Court : Himachal Pradesh
Reported in : 2007(1)ShimLC224
..... order.17. further in shamsher singh v. state of punjab and anr. : (1974)iillj465sc , the constitution bench of the supreme court consisting of seven hon'ble judges headed by hon'ble the then chief justice a.n. ray examined the matter while discussing various previous cases decided by the hon'ble court including purshotam lal dhingra's ..... rights conferred by statutory rules upon the employee.14. in a.g. benjamin's case 1967 s.l.r. 185, the constitution bench, consisting of five hon'ble judges, of the supreme court, cited by the learned advocate general, had an occasion to examine the case of temporary employee where a notice was given to the employee ..... fade innocuous, however, it is not because of the unsuitability of the respondent, based upon service record, but the material of inquiry was used against the respondent, on the basis of which the authority concerned had acted upon, which constitutes the foundation and is not the motive of the order. it is also ventilated that this court may .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(1)ShimLC365
..... of punjab : 1988crilj1097 , has held that section 293 of the code of criminal procedure provides that the report of the scientific experts may be used as evidence in any inquiry, trial or other proceedings of the court. the report by itself is not crucial. it is a piece of evidence. the only protection to it is that it does ..... court in lekh ram v. state of himachal pradesh latest h.l.j. 2005 (hp) 118. we find force in this submission. we feel that the learned special judge was not right in imposing the sentence of four years rigorous imprisonment in case of default of payment of fine. we, accordingly, modify the sentence and order that in case ..... imprisonment for six months each instead of four years.in the result, the conviction of the appellants-accused for offence under section 20 of the narcotic drugs and psychotropic substances act, 1985, is maintained. however, the sentence of imprisonment in case of default to pay the fine is reduced to six months. the appeal is partly allowed to the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007CriLJ3029,2007(3)ShimLC415
..... statement in question answer form. the replies given in writing by him in his own hand were also placed on record by the learned additional sessions judge. section 119 of the indian evidence act reads as under:119. dumb witnesses. - a witness who is unable to speak may give his evidence in any other manner in which he can ..... of an expert was required. the examination was conducted in the manner laid down in section 119 o the evidence act in regard to the dumb wit ness who could not speak and therefore the learned trial judge had resorted to the practice of recording the replies in question answer form and filing those replies with the record also ..... . no infirmity can be found in the procedure adopted by learned trial judge in recording the replies in question answer form which can be read in evidence under section 119 of the evidence act. the contention put forth in this regard is rejected accordingly.33. another plea taken by learned counsel for .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(3)ShimLC298
..... after the termination of criminal proceedings or departmental proceedings in his favour and he is not accused of delaying or prolonging the proceedings of the trial court or the departmental inquiry, the principle of 'no work no pay' cannot come in his way in claiming the promotion from back date, with all consequential benefits, provided in the case ..... of the tribunal is bad.6. we have heard the learned counsel for the parties and gone through the record.7. the tribunal, placing reliance upon a judgment of three judges' bench of the supreme court, i.e. union of india and ors. v. k.v. jankiraman and ors. : (1991)iillj570sc , has held that where the promotion ..... 14 of the judgment of the criminal court, which has been reproduced hereinabove, it is clear that there was no evidence connecting the respondent with the alleged criminal acts and the prosecution had miserably failed to prove the charges. learned counsel for the petitioner drew the attention of the court to para-15 of the judgment of .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(2)ShimLC184
..... preferred by the appellant against the judgment of conviction and sentence for an offence under section 20 of the narcotic drugs and psychotropic substances act (hereinafter referred to as 'the act') passed against him by the special judge. appellant has been sentenced to rigorous imprisonment for a period of 10 years and to pay a fine of rs. 1 lac ..... , one person was sitting with the driver on the front seat while another person was sitting on the rear seat with a gunny bag lying by his side. on inquiry, he disclosed his name as sot ram. he stated that he had taken lift in the vehicle and that the bag belonged to him. on checking, it was ..... recovery and the ocular evidence established beyond reasonable doubt that the appellant was in conscious possession of charas and, therefore, guilty of offences under section 20 of the act.6. learned counsel appearing for the appellant has assailed the judgment on number of grounds. learned counsel submits that there is no evidence on record to link the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(2)ShimLC340
