Court : Himachal Pradesh
Decided on : Sep-17-2008
Reported in : 2008(3)ShimLC370
..... , shops or persons available near the place of recovery. he denied his knowledge in case there is small house above the place where the accused was arrested or 3-4 nepalis reside near the residence of the accused. pw-1 hhc hem raj has clearly stated that he was sent in search of local and independent witnesses, but he could not .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Mar-31-2008
Reported in : 2008(1)ShimLC505
Rajiv Sharma, J.1. A challenge has been laid to the orders passed by the Financial Commissioner (Revenue) in case No. 122/82. 123/82 (Revision) dated 15.10.1998. The brief facts necessary for the adjudication of this petition are that the petitioner-company is incorporated under the Companies Act. It is carrying on the business of manufacture and sale of Indian made foreign liquor, beer, break-fast food and food products etc. The assessing authority had passed the assessment order for the assessment year 1968-69. The assessing authority had allowed exemption under Section 41(A)(ii) of the H.P. General Sales Tax Act, 1968 for the sales of goods made in the course of export out of the territory of India. The assessing authority passed an order for the assessment year 1969-70 (Remand case) on 19.1.1976. The company preferred an appeal before the appellate authority. The appellate authority passed the order on 22.4.1977.2. Thereafter on remand, fresh order was passed by the assessing autho...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Apr-08-2008
Reported in : 2008(3)ShimLC435
Surjit Singh, J.1. State is aggrieved by the judgment of the Sessions Court whereby respondents Balvinder Kaur and Saravjit Singh and another person named Ravinder Singh, since deceased, have been acquitted of the charge of conspiracy to murder, murder and destruction of evidence of murder with a view to screening the offenders. So it has filed the present appeal.2. Facts, as they emerge from the prosecution evidence may be stated thus: Deceased Surjit Singh was employed as a Constable with Punjab Police. In the year 1987, his wife died. He was thereafter transferred to Mohali. He started living in the neighborhood of respondent Balvinder Kaur. Deceased and respondent Balvinder Kaur developed illicit relations. Deceased rented some accommodation at Dharampur in the building of Raj Kumar (PW 3) in July, 1990 and occupied the same on 5-9-1990. Respondent Balvinder Kaur accompanied him. A son of the deceased aged about, eight years, named Chhapinder Singh alias Soni (PW 14) was also with ...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Aug-27-2008
Reported in : 2008(2)ShimLC510
Deepak Gupta, J.1. This Appeal is directed against the judgment dated 13th April, 2005 passed by a the learned Single Judge of this Court whereby he has held that this Court has no jurisdiction to entertain and adjudicate the objections filed by the present appellant to the award of the Arbitrator.2. The brief facts necessary for decision of the case are that the Nathpa Jhakri Power Corporation which has now been re-named as Satluj Jal Vidyut Nigam Limited (hereinafter referred to as the appellant-objector) entered into a contract with M/s. Continental Foundation Joint Venture which is an unincorporated joint venture between M/s. Continental Construction Limited duly registered under the Indian Companies Act and the Foundation Company of Canada Limited being a Company registered under the laws of Canada. This contract was entered into between the parties for the purposes of the construction of the Nathpa Jhakri Hydro Electric Project. The contract was entered into between the parties a...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jul-10-2008
Reported in : 2008(2)ShimLC472
Surinder Singh, J.1. In the instant petitions, preferred under Section 482 of the Code of Criminal Procedure, the petitioner has raised a common question of law and facts hence taken up together for its decision.2. In brief the facts are; the petitioner herein, made a complaint to the Mining Department that the respondents were indulged in illegal mining by extracting the stones from his land and also from the Government land. On enquiry the Mining Officer found substance in the complaint, thus he being the authorized officer, filed three separate complaints against each of the accused-respondent, in the Court of Chief Judicial Magistrate, Mandi, under Section 21(2) of the Mines & Mineral (Regulation & Development) Act, 1957. The trial Court issued the summons, which were not served but the bailable warrants were served for their presence on 21.12.2002. The accused-respondents did not put in appearance on 21.12.2002. However, the trial Court passed the following order in all the compla...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Mar-27-2008
Reported in : 2008(2)ShimLC229
