HIGH COURT OF HIMACHAL PRADESH SHIMLA-

Transcription

1 1 HIGH COURT OF HIMACHAL PRADESH SHIMLA ANNUAL REPORT FOR THE YEAR 2016 (Updated upto ) Web Address : Address : hicourt-hp@nic.in REGISTRAR GENERAL, High Court of Himachal Pradesh, Shimla

2 2 TABLE OF CONTENTS Chapter No. Description of the subject Page No(s) 1. Introduction, Brief History and Background Main activities / events / initiatives during the year Landmark decisions of public importance Status of Infrastructure of High Court and District / Subordinate Courts Sanctioned Strength, Working Strength and Vacancies of Judges in High Court and District / Subordinate Courts Human Resource Development Status of Computerization of High Court and District/ Subordinate Courts Financial Statement of Budget and Expenditure Functioning of Grievance Redressal Mechanism Working of State Legal Services Authority and District Legal Services Authorities and Status on Legal-aid to Poor. Number of Beneficiaries of different categories. Working of Alternative Dispute Resolution Mechanisms ADR Centres, Permanent Lok Adalats / Lok Adalats. Number of cases disposed of. Number of Lok Adalats held etc Broad Performance Indicators based on analysis of Judicial Statistics

3 3 CHAPER-1 INTRODUCTION AND BACKGROUND In the constitutional scheme, our founding Fathers, while drafting the Constitution of India and more particularly the Preamble thereof, made a mention of the being an essential ingredient of the Constitution of India. It gave precedence to over liberty and equality and fraternity because as per them unless there is justice, liberty is meaningless and fraternity cannot be achieved in absence of justice. and liberty are essential for securing equality. For securing the justice, the Constitution of India provides a pivotal role to the Indian Judiciary so that it could act as a guardian of the Constitution of India and also securing justice to the people of the country. With a view to discharge the obligations having been cast upon it by the Constitution of India, the Indian Judiciary has always strived hard to come to the expectations of the people of the country and the founding fathers of the Constitution. Within the limited resources at its command, the Indian Judiciary has been maintaining data with regard to institution and disposal of cases by it. But the Law Commission of India and various other legal experts have expressed their concern on the lack of appropriate judicial data base in High Courts for the purpose of research and policy formulation in area such as judicial infrastructure, manpower requirement of judiciary and budgeting and planning for court development etc. The then Hon'ble Minister of Law and, Government of India, Shri D. V. Sadananda Gowda in his demi official letter dated which is addressed to the Hon'ble the Chief s of High Courts, has informed that with the computerisation of High Courts and District & Subordinate Courts, it has now become possible for the High Courts to obtain real time data and develop the necessary data analysis tool to disseminate necessary information on functioning of the High Courts and District & Subordinate Courts. He has also informed that an Annual Report of each High Court can play an important role in highlighting the work of judiciary as a public institution. Hon'ble the Chief, High Court of Himachal Pradesh immediately on responding to the demi official letter dated of Shri D.V. Sadananda Gowda, the then Hon'ble Minister, Law and, Government of India, on , constituted a Committee of two Hon'ble Judges of the High Court of Himachal Pradesh, namely, Committee for Drawing Annual Report comprising Hon'ble Mr. Tarlok Singh Chauhan and Hon'ble Mr. Thakur, Judges, as Members of the Committee and the Central Project Coordinator, High Court of H.P. as the Secretary of the same. Hon'ble the Chief was further pleased to direct that the Annual Report be prepared for each financial year with quarterly updation and displayed on the website of the High

4 4 Court of H.P. In light of the directions of Hon'ble the Chief, the First Annual Report for the year, 2016 has been prepared and the same has been displayed on the website of High Court of Himachal Pradesh. The same has now been updated upto and is displayed on the website of High Court of Himachal Pradesh. BRIEF HISTORY OF HIGH COURT OF HIMACHAL PRADESH Precisely, the former Princely States had different systems of Administration and set of laws and in most of the Princely States, the administration was run on the whims of the Rulers or Wazirs and their words were considered to be the law. Himachal Pradesh came to be formed as a result of integration of 26 Shimla and four Punjab hill States into a Centrally Administered Area on 15 th April, On 1 st April, 1954, the parts of Bilaspur were also merged with Himachal Pradesh having its Headquarters at Shimla. The head was the Chief Commissioner. The first Chief Commissioner was Mr. N. C. Mehta and he was assisted by his deputy Mr. E. Penderal Moon, ICS. On 30 th September, 1948, an advisory council was formed for the advice of the Chief Commissioner for administrative functions. The Central Government promulgated the Himachal Pradesh (Courts) Order, 1948 on 15 th August, As per Paragraph 3 of this Order, the Court of Judicial Commissioner was established for Himachal Pradesh and such Court was housed at "Harvingtan" (Kelston area, Shimla). It was vested with the powers of a High Court under the Judicial Commissioner's Court Act, Besides the Court of Judicial Commissioner, two Courts of District and Sessions Judges and 27 Subordinate Courts were also set up. The Court of Judicial Commissioner started functioning on 15 th August, 1948 and in the same year, two Courts of District and Sessions Judges were also established. The Punjab High Courts Rules and Orders with suitable amendments were made applicable to the courts in H.P. On 29 th April, 1967, two more District and Sessions Judges Courts, one for Shimla and other for Kangra were established. However in the year, 1966, the Delhi High Court Act was enacted by the Government of India and w.e.f. May 1, 1967, the Central Government of India extended the operation of the said Act to the Union Territory of Himachal Pradesh, replacing the Court of Judicial Commissioner by the Himachal Bench of Delhi High Court, at Shimla and it started functioning in old High Court building known as "Ravenswood". At that time, Hon'ble Mr. K. S. Hegde was the Chief of the Delhi High Court. Hon'ble Mr. S. K. Kapoor and Hon'ble Mr. Hardayal Hardy constituted the first circuit bench of the Delhi High Court which held Court at Shimla in the building known as "Ravenswood".

5 5 The Himachal Pradesh attained the Statehood in the year, 1971, and established its own High Court with Headquarters at "Ravenswood", Shimla, having one Hon'ble the Chief and two Hon'ble Judges. The first Chief of the High Court of Himachal Pradesh was Hon'ble Mr. M. H. Beg and the other two Hon'ble Judges were Hon'ble Mr. D. B. Lal and Hon'ble Mr. C. R. Thakur. The Old High Court Building "Ravenswood The New Complex of High Court of Himachal Pradesh Hon'ble Mr. R. S. Pathak, Hon'ble Mr. T. U. Mehta, Hon'ble Mr. V. D. Misra, Hon'ble Mr. P. D. Desai, Hon ble Mr. N.M. Kasliwal, Hon'ble Mr. P. C. B. Menon, Hon'ble Ms. Leila Seth, Hon'ble Mr. S. K. Seth, Hon'ble Mr. V. Ratnam, Hon'ble Mr. G. C. Gupta, Hon'ble Mr. S. N. Phukan, Hon ble Mr. M. Srinivasan, Hon ble Mr M. N. Rao, Hon ble Mr. D. Raju, Hon ble Mr. C. K. Thakker, Hon'ble Mr. W.A. Shishak, Hon ble Mr. V.K. Gupta, Hon ble Mr. Jagdish Bhalla, Hon ble Mr. Kurian Joseph and Hon ble Mr. A. M. Khanwilkar were the other illustrious and eminent jurists who adorned the office of Hon ble the Chief of High Court of Himachal Pradesh and have left a distinct mark of their personalities on the working of the High Court. Some of the sitting judges of this High Court brought laurels by adorning the office of Chief of other High Courts. Hon ble Mr. Bhawani Singh adorned the office of Chief of Jammu & Kashmir High Court, then Madhya Pradesh High Court and then Gujarat High Court. Hon ble Mr. Devinder Gupta became Chief of Andhra Pradesh High Court. Hon ble Mr. Deepak Gupta became the first Chief of Tripura High Court and later on adorned the office of Chief of Chhatisgarh High Court.

6 6 Hon'ble Mr. M. H. Beg, Hon'ble Mr R. S. Pathak, Hon'ble Mr. N. M. Kasliwal, Hon ble Mr. S.N. Phukan, Hon'ble Mr. M. Srinivasan, Hon'ble Mr. D. Raju, Hon ble Mr. C.K. Thakkar, Hon ble Mr. Kurian Joseph and Hon ble Mr. A.M. Khanwilkar were elevated to the Apex Court. Hon'ble Mr. M. H. Beg and Hon'ble Mr. R. S. Pathak had the distinction of becoming Hon ble Chief s of the Supreme Court of India. Hon ble Mr. R. S. Pathak also remained a Judge of International Court of at Hague. Hon ble Mr. Lokeshwar Singh Panta has also a privilege of elevation to Hon ble Supreme Court of India, directly from the Judge of Hon ble High Court of Himachal Pradesh. At present, the august office of the Hon ble the Chief is adorned by Hon ble Mr. Mansoor Ahmad Mir under whose able leadership the High Court of Himachal Pradesh as well as the Courts subordinate to it are progressing by leaps and bounds. Thus, though small, but this High Court has a place of pride in judicial milieu of our country. Now the strength of the Judges of the High Court of Himachal Pradesh is thirteen including the Chief whereas the sitting Judges including the Hon ble Chief is nine. *****

7 7 CHAPER-2 MAIN ACTIVITIES / EVENTS / INITIATIVES DURING THE FINANCIAL YEAR Main Activities/ Events /Initiatives done/ taken by the High Court of Himachal Pradesh. (1) One post of District and Sessions Judge (Leave/Training Reserve), One post of Registrar (5 th ) on the Establishment of High Court of Himachal Pradesh, One post of President, District Consumer Forum, Una and One post of Chairman, One post of Addl. District & Sessions Judge along with staff (for Kinnaur Division), Waqf Tribunal, Himachal Pradesh in the cadre of District/Addl. District Judges have been got created from the State Government and filled up. Further, Seven posts of Civil Judges (Sr. Division) v.i.z. the Secretaries, District Legal Services Authorities, One post of Civil Judge (Senior Division) as Leave/Training Reserve on the Establishment of High Court and Six posts of Mobile Traffic Magistrates in the rank of Civil Judges (Jr. Division) have been got created from the State Government and have also been filled up. (2) Two newly appointed Judicial Officers in the cadre of Civil Judges were given induction training in H.P. Judicial Academy, Ghandal, Shimla. (3) After completing process of recruitment 28 clerks have been allotted to different divisions in the State for their appointment and process for filling up of 11 posts of Steno Typist, 23 posts of Judgment Writers (on contract basis) and 44 posts of Clerks in the Subordinate Courts has been initiated. (4) The High Court of Himachal Pradesh has purchased six Mahindra Bolero vehicles to the tune of Rs. 37,55,100/- for use by six Mobile Traffic Magistrates posted in the Subordinate Courts. (5) Since, present storage capacity of Computer Server of the High Court of H.P. was likely to be over, hence, one SAN storage of 10 TB capacity alongwith SAN switches has been purchased by the High Court of H.P. at a cost of Rs. 27,49,320/- and the same has been installed, (6) Video Conferencing Units have been set up at sixteen (16) Sub-Divisional/ Tehsil Level Courts, which are at a distance of about 50 Kms. from the jails concerned, which would save a lot of money from the state exchequer, that used to be spent in producing the accused before the Courts. (7) A new Android based Mobile App. has been developed by the State NIC with NIC Unit at High Court of H.P. and the Computer Branch of this High Court. It has many features such as case search facility based on case number, party s name and Lawyers name & unique

8 8 facility of storage of case information details and viewing the same in offline mode, facility of downloading orders/ judgments, automatic alerts for next date of listing in respect of cases saved with the aid of the App., facility of adding more cases in the tally of saved cases and also for alerts, cause lists and digital display boards. (8) SCMS Committee has been re-constituted vide Notification dated , which shall monitor the various activities of District level Court Management Committees in the monthly meeting. (9) 24 documents Presenters at a cost of Rs.8,44,200/- for use in Video Conference Units in High Court of Himachal Pradesh and 23 District / Subordinate Courts have been purchased and installed. These Document Presenters would facilitate the recording of evidence through Video Conferencing. (10) The High Court of Himachal Pradesh has also framed Rules titled as The Himachal Pradesh High Court Officers and the Members of Staff (Recruitment, Promotion, Conditions of Service, Conduct and Appeal) Rules, 2015 and notified the same on (11) The High Court of of Himachal Pradesh has also prepared draft of Rules titled as Himachal Pradesh Subordinate Courts Staff (Recruitment, Promotion and Conditions of Service) Rules, 2015 and submitted the same on for approval of the State Government. (12) 1 st Amendment in the "High Court of Himachal Pradesh Members of Technical Manpower (Computers) (Appointment, Conditions of Service and conduct) Rules, 2014" has been carried out. (13) 1 st & 2 nd Amendments in the "Himachal Pradesh High Court Officers and the Members of Staff (Recruitment, Conditions of Service, Conduct & Appeal) Rules, 2015" has been carried out. (14) "Rules for Engaging Law Clerks-cum-Research Assistants in Himachal Pradesh High Court"(notified on ) have been repeased. (15) 3 rd Amendment in the "High Court of Himachal Pradesh Civil Procedure Alternative Dispute Resolution Rules, 2005" has been carried out. (16) 12 th Amendment in the "The Himachal Pradesh Subordinate Courts (Use, Maintenance and Control of Staff Cars) Rules, 1995" has been carried out. (17) 2 nd Amendment in the "High Court of Himachal Pradesh (Use, Maintenance and Control of Guest Houses and Sessions Houses) Rules, 2013" has been carried out. (18) 6 th Amendment in the regulations The Himachal Pradesh Judicial Service (Syllabus and Allocation of Marks) Regulations, 2005 for the cadre of Civil Judge (Jr. Division).

