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Mar 01 2014 (HC)

State Bank of India Vs. the Central Information Commission and Another

Court : Himachal Pradesh

Sanjay Karol, J. 1. The issue, which arises for consideration in these petitions, is as to whether names of the Reporting, First and Second Review/Accepting Authority, authors of the Annual Confidential Reports (for short ACRs) of respondent Santosh Kumar Kaushal (hereinafter referred to as the applicant), can be disclosed to him under the provisions of the Right to Information Act, 2005, or not. 2. Applicant, who is presently posted as Manager (OSD) in the State Bank of India, The Mall, Shimla (hereinafter referred to as the Appropriate Authority), Whether reporters of the local papers may be allowed to see the judgment? sought following information vide application dated 17.8.2010 (Annexure P-1): œ(i) Whether cognizance was given to Self Appraisal submitted by the Reportee: Yes/No (ii) Name of Reporting Authority, Designation and Grade Scale: (iii) Name of Reviewing Authority/Accepting Authority, Designation and Grade Scale: (iv) Name of members of IInd Reviewing Authority/ Acc...

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Jan 11 2014 (HC)

Harinder Katoch Vs. Smily Sharma

Court : Himachal Pradesh

Rajiv Sharma, J. 1. This petition is directed against the order dated 14.6.2013 rendered by learned Additional Sessions Judge Chamba in Criminal Revision No.2/13, whereby he has upheld the order dated 29.10.2012 rendered by the learned Chief Judicial Magistrate, Chamba, in Case No.91-IV/11. 2. œKey facts? necessary for the adjudication of this petition are that the marriage between Harinder Katoch (hereinafter referred to as the œpetitioner for the sake of convenience) and Smily Sharma (hereinafter referred to as the œrespondent? for the sake of convenience) was solemnized on 6.5.2006 as per Hindu rites at Chamba. The petitioner treated the respondent nicely for about 2-3 months after the marriage. Thereafter, he developed habit of drinking and started maltreating and beating the respondent under the influence of liquor. The petitioner gave severe beatings to the respondent in the month of August, 2006. Her jaw was got fractured. She was got treated by her parents. Th...

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Jan 11 2014 (HC)

Shiv Kumar Vs. Sunita Devi and Another

Court : Himachal Pradesh

Rajiv Sharma, J. 1. This petition is directed against the order dated 21.6.2013 rendered by learned Additional Sessions Judge-1 Kangra at Dharamshala in Criminal Revision No.9-P/2012, whereby he has upheld the order dated 21.10.2011 rendered by the learned Chief Judicial Magistrate, Kangra at Dharamshala in Criminal Petition No.47-IV/2008. 2. œKey facts? necessary for the adjudication of this petition are that the marriage between Shiv Kumar (hereinafter referred to as the œpetitioner for the sake of convenience) and Sunita Devi (hereinafter referred to as œrespondent No.1? for the sake of convenience) was solemnized as per Hindu rites at Village Rasan, Tehsil Dharamshala, District Kangra. Out of the wedlock, respondent No.2 Kumari Ashima was born on 15.3.2008. According to respondent No.1, relations between the parties remained cordial for about 3-4 months after marriage. Even when she was pregnant, petitioner and his family members continued harassment and torment. ...

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Jan 10 2014 (HC)

New India Assurance Company Ltd. Vs. Mrs. Ritu Upadhaya and Others

Court : Himachal Pradesh

Mansoor Ahmad Mir, ACJ 1. Appellant/insurer has questioned the award dated 14.1.2011, passed by the Motor Accident Claims Tribunal, Fast Track Court, Chamba, District Chamba (HP) in claim petition No. 20 of 2009 titled Smt. Ritu Upadhaya and others versus New India Assurance Co. Ltd. and others by the medium of this appeal, for short œimpugned award?. Brief facts: 2. Rakesh Kumar Upadhyay deceased, who was an employee of the National Hydro Electric Power Corporation Ltd./respondent No. 5 herein died in a vehicular accident which has been caused by the driver of the vehicle No. PB06G-4190, while driving the offending vehicle rashly and negligently, on 3rd March, 2009 at about 3.30 p.m. at Kangora Morh, Chaned Tehsil and District Chamba, HP. The deceased was a Chartered Accountant being Assistant Manager (Finance) in National Hydro Electric Power Corporation Ltd./respondent No. 5 and was drawing salary to the tune of `37,746/- per month. 3. Respondents No. 1 to 3 filed the claim pe...

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Jan 10 2014 (HC)

Vishal Nanda Vs. State of Himachal Pradesh and Another

Court : Himachal Pradesh

Rajiv Sharma, J. 1. This petition under section 482 of the Code of Criminal Procedure has been filed for quashing FIR No. 297/2010 dated 18.12.2010 and also for quashing proceedings in case No. 186/2/11, titled State Vs. Jawahar Lal Nanda and others pending in the court of Judicial Magistrate 1st Class (Court No.1), Kasauli, District Solan. 2. œKey facts? necessary for the adjudication of this petition are that marriage between petitioner and respondent No.2 was solemnized according to Hindu rites and custom on 29.11.2002. Respondent No.2 initially resided with petitioner in the house of his father at Panchkula (Haryana). A son was born out of the wedlock. Relations between petitioner and respondent No.2 became strained after few years. Father of the petitioner Sh. Jawahar Lal Nanda told petitioner to make separate arrangement for himself and his wife, i.e. respondent No.2. Respondent No.2 filed an FIR No.297/2010 dated 18.12.2010 under section 498-A, 506 read with section 34 of ...

