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Mar 25 2013 (HC)

Abhilasha Mudhar Vs. Sh. Surinder Mudhar

Court : Himachal Pradesh

Sanjay Karol, J. (Oral) This is the plaintiffs suit for a decree for grant of maintenance @ `35,000/- per month w.e.f. 8th July, 2004, the date on which the suit was filed. 2. The defendant is ex-parte. The plaintiff, being an indigent person, stands permitted to institute the suit as such. 3. As per the averments made in the plaint, plaintiff (Smt. Abhilasha Mudhar), was married to defendant (Shri Surinder Mudhar), on 17.1.2001. The marriage was registered under the Hindu Marriage Act on 18.1.2001 before the Divisional Whether reports of Local Papers may be allowed to see the judgment? Magistrate -cum- Marriage Officer, Shimla. The defendant, who was working as a Pilot in Air Canada, at the time of marriage was earning Rs.8,000/- Dollars per month. He owned agricultural land at Jalandhar, Punjab (India) as also two residential houses and land in Surrey, British Columbia, Canada. Sometime after the marriage, which was duly solemnized by the parties, defendant left for Canada by making ...

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Mar 15 2013 (HC)

Jai Nand Sharma Vs. H.P.S.E.B. Ltd. Through Its Chief Executive Office ...

Court : Himachal Pradesh

Rajiv Sharma, J. 1. Petitioner was appointed Junior Engineer in the respondent-Board on 16.7.1984. He was promoted to the post of Additional Assistant Engineer after completion of eight years service. He was further promoted to the post of Assistant Engineer in the month of September, 2003 and Senior Executive Engineer in the month of September, 2008. He retired on 31.1.2009. Deputy Secretary (GE) sent a communication to the Chief Accounts Officer on 26.2.2009 requesting him to withhold an amount of Rs. 10,34,746/- from the retiral benefits of the petitioner until and unless the clearance of MAS/completion reports and regularization of excess over sanctioned estimates of the works executed by the petitioner. The Accounts Officer (Pension) also sent a communication to the Accounts Officer (P.G.) vide Annexure P-2 on 21.9.2011, according to which a sum of Rs. 10,34,746/- was recoverable from the petitioner, which was required to be adjusted accordingly from other dues payable to the peti...

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Mar 13 2013 (HC)

State of Himachal Pradesh Through the Chief Secretary and Another Vs. ...

Court : Himachal Pradesh

Oral: Surinder Singh, J. Considered. C.M.P.(M) No.1637 of 2012. 2. There is delay of 149 days in filing the present appeal. The contention raised in the application, which is duly supported by the affidavit, prima-facie constitutes sufficient cause to condone the delay, as such application is allowed. Delay in filing the appeal is hereby condoned. Application stands disposed of. L.P.A. No.454 of 2012. 3. Heard. 4. The State feels aggrieved by the judgment of the learned Single Judge passed in CWP (T) No.2/2011 decided on 19.3.2012, whereby the petition filed by the respondent was allowed whereby he was deemed to have been appointed on regular basis from the initial date of his appointment, i.e. 6.8.1992 as Law Officer in the office of the Advocate General with all consequential benefits, as per concluding para of the impugned judgment. 5. Feeling aggrieved, the State preferred the instant appeal, on the ground that the respondent was not fulfilling condition No.2 of the Regularization ...

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Mar 13 2013 (HC)

Royal Grand Mother Dechen Cheling Palace Vs. State of H.P. Through Sec ...

Court : Himachal Pradesh

This writ petition is preferred to quash and set aside the orders Annexures P-5, 11 and 15 declining the release of vehicles to the petitioner being allegedly involved in a criminal case. 2. The learned Advocate General has stated at bar that a communication was received by the Director General of Police from Director Royal Government of Bhutan, Ministry of Information and Communication dated 5th August, 2011 (Annexure P-6), in reference to letter dated 11.8.2011 regarding the information sought with respect to impounding of vehicles registered in Bhutan whereby, it is informed that as per record vehicle BHT-27 Land Rover is a scrap vehicle and as per the current status of the vehicle registration number stands cancelled and owner thereof has been informed accordingly. Further, according to them the owner of the said vehicle had preserved the vehicle as a royal gift. It is further clear from the letter that BHT-27 Land Cruiser Model 2009 was registered in place of BHT-27 (Land Rover), ...

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Mar 01 2013 (HC)

Shiksha (Minor) Through Her Mother and Natural Guardian Mamta Vs. Stat ...

Court : Himachal Pradesh

Surinder Singh, J (Oral) By means of the present petition under Article 226 of the Constitution of India, the minor petitioner (9 years) through her mother seeks a writ of mandamus directing the 1st respondent to entrust the investigation of FIR No. 40 of 2010 under Section 376 Indian Penal Code registered in police Station Jawalamukhi to C.B.I. to conduct investigation afresh and arrest 9th respondent Nitin Kumar and conduct his DNA test. 2. Precisely, facts giving rise to the present petition are that the prosecutrix alleged rape by some un-known persons on 1.3.2010 and her allegations were recorded in terms of FIR No. 40 of 2010 registered in police station Jawalamukhi. She was taken from one place to another for medical examination for want of a lady doctor. Ultimately after her medical examination she was admitted in the hospital for the treatment of injury on her person. On 2.3.2010 9th respondent was brought by the respondent before her for identification but she could not ident...