9 9 (19) 2 nd Amendment in the Rules High Court of Himachal Pradesh Members of Technical Manpower (Computers) Appointment, Conditions of Service and Conduct) Rules, (20) Amendment in Rules & Orders applicable to Subordinate Courts has been carried our after the exercise of Process Reengineering and notified on Main activities/events/initiatives done / taken by the H.P. State Legal Services Authority: (21) State level Colloquia and function was organized by the H.P. State Legal Services Authority, in the New Auditorium of High Court of Himachal Pradesh, which was the culmination of painting and slogan writing on afforestation and environmental issues amongst the school students starting from the school level and also an essay competition on Fundamental Duties amongst the school students. The awards to the winners were given by His Excellency, the Governor of Himachal Pradesh. (22) One day State Level Meet of Para Legal Volunteers and trained mediators was organized in the New Auditorium of High Court of Himachal Pradesh, Shimla by H.P. State Legal Services Authority. (23) The H.P. State Legal Services Authority has also organized a three days conference on Drug Menace in India at Manali (Distt. Kullu), which was graced by the then Executive Chairman, NALSA, Hon ble Mr. T.S. Thakur (now Hon ble Chief of India) and three other Hon ble Judges of Hon ble Supreme Court of India. On the basis of the deliberations and inputs gathered in such conference, a detailed report was prepared by H.P. State Legal Services Authority and sent to NALSA, which finally culminated into launching of NALSA (Legal Services to the victims of Drug Abuse and Eradication of Drug Menace) Scheme, (24) Clean Shimla Drive was organized by H.P. State Legal Services Authority in association with Department of Environment, Government of Himachal Pradesh, wherein 1000 students of almost all the Government & Private Schools / Colleges of Shimla city were sensitized about the importance of the clean environment. Besides others, Hon ble the Chief and Judges of High Court of Himachal Pradesh, Advocates and Officers of Administration also took part in such drive. (25) Inspection of Forest Sites at Shimla and Solan: In order to carryout social audit of the Afforestation Project, Hon ble Mr. Swantater Kumar, Chairperson, National Green Tribunal was requested to inspect few sites and His Lordship inspected two sites, one at Shimla and another at Solan Districts where the various species of plants were planted by the students of the nearby schools. Chairman, DLSA, Solan and other Officers of Forest

10 10 Department were present. His Lordship directed to provide protection to the plants from grazing / uprooting so that plants and trees may be developed into whole tree. (26) Forest Site at Kachhairi, Near Dharamshala: On 10 th January, 2016, Hon ble Mr. Kurian Joseph, Judge, Supreme Court of India visited Dharamshala and inspected one plantation site near Govt. Senior Secondary School, Kachhairi where approximately 450 saplings of Jamun were planted by the students of Government Senior Secondary School, Kachhairi. Hon ble Mr. Dharam Chand Chaudhary, Judge, High Court of Himachal Pradesh and Chairman, H.P. High Court Legal Services Committee also joined His Lordship at the time of inspection. 160 students of the nearby School, Officers of the Administration, Police, Education, Forests and Judicial Officers attended the programme. An exhibition of paintings, essays and slogans was arranged at the site. His Lordship lauded the efforts of the students. His Lordship distributed a pen to each student amongst who were present at the time of inspection. Hon ble Mr. Kurian Joseph also interacted with the students and apprised them of Fundamental Duties and importance of Forests. (27) Afforestaion programme was organised in Schools and Colleges of State of Himachal Pradesh in the month of July, 2016 in which 2453 students of Schools/Colleges participated and saplings were planted. Students were sensitized about Enviornment and Fundamental Duties. (28) A programme of Drug Menace was organised on in New Auditorium, High Court of H.P. The programme was inaugurated by Hon ble Chief and Patron-in-Chief, HP State Legal Services Authority in the presence of Hon ble Judges of High Court of Himachal Pradesh, Advocate General to the Government of Himachal Pradesh, Assistant Solicitor General, Government of India, Deputy Commissioner, Shimla, Senior Advocates, High Court of Himachal Pradesh, President of Bar Association and Bar Members. The programme was attended by 530 students of various schools, teachers and social workers. Skits and cultural programmes were organized by Amateur Artists and students of School to convey message about ill effects of consuming Tabacco, Drugs and other substances. (29) State Legal Services Authority has also started lecture series on Different Facets of Indian Constitution i.e. Fundamental Rights, Fundamental Duties, Directive Principles of the State Policy and various facets of State Legal Services Authority and other Legal Services Institutions and inaugural programme was organized on 10 th December, 2016 in the New Auditorium of the High Court of Himachal Pradesh. The programme was inaugurated by Hon ble Mr. A.M. Khanwilkar, Judge, Supreme Court of India who presided over the function as Chief Guest. His Lordship exhorted the Members of the Bar

11 11 for their contribution to the effectiveness of the legal system without requiring to grapple with changing the existing dispensation. He also stated that the members of the bar can play an effective role in minimizing the life span of the proceedings and that right guaranteed to the litigant of the speedy justice carries with it corresponding obligation on the duty holders to do everything that is possible within their means. His Lordship also emphasized that access to justice is basic human right and everyone should come forward to ensure that basic human rights are protected. His Lordship emphasized the need of specific training module for the Bar members and Judicial Officers to meet the upcoming challenges in the judicial system and asked the State Legal Services Authority to prepare suitable modules for the same. In his concluding remarks, His Lordship stated that all the stake holders should work together to bring wind of change. Main activities/events/initiatives done / taken by the H.P. Judicial Academy, Shimla. (30) H.P. Judicial Academy, Shimla, has organized a conference on Gender Sensitization in collaboration with National Commission for Women wherein 111 Judicial Officers, 6 Law Teachers and 36 Law Students participated. (31) H.P. Judicial Academy, Shimla in collaboration with High Court of Himachal Pradesh and National Judicial Academy, has organized Regional Judicial Conference on Strengthening Delivery System: Tools and Techniques (North Zone) for the Judicial Officers under the Jurisdiction of Hon ble High Courts of Delhi, Punjab & Haryana, Allahabad, Uttarakhand, Himachal Pradesh and Jammu & Kashmir, wherein 102 Judicial Officers participated. (32) Nomination of Judicial Officers for attending the Conferences/ Workshops: The Judicial Officers of the State of Himachal Pradesh are also being nominated to attend the trainings/conferences/ workshops at National Judicial Academy, Loknayak Jayaprakash Narayan, National Institute of Criminology and Forensic Science and other Academies/ Institutions, from time to time. (33) Construction of Judicial Academy Campus at Ghandal: The Construction of Phase-I of Himachal Pradesh Judicial Academy campus at Ghandal is in full swing and the construction work of Hostel Block has been completed. The Hostel Block of Himachal Pradesh Judicial Academy was inaugurated by His Lordship, Hon ble Mr. T.S. Thakur, Chief of India, on 19 th August, The construction of Administrative Block and Staff Hostel is also in full swing and nearing completion. (34) Place of Functioning of Academy: Himachal Pradesh Judicial Academy has shifted to its new campus at Ghandal and has started functioning from its headquarters at Ghandal,

12 12 P.O. Shakrah, Sub Tehsil Dhami, District Shimla (Himachal Pradesh). *****

13 13 CHAPER-3 LANDMARK DECISIONS OF PUBLIC IMPORTANCE High Court of Himachal Pradesh though a small High Court but has enjoyed a good reputation of delivering judgments and orders which are in the category of landmark judgments in the judicial history of our country. Even during the year, 2016, it has delivered various judgments and laid down many decisions of public importance, a few judgments delivered during the quarter to , deserving mention are: Hon ble Mr. Mansoor Ahmad Mir, C.J. & Hon ble Mr. Tarlok Singh Chauhan, J. Samriti Gupta and another vs. State of H.P. and Others ILR 2016 (I) HP 403 No Objection Certificate was issued in favour of the petitioner and similarly situated persons to appear as State sponsored candidates for admission in super specialty courses in All India Institute of Medical Science. It was successfully challenged before the Administrative Tribunal. It was held that the respondents were strangers and there cannot be any public interest litigation in service matters. If public interest litigation is allowed to be entertained by the Tribunal, it will defeat the very purpose of Constitution of Tribunal. A person who has no right to any post and is not concerned with the service matter is not entitled to file an original application before the tribunal and only an aggrieved person can do so. Hon ble Mr. Rajiv Sharma, J. Satish Sharma vs. Hem Chand and others, ILR 2016 (I) HP 59 The effect of non-registration of partnership was considered in this case and it was held that a suit for the recovery of money on the basis of contract between the parties cannot be filed by an un-registered firm. It has to be specifically pleaded by the firm that it is a registered firm and is entitled to file a suit, in absence of which the suit will not be maintainable. Since the firm was unregistered, therefore, the suit was held to be not maintainable. Hon ble Mr. Sanjay Karol, J. Sanjay Kumar vs. Pushpa Devi, ILR 2016 (I) HP 283 Rent Controller found the respondent in arrears of rent and ordered the eviction on the ground of nonpayment of rent. He further ordered that the tenant will not be evicted if the arrears are paid within 30 days. Rs.117/- was shown as cost in the memo. The tenant deposited the amount specified in the order, but the amount of cost shown in the memo was not deposited. It was held that the tenant is required to pay the arrears of rent along with cost and interest to avoid eviction. Since, the amount of cost was specifically reflected in the memo, therefore, the tenant was under an obligation to deposit the same in absence of which he was liable to be evicted. Hon ble Mr. Tarlok Singh Chauhan, J. Court on its own motion versus State of H.P. and others CWPIL No. 16 of 2014 decided on Court took notice of a news item published in daily newspaper highlighting the illegal use of Oxytocin in fruits, vegetables and on milching animals and issued directions to bring about an efficient Drug Regulatory System at the Centre and the State for handling of the entire problem. Union of India was directed to establish an Academy for training all drug regulatory officers. Direction was also issued to make available testing facilities of Oxytocin at Kandaghat Laboratory. It was further directed that the licences of all the existing manufactures of drugs be examined to ensure that the same have been issued strictly in accordance with the Drugs and Cosmetics Act and Rules. Drug Controller was directed to place the details of the licences along with monthly statement of production on its website. A Special Task Force was ordered to be constituted to ensure that no prohibited and regulated drug is readily available. The

14 14 wholesalers and retailers were mandated to maintain the records. Government was directed to deploy sufficient police personnel to ensure that no prohibited or contraband drugs enter into the State. The feasibility of restricting the manufacture of Oxytocin in public sector companies was ordered to be explored. The competent authorities were directed to ensure sampling of milk and vegetables and to carry out prosecutions where products tests positive for Oxytocin. The police authorities were also directed to book all the offenders who are found to be using Oxytocin and public be informed about the misuse and abuse of drugs. Hon ble Mr. Tarlok Singh Chauhan, J. Smt. Kalawati Vs. Sh. Netar Singh & others CMPMO No. 492 of 2015 decided on Court examined the law relating to the co-sharers and the right of co-sharer to file a suit for injunction against another co-owner. It was held that in a suit for injunction the fact that the parties are co-owners or joint owners of the suit land is not the sole criterion for granting or refusing injunction. The conduct of the parties also plays an important role. In case the petitioner has raised the construction on the joint land prior to the filing of the suit, she is estopped from questioning the construction being raised by the respondents. It was further held that the petitioner has not approached the Court with clean hands and this is a sufficient ground for declining the injunction. Hon ble Mr. Dharam Chand Chaudhary, J. Sh. Pradeep Kumar Bhandari Versus Sh. Manohar Lal CR No. 150 of 2006 along with CMP Nos. 79/2012 & 15033/13, decided on 14 th March, 2016 Landlord filed a petition for eviction of the tenant on the plea that he required the premises for his married son and for his three daughters. The petition was allowed and eviction of the tenant was ordered. The appeal was also dismissed. During the petition another tenant vacated the premises and one person died due to which ground floor fell vacant. In revision, the court held that the subsequent events can be taken into consideration for determining bonafides of the land lord. The court has to decide whether in view of subsequent development the bona fide of the landlord still exists or not. Hon ble Mr. Mansoor Ahmad Mir, C.J. & Hon ble Mr. Tarlok Singh Chauhan, J. Rustam Garg & ors Versus Himachal Pradesh Public Service Commission CWP No.699 of 2016 with CWP No.700 of 2016 decided on Petitioners appeared in H.P. Judicial service Judicial Service Preliminary Written Examination. The respondents invited objections qua the answer key. The petitioners filed objections to the same where after the respondents displayed the revised answer key. The petitioners allege that revised answer key is wrong and some of the questions are beyond the syllabus. It was held, that it was not permissible for the Court to intervene and examine the question papers, even if the questions pertained to the law. The Court does not have power to review the decision taken by the expert regarding the revised answer key. Court cannot undertake the task of the statutory authorities and substitute its own opinion for that of the experts. Hon ble Mr. Mansoor Ahmad Mir, C.J. & Hon ble Mr. Tarlok Singh Chauhan, J. Sh. Ali Mohammed Versus State of H.P. and others CWP No of 2015 decided on Petitioner filed a writ petition regarding the alleged illegal constitution of Himachal Pradesh Waqf Board and arbitrary nomination made by the State to the Electoral College. No material was placed on record to show that petition was filed in public interest. It was held that Public interest litigation can be filed at the instance of bonafide litigant and cannot be used to disguise personal or individual grievance. The Court should be careful while entertaining public interest litigation. Hon ble Mr. Rajiv Sharma, J. Ganesh Paul Versus Kanta Devi and others CMPMO No. 201/2011 decided on March 1, 2016 Plaintiff filed an application for amendment in a suit for declaration and possession which was dismissed by the trial Court holding that it was filed after framing the issues. Affirming the order, it was held that the plaintiff had not shown as to why amendment could not be sought at the earlier stage of trial. The Court has to arrive at a conclusion that despite due diligence, plaintiff could not have raised the matter before the commencement of the trial. Hon ble Mr. Rajiv Sharma, J. And Hon ble Mr. Thakur, J.

15 15 Bhartiya Govansh Rakshan Sanverdhan Parishad, H.P Versus Union of India & ors. CWP No of 2014 decided on In this case the question of construction of gausadans for housing the cows was considered. Direction was issued to Deputy Commissioners to finalize the land transfer cases at the earliest. Conservator of Forest was directed to obtain necessary permission under Forest Conservation Act. The Department of Animal Husbandry and other departments were directed to ensure the release of funds for the construction of gausadans. Directions were also issued to transport the animals in accordance with the Transport of Animals Rules, The Addl. Chief Secretary was directed to release Rs.5 crores subject to availability of funds to the urban bodies to construct gausadans to house the cows and other stray cattle. The State of Himachal Pradesh was directed to set up State Level Farmers Commission as recommended by National Commission on Farmers. The State of Himachal Pradesh was further directed to formulate a Scheme for waiver of loans to the extent of at least Rs. 50,000/- or in the alternative to permit them to pay the loans in installments by reducing the rate of interest by creating corpus in consultation with Nationalized/Gramin/Co-operative Banks. The Chief Secretary was also directed to formulate a Scheme for providing insurance cover to the crops of farmers in consultation with National Insurance Companies. Direction was issued to file the status report within three months. Hon ble Mr. Rajiv Sharma, J. Neeraj Sharma Versus Brij Mohan Gautam RSA No. 503 of 2004 decided on: The plaintiff was owner of the Bus, which was stopped by the defendant and the route permit of the plaintiff was snatched as a result of which the Bus could not be plied by the plaintiff. The defendant came up with the plea that he wanted to return the permit but plaintiff refused to accept the same, but he could not prove as to when he returned the permit to the plaintiff. The defendant also admitted that route permit could not be renewed and he undertook the responsibility of renewing it and paying the damages. The plaintiff had led satisfactory evidence to show that income from the bus was Rs. 1650/- per day. Suit was rightly decreed by the first appellate court. Hon ble Mr. Rajiv Sharma, J. Roop Lal Gautam Versus State of H.P. Cr.M.P. (M) No. 258 of 2016 Decided on: Direction was issued to the State to ensure that all the treatment plants are run by the officers/officials of the I&PH Department to ensure quality/safety of drinking water and the samples be lifted every 48 hours to maintain its quality. State was also directed to set up the State of Art facilities to analyze water samples within 12 hours. Hon ble Mr. Rajiv Sharma, J. Yog Kaku versus State of Himachal Pradesh and another CrMMO No. 235/2015 Decided on: March 18, 2016 It was held that the correct stage for substitution of sections would be at the time of framing of charge. The Magistrate cannot add or subtract sections at the time of taking cognizance. It is open for the prosecution to contend only at the time of framing of charge that charge should be framed in some other sections. Sl. N o. Coram Landmark Decisions of Public Importance Nature of the case with No. (w.e.f., to ) Title of the case Subject matter of the decision, in brief Date of decision Hon ble CWP Ramesh Kumar vs. Petitioner had sought directions to the Mr. No.3017 of State of H.P. and respondent/ Authorities to prevent Mansoor Ahmed 2015 others respondent No.11/ contractor, from Mir, Chief and Hon ble Mr. Tarlok Singh Chauhan, causing any damage to the link road connecting Kandaghat Rest House, owned by the H.P. Public Works Department and the office of the H.P. State Electricity

