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Dec 19 2012 (HC)

Jai Narayan Vs. State of Rajasthan and Others

Court : Himachal Pradesh

The petitioner entered in the services of the respondents being appointed as Gangman under an order dated 01.03.1970. At the time of initial appointment, his date of birth recorded was 05.05.1950. A promotion thereafter was accorded to the petitioner as Helper with effect from 01.04.1971. By submitting a representation dated 02.07.1973, the petitioner made a request to the competent authority of the respondents to make necessary correction in his service record relating to his date of birth. As per the petitioner, his date of birth was 20.04.1951, but was erroneously recorded as 05.05.1950. After considering the application submitted by the petitioner, necessary correction in the service record was made on 01.09.1982 by recording 20.04.1951 as date of birth of the petitioner. The date of birth aforesaid was maintained in seniority list and all other relevant service records, however, under a communication dated 11.12.2009, the petitioner was sought to be retired from service with effec...

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Dec 17 2012 (HC)

Vinod Jaswal Vs. Mrs. Anuradha

Court : Himachal Pradesh

Dev Darshan Sud, J. (oral) 1. The appellant, who is the husband, is aggrieved by the judgment of the learned Additional District Judge, Una dismissing his petition under Section 12 (1) (c) of the Hindu Marriage Act. The judgment reproduced paras 4 to 15 of the petition. The ground urged for annulment of marriage was that the respondent was suffering from lack of movement from hip joints; as a result she could not sit on her legs, cannot work while sitting cannot stand up from the sitting position and cannot perform day to day work. She is not physically fit. This fact was discovered at the time of consummation of marriage which had taken place after great difficulty. The respondent was taken to the doctor as also to the Civil Hospital, Una for consultation and for treatment from an orthopedic surgeon who opined that this is a defect which she suffers from birth and it is incurable. This is in short the pleadings of the petitioner who seeks annulment of the marriage on the ground that h...

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Dec 11 2012 (HC)

Jai Chand Vs. State of Himachal Pradesh and Others

Court : Himachal Pradesh

Rajiv Sharma, J. Oral: 1. Petitioner retired as PET on 03.06.2011. He was re-employed as PET on 01.07.2011 on the basis of notification, dated 23.09.2010. Case of the petitioner, in a nut-shell, is that he has not been paid vacation salary for the period w.e.f. 27.07.2011 to 10.08.2011 and 22.10.2011 to 27.10.2011. The re-employment of the petitioner is governed by the notification, issued on 23.09.2010. The objective of the policy of re-employment, is to ensure availability of teachers and all other officers during academic session with a view to provide quality education in the State. 2. The expressions Academic Session, End of Academic Session, Commencement and end of Academic Session, Other Officers, Policy, Re-employing Authority, Re-employment, Remuneration and Teachers, have been defined in the policy. The pay of re-employed teachers/other officers is fixed in terms of instructions of Finance Department, dated 19.04.2010 read with instructions, dated 01.12.1988 and 08.09.1999, p...

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Dec 07 2012 (HC)

Narender Pal Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Dev Darshan Sud, J. (Oral). The appellant challenges his conviction under Sections 452 and 376 of the Indian Penal Code sentencing him to undergo rigorous imprisonment for a period of two years under Section 452 I.P.C. and fine of Rs.5,000/- and rigorous imprisonment for a period of seven years and fine of Rs.20,000/- for offence under Section 376 I.P.C . 2. The case of the prosecution is that the prosecutrix PW1, who is minor and student of 8th Class studying in Senior Secondary School, Ghumarwin, had been raped by the accused. 3. The case of the prosecution is that F.I.R. No. 133 of 2011 (Ext.PW9/B) was lodged in Police Station, Ghumarwin on the statement Ext.PW1/A of the prosecutrix under Section 154 Cr. P.C. The narration of the incident is thus: 4. The complainant was a student of 8th Class who had lost her father and mother was Pagal (mentally unstable). Her elder brother was died. She has two brothers Praveen Kumar and Mahinder Pal, who were working as carpenter and welder respe...

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Dec 06 2012 (HC)

State of Himachal Pradesh Vs. Rakesh Kumar Sharma and Others

Court : Himachal Pradesh

Surinder Singh, J. (Oral) 1. The acquittal of the respondents passed by learned Additional Sessions Judge, Fast Track Court, Shimla for the offences under Sections 498-A, 306 read with Section 34 of the Indian Penal Code has been challenged in the present appeal. Whether the reporters of the local papers maybe allowed to see the judgment. 2. Heard and gone through the record. The undisputed facts are that: (i) The deceased Smt. Vijay Bharti was married to the respondent Rakesh Kumar on 5th December, 1997. She committed suicide by partially hanging in her room on 4.1.2002 at her residence at Sanjauli, where she was residing with her husband, parents in law and the other respondents. (ii) Respondents No. 2 and 3 Miss. Reena Sharma and Miss Monika Sharma are unmarried sisters of respondent No. 1. (iii) Respondent No. 1 was Draughtsman (Civil) in HPSEB, Shimla. (iv) Respondent No. 2, Miss Reena Sharma is post graduate in Engineering and B.Sc B.Ed and for some time she remained as teacher i...

