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Jan 08 2013 (HC)

Himachal Pradesh Public Service Commission Vs. Chaman Lal Sharma and O ...

Court : Himachal Pradesh

1. These two appeals are directed against the judgment of the learned Single of this Court in CWP No. 6178 of 2010 whereby he allowed the writ petition filed by Shri Chaman Lal Sharma and set aside the appointment of Shri Chander Mohan Chauhan as Computer Operator on ad hoc basis on 12.9.1991, on regular basis on 30.5.1995 and his promotion which was made on 18.1.1999. 2. Briefly stated, the facts of the case are that Shri Chander Mohan Chauhan (hereinafter referred to as the private respondent) was appointed as Computer Operator in the H.P. Public Service Commission (hereinafter referred to as the Commission) on ad hoc basis on 12.9.1991. His services were regularized on 30.5.1995. He was promoted to the post of Programme Planning Officer on ad hoc basis w.e.f. 29.10.1997 and he was regularized, as such, on 18.1.1999. 3. After the private respondent was promoted as Programme Planning Officer, one post of Computer operator fell vacant. After selection, Shri Chaman Lal Sharma (hereinaft...

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Jan 08 2013 (HC)

State of Himachal Pradesh Vs. Dharam Pal

Court : Himachal Pradesh

Surinder Singh, J. (oral): The State has challenged the acquittal of the respondent, for the offence punishable under Sections 498-A and 306 of the Indian Penal Code, in the present appeal. (ii) The background facts are that the deceased was married to PW12 Karam Singh aforesaid, a driver in H.R.T.C, in the year 1992. From this marriage, she gave birth to two sons. She was residing at her native place at Siri Naina Devi Ji near the old Bus Stand in a separate room. The accused is a real brother of Karam Singh serving in Army. He was residing separately in the vicinity with his wife Anju. It is alleged that whenever the accused used to visit his village during leave, he used to beat, harass and torture the deceased. (iii) In the month of December, 2002, the accused was on leave. On 19.12.2002, Sukh Dei (deceased) committed suicide by putting herself on fire. She was taken C.H.C. Ghawandal. At that time, she was unconscious having 90% burn injuries. PW3 Dr. Naveen Kataria gave first aid ...

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Jan 07 2013 (HC)

Sashi Kumar Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Dev Darshan Sud, J. The appellant is aggrieved by his conviction under Section 376, 363 and 366 of the Indian Penal Code (hereinafter referred to as the IPC) and has been sentenced as under:Sr. No.Offence under SectionSentenced Imposed.1.363 IPCSimple imprisonment for seven years and fine of Rs.5000/-. In default of payment of fine the convicted person shall further undergo simple imprisonment for one years.2.366 IPCSimple imprisonment for seven years and fine of Rs.5000/-. In default of payment of fine convicted person shall further undergo simple imprisonment for one year.3.376 IPCSimple imprisonment for seven years and fine of Rs.15000/-. In default of payment of fine convicted person shall further undergo simple imprisonment for one year.2. The prosecution case in brief is that on 19.8.2008 at around 11.30 A.M. accused kidnapped minor prosecutrix (PW3) from the lawful guardianship of her parents and grand-mother from Depot Bazar, Dharamshala and took her to Kangra and Chetru withou...

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Jan 03 2013 (HC)

Himachal Pradesh Tourism Development Corporation and Others Vs. Region ...

Court : Himachal Pradesh

Dev Darshan Sud, J. 1. Both these petitions are being disposed of by this common judgment as the same point of law has been urged. The factual matrix is different which will be considered separately. CWP No.4048 of 2009. 2. This writ petition has been preferred by the Employees Provident Fund Commissioner praying therein that the order passed by the Employees Provident Fund Appellate Tribunal, New Delhi, (Annexure P-9) dated 10th September, 2009 be quashed and set aside. 3. The learned Tribunal notes that after admission of the appeal the case was adjourned twice for filing of reply, but no reply was filed by the respondents. The appellant Himachal Pradesh Tourism Development Corporation Limited (hereinafter referred to as `Corporation) had filed an application under Section 151 of the Code of Civil Procedure (hereinafter referred to as `CPC) praying for refund of the amount deposited by it against the order challenged in appeal. The application pleaded that the Corporation was facing ...

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Jan 01 2013 (HC)

State of Himachal Pradesh Vs. Simranjit Alias Sunny Son of Shri Ranbir ...

Court : Himachal Pradesh

V.K. Sharma, J. The State is in appeal against the judgment dated 30.09.2006, rendered by the learned Addl. Sessions Judge, Fast Track Court, Kangra at Dharamshala, H.P., in S.C. No. 8-K/VII/06, State of Himachal Pradesh vs. Simranjit alias Sunny and another, acquitting the respondents herein, who shall hereinafter be referred to as the accused and denoted as A-1 and A-2, respectively, for the offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the NDPS Act). 2. Briefly stated facts of the prosecution case are that during the night intervening 3/4.10.2004, a police party headed by PW-9 Inspector/SHO Sanjeev Chauhan while on patrol duty was present at bus stand, Kangra. At about 11.15 PM they were proceeding from the in gate towards out gate of the bus stand, two boys were found standing near the police assistance room at the out gate. On seeing the police they ran towards Raj Hotel on the main road. Accordingly, the police party raised alarm, ...