16 16 Judge. 2. Hon ble Mr. Mansoor Ahmed Mir, Chief and Hon ble Mr. Thakur, Judge. LPA No.133 of 2015 & LPA 153 of 2014 HPSEBL vs. Bharat Bhushan Board, with National Highway 22, In the event of any damage to the road, directions were also sought to restore it to its original position and that necessary action, as warranted under the law, be initiated against respondent No.11. In the facts of the case, the Chief Secretary to the Government of Himachal Pradesh was directed to conduct an inquiry and pinpoint the officers who have not drawn action against respondent No.11 within time and also examine under what circumstances the penalty imposed upon respondent No.11 was reduced from Rs.3,02,748/- to Rs.50,458/-. The inquiry was ordered to be completed within two months and action was to be drawn, as warranted under the law/rules, occupying the field. These appeals were directed against the judgment, dated 30th June, 2014, passed by the learned Single Judge of this Court in CWP No.4854 of 2013, whereby the writ petition was partly allowed and the writ respondents were directed to release the salary for the period the writ petitioner remained under suspension, and other retiral service benefits to the writ petitioner. Petitioner was initially appointed as Junior Engineer (Electrical) in the Electricity Board in the year, 1977 and was thereafter, promoted to the post of Assistant Engineer in the year, 1995 and was posted at Rongtong Power House, Sub Division, Rangrik, Lahaul and Spiti. During his posting, a complaint was lodged against the petitioner and he was reverted to the post of Junior Engineer and his services were placed under suspension. After a lapse of one year, an FIR was lodged against him. The writ respondents/ Department promoted the persons junior to the writ petitioner to the post of Assistant Engineers and also to the next promotional post. The writ petitioner has also pleaded that the writ respondents, without holding any departmental inquiry against him, have kept him under suspension for a sufficient long time i.e. for about 13 years. Even, in the FIR lodged against the petitioner, no challan was presented before the competent court of law. The petitioner had prayed for quashing of the suspension order dated 15th September, 1999 as also directing the respondents to release all service benefits to him w.e.f. March, 2000 alongwith interest at the rate of 9% per

17 17 3. Hon ble Mr. Mansoor Ahmed Mir, Chief and Hon ble Mr. Sandeep Sharma, Judge. LPA No.132 of 2015 Sumna Devi vs. State of H.P. and others annum. Directions were also sought to consider the case of the petitioner for promotion to the next promotional post w.e.f. 4th November, 2006, on which date his juniors were promoted. The impugned judgment was set aside so far as it related to the release of gratuity and other retiral benefits. As far as release of salary for the period during which the writ petitioner remained under suspension was concerned, the writ respondents were directed to release the salary to the writ petitioner, as admissible, for the said period after adjusting the amount already paid to him towards subsistence allowance. Except provisional pension, promotional benefit and other retiral service benefits including gratuity etc. shall be subject to the outcome of the criminal trial. Since the FIR was registered in the year 2001, therefore, the trial Court was directed to conclude the trial as early as possible, preferably within three months from today. The writ petitioner /appellant was appointed as Anganwari Worker in Anganwari Centre, Sayokar, District Hamirpur, H.P. on She joined as such on in the said Anganwari Centre. One Anjana Devi, who had not participated in the selection process, questioned the appointment of Sumna Devi, by the medium of appeal before the Deputy Commissioner, Hamirpur, H.P. The Dy. Commissioner, vide order dated cancelled the appointment of Sumna Devi/appellant herein and directed the DPO(ICAS) to invite fresh applications for the post of Anganwari Worker at Anganwari Centre, Sayokar, by giving wide publicity. Sumna Devi/ appellant aggrieved by the said order of the Deputy Commissioner, filed an appeal before the Divisional Commissioner, who, vide order dated , accepted the appeal and set aside the order dated made by the Deputy Commissioner and Sumna Devi/appellant herein was allowed to continue to work as such. It was held that the de facto experience is also an experience in the eyes of law. Also held that it can be safely said that granting of "3" marks for experience by the authorities is right decision. Thus, the authorities have rightly made the engagement of the petitioner/appellant herein

18 18 4. Hon ble Mr. Mansoor Ahmed Mir, Chief and Hon ble Mr. Tarlok Singh Chauhan, Judge. 5. Hon ble Mr. Mansoor Ahmed Mir, Chief and Hon ble Mr. Tarlok Singh Chauhan, Judge. LPA No. 91 of 2011 LPA No.228 of 2012 alongwith connected matters State of HP and others versus Babu Ram HIMURJA vs. Vikram Singh and others It was also held that Sunita Devi cannot claim any right in terms of the previous litigation because she had not applied and participated in that process and was not a party to that litigation. Had Anjana Devi not questioned the selection and appointment of appellant Sumna Devi in earlier round of litigation, Sumna Devi would not have got chance to apply in terms of fresh advertisement. Sumna Devi would have been in position till today without any disturbance. The impugned judgment was set aside; LPA and the writ petition are allowed. The order made by the Deputy Commissioner is set aside and engagement of the writ petitioner/ appellant herein is upheld. This Letters Patent Appeal was directed against the judgment dated , made by the learned Single Judge of this Court in CWP (T) No of 2008, titled Babu Ram versus State of H.P. and others, whereby the writ petition filed by the petitioner came to be allowed. Babu Ram, Petitioner came to be appointed as Electrician Grade-I in HP Public Works Department. He was promoted as Foreman (Electrical) Vide order dated and relieved on , for reporting his duty to Irrigation & Public Health Department Division No.2, and vide order dated petitioner joined as such at Jagroti Pumping Station and is serving as such. While allowing the appeal it was held that the delay takes away the settings of law. A person who does not seek relief within time, his petition has to be dismissed only on the grounds of delay and laches, otherwise, it would amount to gross misuse of jurisdiction and disturb the settled position. Letters Patent Appeals were directed against the common judgment made by the learned Single Judge/Writ Court, whereby all the writ petitions came to be allowed. The pleadings and the documents annexed with the writ petitions do disclose that the writ petitioners, respondents were engaged as Motivators on daily wage basis in terms of memorandum, dated 18th January, Their services came to be regularized on different dates. The writ petitioners invoked the jurisdiction of this Court by the medium of the writ petitions and prayed for writ of mandamus commanding the writ

19 19 6. Hon ble Mr. Mansoor Ahmed Mir, Chief and Hon ble Mr. Sandeep Sharma, Judge. 7. Hon ble Mr. Mansoor Ahmed Mir, Chief and Hon ble Mr. Thakur, Judge. LPA 251 of 2010 LPA No.317 of 2010 Ajay Kumari vs. State of H.P. and others Sanatan Dharam Adarsh vs. Ramesh Chander respondents to fix their pay in the pay scale of from the date of their initial appointments with a further command to refix their pay and to grant the arrears alongwith interest. The LPAs were allowed and impugned judgments set aside by holding that that regularization/ absorption is not a matter of course and would depend upon facts of the case and can only be done by strict adherence to rules and regulations and cannot be done de hors the rules. Smt. Ajay Kumari, appellant/ writ petitioner was facing a departmental inquiry, culminated into the punishment whereby two increments came to be withheld with cumulative effect, The writ petitioner/ appellant filed an appeal before the authority concerned, which, too, was dismissed, constraining her to invoke the jurisdiction of the H.P. State Administrative Tribunal, which was transferred to this Court. The learned Single Judge dismissed the writ petition. This Court allowed the LPA and held that withholding of increments of pay without further order or direction is a minor penalty. Withholding of increments of pay with cumulative effect does not find place in the description of minor penalties, is a major penalty. In the facts of the case, held that minor punishment of stoppage of two increments was to be imposed upon the appellant/writ petitioner. This Letters Patent Appeal was directed against judgment, dated 27th October, 2010, delivered by the Single Judge/Writ Court in CWP No. 234 of 2006, titled as Ramesh Chander Ladohia versus Sanatan Dharam Sabha and others, whereby the writ petition filed by the writ petitioner/respondent No. 1 came to be allowed and the decision of the appellants/writ respondents No. 1 to 3 to retire the writ petitioner/respondent No. 1 at the age of 58 years was declared illegal with a direction that the writ petitioner/respondent No. 1 shall be deemed to have retired after attaining the age of sixty years. The LPA was allowed and it was held in the facts of the case that the writ petitioner/respondent No. 1 was caught by delay, laches, waiver and acquiescence. Further held that without questioning the letter of approval, Scheme, Guidelines and the office order retiring him at the age of

20 20 8. Hon ble Mr. Mansoor Ahmed Mir, Chief and Hon ble Mr. Tarlok Singh Chauhan, Judge. 9. Hon ble Mr. Mansoor Ahmed Mir, Chief and Hon ble Mr. Tarlok CWP 364 of 2016 CWP No.65 of 2009 Partap Singh Verma vs. State of HP and others Deen Chand vs. State of H.P. and others 58 years, the writ petition was not maintainable. Petitioner, in terms of advertisement notice, came to be appointed as District Child Protection Officer (DCPO) in District Shimla vide appointment letter dated , under the "Centrally Sponsored", "Integrated Child Protection Scheme" on contract basis for a period of one year on the basis of Selection and Appointment Process. His tenure was extended from to He made representation for further extension on the analogy of similarly situated District Child Protection Officers (DCPOs), vide representation but, his request was not acceded to. Accordingly, the petitioner filed Original Application before the H.P. State Administrative Tribunal along with an application for interim direction, but no relief came to be granted in favour of the petitioner and respondents were only directed to consider the case of the applicant to work as Child Protection Officer, vide order dated In the meantime, respondent No.2 vide order dated , rejected the case of the petitioner for further extension. The petitioner filed COPC before the Tribunal, which was ordered to be listed alongwith Original Application vide order dated Vide order dated , the petitioner was allowed by the Tribunal to amend the Original application. The petitioner made another attempt to get orders from the Court by filing CMPMO No. 23/2016 before this Court, during the pendency of the Original Application, which was dismissed as withdrawn on Thereafter, the petitioner invoked the jurisdiction of this Court by the medium of the writ petition in hand on , during vacation in the High Court, seeking same reliefs, as sought in the Original Application, that too, during the pendency of the Original Application, before the Tribunal. This Court held that the judicial system has been abused and cost of Rs.1.00 lac was imposed upon the petitioner for misusing the process of Court. The petitioner during demarcation conducted by the revenue authorities, was found to have made encroachment over the forest land. Patwari of the Circle concerned submitted a Tatima, duly verified by the Kanungo concerned, to the

21 21 Singh Chauhan, Judge. 10. Hon ble Mr. Mansoor Ahmed Mir, Chief and Hon ble Mr. Tarlok Singh Chauhan, Judge. CWP No.3084 of 2015 Asif Beg vs. Estate Officer/Station Commander Forest Department, where after, challan was sent by respondent No.1 i.e. Range Officer, Bhuthi, District Kullu to respondent No.2, Divisional Forest Officer, Kullu Forest Division, exercising the powers of Collector under the H.P. Public Premises and Land (Eviction and Rent Recovery) Act, 1971, for initiating proceedings against the petitioner for eviction. The petitioner filed reply to the said show cause notice. During the pendency of the proceedings, on the request of the petitioner, the Collector ordered fresh demarcation of the property in dispute by the Tehsildar. The Tehsildar deputed the Field Kanungo alongwith Patwari Halqua to demarcate the same. The said Field Agency, after issuing notice to all concerned, demarcated the land in dispute. The petitioner did not remain present, but his son, namely, Dile Ram was present on the spot during the demarcation. The Field Kanungo found the petitioner to be in unauthorized possession, prepared the report and submitted the same to the Tehsildar, who, in turn, forwarded the same to the Collector. After appreciating the facts, this Court held that a person who seeks equity must do equity. In the instant case, the petitioner has not approached this Court with clean hands, therefore, cannot claim relief on the basis of equity. The proceedings were initiated against the petitioner by the Collector in the year, 1998 and the writ petition was on the docket of this Court for the last more than seven years, despite willingness given before the Collector, referred to hereinabove, has not surrendered the unauthorized possession, is suggestive of the fact that the petitioner has misused the process of Revenue Courts and of this Court also. Therefore, the writ petition was dismissed with costs to the tune of Rs.50,000/-. Writ petitioners filed the writ petition for quashing and setting aside orders evicting the petitioners from khasra number 559 old number 356 min measuring 43 bighas in estate Shasherpur Chhawni, Tehsil Nahan District Sirmour. After examining the facts and law, the matter was referred to the larger Bench. As an interim measure, the operation of the impugned orders was stayed till further orders and the respondent was directed to unlock the

22 Hon ble Mr. Mansoor Ahmed Mir, Chief, Judge. FAO No.60 of do- FAO No.53 of do- FAO 336 of do- FAO No. 22 of do- FAO No.203/2010 alongwith connected matters Manoj Kumar and others vs. Rajesh Kumar and others Om Parkash vs. Dilawar Singh and others Rajesh Kumar Dhiman versus Krishan Dutt Verma and others Nimo Devi and another versus Punjab Roadways Transport Corporation and another Nati Devi and another versus Maya Devi and others workshop and the cowshed. The claimants filed claim petition under the Motor Vehicles Act for grant of compensation. The Tribunal only granted Rs.50,000/- under no fault liability. The claimants filed the appeal before this court. This court, while allowing the claim petition, held that negligence on the part of the driver of the offending vehicle has to be decided on the hallmark of preponderance of probabilities and not on the basis of beyond reasonable doubt and granted compensation to the tune of Rs.3,76,000/- under different heads and the insurer was saddled with the liability. Claimant filed claim petition on account of injuries sustained by him in a vehicular accident. The Tribunal awarded Rs.8.00 lacs as compensation. This Court keeping in view the 80% permanent disability suffered by the claimant in his left leg, enhanced the compensation to Rs lacs, under different heads. Claimant filed claim petition before the Tribunal. The Tribunal granted compensation to the tune of Rs.5,03,000/- and saddled the owner/insured with the liability. Owner insured filed appeal. The Offending Vehicle was Not Transferred at the time of renewal of the insurance policy, it was still registered in the name of the previous owner/registered owner. Thus, the question of renewal of the insurance policy in the name of new owner of the offending vehicle does not arise and this Court exonerated the insured/ owner from the liability and saddled the insurer with liability. Claim petition filed by claimants before the Tribunal was dismissed. The claimant came in appeal and this Court while allowing the appeal held the claimants entitled for compensation to the tune of Rs. 5,44,000/- under different heads by holding that the standard of proof in criminal and civil cases is altogether different as in claim petition, prima facie proof is required. Claimant filed claim petition before the Tribunal. The Tribunal granted different amount of compensation to the claimants and saddled the owner/ insured with the liability. Owner insured filed appeal. Claimants have also filed the appeals. Held that the deceased were traveling in the offending vehicle as labourers and risk of six labourers was covered. The insurer was saddled with the liability and

