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Jan 10 2013 (HC)

Dharam Prakash and Another Vs. State of H.P. Through Secretary Educati ...

Court : Himachal Pradesh

Dharam Chand Chaudhary, J. 1. This common judgment shall dispose of the present writ petition and also CWP No.2255/2012 as common issues have been brought to this Court therein for adjudication. 2. The complaint is that the petitioners though are duly eligible in accordance with the Recruit and Promotion Rules for appointment to the post of Acharya (Sanskrit College Cadre), however, their candidature has been rejected by the 2nd respondent erroneously and arbitrarily. 3. In this petition a prayer has been made to quash communication dated 6.3.2012 Annexure P-6, whereby the candidature of the petitioner has been rejected for the reasons that he has not qualified NET/SET in Sanskrit Traditional Subjects, with a direction to the 2nd respondent to conduct his interview. IN CWP No.2255/2012 a direction has been sought to be issued to the 2nd respondent to conduct viva-voce of the petitioner pursuant to the call letter dated 20.3.2012, Annexure P-5, issued in his favour. 4. The facts not in ...

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Jan 10 2013 (HC)

Parkash Chand Son of Shri Kirpa Ram Vs. Satish Sarotri Son of Late Pre ...

Court : Himachal Pradesh

Sanjay Karol, J. This is the complainants appeal filed under Section 378 of the Criminal Procedure Code, 1973, assailing the judgment dated 12.7.2004 passed by the learned Chief Judicial Magistrate, Kangra at Dharamshala in Cr.R.B.T. Case No. 51-II/04/02, titled as Parkash Chand versus Satish Sarotri and another. In terms of the said judgment, both the accused, the respondents herein stands acquitted. 2. On 13.6.2002 the present appellant Sh. Parkash Chand filed a private complaint before the Chief Judicial Magistrate, Kangra, Dharamshala against the private respondents. Allegedly Sh. Satish Salotra (accused No.1) persuaded the complainant and managed to get power of attorney executed in his favour. In terms thereof land owned by the complainant situated in village Sidhpur, Tehsil Dharamshala, District Kangra, H.P. could be sold. The complainant executed power of attorney (Ext. CW-1/A) with respect to khasra numbers 963, 964, 971, 981, 982, 984, 985, 986, 992 and 959. Even though sale ...

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Jan 10 2013 (HC)

Ramesh Kumar, District Sirmaur, H.P. Vs. Food Corporation of India, Re ...

Court : Himachal Pradesh

R.B. Misra, J. 1. In the present writ petition, petitioner has prayed to quash his transfer order dated 18.8.2012 (Annexure P-2) from the office of Food Supplies Department (FSD), Nahan under the Food Corporation of India to the office of Manager (Depot), FSD, Gujjar-Ka-Talab , Nurpur, District Kangra with a further prayer that the petitioner may be allowed to continue at Nahan till the age of his superannuation. 2. The petitioner was initially appointed on 14.4.1978 as Shifter / Watchman and was promoted in the year 2008 as Dusting Operator as a Class-IV employee. According to the petitioner, he is suffering from multiple diseases, including heart disease, diabetes and neurology ical problem and many of the problems have arisen because of his present transfer in question. Despite his representations date d 21.8.2012 followed by another representation dated 3.9.2012 a ddressed to General Manager, Food Corporation of India, the impugned transfer order has not been modified. The petition...

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Jan 09 2013 (HC)

Sanjiv Kumar Beldar Office of Assistant Engineer Vs. Himachal Pradesh ...

Court : Himachal Pradesh

Deepak Gupta, J. 1. The petitioner had originally filed Original Application No.2805 of 1999 before the H.P. Whether reporters of the local papers may be allowed to see the judgment? Yes State Administrative Tribunal, Shimla challenging the order dated 27.9.1999 whereby his services were terminated. Since the Tribunal stands abolished vide notification issued by the Central Government the case was transferred to this Court in terms of the Himachal Pradesh Administrative Tribunal (Transfer of Decided and Pending Cases and Applications) Act, 2008, the matter has been taken up by this Court and now registered as CWP(T) No.6137 of 2008. 2. Briefly stated, the facts of the case are that respondent No.3, Resident Engineer, Bassi Power House Division, HPSEB, Jogindernagar conducted interviews for filling up the posts of Beldars on 27.10.1986. The petitioner alongwith other candidates appeared in the interview. The petitioner was selected and duly appointed. 3. Three years after the appointmen...

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Jan 09 2013 (HC)

Rakesh Vs. Mrs. Poonam

Court : Himachal Pradesh

Kuldip Singh, J. 1. This petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure has been filed against the order dated 17.8.2011 passed by learned Additional Sessions Judge, Fast Track Court, Kullu, in Criminal Revision No. 10 of 2011 affirming order dated 29.3.2011 passed by learned Chief Judicial Magistrate, Kullu in Cr. M.A. No. 420-iv/2008. 2. The facts, in brief, are that the respondent had filed an application under Section 125 Cr.P.C. for grant of maintenance Rs.5,000/- per month against the petitioner on the ground that she is legally wedded wife of petitioner and their marriage was solemnized on 7.2.2008. The petitioner earlier was married with one Sharda and from that wedlock the petitioner has two sons. Sharda died in January, 2008. The petitioner solemnized marriage with the respondent in February, 2008. The respondent had conceived from the petitioner. 3. The parents of the petitioner levelled false allegations of th...

