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Safi Mohamad Vs. State of Himachal Pradesh and anr.

Court : Himachal Pradesh

Reported in : 2007CriLJ4546,2007(2)ShimLC387

..... in the cross-examination the witness has stated that he visited his native place about 4-5 times though he came to know about the registration of the case but the police had not asked anything from him.26 ..... to lend strength to her statement, pw-2 bago devi was also examined and in her statement she categorically stated that the prosecutrix informed her telephonically that she was threatened and that she was being raped by the appellant for the last about three ..... which she made pursuant to the search warrants before the sdm nalgarh, she has categorically stated that the appellant had been forcibly committing the acts of immorality with her. ..... ashwani kumar, (dw-7), was posted as sdm ghumarwin at the relevant time, he has stated about the issuance of the search warrants at the instance of shaukat ali husband of the prosecutrix ..... verma, additional advocate general for the respondent state and have carefully scanned the evidence on record.14. ..... in her cross-examination she has stated that when her husband had gone to manali, he told her that he had kept another wife ..... the prosecutrix has very categorically stated that one day when the appellant convict was sleeping, she contacted telephonically her parents and informed about the rape committed upon her by the ..... the prosecutrix has categorically stated that the appellant started committing sexual intercourse with her about three months back only, but prior to it he had been behaving with her like his daughter and used to call her 'betti .....

Nathu Ram and ors. Vs. the State

Court : Himachal Pradesh

Reported in : AIR1951HP1

..... ganga bam and padam pal were recorded by shri gita bam, magistrate first class, solan, and as the accused persona were to be formally surrendered by patiala state after clue extradition proceedings, they were immediately returned to the nazim or the district magistrate of kanda-ghat for being kept in the judicial lock-up,15. ..... that case, the accused who was not a british subject but a native of jind state, in which he resided, committed an offence within the jurisdiction of ..... he spent the night with ganga bam in the woods adjoining his village, dewar, near dharampur, in patiala state, while the accused, padam pal, went ahead to prepare nathu's mother by telling her that nathu had ..... discovery list was read out to him, he immediately corrected his mistake and stated that the discovery list was correct and that khukri and its sheath ( ..... to mention particularly that in the recorded dying declaration, the deceased stated tbat he had wanted to kill the robber and for this purpose ..... also in evidence that nathu, appellant 1, when admitted into hospital stated that he had received the injury four days previously, coinciding with ..... he admits that the fard is correct and that he has mistakenly stated that the khukri was three fourth inside the sheath.56. ..... well-balanced judgment, ex-amined the confessions and the circumstantial evidence very carefully and held all the three accused persons guilty under different sections of the penal code, as stated above and sentenced nathu bam, appellant 1, to death. .....

Continental Construction Ltd. Vs. Presiding Officer and anr.

Court : Himachal Pradesh

Reported in : [2004(102)FLR1190],(2004)IIILLJ117HP

..... in reply to the application filed by the workman under section 17-b of the 'the act' for payment of full wages pending the disposal of the writ petition, the petitioner-company has stated that in-compliance to the award of the labour court, the workman had been re-engaged as helper at manari bhali unit of the company vide order dated august 14, 1999 and he was transferred to the transit office ..... in regard to the action taken by the employer but the letter addressed to him was again received back undelivered with the same remarks that the addressee was not found available at his native place and had gone out of village. ..... the workman he was residing in the project colony at kheri during his employment and the communications said to have been sent to him by the petitioner-company were intentionally addressed to his native place where he could not be found available. ..... in reply to the writ petition, the workman has stated that he has been kept out of job by the petitioner-company from may 31, 1996 onwards and after the award came to be passed in his favour by the labour court, the petitioner-company has ..... the petitioner-company has also stated that it was ready and willing to allow the workman to join his duties, but the workman was reluctant not to join his duties at the new place of posting as there was no other project ..... the workman also stated that he never absented himself from the duties as alleged by the petitioner-company and the story pleaded by it that he left the job on his own .....

General Manager, Punjab Roadways, Nangal Depot and anr. Vs. Smt. Santo ...