23 do- FAO No.484 of 2015 alongwith connected matters New India Assorance Co. versus Mani and another 17. -do- 292 of 2010 M/s Bakshi Ram Rattan Chand versus Vijay Kumar and others 18. -do- FAO 599 of Hon ble Mr. Sanjay Cr.Appeal No.280/2014 Shri Raj Pal Yadav and another versus Jamna Devi and another Hem Raj Vs. State of H.P. compensation was enhanced in view of the facts of the each case. It was also held that the appellate Court while deciding appeals under Section 173 of the MV Act can enhance the compensation even in the absence of any appeal or cross objections. The claimants filed claim petitions before the two tribunals and the Tribunals granted the compensation accordingly. However, one Tribunal saddled the insurer with the liability and another saddled the insured, in claim petitions arising out of a common accident. In all these connected appeals only insurer came to be saddled with the liability by this Court with the prevailing rate of the interest. The claim petition filed by the claimant for grant of compensation on the ground of damage having caused to the building, shop house and articles, was dismissed having been abated. The claimant filed appeal and while hearing the appeal question before the Court was whether the provisions of Limitation Act are applicable to the claim petitions and it was held that there is no limitation for filing claims before the Tribunal. It was also held that provisions of Order 22 CPC have not been made applicable to the proceedings under the Act. Accordingly, the matter was remanded to the Tribunal for determination of the claim petition The claimant filed claim petition before the Tribunal and Tribunal granted compensation to the clamant saddling the owner and driver with the liability. Diver and owner were set ex parte before the Tribunal. The appeal has been filed by the driver and owner against the order setting aside them ex parte without questioning the main award. This Court determined both the orders setting aside the ex parte and the main award by this common judgment and held that in case the claimant has not questioned the award, the Court while hearing the appeal can suo motu modify the award and enhance the compensation. It was also held that the if an order is required to be passed and impugned award is to be modified or reversed, the appellate Court has power to do so, in order to achieve the goal of social legislation without their being any cross appeal or cross objections. The insurer was saddled with the liability. Appeal against conviction u/s 20 NDPS Act dismissed and conviction upheld

24 24 Karol and Hon ble Mr. P.S. Rana, Judges. 20. Hon ble Mr. Sanjay Karol and Hon ble Mr. P.S. Rana, Judges. 21. Hon ble Mr. Sanjay Karol and Hon ble Mr. Ajay Mohan Goel, Judges. 22. Hon ble Mr. Sanjay Karol and Hon ble Mr. Ajay Mohan Goel, Judges. 23. Hon ble Mr. Sanjay Karol and Hon ble Mr. Tarlok Singh Chauhan, Judges. Cr.Appeal No.213/2012 Cr.Appeal No.472/2007 a/w 504/2007 Cr.Appeal No.26/2014 CWP No.931/2016 a/w 932, 947 to 954, 984, 1022, 1095 & 1197/2016 State of H.P. Vs.Kishori Lal State of H.P. Vs. Asha Rani Firoz Khan Vs. Narcotic Control Bureau Dr.Vinay Bhardwaj Vs. State of H.P. Appeal against acquittal u/s 376, 342, 498 and 323 IPC dismissed. Appeals against acquittal u/s 302, 364/34 IPC dismissed Appeal against conviction u/s 20 (B) (ii)(c) NDPS Act dismissed and conviction upheld. Admission to Post Graduate Degree Courses in IGMC and Tanda Medical Colleges Hon ble Mr. Sanjay Karol and Hon ble Mr. Ajay Mohan Goel, Judges 25. Hon ble Mr. Sanjay Karol and Hon ble Mr. Ajay Mohan Goel, Judges Cr.Appeal No.495/2009 Cr.Appeal No.359/2011 State of H.P. Vs. Shardu Gurnam Singh Vs. State of H.P. Appeal against acquittal u/s 302/34 IPC dismissed. Appeal against conviction u/s 304(Part-I) IPC allowed and conviction u/s 304(Part-I) IPC set aside and accused convicted u/s 304(Part-II) IPC Hon ble Mr. Sanjay Karol and Hon ble Mr. P.S. Rana, Judges 27. Hon ble Mr. Sanjay Karol and Hon ble Mr. Ajay Cr.Appeal No.4109/2013 a/w 4232/2013 & 230/2015 Cr.Appeal No.285/2009 Gurmukh Singh Vs. State of H.P. State of H.P. Vs. Chunni Lal Appeal against conviction u/s 376 IPC and 4 of the POCSO Act dismissed and conviction upheld. Appeal of the State also dismissed. Appeal of State against acquittal u/s 498- A, 306/34 IPC allowed and accused convicted and sentenced u/s 498-A, 306/34 IPC

25 25 Mohan Goel, Judges 28. Hon ble Mr. Sanjay Karol and Hon ble Mr. Ajay Mohan Goel, Judges 29. Hon ble Mr. Sanjay Karol and Hon ble Mr. Ajay Mohan Goel, Judges 30. Hon ble Mr. Sanjay Karol and Hon ble Mr. Ajay Mohan Goel, Judges 31. Hon ble Mr. Sanjay Karol and Hon ble Mr. Ajay Mohan Goel, Judges 32. Hon ble Mr. Mansoor Ahmed Mir, Chief and Hon ble Mr. Thakur, Judges. Cr.Appeal No.247/2008 CWP No.2661/2015 Cr.Appeal No.91/2011 Cr.Appeal No.351/2010 CWP No.912 of 2007 along with connected matters. State of H.P. Vs. Jagmohan Avnish Kant Tiwari Vs. High Court of H.P. State of H.P. Vs. Satpal State of H.P. Vs. Ram Singh Munshi Ram & Ors. Vs. State of H.P. & Ors. Appeal against acquittal u/s 302, 201/34 IPC dismissed. Petition for fixing the quota for promotion to the Post of Section Officer from 5:1 to 7:1 from Supdt.Grade-II and Revisor. Petition dismissed. Appeal of State against acquittal u/s 306 IPC allowed and accused convicted and sentenced u/s 306 IPC. Appeal of State against acquittal u/s 376 IPC allowed and accused convicted and sentenced u/s 376 IPC. - For initiation of proceedings by the appropriate Government for bringing to acquisition the lands of the land owners besides in consummation thereof for the benefit of the cement companies respectively nomenclatured as M/s.Jai Parkash Associates Ltd., M/s.Ambuja Cement Ltd. for securing validation from this Court enjoined strict compliance by the appropriate Government with the mandate of the apposite provisions engrafted in the Land Acquisition (Companies) Rules, The petitioners pray for quashing of notification under Section 4 of the Land Acquisition Act issued by the respondent- State as also they pray for quashing of report submitted by the Collector under Section 5A of the Act besides for quashing of notifications issued by the competent authority under Sections 6 and 7 of the Act. Petitions dismissed.

26 Hon ble Mr. Mansoor Ahmed Mir, Chief and Hon ble Mr. Thakur, Judge. 34. Hon ble Mr. Rajiv Sharma, Judge and Hon ble Mr. Thakur, Judge. LPA No.430 of 2012 along with connected matters. Cr.A No.499 of Pankaj Sharma & Ors. Vs. HPSEB & ors State vs. Kunju Ram. : Issue regarding seniority inter se the promotees to the Post of Assistant Engineers vis-à-vis direct recruits. The respondent-board directed to draw a comprehensive seniority list in consonance with the apposite Recruitment and Promotion Regulations. Petitions disposed of. Appeal against acquittal under Sections 409, 420, 467, 468, 471 of the Indian Penal Code and Section 13(2) of the Prevention of Corruption Act Hon ble Mr. Rajiv Sharma, Judge and Hon ble Mr. Thakur, Judge. 36. Hon ble Mr. Rajiv Sharma, Judge and Hon ble Mr. Thakur, Judge. Cr.A No.75 and 225 of Cr.A No.529 of Atul Thakur vs. State. Suresh Kumar vs. State. Appeal preferred by the State against acquittal of the accused stands dismissed and the impugned judgment of the learned trial Court stood maintained and affirmed. - Appeal under Section 304 Part II IPC preferred by the appellant/accused. The conviction of accused under Section 304 Part II recorded by the learned trial Court modified to under Section 302 IPC and sentenced to simple imprisonment for life. Appeal against conviction preferred against the judgment of the learned trial Court whereby he was convicted and sentenced under Sections 302, 120-B and 201 of the Indian penal Code Hon ble Mr. Rajiv Sharma, Judge and Hon ble Mr. Thakur, Judge. Cr.Appeal No.196 of State vs. Sanjay Kumar. Appeal allowed and the appellant/accused acquitted of the offences charged. Appeal against acquittal preferred by the State of H.P. Sections involved in the offence 302 and 201 IPC

27 Hon ble Mr. Rajiv Sharma, Judge and Hon ble Mr. Thakur, Judge. Cr.A No.226 of State vs. Shyam Lal. Appeal dismissed and the judgment of the learned trial Court maintained and affirmed. : Appeal against acquittal preferred by the State of H.P. Sections involved in the offence 302, 392 and 201 IPC. Appeal dismissed and the judgment of the learned trial Court maintained and affirmed Hon ble Mr. Rajiv Sharma, Judge and Hon ble Mr. Thakur, Judge. 40. Hon ble Mr. Rajiv Sharma, Judge and Hon ble Mr. Thakur, Judge. Cr.A No.342 of CWP 4721 of State vs. Vitaly Levitsky. Raj Kumar vs. Institute of Hotel Management & Anr. Appeal against acquittal preferred by the State of H.P. under Section 302 IPC. Appeal dismissed and the judgment of the learned trial Court maintained and affirmed. To consider the candidature of the petitioner for the post of Assistant Lecturer for the selection process, which has to be instituted in pursuance to the advertisement notice under SC Category Hon ble Mr. Rajiv Sharma, Judge and Hon ble Mr. Thakur, Judge. Cr.Appeal No.173 of Sarwan Singh vs. State. Writ petition dismissed. Two appeals preferred by the State and Complainant Karmi Devi respectively for enhancement of sentence for converting the sentence passed by the learned trial Court under Section 325 IPC to the one under Section 302 IPC. The appellant Swaran Singh also preferred an appeal against his conviction recorded by the learned trial Court under Section 325 IPC Hon ble Mr. Rajiv Sharma, Judge CWP No.1129 of Pritam Singh vs. NHPC & Anr. The appeals of the complainant and the State were accepted by this Court and converted the sentence passed by the learned trial Court from Section 325 IPC to the one under Section 302 IPC. :- Whether the petitioner is to be treated on

28 28 and Hon ble Mr. Thakur, Judge. duty on his being acquitted by the High Court in an appeal preferred by him instead of his standing granted leave of kind due by his employer i.e. NHPC for the period when he remained in custody? 43. Hon ble Mr. Rajiv Sharma, Judge and Hon ble Mr. Thakur, Judge. Cr.A No.440 of State vs. Dheeraj Kumar. Petition dismissed. : Appeal against acquittal preferred by the State of H.P. under Sections 376 and 506 IPC Appeal dismissed and the judgment of the learned trial Court maintained and affirmed 44. Hon ble Mr. Dharam Chand Chaudhary, Judge and Hon ble Mr. Thakur, Judge. 45. Hon ble Mr. Dharam Chand Chaudhary, J. 46. Hon ble Mr. Dharam Chand Chaudhary, J and Hon ble Mr. Sandeep Sharma, J. 47. Hon ble Mr. Dharam Chand Chaudhary, J. 48. Hon ble Mr. Dharam Chand Chaudhary, J. Cr.A No.470 of C.R. No.41 of 2016 Cr. Appeal No.411 of 2011 C.R. No.186 of 2008 C.R. No.40 of State vs. Vinod Kumar & Ors. Jagir Singh and others Vs. Ajayveer Singh State of H.P. Vs. Des Raj (DB matter) Hargopal Singh and others Vs. Prem Sagar & others Maj. General (Retd.) S.C. Suri Vs. Himalayan Brahmo Samaj Mandir & others. Appeal against acquittal preferred by the State of H.P. under Sections of the NDPS Act. Conclusion Appeal dismissed and the judgment of the learned trial Court maintained and affirmed If the suit is likely to fail due to some formal defect, the same can be ordered to be dismissed as withdrawn with liberty to file fresh, U/O 23 Rule 1(1) CPC Held Where the independent witnesses have turned hostile to the prosecution case, whereas the official witnesses have supported its case, the testimony of the official witnesses should not be discarded, if otherwise inspires confidence. The requirement of associating independent witnesses is not a mere formality, but to ensure fairness in respect of search and seizure allegedly taken place during he course of investigation. Further held that where two possible views emerge on record, the view which favours the accused should be believed to be correct and the benefit of doubt to be given to him. Party seeking substitution of LRs of deceased and setting aside of the abatement, must show sufficient cause for seeking such relief. In case no notice is issued and leave to institute the suit is granted, the defendant may approach the Court concerned itself to seek revocation of leave so granted

29 Hon ble Mr. Dharam Chand Chaudhary 50. Hon ble Mr. Dharam Chand Chaudhary, J. 51. Hon ble Mr. Dharam Chand Chaudhary, J. 52. Hon ble Mr. Dharam Chand Chaudhary 53. Hon ble Mr. Dharam Chand Chaudhary 54. Hon ble Mr. Dharam Chand Chaudhary 55. Hon ble Mr. Dharam Chand Chaudhary, J. 56. Hon ble Mr. Dharam Chand Chaudhary, J. 57. Hon ble Mr. Dharam Chand Chaudhary, J. RSA No.31 of 2005 RSA No.373 of 2011 RFA No.24 of 2010 alongwith connected matters CR No.6 of 2016 CMPMO No.79 of 2016 C.R. 59 of 2016 CMPMO No.518 of 2016 RFA No.205 of 2008 CMPMO No.17 of 2015 Sudesh Kumar Vs. M/s Shivalik Hatcheries Pvt. Limited. State of H.P. Vs. Smt. Prabhu Devi. Vidya Sagar Vs. LAC and other connected matters Rakesh Kumar and another Vs. SREI Equipment Finance Private Limited. Prithvi Raj Vs. Cantonment Board, Dalhousie Smt. Lila Devi and another Vs. Jagdish Chand Smt. Savita Kumari Vs. H.P. Housing & Urban Development Authority & others Sumati Devi Vs. Dalip Singh and another Vipin Khanna Vs. Narinder Kumar. When the defendant has admitted the plaintiff s case on all material aspects including receipt of notice under Section 106 of T.P. Act, the judgment and decree cannot be violative of the provisions of Orders 14 and 18 CPC. Though the claimant did not file any appeal against the award, yet in exercise of power under Order 41 Rule 33 CPC, she is also entitled to the award of compensation at the enhanced rates. When the land is acquired for a public purpose, namely construction of road or for that matter of construction railway line, its market value should be determined at flat rates, irrespective of its nature and category. The Executing Court cannot go into the legality and validity of the award passed by the Arbitrator. It can only be agitated either before the Arbitrator or the High Court, which has transferred the decree for execution to the Executing Court. A person in unauthorized possession of any property and for that matter even a trespasser cannot be evicted therefrom, except for observance of due process of law. Irrespective of rejection of objections to the report of Local Commissioner by the trial Court, the party concerned is still at liberty to agitate the question of its validity and admissibility at the time of final hearing of the matter before the trial Court. The interim injunction can only be granted in case there exists a prima-facie case in favour of a party seeking the same and balance of convenience should also lie in favour of such party. It must be shown prima-facie that refusal of grant of adinterim junction will result in miscarriage of justice and in that event the comparative mischief likely to be caused shall be greater to such party as compared to the opposite party. Statements contrary to the documentary evidence, are not sufficient to prove the allegation of adultery. Once tenancy is created in respect of a building standing on the land, it is the building and the land which are both components of the subject matter of demise and the destruction of the building alone does not determine the tenancy when the land which is the site of the building continues to exist