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Jan 09 2013 (HC)

President Shastra Society for Health and Social Transformation Vs. Mrs ...

Court : Himachal Pradesh

V.K. Sharma, J. Oral: 1. Heard. 2. With the consent of the learned counsel for the parties these petitions, being connected matters, are taken up for final disposal by a common order. 3. There is no denying the fact that the respondent herein, in CMPMO Nos.189 and 218 of 2012, Smt. Kimtu Devi, is owner of the land in question, which was leased by her to the petitioner in those petitions, President Shastra Society for Health and Local Transformation, Rehabilitation. However, unfortunately, later on disputes arose between the parties, leading to litigation in the nature of a suit for possession and recovery of lease money amounting to Rs.3,25,000/- (three lac twenty five thousand), which is pending trial in the learned Court below. The suit, which was at the stage of defence evidence, is now fixed for final arguments, pursuant to failure on the part of the petitioner to lead evidence in defence despite as many as three opportunities having been granted. The order dated 4.6.2012, closing ...

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Jan 09 2013 (HC)

Smt. Bimla Devi and Others Vs. Sh. Rajesh Kumar and Others

Court : Himachal Pradesh

V.K. Sharma, J. (Oral). Heard. 2. This regular second appeal arises out of concurrent findings of fact returned against the appellants herein by both the learned Courts below, in a suit for grant of a decree of declaration with consequential relief of prohibitory injunction, claiming acquisition of title to the suit land by adverse possession. 3. The appeal is sought to be admitted on the following substantial questions of law:- 1. When the defendant who was not owner but being in possession received the price and delivered the possession, vide a registered sale deed dated 4.1.1962, but thereafter he got the ownership by way of inheritance, whether the defendant is not bound by the sale deed? 2. When the possession of the land in dispute was delivered to the plaintiffs by written sale deed, whether the plaintiff can be dispossessed except in accordance with law? 3. Whether the learned Courts below have failed to appreciate the evidence which goes to the root of the case? 4. Admittedly,...

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Jan 08 2013 (HC)

State of Himachal Pradesh Vs. Vajinder Pal

Court : Himachal Pradesh

Oral: Deepak Gupta, J. 1. This appeal by the State is directed against the judgment dated 31.5.2007 in Sessions Case No. 5 of 2005 delivered by the learned Sessions Judge, Una, whereby he acquitted the accused of having committed an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the NDPS Act). 2. Briefly stated the prosecution case is that on 12.4.2004, around 4.30 p.m. when constable Ranjit Singh was present at a bridge known as Swan Pul in Santokhgarh village, he received secret information that accused was engaged in the sale of poppy husk. He was also informed that in case the accused is apprehended near Holli Pul in Santokhgarh village, huge quantity of contraband could be recovered. Constable Ranjit Singh came across a police party headed by ASI Darshan Singh and informed him about the secret information received by him. The statement of Ranjit Singh was recorded under Section 154 Cr.P.C. and sent the same for...

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Jan 08 2013 (HC)

Ranjna Kumari, Hamirpur District Vs. Union of India Through Ministry o ...

Court : Himachal Pradesh

Rajiv Sharma, J. Oral: 1. Petitioner lost her father, who was working as Subedar in the Indian Army on 1.7.2003. She lost her brother in the year 2007. Petitioners mother made a representation for the engagement of the petitioner on compassionate basis. Petitioner was offered appointment letter on 20.8.2010 as Sales Woman at Trishul Canteen Barsar. She discharged her duties upto 31.3.2012 on the basis of agreement entered into between the parties. However, fact of the matter is that petitioner has not been offered appointment after 31.3.2012 only on the ground that she has married on 7.7.2011 and her mother is no more dependant on her. Petitioner has also given instances of one Sh. B.D. Sharma and Sh. Rajesh, who have continued in the same and similar circumstances. 2. Mr. Y.P.S. Dhaulta has vehemently argued that the post of Sales Man is required to be filled up by Ex-servicemen and since the petitioner has married, her appointment could not be continued. 3. According to para 33 of An...

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Jan 08 2013 (HC)

Gulaba Ram Vs. State of Hp Through Secretary (Education) to Hp Govt. S ...

Court : Himachal Pradesh

Deepak Gupta, J. (Oral): 1. This appeal is directed against the judgement dated 6.3.2009 passed by a learned Single Judge of this Court in CWP(T) No. 3395 of 2008. 2. Briefly stated the facts of the case are that the appellant, hereinafter referred to as the petitioner, was working as peon in the Education Department of the Himachal Pradesh. When he was granted employment his year of birth in the official record was recorded as 1940. In such eventuality the petitioner was to retire in the year 2000. It appears that some complaint was received in the office of District Education Office, Bilaspur that the date of birth as given by the petitioner was false. It was also averred that as per the record of the Gram Panchayat his date of birth was 1.7.1934. The complaint was forwarded to the Director of Education, H.P. Shimla and on scrutinizing the case vide letter dated 22.4.1994 it was directed that Gulaba Ram be retired from service on the basis of date of birth recorded in the Gram Pancha...

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