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Oct 19 2013 (HC)

Maharaja Lakshman Sen Memorial College and Others Vs. State of H.P. an ...

Court : Himachal Pradesh

A.M. Khanwilkar, C.J. All these six petitions can be disposed of together by this common judgment as the issues and reliefs are overlapping. 2. The petitioners have essentially challenged the Himachal Pradesh Grant-in-aid to non-Government Colleges Rules, 2008 (in short called the Rules of 2008) and the amendment to Rule 4 thereof, vide Notification dated 6.10.2009 titled as Himachal Pradesh Grant-in-aid to non-Government Colleges (2nd Amendment) Rules, 2009 (in short called the Rules of 2009), in particular to the extent the grant-in-aid has been restricted to teaching and non-teaching staff for whom the grant-in-aid was being provided prior to coming into force of the Rules of 2008 and without providing any grant-in-aid towards the enactments and other benefits and also to the post upon superannuation of the staff. The petitioners instead are seeking directions against the respondents to continue to pay 95% grant-in-aid to the petitioner-Colleges as was paid under Himachal Pradesh no...

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Jun 17 2013 (HC)

State of Himachal Pradesh and Another Vs. Hardyal Singh and Others

Court : Himachal Pradesh

Rajiv Sharma, J. 1. Since common questions of law and facts are involved in all the writ petitions, these were taken up together for hearing and are being disposed of by this common judgment. However, in order to maintain clarity, the facts of C.W.P No. 6591 of 2012 have been taken into consideration. CWP No. 6591 of 2012 2. State has challenged the awards made by the learned Industrial Tribunal-Cum-Labour Court, Shimla, H.P., in Reference No. 80 of 2010, dated 25.02.2010, in Reference No. 63 of 2009, dated 25.02.2012, in Reference No. 65 of 2009, dated 25.02.2012, in Reference No. 67 of 2009, dated 25.02.2012, in Reference No. 64 of 2009, dated 25.02.2012 and in Reference No. 62 of 2009, dated 25.02.2012. 3. Key facts necessary for adjudication of these petitions are that in Reference No. 80 of 2010, the workman was engaged in the month of April, 1996 and was retrenched on 29.06.2000. He has worked for 220 days, 172 days, 77 days, 193 days and 110 days in the years 1996, 1997, 1998, 1...

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Jun 11 2013 (HC)

M/S. Satya and Company and Others Vs. Indian Oil Corporation Limited a ...

Court : Himachal Pradesh

1. Heard counsel for the parties. 2. It appears that an advertisement was issued on 07.10.2011 for Non Domestic and Non Exempted (in short NDNE) LPG Retailership in District Una. The application forms for retailership could have been obtained either from the Indian Oil area office, mentioned in the advertisement or the application format could also be downloaded from the website indicated in Clause-9 of the guidelines. It also appears that in para-11 (Annexure-10), it has specifically been provided that the land should be suitable, in contiguous plot, freely accessible through all weather motor-able road and the plot should be free from overhead power Whether the reporters of the local papers maybe allowed to see the judgment? transmission lines, Pipelines / Canals / Drainage / Nullahs / Public Roads should not pass through the plot. It has also been indicated in para-11(c) (Annexure P-10) at the bottom note that on verification if it is found that the information given is incorrect/fa...

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May 31 2013 (HC)

State of H.P. Vs. Surinder Pal Singh and Another

Court : Himachal Pradesh

Dev Darshan Sud, J. The appellants challenge the judgment passed by the learned Additional Sessions Judge, Fast Track Court, Shimla acquitting the accused of offences under Section 304-A I.P.C. Two appeals arise out of the same judgment, viz. Cr. Appeal No. 170 of 2005 titled State of H.P. and Surinder Pal Singh and Cr. Appeal No. 97 of 2005 titled State of H.P. Vs. K. Shanmugham and are being disposed of by this common judgment. 2. According to the prosecution, on 28.5.1995, 77 students (59 boys and 18 girls) and staff members of Dalhousie Public School, Badhani (Pathankot) (hereinafter DPS for short) went for a picnic on 28.5.1995 on the banks of river Beas at Tanda Patan, Indora. Both the accused according to the prosecution had been deputed by the head master to look after and ensure the safety of the students studying in 5th and 6th classes. 3. During lunch break, the accused entered the river and inspected the water level to ascertain whether it was safe for children. A zone was ...

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May 16 2013 (HC)

State of Himachal Pradesh Vs. Nawab Khan and Another

Court : Himachal Pradesh

Rajiv Sharma, J. This appeal is directed against the judgment of the learned Chief Judicial Magistrate, Sirmaur District at Nahan in criminal case No. 20/2 of 2002/03 dated 14.9.2005, whereby the accused, who were charged with and tried for offences punishable under sections 420 and 120-B of the Indian Penal Code, have been acquitted. 2. Case of the prosecution, in a nutshell, is that a written complaint was given by Abdul Latif to the Superintendent of Police, Sirmaur District at Nahan on 16.2.2002 to the effect that some of the Mohammedans of Nahan town decided to pay visit to Huz Mukka. They contacted the travel agent, accused Nawab Khan. It was decided that a sum of Rs. 59,000/- was to be paid by each Haji to the accused Nawab Khan. Thereafter, accused Nawab Khan was required to prepare the passport etc. of each Haji, traveling expenses from Delhi to Jadda and return, visa, staying and food arrangements etc. during the Haj period. On 9.2.2002, accused Nawab Khan sent bus from Patia...

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