Court : Himachal Pradesh
Decided on : Jan-10-1975
Reported in : 1975CriLJ1346
ORDERD.B. Lal, J.1. This revision petition is directed against the decision of the learned Additional Sessions Judge, Mandi, in a case under Sections 323 and 325 of the I. P. C. whereby in appeal the conviction of Param Dev for causing voluntary hurt to Smt. Chhetri and her small child Sarla is maintained, although the sentence has been reduced. The prosecution case was, that on 16-5-1969 the accused Param Dev gave a beating to Smt. Chhetri and in this process snatched the child Sarla from her with the result that the child fell down and sustained a fracture in the head. There was also an exchange of abuses between them prior to the causing of voluntary hurt. Param Dev was accordingly prosecuted for the offence under Section 325 for causing grievous hurt to Sarla and for the offence under Section 323 for causing simple injuries to Smt. Chhetri. The learned Magistrate sentenced him for nine months rigorous imprisonment and to a fine of Rs. 200/- for the offence under Section 325 and sen...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Mar-14-1975
Reported in : AIR1976HP1
R.S. Pathak, C.J.1. By this writ petition under Article 226 of the Constitution the petitioners challenge the validity of two, notifications dated January 21, 1974 whereby the Governor of Himachal Pradesh has fixed the headquarters of the Solan Sessions Division and of the Solan Civil District at Nahan in the district of Sirmur.2. Three notifications were issued by the Governor of Himachal Pradesh. The first notification No. 11-2/66-Appt. (DP) (i) dated August 30/31, 1972 was made under Section 7 (2) of the Code of Criminal Procedure and by it the limits of the existing Sessions Divisions were altered and the Sessions Divisions were re-constituted, the limits of the newly constituted Solan Sessions Division being the Solan and Sirmur districts with headquarters at Solan. By the same notification the Governor, acting under Section 9 (1) of the Code of Criminal Procedure, established a court of Session for each of the Sessions Divisions so constituted. A copy of this notification is Anne...
Tag this Judgment!Court : Himachal Pradesh
Decided on : May-13-1975
Reported in : AIR1976HP19
R.S. Pathak, C.J.1. The following question has been referred for the opinion of this Bench:--'Whether this Court which has passed the judgment which is challenged in the L. P. A. by the affected respondents is competent to entertain and hear the stay application against its own orders ?'2. A writ petition was decided by my brother Thakur as a single Judge. He allowed the petition and directed the State and the Chief Electoral Officer to treat the petitioners as regular employees of the Election Department and not to revert them. Against his order a Letters Patent Appeal has been filed in this Court, and in that appeal the present application has been made for staying the operation of the order allowing the writ petition. The Letters Patent Appeal came on for admission before myself and D.B. Lal. J. The latter declared that he would not like to be a member of the Bench hearing the appeal, and accordingly an order was made that the case be listed before a Bench of which he was not a memb...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Oct-22-1975
Reported in : 1976CriLJ1466
Chet Ram Thakur, J.1. In this revision petition the question which arises for decision is whether the Public Prosecutor can intervene at the stage of an enquiry under Section 202 of the Cr. P. Code, 1898, (hereinafter called the Code) in a case instituted on a complaint by a private person.2. Shri Charan Dass Dogra, an Advocate of Kulu had lodged a complaint under Sections 302, 307, 148, 149, 109, 114 and 120-B of the I. P. Code against S/Sliri Lal Chand Pararthi and five others. The judicial Magistrate in whose court the complaint was lodged took cognizance of the case as contemplated under Section 190 of the Code and he commenced an enquiry as contemplated under Section 202 of the Code. During the course of the enquiry, before processes were issued to the accused, Shri T. R. Sharma who is said to be a Magistrate and was connected with the arrangement of the DUSHERA fair when this occurrence is alleged to have taken place, was examined on 28-10-1971. Later on the Advocate-General appe...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Dec-19-1975
Reported in : AIR1976HP61
D.B. Lal, J.1. Shri Ajit Kumar filed Civil Writ Petition No. Ill of 1974, wherein he sought for the quashing of the impugned orders, Annexures 'G' and 'J' to the petition whereby he was reverted from the post of Deputy General Manager (Works) in the Transport Department His case was, that he was appointed Deputy General Manager (Works) in the vacancy caused by the transfer of one Shri I. C. Mahajan to the Government of India. According to petitioner, his appointment was on probation for a period of two years and as such could not be held ad hoc. The appointment was also made on the recommendation of the Public Service Commission. Subsequently Shri I. C. Mahajan returned from the Government of India and as a result to that Shri Ajit Kumar was reverted by notification Annexure 'G' dated November 7, 1973. Subsequently he was appointed officiating Deputy General Manager in the Himachal Pradesh Agro Industries Corporation but from that post also he was reverted vide Annexure 'J' in April 19...
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