Court : Himachal Pradesh
Reported in : 2002CriLJ2334
..... accused.37. for the foregoing reasons, in my opinion, it cannot be said that by convicting the accused, illegality has been committed by the learned additional sessions judge. the appeal, therefore, deserves to be dismissed and is accordingly dismissed.38. the appellant/accused is on bail. he will surrender to custody to undergo remaining ..... of rape punishable under section 376 of the indian penal code. he, therefore, recorded conviction of the accused. on quantum of sentence, the learned additional sessions judge heard the accused and his counsel. he observed that in the light of 'alarming frequency of crime against women' and keeping in mind the amendment of 1983 ..... by the criminal law (amendment) act, 1983 (act 43 of 1983), the case on hand was a fit one in which minimum sentence ought to be imposed on the accused. accordingly, the learned additional sessions judge directed the appellant/accused to undergo rigorous imprisonment for seven years and to .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2002CriLJ2985
..... should vacate the house and land measuring 6 kanals 7 marias as the same have been purchased by them. the complainant was shocked and suprised. he immediately made inquiries from tehsildar and patwari halqua and came to know that all the accused persons had conspired and 'has got a false and fabricated document prepared by way of sale ..... the sale deed dated 18th july, 1994 and filed a civil suit no. 210-94, tulsi ram v. anil kumar and others which is pending before the learned sub judge (ii), hamirpur.6. it is the further case of the complainant that accused no. 6 to 8; namely; milap chand, petition writer scribe of the sale deed, ..... by browbeating and tyrannising the appellants with criminal prosecution. the apex court also took note of the fact that criminal complaint under section 138 of the negotiable instrumetns act was pending against the appellants and other accused and if the offence under section 138 is proved against them then they will suffer the consequences. the apex court .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (2002)IILLJ861HP
..... guilty. those two persons were let off with a minor punishment, but the respondent was dismissed. the administrative tribunal upheld the findings recorded by the inquiry officer against the respondent. according to the tribunal, however, the punishment imposed on the respondent was excessive. according to the tribunal, it ought to ..... judgment and order passed by the trial court, the plaintiff preferred an appeal before the district judge, una. meanwhile, the himachal pradesh state administrative tribunal came to be established under the administrative tribunals act, 1985 (at act). the learned judge, therefore, submitted papers of appeal to the registrar of this court on september 12, 1986. ..... may now be stated.3. respondent no. 1 raj kumar (hereinafter referred to as 'the plaintiff) filed a suit in the court of senior sub-judge, una on may 4, 1982 for a declaration that an order terminating his services passed by the himachal pradesh agro industries corporation ltd. and others (hereinafter .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2003HP5
..... neighbours dw 1 sh. dev raj vig and bhagat ram started construction and they raised the same. but when they started their work, notices under himachal pradesh municipal act, 1968 were issued to them. in post-haste and in a mala fide manner demolition was carried out on 15-9-1981 of the four pillars. basis for claiming ..... would be exercised would certainly after the general pattern of economic and social behaviour of the community. it was further stated by the majority that this doctrine required an inquiry into the role of a given statutory power and its effect on the behaviour of the general public. on this principle of 'general reliance', their lordships stated ..... case it discharges defendant no. 1 of its duty under law. though learned counsel appearing for defendants no. 1 and 2 supported the judgment of the learned single judge and urged that while dismissing the appeal of the plaintiffs, cross objections filed by his clients deserve to be allowed, this plea cannot be accepted in view of .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2002CriLJ3178
..... 537 of the code of criminal procedure, 1898 which correspond respectively to sections 464 and 465 of the code, and held that in judging a question of prejudice, as of guilt, courts must act with a broad vision and look to the substance and not to technicalities, and their main concern should be to see whether the ..... following massive internal haemorrhage and the injuries found on his person could be inflicted by 'dandas' p-1 to p-4 coupled with stones. the learned sessions judge on assessment of the evidence has rightly held that the prosecution has failed to establish that all the accused persons have committed rioting after forming unlawful assembly with ..... , learned counsel for the accused and mr. m.c. mandhotra, learned addl. advocate general for the state. the first contention of mr. chandel was that the trial judge framed charge no. 4 against the accused as under:fourthly, on the aforesaid date, time and place you being member of unlawful assembly committed the murder by causing the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2003CriLJ536