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Jan 01 2013 (HC)

Prem Singh and Another Vs. the State of H.P. Through the Principal Sec ...

Court : Himachal Pradesh

Oral: Sanjay Karol, J. Vide judgment dated 29.11.2011 passed in CWP No.4990 of 2010-E, titled as Mast Ram vs. State of H.P. and others, and other connected matters, this Court, based on the affidavit filed by Engineer-in- Chief, IandPH, Govt. of Himachal Pradesh, Shimla, had observed that `76,48,478/- stood wrongly disbursed to 69 workers of the department as wages, even for the period they had not worked. While disposing of the petitions, this Court had directed recovery of the amount from the workers, who had availed and enjoyed such unmerited benefits and also issued the following directions:- There will be a direction to the Chief Secretary to conduct an enquiry as to how and why without any clarification from the Government, such amounts were paid. It shall also be inquired into as to whether such benefits have been paid on retrospective basis in other departments. Steps shall be taken to recover such amount in accordance with law from such workers and if not, recovery shall be ma...

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Dec 31 2012 (HC)

Manjit Singh Vs. Rajinder Singh and Others

Court : Himachal Pradesh

Dharam Chand Chaudhary, J. 1. Aggrieved by the judgment and decree dated 23.6.2000 passed by the learned District Judge, Sirmaur at Nahan in Civil Appeal No. 119-CA/13 of 2000/1999, dismissed thereby the Civil Suit bearing No.68/1 of 1990/T- 23/1/1991 on reversal of the judgment and decree passed by the trial court decreed on 30.3.1999, the appellant, hereinafter referred to as the plaintiff, has approached this Court by filing the present appeal with the prayer to set aside the same. 2. The challenge to the judgment and decree impugned before this Court in the present appeal is on the ground, inter-alia, that the land entered in Khata-Khatauni No. 8min/33, Khasra No.491/304, measuring 5 Biswas, situated in village Shamsherpur, Tehsil Paonta Sahib, hereinafter referred to as the suit land, was ancestral and the family consisting of plaintiff and defendants No.2 and 3 being a joint Hindu family, was governed by Mitakshra Hindu law and the findings so recorded by the trial Court were err...

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Dec 30 2012 (HC)

Amar Singh Vs. State of Himachal Pradesh Through Principal Secretary ( ...

Court : Himachal Pradesh

Surinder Singh, J. Oral: 1. By means of the present writ petition under Article 226 of the Constitution of India, the petitioner prays to setaside the order dated 7.12.2005 Annexure P-9 of the Labour Commissioner and direct the respondents to refer the dispute of the petitioner to the Labour Tribunal, for its determination, as recommended by the Conciliation Officer. 2. Heard and gone through the record. 3. Precisely, the case of the petitioner is that in the year 1970, he was appointed as Beldar on daily wages in H.P. Public Works Department in Sub-division Sunhi (B and R) Division Kangra District. His services were retrenched in the year 1985. According to him, he continuously worked for a period of 15 years and was drawing his salary of 90/- per month. Since he was a workman within the meaning of Section 2(s) of the Industrial Disputes Act, 1947, in short the Act, he was wrongly retrenched from service. Despite personal meetings with the concerned authorities and on sending various ...

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Dec 21 2012 (HC)

Dhian Dass, Vs. Mrs. Nokhi Devi Kararsu Phati and Kothi Kais

Court : Himachal Pradesh

Kuldip Singh, J. 1. This petition under Section 482 Cr.P.C. read with Article 227 of the Constitution of India has been filed for setting aside, Whether the reporters of the local papers may be allowed to see the Judgment Yes quashing judgment dated 9.1.2012 passed by learned Sessions Judge, Kullu in Criminal Appeal No.1 of 2011, affirming order dated 15.12.2010 passed by learned Chief Judicial Magistrate, Kullu in Complaint No.309-I/2010. 2. The facts in brief are that respondent had filed a complaint under Section 12 of Protection of Women from Domestic Violence Act, 2005 (for short Act) against petitioner claiming her to be the wife of respondent. The petitioner for the last one year had physically and mentally tortured the respondent. A complaint was made to the Gram Panchayat where a compromise was affected but petitioner was turned out from matrimonial home in January, 2010. The petitioner filed reply, he denied marriage between the parties or parties lived as husband and wife. H...

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Dec 20 2012 (HC)

Sanjeev Kumar Vs. H.P. Tourism Development Corporation Ltd. and Others

Court : Himachal Pradesh

Rajiv Sharma, J. 1. Respondent-Corporation issued an advertisement on 2.12.2009 whereby applications were invited for filling up the post of Trainee (Kitchen). The last date for receipt of application was 21.12.2009. According to the advertisement, minimum qualification required for filling up the post of Trainee (Kitchen) was 10+2 or equivalent with 1 years diploma in Food Production/Bakery from a recognized institute. Written test was held on 28.3.2010. Petitioner secured 96% marks. He was also called for interview on 5.5.2010. The fact of the matter is that the petitioner was not selected, which led to filing of CWP No. 6090 of 2010. The same was decided by this Court on 5.4.2011. Petitioner was permitted to make a representation to the Managing Director. He filed representation to the Managing Director on 23.4.2011. The representation made by the petitioner has been rejected on 9.5.2011. 2. Mr. Subhash Sharma has vehemently argued that his client was fully eligible to be considere...

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