30 Hon ble Mr. Dharam Chand Chaudhary, J. 59. Hon ble Mr. Dharam Chand Chaudhary, J. 60. Hon ble Mr. Dharam Chand Chaudhary, J. 61. Hon ble Mr. Dharam Chand Chaudhary, J. 62. Hon ble Mr. Dharam Chand Chaudhary, J. 63. Hon ble Mr. Dharam Chand Chaudhary, J. 64. Hon ble Mr. Dharam Chand Chaudhary, J. 65. Hon ble Mr. Dharam Chand C.R. No.227 of 2016 FAO(HMA) No.306 of CMPMO No.114 of 2016 CMPMO No.147 of 2016 C.R. No.20 of 2008 Cr.MMO No.315 of 2015 CMPMO No.77 of 2015 C.R. No.17 of 2006 Suresh Kumar Vs. Om Prakash Kamal Sharma Vs. Smt. Minakshi Sharma Rajesh Vs. Budhi Ram and another Manohar Lal (since deceased) through LRs Vs. Sh. Vijay Pathania and another. Brij Kishore Chauhan Vs. Balwant Singh (since deceased) through LRs. Gursewak Singh and others Vs. State of H.P. and another The Chairman-cum- MD and another Vs. Anoop Kumar and another Bihari Lal Vs. Dina Nath The landlord is not required to produce a sanctioned plan nor to disclose the funds required for reconstruction and the eviction of tenant on the ground of rebuilding and reconstruction of building can be sought without it. Mental infirmity in the context of Order 32 Rule 15 CPC is not mental disorder, insanity or mental illness. Weakness of mind due to any reasons, making a person incapable or protecting his interests, is sufficient to unfold the protective umbrella under Order 31 Rule 15. The provisions contained under Order 8 Rule 1 CPC is directory and not mandatory. The Court seized of the matter, for the reasons to be recorded in writing, may allow filing of written statement even beyond the period of 90 days, if in its opinion the same is required for just decision of the case. However, in ordinary course the time schedule as provided under Order 8 Rule 1 CPC has to be followed as a rule and departure therefrom is an exception. The approach of the Sub Divisional Magistrate to dispossess the plaintiff from the shop, which was in his rightful possession by virtue of the interim order passed by the trial Court, is in violation of the interim order passed by the competent Civil Court. There cannot be violation of an order of injunction by a person unless he is pointedly injuncted not to do or to do certain things by a Court of law. Normally a party against whom an injunction order is passed can be proceeded against in contempt for disobedience of such order. An agent, servant or workman can also be proceeded for abetting violation of such order in case it is established that he had knowledge of such injunctive order passed by the Court. The High Court in exercise of inherent powers vested in it under Section 482 Cr. P.C. may quash FIR in a case where the offence allegedly committed by an accused though is not compoundable, however, the victim and the accused have settled the dispute amicably. Mere pendency of an appeal against an order or judgment does not amount to staying of execution proceedings automatically. A suit under Section 6 of the Specific Relief Act, 1963, is required to be tried summarily and the findings confined only

31 31 Chaudhary, J. 66. Hon ble Mr. Dharam Chand Chaudhary, J. 67. Hon ble Mr. Dharam Chand Chaudhary, J. 68. Hon ble Mr. Dharam Chand Chaudhary, J. 69. Hon ble Mr. Dharam Chand Chaudhary, J and Hon ble Mr. Chander Bhusan Barowalia, J. 70. Hon ble Mr. Dharam Chand Chaudhary, J. 71. Hon ble Mr. Dharam Chand Chaudhary 72. Hon ble Mr. Dharam Chand Chaudhary, J. 73. Hon ble Mr. Dharam CMPMO No.115 of 2016 Cr.MP (M) Nos.617 & 618 of Cr.MMO No.121 of 2016 Cr. Appeal No.569 of 2010 Arbitration Case No.92 of FAO (WCA) No.86 of 2009 Cr. MP(M) No. 691 of 2016 Cr. MP(M) 740 of 2016 Ankit Hire Purchase (P) Ltd. Vs. Neelam Kumari & others. Maman Chand Jain Vs. State of H.P. & connected matters Sh. R.K. Jha and another Vs. State of H.P. State of H.P. Vs. Tilak Raj and another(db) Sanjeev Prashar Vs. Executive Engineer and another. United India Insurance Co. Ltd. Vs. Prakasho Devi and others. Ajay Kumar Vs. State of H.P. Raj Kumar Vs. State of H.P. to the possession and dispossession of the plaintiff, within a period of six months from the date of its institution. No appeal is maintainable against the decree so passed in a suit under Section 6 of the Act. The only remedy available to the affected person is to file a regular suit establishing title to the suit property and recovery of possession. Though remedy of filing a revision is available, however, that too only by way of an exception. Comparison of signature by handwriting expert is of no use, unless the purpose for such comparison is shown. Custodial interrogation of accused is necessary when there are allegations that they are manufacturing spurious drugs and the offence they committed is not only against an individual, but against the public at large and not only serious but heinous also. FIR in exercise of the inherent powers vested in the Court under Section 482 Cr. P.C can only be quashed where the Court is satisfied that to allow the criminal proceedings to continue against the accused would amount to abuse of process of law. Petty quarrels cannot be termed as cruelty to attract the provisions of Section 498-A IPC. Causing mental torture to the extent that it becomes unbearable may be termed as cruelty. As regards the commission of offence under Section 306 IPC, the prosecution is required to prove beyond all reasonable doubt that some person has committed suicide as a result of abetment by accused. Mere fact that the sanction has been granted ex post facto and conveyed to the petitioner after the payment of final bill cannot be taken to arrive at a conclusion that he has approached for appointment of Arbitrator within the period of limitation. Held Merely because the sand was being transported in the trolley of the illfated tractor is not sufficient to arrive at a conclusion that the same was being plied for commercial purpose. Held- When the record, prima-facie, reveals relationship of accused and prosecutrix (aged 26 years) for the last about three years, the accused is entitled to bail, particularly when the Challan has also been filed in the Court. The alleged torture and harassment of deceased in matrimonial home on trivial

32 32 Chand Chaudhary, J. 74. Hon ble Mr. Dharam Chand Chaudhary, J. 75. Hon ble Mr. Dharam Chand Chaudhary, J. 76. Hon ble Mr. Dharam Chand Chaudhary, J. 77. Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, Judge. 78. Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, Judge. With Cr MP(M) 741,742,743 of 2016 CMPMO No. 136 and188 of 2014 Cr. Appeal No.143 of 2011 CMPMO No. 251 of 2016 CWP No.1971 of 2011 CWP No.429 of 2016 Municipal Commissioner, Shimla Vs. Bhanu Dutt Sharma State of H.P. Vs. Mousam Deen and another. Indira Mahindra Vs. Sh. Ashok Pal Sen and others Faryad Bhatti Vs. High Court of HP Rajesh Kumar & Ors Vs. State of HP & another issues, prima facie, can be termed to be the bear and tear of routine married life. The accused is entitled to bail. The proceedings under Section 253 of Municipal Corporation Act are quasi judicial in nature and it is only the bare minimum requirement that the observance of the principle of natural justice should be adhered to. Though the accused persons acquitted on account of material contradictions and certain improvements in the prosecution case, however, show cause notice ordered to be issued to independent witnesses for not disclosing the true facts while in the witness box. Prayer for examination of General Attorney in presence of the plaintiff declined. Held that in that event concept of appointment of General Attorney and pursuing the matters through them is likely to be adversely affected, particularly when the General Attorney is none-else, but own son of the plaintiff. Whether an employee who has simply been deployed to discharge his duties on higher post without actually been appointed either on substantive or officiating capacity can be held entitled to the salary and allowances of the higher post Conclusion Prayer of the petitioners for grant of salary and allowances of the post of Court Secretary dismissed. Petitioners registered as Class B Contractors and were aggrieved by issuance of the enlistment of the contractor Rules dated , particularly Rule 9.1 thereby whereby a contractor in a particular class has been made eligible to tender for his own class and one step below his class and further aggrieved by the legibility criteria more particularly as contained in clause 28.2 which provides that the minimum work condition should be one similar work done of amount not less than 40% of the cost, without liquidated damages or compensation in the last five years. Every enlisted category of contractor would only have to face a healthy completion as per his enlisted class, thereby not only providing him an

33 Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, Judge. 80. Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, Judge. 81. Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, Judge. 82. Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, CWP No.4077 of 2015 CWP No.4779 of 2015 CWP No.776 of 2016 CWP No.627 of 2016 Ms. Lata Devi Vs. Subordinate Selection Board, Hamirpur & another M/s Micromax Informatics Ltd Vs. State of HP & ors Rahul Bhardwaj & ors Vs. State of HP & ors M/s Tube Expansion & Equipments Pvt Ltd Vs. District Magistrate, District Solan opportunity to earn his livelihood but would also provide him an opportunity to upgrade his class. Petition dismissed. - Petitioners have participated in the selection process for the post of Steno Typist and their grievance was that the respondents at the time of final evaluation have while filling up these posts deviated from the terms and conditions of the advertisement and, therefore, entire process deserves t be declared null and void. Petitioner(s) in pursuance to the advertisement have participated in the selection process with their eyes wide open. In case the petitioners entertained any doubt regarding awarding of any marks or had found any other discrepancy in the advertisement, then they should have sought clarification from the respondents before participating in the selection process. But having participated in the selection process, petitioners cannot now turn around the question the method of selection. Petition is dismissed. : Assessing Authority under the Value Added Tax Act, has directed the petitioner to deposit into a government treasury a sum of Rs. 24,52,973/- The order impugned herein is based solely and entire on the judgment rendered by the Hon ble Supreme Court in State of Punjab Vs. M/s Nokia India, AIR 2015 SC Petition dismissed. : Whether the contractual Medical Officers can be treated to be and considered along with in service candidates against 66.6% quota seats meant for them in the admission to the Post Graduation Courses The issued involved in the present petition is squarely covered by the judgment rendered by a Co ordinate Bench of this Court in CWP No.1776 of 2015, titled Dr. Vivek Kumar Garg & ors Vs.State of HP & ors decided on and the same is binding upon this Court. Petition is dismissed. : Order of possession passed by respondent No.1 on application of respondent no.2 dated be quashed and set aside

34 34 Judge. 83. Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, Judge. 84. Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, Judge. 85. Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, Judge. 86. Hon ble the Chief and CWP No.4240 of 2015 CWP No.359 of 2016 CWP No.9030 of 2011 CWP No.1026 of Om Parkash Sharma Vs. State of HP & ors Ranjan Singh & others Vs State of HP & ors Sher Singh Vs. Union of India. Sant Ram & ors Vs. High Court of HP Petitioner is directed to avail the remedy provided under the SARFAESI Act and raise all contentions including the contentions raise din this petition. One of the reasons for overflow of Court dockets is the frivolous litigation in which the courts are engaged by the litigants. Petition dismissed with costs of Rs.50,000/-to be paid by the petitioner : Petitioners are the residents of Patwar Circle Charana consisting of four Mohals and are aggrieved by the action of the respondents, whereby the aforesaid Patwar Circle has been excluded from Sub Tehsil Haripurdhar and included in upgraded Tehsil Nohradhar. The Gram Panchayat, Charana vide its resolution No.8 dated itself had requested to upgrade Sub Tehsil Nohradhar to a Tehsil. Once it is so, this Court cannot ignore the resolution passed by the Gram Panchayhats as these resolutions are the true representation of the voice of the people at grass root level, who would ultimately be affected by the decision. Petitioners have failed to point out as to how and in what manner the impugned decision of the government is either arbitrary, irrational, much less, capricious or whimsical. Petition is dismissed. : Writ petition has been filed taking exception to the order passed by CAT, Chandigarh whereby OA preferred by petitioner challenging the order of his removal from service came to be dismissed. Petitioner himself during the course of inquiry had confessed his guilt of keeping himself with the salary of one Jai Ram, Dak Distributor and had himself signed for Jai Ram in the acquittance roll of the month. The order of removal from service of the petitioner has been upheld by the first appellate authority, revisional authority and thereafter by CAT and there is nothing to suggest that the findings recorded by any of the authorities below are in any manner perverse. Petition is dismissed. : Whether the employees appointed through

35 Hon ble Mr. Tarlok Singh Chauhan, Judge. 87. Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, Judge. 88. Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, Judge. 89. Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, Judge out source basis can claim regularization of their services in the department utilizing their serviced or in the alternative claim preferential right of consideration for the post by making necessary amendments in Recruitment Rules. Since the appointments of the petitioners is not consistent with Articles 14 and 16 of the Constitution of India and further that the petitioners were in fact never appointed by this Court. It is more than settled that for entitlement for regularization, master and servant relationship is a pre requisite which is conspicuously absent in the instant case. Petitions dismissed. CWP No.3131 of 2014 CWP No.594 of 2011 CWP No.692 of 2016 Dr. J.S. Chauhan Vs. State of HP & ors Smt. Babita Kumari Vs Union of India Anil Verma & ors Vs. State of HP & ors - Petitioners seek to assail the appointment of Dr.K.K.Katoch as Vice Chancellor of CSKHPKV, Palampur. Petitions are frivolous and have only resulted in wastage of precious Court time. Even the respondents have unnecessarily dragged into otherwise avoidable litigations. Petition dismissed with costs of Rs.50,000/- each to be paid by the petitioners to respondent No.4 University. - Appointment of writ petitioner to the post of GDSBPM has been ordered to be quashed by learned CAT. Equality clause enshrined in Article 16 of the Constitution of India mandates that every appointment to public post or office should be made by open advertisement so as to enable all eligible persons to compete for selection merit and it would be noticed that there is practically no proof on the file to establish that the notice was in fact given wide publicity. Once the post in question was reserved for OBC, then we see no reason or justification as to why the carried forward rule was not applied. Thus no fault can be found with the order passed by CAT. Petition dismissed. Petitioners earlier filed writ petition seeking declaration to the effect that they be declared appointed on contract basis with all consequential basis. Petitions allowed by learned Single Judge. Thereafter LPA filed was allowed and judgment of learned Single Judge was set aside, with directions to the State Government to examine the case of the writ petitioners for

