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Aug 24 2012 (HC)

Sanjay Hindwan Vs. State Information Commission Through the Registrar, ...

Court : Himachal Pradesh

Deepak Gupta, J. Oral: 1. The short question involved in this petition is whether the Central Information Commission or the State Information Commission, as the case may be, has any power to impose penalty other than that prescribed in Section 20 of the Right to Information Act, 2005. 2. To appreciate the rival contention of the parties, it would be appropriate to refer to Section 20(1) of the Act, which reads as follows:- 20.Penalties (1) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under subsection(1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading infor...

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Aug 24 2012 (HC)

Nexus Health and Beauty Care Private Limited Vs. M/S National Electric ...

Court : Himachal Pradesh

Kuldip Singh, J. This petition under Section 482 Cr.P.C. has been filed for quashing complaint No. RBT 47/3 of 2009/08 and order dated 17.3.2009 passed by Judicial Magistrate, Nalagarh taking cognizance of the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short Act). 2. The facts pleaded in the complaint are that the petitioners had issued a cheque dated 10.6.2008 for Rs. 2,00,000/- drawn on State Bank of Patiala, Parwanoo, Barotiwala Branch in favour of respondent for installing electricity fittings. The cheque on presentation to the bank was dishonoured with the remarks payment stopped by the drawer vide memo dated 14.7.2008. 3. The respondent contacted the petitioners, the petitioners assured the respondent that the cheque will be encashed and asked the respondent to present the cheque again. The respondent again presented the cheque but the cheque was dishonoured with remarks payment stopped by the drawer vide memo dated 23.8.2008. The respondent again cont...

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Aug 22 2012 (HC)

Padam Singh Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Surinder Singh, J. Oral: 1. The appellant to be referred as the accused felt aggrieved by the judgment of his conviction and sentence passed by the learned Additional Sessions Judge, in Sessions trial No. 13 of 2011 decided on 20.12.2011 for the offence punishable under Section 376 Indian Penal Code, for allegedly committing rape on a woman aged about 45 years who was mentally retarded, whereby he has been sentenced to undergo imprisonment for a period 7 years and to pay a fine of Rs.20,000/- with the default clause. The benefit under Section 428 of the Code of Criminal Procedure was also accorded to the accused. 2. Succinctly stated, the facts giving rise to the present appeal are that the husband of the prosecutrix had died about one and a half years ago from the date of the alleged incident. She is mentally retarded and living with her married daughter PW1 Smt. Godavari, who used to look after her. On 10.11.2010 at about 5 p.m. Smt. Godavari aforesaid had gone to cut the grass with ...

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Aug 16 2012 (HC)

Sandeep Chauhan and Others Vs. Hpseb Ltd. Through Its Director Personn ...

Court : Himachal Pradesh

Sanjay Karol, J. Oral: 1. With respect to similarly situated petitioners, a Co-ordinate Bench of this Court vide judgment dated 13th May, 2011, in CWP(T) No.12055 of 2008, titled as Shyama Devi versus Himachal Pradesh State Electricity Board and another (Annexure P-1), observed as under: Petitioners father died in harness on 13.6.2003. Petitioner submitted an application seeking appointment on compassionate basis after the death of her father. Petitioner was called upon to supply the certificate of non-employment and income certificate before 28.7.2004. She submitted the same to the competent authority. However, as per supplementary affidavit filed by the respondent-Board, the petitioner has been appointed as Clerk on daily rated basis on 2.2.2006 and she has joined her duties on 14.2.2006. 2. Ms. Archana Dutt, learned counsel for the petitioner has strenuously argued that the petitioner being a graduate should have been offered the post of Clerk on regular basis instead of daily rated...

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Aug 14 2012 (HC)

Ramesh Chand Prasher Vs. State of Himachal Pradesh Through Secretary ( ...

Court : Himachal Pradesh

Rajiv Sharma, J. Material facts necessary for the adjudication of this petition are that respondent-State invited Expression of Interest for private sector participation in Cafs in Himachal Pradesh, including Aabshar at Solan on outright sale basis. Last date of submission of offers was 29.11.2008 upto 4.00 P.M. Petitioner submitted bid on 27.11.2008. Bids were opened on 27.12.2008. Respondent No.3 has been issued letter of intent on 2.3.2010 and the sale deed was executed between respondent-State and respondent No.3 on 31.3.2010. 2. Mr. Bimal Gupta has strenuously argued that respondent No.3 was not at all eligible as per the mandatory conditions prescribed vide Annexure P-1. According to him, respondent No.3 had not submitted annual turnover and net worth for the last three years which was required to be duly audited and income tax return of last three financial years supporting the information. He then argued that respondent No.3 belongs to B.P.L. family. He also contended that one ...