Surinder Singh, J.1. The respondents were put on trial and acquitted of the offences under Sections 323, 365 and 302 read with Section 34 of the Indian Penal Code for allegedly abducting Atul Puri, causing simple injuries to Ravi Kumar and Yog Raj Gupta and causing the death of Rajneesh Singh.2. In brief, the prosecution story, as emerges from the prosecution witnesses can be stated thus: Harvinder Singh was the driver and Suraj Singh respondent was conductor of bus No. HIE-1387 of H.R.T.C. Kullu depot running between Jammu and Manali. S/Shri Ravi Dogra (PW3), Yog Raj, Vikas Kalia, Jagat Ram, Balram Kumar (PW2), Nand Chand, Atul Puri and Rajneesh (deceased) were B.Sc. students of the Agriculture University Palampur and they used to stay in the campus hostel. On 14.11.1991, after watching the movie, in the evening, they went to a shop where the cricket match between India and Australia was being telecast. It ended around 11 p.m. All the above named students waited for the bus, to take a...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Oct-31-2008
Reported in : 2009(1)ShimLC265
Dev Darshan Sud, J.1. This revision has been preferred by the Judgment Debtors against the order dated 7.5.2008 passed by the learned executing Court in an application under Section 151 read with Section 152 of the Code of Civil Procedure having been filed in the review petition preferred by the petitioner herein.2. The application under Sections 151 and 152 of the Code of Civil Procedure was moved by the Judgment Debtors Arvind Kohli and Amit Kohli (petitioners herein) praying that correction be made in the judgment and decree passed in favour of the Decree Holder. The learned Court holds that not only is the application vague, but the application for amendment of the decree does not show as to what the applicants-Judgment Debtors want. The first two paragraphs of the judgment hold:This order disposes of an application under Sections 151, 152 C.P.C. The pleadings as contained in paras 1 to 5 and also in the prayer clause are vague. The prayer clause is reproduced below:It is, therefor...
Tag this Judgment!Court : Himachal Pradesh
Decided on : May-06-2008
Reported in : 2008(2)ShimLC290
Dev Darshan Sud, J.1. This is the landlord's revision against the judgment of the learned Appellate Authority rejecting the appeal of the petitioner-landlady seeking eviction of the respondent-tenant from the demised premises.2. The petitioner instituted eviction proceedings against the respondent on the allegation that the premises were required bona fide for use and occupation by her and her family consisting of her son, daughter-in-law, and two minor grand-children. It was pleaded that she was owner of the suit premises known as Kuldip Niwas, Chhota Shimla. The respondent was in occupation of one room, one kitchen-cum-bath room in the ground floor of the building. In her sworn testimony as PW-1, she proved that her family consisted of herself, her son who was serving in the Indian Army, his wife and two minor children studying in school at Shimla. PW-2 Smt. Vinay Sharma, daughter-in-law of the landlady corroborated the case of the petitioner on all material particulars. She testifie...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Apr-23-2008
Reported in : 2008(3)ShimLC91
Surjit Singh, J.1. The case has a chequered history. Respondent Bhupesh Kumar was challaned, under Sections 302 and 307 Indian Penal Code, for allegedly murdering Poonam Sharma and making an attempt on the lives of two other persons named Vivek and Raj Kumar.2. It appears that when the case was filed in the Magisterial Court, a question was raised that the respondent was not capable of defending himself owing to un-soundness of mind. The Magistrate, without making inquiry into the question in accordance with the provision of Section 328 of the Code of Criminal Procedure, committed the case to the Sessions Court. The Sessions Court charged the accused-respondent with the aforesaid offences and examined the witnesses produced by the prosecution. When the respondent was sought to be examined under Section 313 of the Code of Criminal Procedure, he gave answers (to the questions put by the Court) which were irrelevant. The Sessions Court then made an observation that the respondent appeared...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jan-01-2008
Reported in : AIR2008HP78,II(2008)DMC315,2008(1)ShimLC399
Dev Darshan Sud, J.1. This is the husband' s appeal against the judgment and decree of the learned District Judge, dismissing the petition instituted by the husband against the wife on the ground of divorce under Section 13(1)(a) and (b) of the Hindu Marriage Act, 1955, (hereinafter referred to as the 'Act').2. The parties were married on 1st March, 1979 at Pathankot. A male child was born to them on 27.2.1982. The appellant alleges that they lived together for 14 years and the respondent has withdrawn from the company of the appellant without any lawful excuse. She used to quarrel constantly and has not joined his company on the pretext that the appellant is having illicit sexual relations with his sister-in-law (Bhabhi) Smt. Sushma, which allegations have not been substantiated by her. His further allegation is that in 1981 when he was employed and posted at Indora the respondent used to visit his office and the residences of his superior officers using abusive language against him, ...
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