36 Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, Judge. 91. Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, Judge. 92. Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, Judge. 93. Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, CWP No.264 of 2016 CWP No.5670 of 2011 LPA No.172 of 2014 LPA No.438 of 2011 Scancraft Grafiks Pvt Ltd Vs State of HP Shiv Kumar Vs Union of India Balbir Singh Vs. State of HP & ors Anjana Devi Vs. State of HP regularization or conversion of their posts on contractual basis, keeping in view the recommendations made by the official respondents themselves. Writ petitions allowed by directing the respondents to comply with the notification dated , whereby the respondent government has directed to take over the services on contract basis of teaching and non teaching employees earlier engaged on hourly or period/lecturer basis. - Aggrieved by the award of tender in favour of respondent No.8 for providing of Mechanized Laundry Service in IGMC Hospital, petitioners have filed the instant petition. This petition sans merit and same is frivolous. Petition is dismissed with costs of Rs. 50,000/- to be paid by the petitioners. Petitioner had willfully absented himself on two days and had unauthorisedly allowed Roshan Lal, GDSMD to work in his place. Disciplinary authority held all the charges to be proved against petitioner and vide order dated imposed penalty of removal from service. Appeal preferred was rejected by the Appellate Authorty, containing the petitioner to file OA before CAT. CAT also dismissed the OA. Petitioner filed the present petition. Whole tenor of the punishment order reflects that in addition to the charges already framed, petitioner in terms of charge No.III had exhibited lack of devotion to his duty as he was in the habit of absenting himself from his job and had unauthorizedly been assigning his work to Sh. Roshn Lal. Petition is dismissed. Appellant could not have been ordered to be evicted from the shop in question in teeth of the orders passed by civil Court, except after following due process of law. Appeal dismissed with costs of Rs.10,000/- to be paid by the appellant. : Appellant came to be appointed as PAT on the basis of selection conduced by the official respondents, the same was assailed by the respondent No.5 on the

37 37 Judge. ground that the appellant was less meritorious. Conclusion LPA dismissed holding that no fault can be found with the judgment rendered y the learned writ court. 94. Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, Judge. 95. Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, Judge. 96. Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, Judge. 97. Hon ble Mr Tarlok Singh Chauhan and Hon ble Mr. Sandeep Sharma, Judges. LPA No. 325 of 2011 LPA No.51 of 2011 COPC No.390 of 2015 CWP No.330 of 2016 Desh Raj Thakur Vs. State of HP & anr Partap Singh Vs. State of HP Ram Gopal Sood Vs. Jai Pal Chauhan Bhupinder Singh Negi Vs. Union of India & ors Petitioner made request to the respondents seeking premature retirement. Appellant after realizing the consequences sought withdrawal of his request, which respondents not accepted as request of seeking premature retirement stood accepted by the respondents earlier. Writ petition dismissed by concluding that the application for premature retirement made already stood accepted before the receipt of request for withdrawal of the same. Being aggrieved, appellant has filed the instant appeal. Conduct of respondent No.2 cannot be said to be fair as he virtually left no stone unturned to ensure that the office order dated is issued, thereby rejecting the request of the appellant for voluntary retirement without even caring for the request of withdrawal submitted earlier by the appellant on itself. Petition allowed. Whether reservation provided under Section 33 of Persons with Disabilities (Equal opportunities, protection of Rights and Full Participation) Act, 1995 is available even on promotion. Appeal dismissed in view of the judgment rendered by the Hon ble Supreme Court in National Federation of The Blind Vs. Sanjay Kothari, 2015 (9) SCALE 611. Petition filed for initiating contempt proceedings against the respondents for violating the order passed by learned Rent Controller. Once it is found that there was no undertaking given by the respondent, the question of contempt does not arise. :- Petitioner while serving as Dy.SP was recommended for deputation. However, Government of HP withdrew its recommendation. the Hon ble High Court. Petitioner approached

38 Hon ble Mr Tarlok Singh Chauhan and Hon ble Mr. Rajiv Sharma, Judges. 99. Hon ble Mr Tarlok Singh Chauhan and Hon ble Mr. Sanjay Karol, Judges. 100 Hon ble Mr Tarlok Singh Chauhan, Judge. CMP No.376 of 2016 in COPC No.1 of 2015 LPA No.14 of 2016 CWP No.9494 of 2013 M/s Indo Farm Tractors & Motors Ltd Vs. R.K. Saini & another M/s Himalayan Store, The Mall, Manali Vs. BSNL & ors Gian Chand Sharma Vs. State of HP Petitioner was not found eligible as his bio data was not countersigned by the employer so as to ensure that the particulars furnished by the applicants were correct. Petition dismissed. : Respondents had compromised the matter and given an undertaking to pay the amount within a stipulated time, but adhered to the undertaking and deceived the court. Therefore, held guilty and ordered to purge the contempt by paying the excretal amount along with up to date interest to the petitioner within a period of four weeks. In case filed, further ordered to remain present before the court on and to show cause as to why rule be not made absolute and they be punished for the contempt of court. Now respondents filed CMP No.376 placing on record subsequent events with prayer to discharge and drop the contempt proceedings. Respondents are guilty of having violating not only the terms of the compromise dated but also found to have violated the order dated and are, therefore, sentenced to undergo simple imprisonment for six months and to pay fine of Rs.10,000/- each. Plaintiff/respondent No.1 filed suit for recovery of Rs.1,26,70,969/- along with 12% interest per annum upto the filing of the suit. The appellant/defendant No.1 filed an application under order 7 Rule 11 (d) read with Section 151 CPC for rejection of plaint on the ground that the same was barred by limitation. Conclusion Impugned order passed by learned Single Judge cannot be sustained and is accordingly set aside and consequently application filed by appellant under order 7 Rule 11 (d) of CPC is allowed and the plaint instituted by the respondent is ordered to be rejected. Petitioner claims to have sustained damage to his property on account of construction of a new road known as Sainj to Manham Road by respondents 3 and 4 for their project known as Parbati Hydro Electric Project. Conclusion In the absence of there being any material

39 Hon ble Mr Tarlok Singh Chauhan, Judge. 102 Hon ble Mr Tarlok Singh Chauhan, Judge. 103 Hon ble Mr Tarlok Singh Chauhan, Judge. 104 Hon ble Mr Tarlok Singh Chauhan, Judge. CWP No.3592 of 2015 CWP No.8789 of 2014 CWP No.7295 of 2012 CWP No.1367 of 2015 Kamlesh Kumari Vs. State of HP & ors Business Institute of Management Studies Vs. State of HP Ajay Parihar Vs. State of HP & ors Shekhar S. Shrivastava Vs. State information Commissioner & ors to actually establish on record the alleged damage, the exact cause thereof and the extent of damage, this court cannot grant any relief to the petitioner. Petition dismissed. Point Involved To release grant in aid to the petitioner from the date when grant in aid Rules were notified with all consequential benefits. The petitioner has been working for the last almost 14 years since therefore, respondents are directed to release grant in aid in favour of petitioner from the date when grant in aid Rules were notified and respondents are further directed to consider the case of the petitioner for regularization in accordance with the policy. Refunding of fees and not to charge fee towards building fund, infrastructure fund development fun etc. Directions given to the State Government that no private institutions is allowed to charge fee towards building fund, infrastructure fund development fun etc and to display the information on the notice board which shall be placed at the entrance of the campus on their websites. Any violation of these directions shall be viewed seriously and shall constitute contempt of court order. Issuance of Permit Raj has plummet to that level where the RTOs are ruling the roost. It is manifest that the entire procedure as adopted by the respondents stands vitiated on account of not following the mandatory procedure as prescribed under the Rules. Absence of power apart, such exercise of the respondents is fraught with danger of being activated by extraneous considerations. The action of respondents, to say the least, is totally arbitrary. All the Regional Transport Authorities to ensure that henceforth all the route permits are granted strictly in accordance with law. Point Involved RTI information not furnished to the petitioner. Conclusion Since respondents 2 to 4 have made all out endeavours to defeat the provisions of

40 Hon ble Mr Tarlok Singh Chauhan, Judge. 106 Hon ble Mr Tarlok Singh Chauhan, Judge. 107 Hon ble Mr Tarlok Singh Chauhan, Judge. CWP No.4812 of 2015 CWP No.9779 of 2012 CWP No.3160 of 2015 HP State Co op Marketing & Consumers Federation Ltd & anr Vs. Gurcharan Singh & anr Harish Kumar Vs. State of HP Pawan Sharma Vs. State of HP Right to Information Act and have malafidely denied the request for information, they are saddled with costs of Rs. 20,000/- each to be paid personally by respondents 2 to 4 to the petitioner. Point Involved Respondent No.1 misappropriated funds of the Federation amounting to Rs /- and remained absent from duty from to and was charge sheeted for misbehaviour with the staff and for disobedience of the orders of the superiors. Conclusion: The court cannot be oblivious and feign ignorance of the magnitude of the sufferings and pains to which an employee is subjected on account of deprivation of the monetary benefits, particularly in this age of high cost of living, inflation etc. The court cannot shut its eyes and forget the holocaust of economic deprivation of respondent NO.1 and his family for all these long years. Petition partly allowed and the impugned order awarding interest of 6% to respondent No.1 on the consequential benefits of service is set aside while rest of the impugned order is upheld. Quashing of appointment of respondent No.5 as Part Time Water Carrier and to consider the case of the petitioner. It is not in dispute that at the time when respondent No.5 applied for the post on , case of the petitioner had already been proceeded and recommended for appointment by respondent No.3. Admittedly, procedure has not been followed, therefore, appointment of respondent No.5 is set aside. Petitioner filed an application for correction of Meterkhan of the land. Respondent No.3 ordered the said correction. Petitioner filed review petition before respondent No.3 as there were certain orders in the order of correction. Respondent No.3 sought permission from respondent No.2 to carry out the corrections. But respondent No.2 declined the request of respondent No.3 on the ground that the case could not be reopened /reviewed after lapse of a period of almost one year and six months

41 Hon ble Mr Tarlok Singh Chauhan, Judge. 109 Hon ble Mr Tarlok Singh Chauhan, Judge. 110 Hon ble Mr Tarlok Singh Chauhan, Judge. CRMMO No.304 of 2015 CRMMO No.363 of 2015 CRMMO No.18 of 2016 M/s Caplin Point Laboratories Ltd Vs. Union of India & another K.C. Sharma Vs. State of HP & ors Pankaj Thakur Vs. State of HP Respondent No.2 was required to adopt a liberal, pragmatic justice oriented and non pedantic approach in the matter, therefore, the impugned order passed by respondent No.2 is not sustainable and is set aside. Point Involved Petitioner is a public limited company manufacturing wide range of products which are entirely meant for export. Respondent No.1 had instituted a complaint against it under Section 18(a) (i) read with Section 27(d) of the Act before Judicial Magistrate, Nalagarh. The court already issued process against them and thus prayed for quashing of these proceedings. Petitioners have failed to place on record any material which may even remotely suggest that they are exempted from manufacturing the Gel as per the standards laid down in the Indian Pharmacopoeio. Consequently, petition is dismissed. Point Involved Petitioner has approached this Court seeking quashing of FIR on the ground that once the investigating agency had already investigated the matter and come to a conclusion that the complainant was predominantly of a civil nature and no offence was made out, the learned Magistrate could not have ordered the registration of FIR. The court has no hesitation in concluding that the complaint filed by respondent No.2 under Section 156 (3) Cr.PC was neither bonafide and had rather been filed with the sole object of getting the petitioner blacklisted so as to deprive him for consideration of the award of tenders of the ARTRAC. Petition succeeds and order of learned Judicial Magistrate set aside. Respondent No.2 has been directed to compensate the petitioner by paying him a sum of Rs /- for unnecessarily harassing the petitioner. Whether a criminal appeal can be dismissed in default for non prosecution. Petition allowed and the impugned order passed is set aside, with directions to learned Sessions Jude, Kangra at Dharamshala to restore the appeal on its original number and decide the same in accordance with law

42 Hon ble Mr Tarlok Singh Chauhan, Judge. 112 Hon ble Mr Tarlok Singh Chauhan, Judge. 113 Hon ble Mr Tarlok Singh Chauhan, Judge. CRMMO No.255 of 2015 CRMMO No.20 of 2016 CRMMO No.254 of 2015 Raj Kumar Vs. M/s Ram Krishan & Sons Usha Massand & anr Vs State of HP & anr Shyam Lal Vs.Suresh Kumar & anr - Dismissing application by JMIC, filed by the petitioner under section 45 of Indian Evidence Act for comparison of handwriting by the Handwriting Expert. The petitioner cannot be convicted without an opportunity of being given a fair chance to present his evidence and if it is denied the there would be fair trial. Application allowed. - Seeking quashing of FIR No.36 dated , registered at PS, Kasauli, District Solan, under Section 406 PC and further for quashing notice under Section91 of the Cr.PC as also the consequent proceedings arising out of the same FIR. Having regard to the nature of allegations set out in the complaint, this court has hesitation in concluding that an attempt has been made by the respondent to convert a case of civil nature into a criminal prosecution. The courts must ensure that criminal prosecution is not used as an instrument of harassment or for seeking private vendetta or with an ulterior motive to pressurize the accused. Petition allowed and the FIR above stated and all other consequential proceedings arising out of the aforesaid FIR against the petitioner are ordered to be quashed. - Learned Magistrate after hearing complainant and perusing the record, recorded its satisfaction regarding existence of sufficient grounds to proceed against the petitioner for offence under Section 138 of NIA and accordingly issued summons for vide order dated , which is challenged before this Court. This court, therefore, would ordinarily not express its view on the disputed questions of fact in a petition under Section 482 Cr.PC to come to a conclusion that offence is not made out. The High Court would only go into the factual aspects of the matter when the same are admitted by the parties. Petition dismissed by holding that there is no merit in this petition as no case for quashing of either the proceedings or the orders passed by Magistrate on and are made out

43 Hon ble Mr Tarlok Singh Chauhan, Judge. 115 Hon ble Mr Tarlok Singh Chauhan, Judge. 116 Hon ble Mr Tarlok Singh Chauhan, Judge. CRMMO No.99 of 2016 CRMMO No.207 of 2014 RSA No.498 of 2004 Manoj Chhabra & ors Vs State of HP & anr Chhaju Ram Vs.Asha Devi Mansa Devi & ors Vs. Saini Devi & ors Respondent No.2 fled before PS, Dhalli, Shmla a complaint u/s 498-A and 506 read with Sectn 34 of IPC against the petitioner and one Smt. Ishwari Devi. The same culminated into a final report and thereafter arguments on charge were heard by the ld trial magistrate and vide order dated held that the courts at Shimla had no territorial jurisdiction to try the offence, as the cruelty and demand of dowry, if at all made was at Dehradun. Said order was assailed by the State by filing revision petition before Ld. Addl. Sessions Judge, Shimla who held that offence u/s 498-A IPC was a continuing one and therefore courts at Shimla had jurisdiction. Judgments relied upon by learned counsel for the petitioner are not at all applicable to the case in hand, as in the instant case, there is prima facie material available on record to suggest that some part of the offence was committed within the local area of Shimla. Hence, petition is dismissed. - This petition is directed against judgment passed by learned Addl. Sessions Judge- 1, Kangra at Dharamshala whereby he affirmed the order of grant of interim maintenance of Rs.3,000/- to the respondent and two of her dependents. Though this petition could have been conveniently dismissed only on the score that the petitioner till date has failed to comply with the orders passed by this Court from time to time whereby he was directed to pay the arrears of maintenance. Before the petitioner is heard in the matter, he will have to comply with the under taking with respect to opening of accounts of his minor children and pay the entire arrears of maintenance on or before , failing which trial court will make a reference to this court so as to enable it to initiate contempt proceedings against the petitioner. - Respondents filed suit for declaration along with permanent injunction On the ground that suit land was owned and possessed by their father. Learned trial court dismissed the suit. Appeal filed allowed and suit of the