Court : Himachal Pradesh

Reported in : 1998ACJ608,AIR1997HP36

..... while allowing the multiplier of 24 years in case of death of 36 years old army major, no reasoning has been given whereas, according to him, in the subsequent judgment of the apex court in the ease of general manager kerala state road transport corporation (supra), elaborate reasoning has been given and this judgment properly decides the matter in issue. ..... both these respondents, the accident was the result of negligence on the part of the deceased, who in order to catch the connecting bus to his native village, fell down on the road after he had jumped from the moving bus. ..... case of the, claimants further was that the deceased was to go to his native village gang bhairon and he was a passenger in the bus which was being driven by ..... this act, on the part of the driver, was stated to be rash and negligent resulting in the death of ..... of (1994) 2 scc 176 : (air 1994 sc 1631), general manager, kerala state road transport corporation, trivan-drum v. ..... other hand, learned counsel for the appellants, has placed reliance on 3 decisions of the apex court reported in (1994) 2 scc 176 : (air 1994 sc 1631), general manager, kerala state road transport corporation, trivan-drum v. ..... in his this hurry, the deceased is stated to have jumped from the moving bus and fell down on ..... question on the fateful day but it was the result of own acts of negligence of the deceased-om parkash chadha, because he was in a hurry to get down so that he could catch a bus going to bagli for going to his native village. .....

State of Himachal Pradesh Vs. Narender Kumar Alias Hira and ors.

Court : Himachal Pradesh

..... 1 scc 604, has held as under:to render a document admissible under section 35, three conditions must be satisfied, firstly, entry that is relied on must be one in a public or other official book, register or record; secondly, it must be an entry stating a fact in issue or relevant fact; and thirdly, it must be made by a public servant in discharge of his official duty, or any other person in performance of a duty specially enjoined by law. ..... in fact it is not the case of the prosecution that the prosecutrix was not born in kasauli and was in fact born at the native place of her parents in the state of uttar pradesh. ..... this appeal under section 378 of the code of criminal procedure by the state is directed against the judgment of acquittal dated 10.1.1995, passed by the learned sessions judge, solan, ..... importantly in the complaint, pw-4 does not state that the prosecutrix had been kidnapped by the accused with an intent that she may be compelled to marry or forced/likely to force/seduced to for any illicit intercourse ..... in her earlier version she nowhere stated that when she tried to raise hue and cry she was threatened by the accused with dire consequences or that she had disclosed it to the accused lajwanti and surender kumar that she had ..... even though in her deposition she stated that the age of the victim appeared to be 17 to 18 years but she clarified that the clinical age is determined by looking at the face and physical appearance of the person and that she indicated the age of .....

Kalyan Singh and ors. Vs. State of H.P. and ors.

Court : Himachal Pradesh

Reported in : 2006(1)ShimLC41

..... the plea raised is, the ownership of the land, including the minerals under the surface of the land in question do not belong to the state government, therefore, the respondent-state has no right or jurisdiction to renew the lease or issue permit for the extraction of the lime stone from the land in question unless the owners consent for ..... the entry in wajibularz relates to the government land and not to the private land, secondly, mahsul is the share of the state when revenue was realized in kind and the balance was known as 'rahkam' and therefore, mahsul is nothing but land revenue payable ..... in its return has taken the stand that the government has only returned the surface rights of the shamlat land vested in the state, by the amendment of 1974 act, to the erstwhile owners and the private owners at the most are only entitled to compensation which can be either mutually agreed upon or may be ..... the pai path fee of the superior proprietor, and, where the cultivator is a tenant, also the lichh or kasur of the chakdar--under native rule the revenue or mahsul was taken in kind and as the rate approached in many cases that of a full rent, there remained after deducting the cultivator's and the state share but a small fraction for the non-cultivating proprietors. ..... oil and gold washings, shall be deemed to be the property of the government for the purposes of the state and the state government, shall have all powers necessary for the proper enjoyment of the government's rights thereto.23. .....

New India Assurance Co. Ltd. Vs. Soma Devi and ors.