..... was registered by the police. after investigation, the challan was filed before the learned judicial magistrate, who committed the case to the learned sessions judge and it was assigned to the trial judge, who tried the appellant under sections as mentioned above leading to the conviction and sentence of the appellant.4. the submissions made by the ..... she agreed to accompany the accused who promised to leave her at her residence, therefore, it cannot be inferred that the prosecutrix was a consenting party to the act of rape committed subsequently by the accused. it was submitted that there was sufficient evidence on record to show that the prosecutrix resisted the said attempt, cried ..... uncle of the accused, unaware of the consequences that will follow, does not lead to the inference that the prosecutrix was a consenting party to the sexual act. there is substance in the plea raised by the learned counsel for the appellant that the consent can be express or implied, but neither there were any .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(3)ShimLC96
..... regulations.5. the workman besides taking the above noted plea has also stated in his claim petition that the charges were not proved against him in the inquiry report and the penalty of removal inflicted upon him was also dis-proportionate.6. i have gone through the record carefully and heard the parties.7. the ..... or if another view is possible is no ground to interfere with the findings of the industrial tribunal. their lordships have opined as under:the learned single judge seems to have undertaken an exercise, impermissible for him in exercising writ jurisdiction, by liberally reappreciating the evidence and drawing conclusions of his own on pure questions ..... the industrial tribunals by the high courts should not be on hyper-technical grounds. their lordships have opined as under:the object of enacting the industrial disputes act, 1947 and of making provision therein to refer disputes to tribunals for settlement is to bring about industrial peace. whenever a reference is made by a .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [2008]83SCL204(HP)
..... than one hundred members of the company or of the members of the company holding not less than one-tenth of the total voting power therein, is satisfied, after such inquiry as it deems fit to make, that it is necessary to make the appointment or appointments in order to prevent the affairs of the company being conducted either in a ..... orders passed by the debt recovery tribunal on 29-4-2003. the stand of the company further is that it has approached the company judge of this court by filing a petition under section 391 of the act and it is contended that till such proceedings are pending no coercive action should be taken against the company. the case of the company ..... lakhs and this amount was owned by the company to 85,921 depositors.3. the clb took cognizance of the matter under section 58a(9) of the indian companies act ('the act'), the company was asked to furnish the reasons for its default and the plan of action to clear all the matured deposits and the deposits which would mature in .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2008ACJ679,2007(3)ShimLC282
..... petition under article 227 of the constitution. even where a remedy by way of an appeal has not been provided for against the order and judgment of a district judge, the remedy available to the aggrieved person is to file a revision before the high court under section 115 of the code of civil procedure. where remedy for ..... supreme court in managing director, tamil nadu state trans. corporation ltd. v. k.i. bindu : air2005sc4425 , dealt with a proper method of compensation under the motor vehicles act. in that case, the deceased was aged 34 years. the claimants were his widow and children and the supreme court held that keeping in view the entire law, the appropriate ..... and the appeal being a product of the statute it is not open to an insurer to take any plea other than those provided under section 149 (2) of the act. [see national insurance co. ltd. v. nicolletta rohtagi : [2002]supp2scr456 ]. this being the legal position, the petition filed under article 227 of the constitution by the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(2)ShimLC251
..... by the mother of the respondent on that date. it has been denied that respondent levelled allegations of illicit relations of petitioner with smt. gurdas kaur. the inquiry conducted by the deputy commissioner has been denied. it has been denied that respondent has kept a male child, on the contrary it has been pleaded that ..... has solemnized marriage with her. she made a false complaint to the deputy commissioner, kangra, under whom the petitioner is serving. on the basis of that complaint, inquiry was conducted by the deputy commissioner and the petitioner was asked vide letter, dated 30.7.1993, to submit that he has not contracted second marriage.3. ..... 1. the respondent-wife is in appeal against the judgment, decree dated 28.3.2001, passed by the learned additional district judge (i), kangra at dharamshala in hma no. 107/d/97, whereby the learned additional district judge has dissolved the marriage of the parties by a decree of divorce. for convenience, the parties are referred in the same .....
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