to be read in ..... nor can show to the higher court i.e. appellate or revisional court as to what prejudice has been caused to him during inquiry. however, once a direction for the issuance of process is given by a special judge, it puts a restraint upon his liberty and he is prejudiced by the mere passing of such an order, as it touches his ..... the opinion that the failure of justice has been occasioned thereby, such findings, sentence or order passed by a special judge can be reversed. now, as in the instant case, the stage of the case before the special judge was that of inquiry before it took cognizance of the same suomotu and directed the issuance of process. it is also well established that .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1995CriLJ2458
..... enhancement of the sentence. the division bench of this court (kamlesh sharma and d.p. sood, jj.) allowed the appeals and remanded the case to the sessions judge for recording the statements of sharif mohammed (pw11), roshan lal (pw18), vijay kumar (pw19) and mool raj (pw20) and proceed with the trial in accordance with ..... presence of those who in one way or the other facilitate the execution of the common design, is itself tantamount to actual participation in the 'criminal act'. the essence of section 34 is simultaneous consensus of the minds of persons participating in the criminal action to bring about a particular result. such consensus can ..... /-payable to smt. nirmala devi, for offence under section 324, indian penal code; and rigorous imprisonment for one year for offence under section 27, indian arms act. all the sentences of imprisonment have been ordered to run concurrently allowing benefit of set off under section 428, criminal procedure code, 1973. criminal appeal no. 238 of 1992 .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1995HP130
..... the nomination papers and shall decide all objections which may be made to any nomination and may, either on such objection or on his own motion, after such summary inquiry, if any, as he thinks necessary, reject any nomination on any of the following grounds:-- (a) that on the date fixed for the scrutiny of nominations ..... election petition, the appeal filed by the returned candidate against his conviction and sentence stood accepted, setting aside his conviction and sentence on all counts. the learned judge of madhya pradesh high court held that the crucial date for deciding whether the nomination of a candidate was improperly accepted so as to make out the grounds ..... under section 100 of the act is the date fixed for the scrutiny of the nomination and acquittal in appeal on a subsequent date is of no consequence. holding this, the learned judge had proceeded to interpret the then existing provisions of sub-sections (2) and (3) .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : II(1996)ACC174,1996ACJ1292
..... mr. kanwar has referred the judgment in skandia insurance co. ltd. v. kokilaben chandravadan 1987 acj 411 (sc), wherein the learned judges have interpreted old section 96(2)(b) (ii) which is pan materia to amended provisions of section 149(2)(a)(ii). in the said judgment, ..... death of madan lal on the spot and injuries to other persons travelling therein. the claimants filed their petition under section 166 of the act, alleging that the accident had taken place due to rash and negligent driving of the tractor by its driver som nath, son of mangat ..... the learned judges have held:it must be established by the insurance company that the breach was on the part of the insured and that it ..... kamlesh sharma, j.1. this appeal under section 173 of motor vehicles act (hereinafter called 'the act') is directed against the award dated 27.11.1993 passed by the motor accidents claims tribunal, una, whereby .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2(1996)ACC218
..... of limitation for filing a claim petition.21. in indra sawhney and ors. v. union of india and ors. 1992 supp. (3) scc 217, it was held that the judges who are entrusted with the task of fostering an advanced special policy in terms of the constitutional mandate cannot afford to sit in ivory towers keeping olympian silence unnoticed and ..... any interim relief granted under section 92-a has to be deducted.44. reliance was placed on section 6, i.e. effect of repeal of the general clauses act by 1994 act, in our opinion, this section is not attracted to the present appeals, as we have held that the limitation is procedural in nature and after taking into consideration ..... benefit rather than a construction, which has the effect of curtailing the benefit.25. the apex court in the state of west bengal and anr. v. nripendra nath bagchi : (1968)illj270sc held that regarding recourse of the statutes, the court has to find out the meaning of law as it stood before and then the evil, which was sought to .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : II(1996)DMC508
..... before that application under order 6 rule 17, cpc is finally disposed of, the court is legally required to make an inquiry as to the mental condition of the husband.11. the district judge before making an elaborate inquiry in this behalf, at first instance, has to satisfy himself by examining the husband himself or directing his medical examination ..... , chandigarh, meaning thereby that he was serving as a geologist. the wife also filed an application under section 24 of the hindu marriage act which was allowed by the learned district judge vide order dated 7.6.1993. it has been very specifically alleged in this petition that husband was employed with the union of india and ..... with the present petitioner. in the alternative, she has prayed for dissolution of the marriage by a decree of divorce under section 13 of the hindu marriage act. the annulment of the marriage has been sought for on the ground that the husband has been suffering from mental disorder and the disease was diagnosed as ' .....
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