44 Hon ble Mr Tarlok Singh Chauhan, Judge. 118 Hon ble Mr Tarlok Singh Chauhan, Judge. 119 Hon ble Mr Tarlok Singh Chauhan, Judge. 120 Hon ble Mr Tarlok Singh Chauhan, Judge. RSA No.57 of 2005 RSA No.403 of 2002 RSA No.423 of 2015 RSA No.47 of 2016 Netar Singh Vs. Ram Ditta & ors Savitri Vs. Mahanti & ors Lachhi Ram Vs. Roop Ram & ors Sohan Lal Vs. Ghanshyam respondents/plaintiff was ordered to be decreed. The trial court solely on the basis of the mutation decided the suit as if the mutation was a document of title. The learned lower appellate court, therefore, committed no illegality or irregularity in setting aside the judgment and decree passed by the trial court by observing that the mutation could not pass on any title of the suit land in favour of defendants/appellants. Appeal dismissed. - Trial court dismissed the suit filed by plaintiffs. Plaintiffs preferred appeal before first appellate court, which reversed the findings recorded by the trial court and allowed the suit of the plaintiffs. The Court observed that this court is not deciding the question of title and is only concerned with the question of possession of the land which has been found to be with plaintiffs. Appeal dismissed. - Suit filed for declaration with consequential relief of permanent prohibitory injunction and in the alternative possession came to be dismissed. The appellant has failed to place on record any evidence, which may even remotely suggest that Shardho lacked mental faculty or the same were impaired or that she did not understand the contents of the documents she was executed. Once it is so, then the transaction affected by, cannot be impeached and be termed as illegal, much less null and void. Appeal dismissed. Suit filed by the for injunction was though partly decreed, but his claim for damages and mandatory injunction was ordered to be dismissed. The findings recorded by both the courts below are pure findings of fact which normally cannot be interfered with by this court in exercise of its powers under Section 100 of the code. Appeal dismissed. Suit of the plaintiff for cancellation of sale deed came to be dismissed. Appeal filed also dismissed

45 121 Hon ble Mr Tarlok Singh Chauhan, Judge. 122 Hon ble Mr Tarlok Singh Chauhan, Judge. 123 Hon ble Mr Tarlok Singh Chauhan, Judge. 124 Hon ble Mr Tarlok Singh Chauhan, Judge. CMP(M) No.594 of 2014 in RSA No. RSA No.423 of 2015 RSA No.64 of 2016 CMP(M) 1656 of 2015 in RSA No.110 of State of HP & ors Vs. Satya Pal & ors Lachhmi Ram Vs. Roop Ram & ors Anil Sharma Vs. Rajesh Kumar & ors Shri Nirmal Kumar & ors In the matter of : Kaushalya Devi Vs. Kaushalya Devi & ors The findings recorded by both the courts below are pure findings of fact which normally cannot be interfered with by this court in exercise of its powers under Section 100 of the code. Appeal dismissed. - Application under section 5 of Limitation Act seeking condonation of 233 days in filing the appeal. There is no lack of bonafides imputable to the appellants, who have remained vigilant in pursing the case. The delay in the given circumstances cannot be said to be inordinate or unexplained. The delay of 223 days in filing appeal is condoned. Suit filed by plaintiff for injunction was though party decreed, but his claim for damages and mandatory injunction was ordered to be dismissed. The findings recorded by both the courts below are pure findings of fact which normally cannot be interfered with by this court in exercise of its powers under Section 100 of the code. Appeal dismissed. - Plaintiff filed suit against respondents for declaration to the effect that Will executed by Ram Nath in favour of defendants was illegal bogus, fictitious and forged one and was liable to be set aside. Trial court dismissed the suit, appeal filed also stand dismissed. The findings recorded by both the courts below are pure findings of fact which normally cannot be interfered with by this court in exercise of its powers under Section 100 of the code. Appeal dismissed. L.Rs of sole appellant have moved the application under order 22 Rules 3 and 11 read with section 151 CPC for substituting themselves in place of the appellant, who is stated to have died on The instant application cannot legally be opposed by the respondents on the ground of maintainability and since there is no contest on merits of the application, the same is allowed and L.Rs of sole appellant are ordered to e brought on record Hon ble Mr RSA No.411 Sangia Lal Negi Vs

46 Tarlok Singh Chauhan Judge. 126 Hon ble Mr Tarlok Singh Chauhan, Judge. 127 Hon ble Mr Tarlok Singh Chauhan, Judge. 128 Hon ble Mr Tarlok Singh Chauhan, Judge. 46 of 2005 State of HP & anr Plaintiff provide services of cable span to the public at large at the instance of SDO (Civil), Nichhar for 52 days to Defendants paid some amount to the plaintiff but did not pay a balance of Rs.88, Thus plaintiff filed suit which was decreed. Appeal filed stand which was allowed, hence the present appeal. Once the defendants themselves had admitted the span to be in position till , the fact that whether it was actually used by the people or not pales into insignificance, because in so far as the plaintiff is concerned, he has not denied the facility of span and performed his part of the contract and opening of the road or bridge, therefore, in such circumstances was of no consequence. Appeal allowed thereby setting aside the judgment of appellate court. RSA No.196 of 2008 RSA No.537 of 2004 RSA No.332 of 2007 Siri Ram Vs. Pawna & ors Shiv Ram Vs. Mahesh Kumar Gurdev Singh Vs. Narain Singh & ors Plaintiff filed suit for declaration that oral sale deed dated was illegal, inoperative and not binding on his right, title and interest and mutation No.100 of the same date was illegal and not tenable. Further the exchange alleged to have been taken place by mutation No.115 dated was also not legal and bind. Suit of the plaintiff dismissed. Appeal filed also stand dismissed. Hence the present appeal. It has been held that after the attestation of the mutation No.100, the consolidation proceedings had also taken place which in turn had led to the record of mutation No.115 which too has been assailed only after a gap of 16 years. The appeal dismissed. - Application under section 5 of the Limitation Act which was barred by 55 days and was dismissed by learned lower appellate court. The delay in filing of the appeal is hardly 55 days, which cannot be termed to be inordinate so as to adopt a stricter approach. Appeal allowed. - Land of the defendants increased thereby causing loss and reduction of the land of the plaintiff. Plaintiff filed application before Collector Settlement for correction of Karukans. Same was allowed. Defendants assailed the order of Collector

47 Hon ble Mr Tarlok Singh Chauhan, Judge. 130 Hon ble Mr Tarlok Singh Chauhan Judge. 131 Hon ble Mr Tarlok Singh Chauhan, Judge. RSA No.17 of 2016 CMPMO No.439 of 2015 CMP MO No.57 of 2016 Sweety (Eunuch) Vs. General Public Jatinder Kumar Vs. Kusum Lata Veepul Lakhanpal Vs. Smt.Pooja before Divisional Commissioner. Plaintiff filed suit which was allowed. Defendants filed appeal before learned lower appellate court, which allowed the same. Once the Settlement Collector had the jurisdiction to make the necessary corrections and such order was affirmed by the Divisional Commissioner who too had the jurisdiction, then even if it is assumed that the order passed was wrong, the same would not make such order a nullity or having been passed without jurisdiction and would, therefore, be binding on the parties. Appeal succeeds and is accordingly allowed. Pont involved What would be the mode of succession of an eunuch i.e. transgender, in absence of any religion being professed or have been claimed by the plaintiff. Learned courts below have gravely erred in conclusion that the plaintiff in matters of succession was governed by the Hindu Succession Act and not by the custom which finding is perverse and contrary to the pleaded and proved case of the plaintiff. Judgment and decree passed by the courts below set aside and appeal is allowed by decreeing the suit of the plaintiff. Suit land was joint amongst the parties and no partition had taken place and therefore, no co sharer was competent to raise construction or change the nature of the suit land in any manner. But petitioner with a view to grab the best portion of joint land had started raising construction of the house therefore, he be restrained from doing so. It would be evident from the aforesaid discussion that there is no invariable rule that until and unless partition is carried out, a co sharer under no circumstances can be permitted to raise construction over the land which is joint inter se the parties. Petition allowed Petitioner-husband moved application before trial court under section 10 CPC for staying proceedings which was dismissed. Petitioner filed instant petition. Petition dismissed by observing that order passed by learned curt is just and legal

48 132 Hon ble Mr Tarlok Singh Chauhan, Judge. 133 Hon ble Mr Tarlok Singh Chauhan, Judge. 134 Hon ble Mr Tarlok Singh Chauhan, Judge. CMPMO No.491 of 2015 CMPMO No.394 of 2015 CMPMO No.109 of Mehar Mahant Ram Vs. Gurdev Singh ors Naminder Singh Vs. Atma Singh Ganpatu & ors Vs. State of HP. Petition filed challenging the order of learned trial court, which after invoking proviso to rule 17 of order 6 CPC, rejected the application of the petitioner and conduced that even the proposed amendment was not in any way necessary for the purposes of determining the real question of controversy between the parties. Conclusion It is evident from the bare perusal of the privoso that ordinarily amendment in pleadings is not allowed after the trial has commenced unless the court is satisfied that the party concerned could not apply even after exercise of due diligence for such amendment before the commencement of trial. No infirmity, irregularity much less illegality can be found with the order passed by learned court below, whereby it dismissed the application for amendment of the plaint. Therefore, petition is dismissed. Present petition filed challenging that the application filed by the petitioner under section 151 CPC for placing certain documents on record has been ordered to be dismissed by court below and another application filed for seeking permission to examine two persons in rebuttal evidence has also been dismissed. There is no merit in the petition, but the same otherwise amounts to abuse of the process of the court and is dismissed by imposing costs of Rs.30,000/- to be paid by the petitioner to the opposite side. - Respondents stated interfering in the suit land and uprooted the trees planted by the predecessor in interest of petitioners and despite requests were still interfering in the suit land, constraining the petitioners to file the suit. Trial court dismissed the application and appeal preferred against this order also came to be dismissed by lower appellate court. The findings recorded by the learned courts below do not suffer from any irregularity, illegality, impropriety, much less perversity so as to call for interference by this court in exercise of its jurisdiction under Article 227 of the Constitution of India. Petition dismissed Hon ble Mr CMPMO Nagender Pal & ors

49 49 Tarlok Singh Chauhan, Judge. 136 Hon ble Mr Tarlok Singh Chauhan, Judge. 137 Hon ble Mr Tarlok Singh Chauhan, Judge. 138 Hon ble Mr Tarlok Singh Chauhan, Judge. No.152 of 2016 Cr. Appeal No.119 of 2016 Cr. Appeal No.367 of 2015 Cr. Revision No.122 of 2016 Vs. Santu others Shyam Lal Chauhan Vs. Baldev Singh Vinod Kumar Verma Vs. Ranjeet Singh Rathore Babu Kyalu Ji Maharaj Chhinjh Mela Vs. SDM, Nurpur & anr Petitioner filed suit for possession on the basis of title with regard to land. Application filed under order 26 Rule 9 by petitioner dismissed by the court below. Suit appears to have been filed in the year 2010, therefore, the learned court below will make all endeavour to decide the same as expeditiously as possible and in no event later than 31st December, Whether the present appeal that too under Section 378 (4) of Cr.PC is legally maintainable in view of the fact that respondent has not been acquitted but has been convicted and sentenced. Appeal under section 378 (4) CrPC can only be filed against an order of acquittal and not against an order of conviction for seeking enhancement of sentence. The learned Magistrate in its wisdom has imposed a fine twice the amount of the cheque which in my considered view is sufficient to meet the ends of justice. The appeal is dismissed Pint involved- Complaint filed petitioner under Section 138 of NIA came to be dismissed in default by Add. CJM, Theog. The order passed by learned court below is extremely harsh which has not at all considered as to whether personal attendance of the complaint was essential on the date for the progress of the case. Appeal is allowed and order of Addl CJM Theog is set aside. - Dispute in relation to organizing the Mela has arisen this year (2016) because in addition to old committee constituted for the management of the Mela, one new committee (petitioner) was formed, which started collecting membership and even published advertisement regarding the conduct of management of the Mela. Even otherwise, this court cannot act as an appellate authority over the decision of respondent No.1 unless order passed is patently illegal and without jurisdiction or with ulterior motives and on extraneous considerations so as to call for interference. This court cannot in such matters substitute its views for that of respondent No.1. The power and wisdom has, under Section 144 or Cr.PC, been

50 Hon ble Mr Tarlok Singh Chauhan, Judge. 140 Hon ble Mr Tarlok Singh Chauhan, Judge. 141 Hon ble Mr Tarlok Singh Chauhan, Judge. 142 Hon ble Mr Tarlok Singh Chauhan, Judge. Cr. Revision No.320 of 2015 Cr. Revision No.370 of 2015 Cr. Revision No.69 of 2008 FAO No.86 of 2012 Aman Chaudhary Vs. State of HP & anr Ved Prakash Vs. State Bir Singh Vs. State of HP National Insurance Co. Ltd Vs. Nisha Verma & ors given to respondent No.1 to take note of the situation and it was, therefore, open to him to take into account the situation prevailing there and pass an order including prohibitory orders in case the situation so warranted. The perception of the respondent No.2 in passing of the impugned order is reasonable, invasive and bonafide. Consequently petition is dismissed. Regarding the juvenility of the petitioner. Petition is allowed. The order passed by learned Sessions Judge is set aside and he is directed to determine the juvenility of the petitioner in accordance with rule 12(3) (b) of the Rules. Learned courts below have completely misread the statement of the complainant under section 154 Cr.PC. The order passed by learned courts below is based on a complete reading of the statement of the complainant whereby they have wrongly inferred even that was not stated by the complainant, the orders passed by the courts below cannot withstand judicial scrutiny and to say the least are perverse and deserve to be set aside. Revision petition is allowed. - Notice of accusation was put to the petitioner by the trial curt for the offence punishable under sections, 279, 337 and 304-A IPC. After trial petitioner was convicted. Prosecution has not been able to establish the complicity of the petitioner beyond reasonable doubt. Petitioner is accordingly acquitted of the aforesaid sections by giving him benefit of doubt and petition is allowed. - The award impugned reveals judicial obstinacy, indiscipline and rank insubordination on the part of Sh.Shamsher Singh, the then Presiding Officer, Motor Accident Claims Tribunal, Shimla. The manner in which the learned Presiding Officer has conducted himself in these proceedings clearly amounts to judicial impropriety, rank insubordination and reflects a complete lack of judicial