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Dec 01 2012 (HC)

Diwan Chand Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Dev Darshan Sud, J. (Oral) The appellant challenges his conviction under Sections 376 and 506 of the Indian Penal Code (hereinafter IPC) sentencing him to undergo rigorous imprisonment for a period of seven years and fine of Rs.20,000/-, in default of payment of fine, simple imprisonment for a period of six months for offence under section 376 IPC and simple imprisonment for one year and fine of Rs.5000/- for offence punishable under Section 506 IPC and in default of payment of fine, simple imprisonment for one month. 2. The genesis of the prosecution case is that Ext.PW1/A, which is First Information Report No. 87 of 2008, filed by Kumari Reena Devi with Police Station Karsog on 22.5.2008 narrating therein that she was 16 years old and residing with her maternal uncle Jhabe Ram and was student of 10th class. About 5-6 days prior to Shivratri, the accused entered the cowshed during the day time where she was watering the cattle and committed rape on her. When she tried to raise a hue a...

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Nov 30 2012 (HC)

Devi Singh Vs. State of H.P.

Court : Himachal Pradesh

Dharam Chand Chaudhary, J. (Oral) Devi Singh alias Devu, the accused in FIR No.165/98, Police Station, Dharampur, District Solan, has filed this revision against the judgment of conviction made in criminal appeal No.20-S/10 of 2004 by Sessions Judge, Solan confirming thereby the judgment of conviction and sentence made in criminal case No.3/2 of 2002/99 by Judicial Magistrate, Kandaghat, Camp at Solan. 2. The Investigating Officer, Shri Bhim Singh, ASI, Police Station, Dharampur, PW-5 along with other police officials was on patrol duty in the area where the accident occurred. On finding a parapet at right side damaged recently raised suspicion and PW-5 made to stop the vehicle there. They heard cries Bachao-Bachao from the side of Nallah below the road. The police party went to Nallah, where found the ill-fated truck lying turtle. The police party took out the injured, who were five including the driver. Five others occupants were found dead on the spot. The injured persons were taken...

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Nov 29 2012 (HC)

Dr. Y.S. Parmar University of Horticulture and Forestry, Through Its R ...

Court : Himachal Pradesh

Rajiv Sharma, J. 1. This Letters Patent Appeal is directed against the judgment dated 29.6.2010 passed by the learned Single Judge in CWP No. 1988 of 2010. 2. Material facts necessary for the adjudication of this appeal are that respondent No.1- petitioner (hereinafter referred to as the petitioner for convenience sake) filed a petition assailing his transfer order dated 4.5.2010 whereby he has been transferred from Campus to Horticulture Research Centre Bajoura. Petitioner has challenged his transfer order on the ground that he was victimized, being President of Non-Teaching Employees Welfare Association. It is also contended by the petitioner that once he was transferred outside the Campus, he could not remain Member of the Non-Teaching Employees Welfare Association. It was also averred by the petitioner that number of posts of Senior Assistants were lying vacant in the Forestry Department of the Campus with the appellant-University. Learned Single Judge allowed the writ petition on ...

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Nov 26 2012 (HC)

Joginder Singh Baggu Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Dharam Chand Chaudhary, J. (Oral) Accused Joginder Singh has preferred this revision petition against the judgment dated 17.9.2005, passed by learned Addl. Sessions Judge, Solan circuit Court at Nalagarh in criminal appeal No.31-NL/10 of 2000 concurring thereby with the findings of conviction and sentence recorded against the petitioner by learned Sub Divisional Judicial Magistrate, Nalagarh, District Solan on the ground inter alia that both the courts below have based the findings of conviction on conjecture and surmises and without appreciating the evidence of eye witnesses PW-4 and PW-7 Bachna Ram in its right perspective. The version of PW-7 Bachna Ram that the deceased was playing and hanging 1 Whether reporters of Local Papers may be allowed to see the judgment? with pole and as a result thereof the same tilted in one side and he fell down in the river on stones and thereby suffered multiple injuries leading to his death has not been considered at all. PW-4 Ram Krishan could have...

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Nov 09 2012 (HC)

inder Pal Singh Vs. State of H.P.

Court : Himachal Pradesh

Oral Kuldip Singh, J. 1. This is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No.90/12 dated 22.7.2012, registered at Police Station, Kumarsain for offences punishable under Sections 363, 366A, 376, 382, 201/34 IPC and 3, 4, 5 of Immoral Traffic (Prevention) Act, 1956. 2. It has been stated that petitioner has been falsely implicated in the case. The investigation in the case is complete and challan has already been submitted in the Court. The further custody of the petitioner will not advance the cause of the justice. The petitioner was arrested on 22.07.2012 and since then he is in custody. The petitioner is ready to furnish bail bonds. The petitioner earlier moved bail application which has been dismissed by learned Sessions Judge, Rampur Bushahr on 9.10.2012. The submission has been made for releasing the petitioner on bail. 3. The status report has been filed. It has been stated that case has been registered on the statement of victim under ...

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