Court : Himachal Pradesh

Reported in : 2007ACJ1670

..... he also admitted that the deceased was paying income tax on the salary but he is not in a position to state how much income tax was being deducted.6. ..... 30,000 was spent on the treatment of the deceased before his death and that the body was brought to the native place in a taxi and rs. ..... in the cross-examination, he has stated that the carry-home salary of the deceased was rs. ..... in cross-examination, she has stated that she has no documentary proof that her husband was giving her rs. ..... he was not living at his native place. ..... pw 5 is an assistant from the state bank of india, dhaulakuan. ..... kuldip singh, the learned senior counsel, appearing on behalf of the claimants relies upon the judgments of the apex court in general manager, kerala state road trans. ..... she has stated that about rs. ..... : (2008)2scc774 and tamil nadu state trans. ..... in tamil nadu state trans. ..... : (2008)2scc774 and tamil nadu state trans. ..... he also states that a higher multiplier should have been applied.9. ..... she states that air force pension has been discontinued since she is now getting family pension from the police department.5. ..... she states that he would have probably risen to the rank of the superintendent of police. ..... it is stated that a sum of rs. ..... state road trans. ..... he states that pension of rs. ..... he stated that gpf is the savings of the employee. ..... he stated that the deceased was posted as inspector in the police department in police station, bilaspur. .....

New India Assurance Company Ltd. Vs. Soma Devi and ors.

Court : Himachal Pradesh

Reported in : IV(2005)ACC582

..... he also admitted that the deceased was paying income tax on the salary but he is not in a position to state how much income tax was being deducted.6. p.w. ..... 30,000 was spent on the treatment of the deceased before his death and that the body was brought to the native place in a taxi and rs. ..... in tamil nadu state transport corporation's case (supra), which is the latest judgment on the point, the apex court after referring to the earlier judgments in up state road transport corporation and ors. v ..... kuldeep singh, learned senior counsel, appearing on behalf of the claimants relies upon the judgments of the apex court in general manager, kerala state road transport corporation, trivandrum v. ..... in cross-examination, she has stated that she has no documentary proof that her husband was giving her rs ..... he was not living at his native place. ..... : (2008)2scc774 and tamil nadu state transport corporation ltd. v. s. ..... 5 is an assistant from the state bank of india, dhaulakuan. ..... in cross-examination, he has stated that the carry home salary of the deceased was rs ..... she has stated that about rs ..... he also states that a higher multiplier should have been applied ..... she states that the air force pension has been discontinued since she is now getting family pension from the police department.5. p.w ..... she states that he would have probably rised to the rank of the superintendent of ..... he stated that the gpf is the saving of the ..... he stated that the deceased was posted as inspector in the police department in police station, .....

State of H.P. Vs. Parkash Chand

Court : Himachal Pradesh

..... once this witness admittedly did not know hindi, it was the duty of the police to have ensured that either her husband or some other person knowing her native language was called and with their help, her statement under section 154, cr.pc should have been recorded.5. ..... the only witness who positively state that the accused was the driver is pw/4 sh. a.k. ..... no doubt, this witness stated that the truck, in question, was being driven by the accused but he was not present at the time of the accident. ..... parveen kumar who is stated to be an eye witness to the said accident did not identify the accused as the same person who was driving the truck in question.6. ..... this appeal by the state is directed against the judgment dated 13.12.2002 passed by the learned chief judicial magistrate, kinnaur in criminal case no. ..... she nowhere stated that the vehicle was being driven by the accused. ..... briefly stated the facts of the case are that on 11.5.2000 smt. .....

Ms. Manisha and anr. Vs. Partap Singh and anr.

Court : Himachal Pradesh

Reported in : [2006(109)FLR1118],2006(1)ShimLC148

..... our experience, as lawyers and judges of high courts shows that more often than not, first appellate courts, simply, mechanically, reiterate what is stated by the trial court and confirm findings of fact rendered by the trial court without making an independent reappraisal of the pleadings and the evidence in the case as they are bound to do as courts of appeal ..... they have not examined any official from the industries department or from the state geologist department to show who are the persons to whom mining leases have been given in the area in question and that there was no mining lease in favour of the respondents ..... the respondents have examined pratap singh respondent who states that he does not own any mine either in his own name or in the name of any member of his family ..... this witness has clearly stated that he as well as the deceased were employees of the respondents.12 ..... the truck was turned back and the body of the deceased taken to his native village. ..... pws 3 and 4 have stated that deceased raju received head injury while working on the mine of the respondents and he was extracting stones ..... however, since raju died on the way, the body of raju in the same truck was taken to his native village. ..... this witness further states that he had only gone uptil kamrau and had not gone in truck to ..... in cross-examination he has stated that since the patient was unconscious, obviously some person must have brought him to the dispensary, but he was unable to give the name of such person.10 .....