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Aug 14 2012 (HC)

Shishi Ram Vs. Megh Chand and Others

Court : Himachal Pradesh

Oral: Surinder Singh, J. 1. The present Regular Second Appeal has been filed by the defendant having felt aggrieved and dissatisfied by the judgment of reversal by the first appellate Court, which was admitted for hearing on the following substantial questions of law:- 1. Whether the judgment and decree passed by the learned Appellate Court is the result of misreading, misinterpretation as well as mis-appreciation of the evidence led by the parties especially in view of the admission of the plaintiff and his witness Rajinder PW-2 who have admitted that the defendant No.1 is in settled possession of the suit land? 2. Whether the learned Lower Appellate Court is right in allowing the appeal when the learned Trial Court had dismissed the suit for non-joinder of necessary party, in view of the judgment passed by this Honble Court reported in AIR 1981, HP-20? 2. In brief the facts giving rise to the present appeal can be stated thus. Respondent Megh Chand, hereinafter to be referred as the ...

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Jul 30 2012 (HC)

Nirmala Devi Vs. State of H.P. Through the Secretary (Health) to the G ...

Court : Himachal Pradesh

Rajiv Sharma, J. 1. Petitioner joined her duties at Sain Alathu (Kotli, Mandi) on 27.11.2009 as Female Health Worker. She has been transferred from Sain Alathu (Kotli, Mandi) to Gangoti (Lad Bhadol), District Mandi vide office order dated 11.5.2012. 2. According to Mr. Ajay Kumar Dhiman, petitioner has not completed her normal tenure at Sain Alathu. He has also argued that petitioners husband is serving in Indian Army and as per the transfer policy; petitioner was required to be posted at the place of her convenience. 3. Mr. Vivek Thakur, learned Additional Advocate General has supported the office order dated 11.5.2012. 4. We have heard the learned counsel for the parties and have gone through the pleadings meticulously. 5. Petitioner has served with effect from 24.10.2002 to 9.2.2006 at Balt (Ratti, Mandi) and thereafter she has served at Upper Bhambla (Baldwara, Mandi) with effect from 27.5.2006 to 26.11.2009. The distance between Balt (Ratti, Mandi) and Upper Bhambla (Baldwara, Man...

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Jul 27 2012 (HC)

Sh. Santa Singh Vs. Kanwar Charanjit Singh

Court : Himachal Pradesh

1. This petition under Section 482 of the Code of Criminal Procedure (for short Code) has been filed for setting aside, quashing summoning order dated 31.05.2011 passed by learned Judicial Magistrate Ist Class, Court No.1, Amb, in Criminal Complaint No. 84-1/2009 and also for quashing Criminal Complaint No.84-1/2009. 2. It has been stated in the petition that petitioner is devotee and managing affairs of Gurdwara Manji Sahib, Mairi, as President. There is another Gurdwara Dera Baba Barbhag Singh Ji controlled and managed by respondent adjacent to Gurdwara Manji Sahib, Mairi. 3. On Khasra No.3417 measuring 0-00-20 hectares at Mairi, in fact, there is a gairmumkin sarak on the spot, but in the revenue record entry has been wrongly recorded as gairmumkin abadi of Dera Baba Barbhag Singh Ji. The entry is wrong and factually incorrect. 4. The petitioner as President of Gurdwara Manji Sahib being most affected with the revenue entry on Khasra No.3417, filed an application before the Assistan...

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Jul 24 2012 (HC)

Rajender Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Surinder Singh, J. 1. The appellant was charge sheeted, tried and convicted for the offence punishable under Sections 376 and Section 452 Indian Penal Code as such 1 whether the reporters of Local Papers may be allowed to see the judgment? Sentenced to under rigorous imprisonment for a period of 5 years and to pay a fine of Rs.1000/- under Section 376 Indian Penal Code and six months for the offence punishable under Section 452 Indian Penal Code by the learned trial Court. Both the sentences were ordered to run concurrently. In default of payment of fine, the appellant, hereinafter referred to as the accused was further sentenced to undergo simple imprisonment for a period of one month by giving set-off of pre-trial and under trial period of detention under Section 428 of the Code of Criminal Procedure. 2. Feeling aggrieved, accused filed the present appeal. 3. Prosecution case, as emerges from the evidence on record can be stated thus. The prosecutrix (49) is a married woman having tw...

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Jul 24 2012 (HC)

Shyam Lal Vs. Narda Devi

Court : Himachal Pradesh

V.K. Ahuja, J. Oral: 1. This is a regular second appeal filed by the appellant/plaintiff under section 100 C.P.C against the judgment and decree, dated 1.7.2006, passed by the learned District Judge Solan, affirming the judgment and decree, dated 9.12.2005, of the learned Senior Sub Judge (Senior Division), Kandaghat, dismissing the suit of the plaintiff for permanent injunction as against the defendant. 2. Briefly stated, the facts of the case are that the appellant, hereinafter referred to as plaintiff, filed a suit for permanent injunction as against the respondent, hereinafter referred to as the defendant. It was alleged by the plaintiff that the land in suit, as described in the plaint, was owned and possessed by Smt.Krishani Devi. It was alleged that the plaintiff was nephew of Smt.Krishani Devi, who had executed a valid and registered Will, dated 5.9.1989, in favour of the plaintiff and the defendant in equal shares bequeathing her entire moveable and immoveable property in favo...

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