..... each of the two appellants (hereinafter referred to as the accused) stands convicted for the offence under section 20, narcotic drugs and psychotropic substances act, 1985 (for short ndps act) by the learned special judge and sentenced to rigorous imprisonment for ten years and to pay fine of rupees one lac. in default of payment of fine, each of ..... 8 bhim sen reached the spot. he found two persons, namely the two accused, sitting on the roadside and a bag was lying in between them. on inquiry, the two accused disclosed their names and addresses. pw. 8 head constable bhim sen then expressed his suspicion about the two accused being in possession of charas. ..... been rightly convicted and sentenced.14. we do not find force in the contention of learned additional advocate general. before a presumption under sections 35 and 54, ndps act can be raised, the prosecution has to prove beyond all reasonable doubts that charas was found in possession of the accused. since the very possession of charas .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2002CriLJ3532
..... (pw-2), the mother of the prosecutrix, has stated that when informed of the occurrence of rape by mohinder singh, her brother in law, she made inquiries from the prosecutrix who narrated the occurrence to her. thus, she corroborates the statements of the prosecutrix regarding disclosing of the occurrence by the prosecutrix to her on ..... of the prosecutrix was a little more than 11 years but less than 12 years.27. in view of the evidence discussed hereinabove, the learned additional sessions judge has rightly held the accused guilty of the commission of offences punishable under sections 376 and 506 of the indian penal code therefore, the impugned order of ..... also took in possession the communication addressed by the accused to kendriya adhyaksh panjehra admitting therein the maltreatment meted out to the prosecutrix and tendering apology for his acts of misconduct. birth certificate of the prosecutrix ext. pw-22/a showing the date of birth of the prosecutrix as '10-2-1988' was also taken in .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(2003)ACC93,2002ACJ1618
..... sc), it was observed as under (para 11):(11) in the premise, we hold that the view expressed by the bench of three learned judges in the case of shanti bai 1995 acj 470 (sc), is correct and answer the question set out in the order of reference in ..... a (2)-goods carrying vehicle-general cartage (public carrier). premium charged by the appellant in this case was as under:_____________________________________________________________licensed own damage liability to 'act only'carrying the publiccapacity risks______________________________________________________________(a) to (c) xxx xxx xxx(d) exceeding rs. 850 plus rs. 240 rs. 200rs. 200 for5080 kg ..... insurance company issues following type of policies:(1) comprehensive insurance policy: covers loss of or damage to the insured's vehicle by accidental external means or malicious acts, fire, external explosion, lightning, self-ignition, frost (for private cars only), burglary, housebreaking or theft, riot and strike, flood, inundation, typhoon, .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(2003)ACC477,2002ACJ2104,(2003)ILLJ265HP
..... involves finances, so unless made applicable retrospectively, such a provision would always be applicable prospectively. this matter is even otherwise no more res integra, in view of a three judge bench decision of supreme court of india in kerala state electricity board v. valsala k., air 1999 sc 3502 : 1999 (8) scc 254 : 1999-11-llj-1112, ..... view that the injured workman becomes entitled to get compensation the moment he suffers personal injuries of the types contemplated by the provisions of the workmen's compensation act and it is the amount of compensation payable on the date of the accident and not the amount of compensation payable on account of the amendment made in ..... co, ltd. v. v.k. neelakandan, civil appeal nos. 16904-16906 of 1996, decided on november 6, 1996, however, took the view that workmen's compensation act, 1923 being a special legislation for the benefit of the workmen, the benefit as available on the date of adjudication should be extended to the workmen and not the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2002CriLJ3832
..... shantha to attend a local fair. prosecutrix remained behind in the 'dogri'. at about 6.30 a.m. appellant came to the aforesaid 'dogri' and made inquiry from the prosecutrix about the whereabouts of her husband. she told the appellant that her husband had gone to village shantha to see the fair. the appellant then caught ..... appellant examined relu ram (dw 1) and mangat ram (dw 2) in his defence.9. on consideration of the entire material on record, the learned sessions judge found the appellant guilty of the commission of offence under section 376, ipc and accordingly convicted and sentenced him as aforesaid. the appellant has challenged his conviction and ..... an impression on our minds that she is a reliable and truthful witness. her testimony suffers from no infirmity or blemish whatsoever., we have no hesitation in acting upon her testimony alone without looking for any corroboration. however, in this case there is ample corroboration available on the record to lend further credence to the .....
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