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Mar 01 2013 (HC)

Schhida Nand and Another Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Dev Darshan Sud, J (Oral) 1. The appellants challenge their conviction under Section 20 of the Narcotic Drugs and Psychotropic Substances Act 1985 (hereinafter referred to as NDPS Act). They have been sentenced to undergo rigorous imprisonment of one year and fine of Rs.1,000/- each for possession of charas weighing 350 grams from first appellant-Sachhida Nand and 250 grams from second appellant-Meera Sharma. 2. The prosecution case in brief is that on 28.3.2009 PW9 ASI Sh. Prem Chand along with PW1 H.C. Sh. Shashi Kumar, PW8 L.C. Sh. Meena and some other police officials were on patrolling duty at Fagu. At around 5.40 P.M., they were checking vehicles at random. One Mahindra Pick-up No HP 63-0490 was coming from Cheog proceeding towards Fagu. On seeing the police party, the occupants of the vehicle tried to run away but were intercepted by PW9 ASI Sh. Prem Chand. Accused Sachhida Nand was driving while accused Meera Sharma was seated. The police suspected that accused were in possessi...

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Feb 25 2013 (HC)

Hardev Singh and Another Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Surinder Singh, J. (Oral) Heard and gone through the record. 2. The appellants were convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short the Act, for allegedly transporting 1500 grams of poppy husk in Maruti Car No. PB-11 H-0427 and each of them was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.10,000/- each and in case of default of payment of fine, they were sentenced to further undergo imprisonment for one month. 2. The appeal was admitted for hearing on 10.1.2007. The sentence imposed on the appellants, hereinafter referred to as the accused, was suspended vide order dated 2.2.2007. 3. In short, the prosecution story can be stated thus. In the year 2002, PW-1 Head Constable Ghanshyam was posted in Police Station, Sarkaghat. On 5.7.2002 at Kainchi Mod (Bhambla) at about 2.30 p.m., the above stated white coloured maruti car came from Mandi side. It was signaled to spot, but howeve...

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Jan 11 2013 (HC)

Suboth Sharoti Vs. State of H.P. Through Principal Secretary (Transpor ...

Court : Himachal Pradesh

Rajiv Sharma, J. 1. Petitioner is a proprietor of National Bus Service. He has been granted stage carriage permit for the route commencing from Nagrota via Kangra-Jassur-Chaki and back to Palampur, thereafter via Nagri and halt at Nagrota Bagwan. Respondent No.4 was also issued stage carriage permit bearing route permit No. 154/R/Stg/06. The stage carriage permit issued to respondent No.4 initially was through Pathankot to Kahanphatt via Nagrota Bagwan. The total kilometers which were covered under the stage carriage route permit issued to respondent No.4 were 234, out of which 200 KMs were for National Highway and 34 KMs were for rural roads. Respondent No.4 submitted an application for modification of his route permit from Pathankot to Palampur via Kangra-Nagrota Bagwan and Parour. The request of respondent No.4 was allowed and he was allowed to ply his bus from Pathankot-Palampur via Kangra-Nagrota-Parour by the Regional Transport Authority, Dharamshala in its meeting held on 1/2.11...

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Jan 11 2013 (HC)

State of H.P Vs. Des Raj

Court : Himachal Pradesh

Deepak Gupta, J 1. An interesting question which arises in this appeal is- What is opium poppy, opium derivative, poppy straw and opium within the meaning of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act). 2. To understand the issues raised before us and the rival contentions of the parities, it would be pertinent to refer to the definition of the opium, opium derivative, opium poppy, poppy straw and poppy straw concentrate in Sections 2(xv), 2(xvi), 2(xvii), 2(xviii) and 2(xix) of the Act, which reads as follows:- 2(xv) opium means- (a) the coagulated juice of the opium poppy; and (b) any mixture, with or without any neutral material, of the coagulated juice of the opium poppy but does not include any preparation containing not more than 0.2 per cent of morphine: 2(xvi) opium derivative means- (a) medicinal opium, that is, opium which has undergone the process necessary to adapt it for medicinal use in accordance with the requirements of the ...

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Jan 10 2013 (HC)

Sh. Garib Dass Vs. Sh. Biju and Others

Court : Himachal Pradesh

Kuldip Singh, J. (Oral) This petition is directed against judgement dated 5.6.2012 passed by learned District Judge, Kinnaur Civil Division, at Rampur Bushahr in Civil Misc. Application No. 1 of 2012 affirming the order dated 14.3.2012 passed by learned Civil Judge (Junior Division) Rampur Bushahr in case No. 62-1 of 2011 in CMP No. 48-6 of 2012. 2. The facts in brief are that petitioner has filed a suit for declaration and injunction against the respondents and others that he and his two brothers had inherited the landed property from their father Azeem Ulla, who constituted Hindu Joint Family. In April 1969 the petitioner and his two brothers entered into a family settlement and in such family settlement land comprised in specific khasra numbers had been allotted to each brother according to their convenience. After the settlement, the area so allotted in family settlement had been coming in their possession since then. The petitioner has developed the share, which came to him in fam...

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