51 Hon ble Mr Tarlok Singh Chauhan, Judge. 144 Hon ble Mr Tarlok Singh Chauhan, Judge. 145 Hon ble Mr Tarlok Singh Chauhan, Judge. FAO (MVA) No.239 of 2010 FAO (MVA) No.472 of 2010 FAO (MVA) No.359 of 2015 Pitambari Devi & ors Vs. Gurpreet Singh & anr The New India Assurance Co Ltd Vs. Smt Indu Bala & others Parveen Kumar Vs. Radha Devi & ors decorum. The appellant /insurance company is required to abide by the original award passed by the learned Tribunal, meaning thereby that the appellant would not be liable to pay any amount of compensation over and above the award passed earlier by the Tribunal on that includes the principal amount as also the interest. 11. In view of the aforesaid discussion, appeal is allowed and the appellant/insurance company is liable to pay the amount of compensation strictly in accordance with the award passed by MACT, Shimla on Appellants had sought compensation on account of death of one Narinder who died in a vehicle accident. Granted compensation of Rs.3,00,000/- including interest. Aggrieved with the same, present appeal filed. Since the findings regarding contributory negligence of deceased have been affirmed, therefore, the claimants shall only be entitled to 50% of the enhanced compensation. In this view, the claimants shall be entitled to a sum of Rs.2,02,500/- in addition to Rs.3,00,000/- as awarded by the learned Tribunal. Appeal party allowed. - Husband of claimant/ respondent No.1 and father of claimant/respondent No.2 died in an accident. Findings rendered on issues No.4 and 5 have been assailed by the appellant. With regard to issue No.4, learned Tribunal held that the driving licence of respondent No.4 was fake. The findings regarding licence Ex RW-2/A recorded by the learned Tribunal with respect to the driving licence being fake are unsustainable as the appellant has failed to lead evidence in this behalf and even the evidence so led, was not legally admissible evidence and is therefore, required to be discarded and rejected. Once the appellant has failed to prove that the driving licence was fake, then the findings to this effect recorded by the learned Tribunal cannot be sustained. Appeal dismissed. The seminal issue emanates for consideration in this appeal is as to what would be the effect of a person possessing

52 Hon ble Mr Tarlok Singh Chauhan, Judge. 147 Hon ble Mr Tarlok Singh Chauhan, Judge. 148 Hon ble Mr Tarlok Singh Chauhan, Judge. FAO (HMA) No.302 of 2012 OMP No.399 of 2015 in CS No.49 of 2015 CS No.44 of 2015 a/w OMP No.46 of 2016 Mahesh Chander Sharma Vs. Renu Sharma Deepti Gupta & ors Vs. Karam Singh M/s Apple Valley Developers and ors Vs. M/s Coastal Projects Ltd & ors two driving licences, more particularly when the licence subsequently produced appears to be genuine. The award passed by the learned Tribunal inasmuch as it gives the Insurance company the right to recover the amount paid to the claimants form the appellant, cannot be sustained and therefore, is set aside. Appeal allowed and respondent No.3 n terms of the insurance policy is directed to indemnify the appellant for the entire liability without having any corresponding right to recover the same from the appellant. - Petition filed the petitioner for dissolution of marriage on the ground of cruelty came to be dismissed by Addl. District Judge, FTC. It would be noticed that the respondent has been awarded maintenance under Section 125 Cr.PC and the said order has attained finality upto this Court. This obviously means that respondent had not parted the company of appellant without there being any reasonable cause. It has also come in evidence of the appellant while appearing as PW-1 that he has taken no steps whatsoever to take custody of the children and therefore, in such circumstances, this petition appears to have been filed only to get rid of the respondent and their children and does not indicate that there is some iota of truth in the allegation leveled by the respondent against petitioner that he has intention to marry another girl in M.P as stated by her in her examination in chief. Preset appeal is dismissed. Applicants have sought rejection of the plaint by moving application u/o 7 Rule 11 CPC on the ground that the same is under valued. Deficiency of court fee, even if proved, cannot be a ground for rejecting the plaint unless the person by whom such fee is payable in whole or part, as the case may be, is allowed an opportunity to make good the deficiency. There is no merit in the application, the same is dismissed. The applicants have filed the present application under order 12 Rule 6 read with section 151 CPC for decreeing the

53 Hon ble Mr Thakur, Judge. 150 Hon ble Mr. Thakur, Judge. 151 Hon ble Mr Thakur, Judge. CMPMO No. 158 of CR No. 20 & 21 of CMPMO No. 306 of 2014 a/w 316/14 & 138 of India Bulls Finance vs. Rakesh Kumar Banta. Raj Kumar vs. Shakun Infrstructure. M/s Him Cylinder Pvt. Ltd. vs. State & Ors.(Asstt. Librarian) suit. Present application is allowed and suit of the plaintiff is decreed against the defendants for recovery of a sum of Rs.42,90, along with interest at the rate of 18% per annum from the date of filing of the suit till recovery of decretal amount. The petitioner is a financial institution for the purpose of availing of Securitization and Reconstruction of financial Assets and Enforcement of Security Interest Act, The defendant No.2 borrowed from the petitioner a loan under a loan agreement. A portion of the property purveyed as security by him for servicing the loan obtained from the petitioner herein stands comprised in Khasra Nos. detailed in the Judgment hereat stands occupied by respondent No.1 as tenant. The respondent No.1 herein instituted a suit for permanent prohibitory injunction for restraining defendant No.1 the Financial Institution from forcibly and unlawfully dispossessing him from the rented premises and the petitioner herein instituted an application under Order 7 Rule 11 of the CPC before the ld. Trial Court for rejection of the suit for the purpose of specific statutory bar constituted under Sections 34 and 35 of the Act of 2002 aforesaid against a Civil Court holding any jurisdiction to try a civil suit encapsulated a subject matter falling within the ambit of or scope of the jurisdiction vested in the Debts Recovery Tribunal. The application stood dismissed, hence, he filed the petition hereat. Petition stood dismissed and the order of the learned trial Court affirmed. - An application preferred by the petitioner herein under Order 39 Rules 1 and 2 CPC stood dismissed by both the learned trial Court as well as by the learned appellate Court. Hence the petitions hereat. Both the petitions dismissed. Impugned order maintained and affirmed. - Whether the Authorized Representative is empowered to represent the workmen before the Labour Court-cum-Industrial Tribunal instead of a legal practitioner?

54 Hon ble Mr Thakur, Judge. 153 Hon ble Mr Thakur, Judge. 154 Hon ble Mr Sureswhwar Thakur, Judge 155 Hon ble Mr Thakur, Judge. 156 Hon ble Mr Thakur, Judge 157 Hon ble Mr CWP No of 2008 CMPMO 92 of 2015 Cr. A No. 238 of 2014 OMP No. 221 of 2015 In C.S. No. 16 of 2015 Cr. R. 256 of CWP No of 2015 Prem Lata Thakur vs. State & Ors. (Asstt. Librarian) Kuldeep Vs. Sunita Devi & Anr. Pradeep Singh vs. State of H.P. M/s Ice Cream Garden vs. Graviss Foods Pvt. Ltd. State of H.P. vs. Mohinder Singh Rekha vs. State of H.P. The petitions are allowed and impugned order(s) stands quashed and set aside. - The petitioner claims in the instant writ petition for a direction being rendered to the respondents to give her appointment against the post of Assistant Librarian from the date of her appointment as a Librarian Clerk. Moreover, she prays for the consequential relief of the pay scale attached to the post of Assistant Librarian being afforded to her. Apart there - from, a relief is claimed from this Court of the respondents being directed to give her promotion to the post of Assistant Librarian. Civil Writ Petition stood dismissed. The learned trial Court dismissed the application under Section 45 of the Indian Evidence Act read with Section 151 CPC preferred by the petitioner thereat with a prayer therein for its ordering the holding of a DNA test by the expert concerned for determining the paternity of minor Anjali Kumari. Petition Allowed and the impugned order of the learned trial Court set aside. - Appeal preferred by the appellant/ accused against his conviction rendered by the learned trial Court whereby he was convicted under Sections 18 and 20 of the NDPS Act. Appeal allowed and the judgment rendered by the learned trial Court set aside. - Application filed by the defendantapplicant for the maintainability of the suit before this Court. Application dismissed and the suit filed by the plaintiffs held maintainable. - State of H.P. Revisionist herein aggrieved by the rendition of the learned trial Court whereby it dismissed the application preferred under Section 311 of the Cr.P.C. thereat. Petition dismissed and the impugned order maintained and affirmed. - Matter regarding Anganwari Worker

55 55 Thakur,Judge 158 Hon ble Mr Thakur, Judge 159 Hon ble Mr Thakur, Judge 160 Hon ble Mr Thakur, Judge 161 Hon ble Mr Thakur, Judge 162 Hon ble Mr RFA No. 380 of 2011 with connected matters. Cr.MMO Nos. 228 & 229 of 2015 Cr. Appeal No. 464 of 2007 RSA No. 66 of 2014 RSA No. 71 of 2007 G.M. Northern Railways vs. Avtar Singh Mahindra Holidays & Resorts vs. State State vs. Sanjeev Kumar (Sanwara Rhu HRTC Bus) Hari Singh vs. Piar Chand Gobind Singh vs SBI Petition allowed and the impugned order quashed and set aside. Land acquisition matter against the impugned rendition of learned District Judge, Una. The appellant has prayed to nullify the award rendered by the learned District Judge, Una while exercising powers under Section 18 of the Act is of the assessment therein of a uniform rate of compensation by him qua different categories /classifications of lands of the landowners subjected to acquisition being untenable. Appeals dismissed and the impugned rendition of the learned District Judge, Una maintained and affirmed. Regarding Prevention of Food Adulteration Act. The learned trial Court issued summons upon Shri Jaiminikumar Shah, holding the charge and his being responsible to the Company for the conduct of its business though his name does not figure in the complaint lodged by the Govt. Food Inspector. Conclusion The petitions allowed. The orders of the learned trial Magistrate in summoning Jaiminikumar Shah are quashed in their entirety. Jaiminikumar Shah shall not be considered as being an accused in the aforesaid complaints. - Appeal preferred by the State of H.P. against the judgment of the learned trial Court whereby the latter Court acquitted the accused/respondent for his committing offence punishable under Sections 279 and 304-A IPC. Appeal dismissed and the impugned judgment rendered by the learned trial Court maintained and affirmed. Appeal against the impugned rendition of the learned Appellate Court whereby it set aside the judgment and decree rendered by the learned trial Court. Hence the appeal hereat. Suit before the learned trial Court for decree of permanent prohibitory injunction. Appeal partly allowed. - Appeal preferred by the appellant against

56 56 Thakur, Juge 163 Hon ble Mr Thakur, Judge 164 Hon ble Mr Thakur, Juge 165 Hon ble Mr Thakur, Judge. 166 Hon ble Mr Thakur, Judge` 167 Hon ble Mr Thakur, Judge RSA No. 566 of 2004 Cr. Revision No. 149 of 2009 Cr.MMO No. 42 of 2015 FAO No. 505 of 2008 RSA No. 154 of 2015 Ved Parkash vs. Tek Chand & Ors. Baldev Singh vs. State Anil Kumar vs. State Santoshi Devi & Ors. Vs. Sudarshan Kumar & Ors. Som Dutt vs. Ram Narayan & Anr. the rendition of the learned appellate Court whereby it set aside the judgment of the learned trial Court. Suit was instituted before the learned trial Court for recovery of loan advanced by the respondent Bank. Appeal dismissed and the judgment and decree of the learned First Appellate Court maintained and affirmed and the suit of the plaintiff is decreed. Appeal preferred by the appellant herein against the rendition of the learned Appellate Court whereby it dismissed the appeal and affirmed the judgment and decree rendered by the learned trial Court. Suit for declaration was instituted before the learned trial Court. Appeal dismissed and the judgments and decrees of both the learned Courts below maintained and affirmed. - The petitioner-revisionist herein aggrieved by the rendition of the learned trial Court whereby the latter Court convicted him under Sections 279 and 304-A of the Indian Penal Code and in appeal before the learned appellate Court, it affirmed the rendition of the learned trial Court. Hence, the petitioner before this Court. Petition dismissed and the renditions of both the learned Courts below maintained and affirmed. - Petition for quashing of F.I.R. under Sections 353, 332 read with Section 34 of the Indian Penal Code. Petition dismissed. - Whether the petitioners being the widow, mother, father and brothers of the deceased entitled for compensation under 22 of the Workmen s Compensation Act since the deceased was working as Driver owned by his father? Appeal partly allowed by this Court holding that only the widow of the deceased is entitled to compensation. Whether decree for vacant possession by demolition of construction raised in the area measuring over the suit land by the defendant rendered by the learned trial Court and affirmed by the first

57 Hon ble Mr Thakur, Judge. 169 Hon ble Mr Thakur, Judge 170 Hon ble Mr Thakur, Judge 171 Hon ble Mr Thakur, Judge Cr. Appeal 465 of 2007 RSA No. 76 of 2007` Cr. Appeal No. 238 of 2007 Civil Revision No. 186 of 2011 State vs. Gian Chand & Anr. H.P.Housing & Urban Development Authority vs. Karnail Singh State vs. Ramesh Chand Sharma Himachal Gramin Bank vs Suman Thakur & Anr. Appellate Court suffers from misappreciation and non appreciation of the material on record? Appeal dismissed and the judgments and decrees of the both the learned Courts below maintained and affirmed. State of H.P. preferred an appeal against the judgment of acquittal rendered by the learned Trial Court under Sections 341, 325 and 506 IPC. Appeal dismissed and the judgment rendered by the learned trial Court maintained and affirmed.. Whether the first appellate court below has misconstrued itself by coming to the conclusion that the hiring a property by the Company for stay of its guest will not amount to commercial activities comparing it to the case of renting the house to a tenant and thus by giving a wrong interpretation of a rental accommodation, residential house and a guest house and their different aspects, that too in a residential colony? Conclusion The Regular Second Appeal is dismissed. In sequel, the judgment and decree rendered by the learned first Appellate Court is affirmed and maintained. The State of H.P. is aggrieved by the rendition of the learned Sessions Judge whereby he reversed the findings of conviction recorded by the learned trial Court against the accused (respondent herein) under Sections 336 and 337 of the Indian Penal Code. The appeal preferred by the State of H.P. is dismissed and the rendition of the learned Sessions Judge is maintained and affirmed. - Whether the objections filed by the judgment debtors to the Execution Petition constituted before the Court concerned at the instance of the decree holder in view of the rendition of the learned Civil Judge (Sr.Division) manifesting the factum of the judgment debtor in another suit constituted by the decree holder against her standing concluded by the Court concerned to stand disabled given her minority at the apposite stage to execute any loan

58 Hon ble Mr Thakur, Judge. 173 Hon ble Mr Thakur, Judge 174 Hon ble Mr Thakur, Judge 175 Hon ble Mr Cr. Revision No. 374 of 2015 RSA No. 538 of 2006 FAO (WCA) No. 427 of 2010 Cr. Revision No.176 of 2008 Geeta Devi vs. State of H.P. Partap Chand & Anr. Vs. Bali Ram through Lrs. Prem Lata & Ors vs. Alok Sharma & Anr. Dinesh Kumar & Anr vs. State of H.P document with the plaintiff? Petition Allowed and the impugned order stood quashed and set aside. Respondent No.2 the GPA of the petitioner herein by fabricating the documents fraudulently obtaining from the competent authority registration of the vehicle besides his securing an entry in the apposite record maintained by the competent authority reflective of his standing recorded therein as its owner constrained the police agency concerned to impound the said vehicle. The respondent No.2 moved an application under Section 457 Cr.P.C. for the release of the vehicle being its owner. The learned trial Court allowed the application. Hence, the present revision. Petition accepted and the impugned order quashed and set aside. - Plaintiff before the learned trial Court had claimed a decree for permanent prohibitory injunction restraining the defendants from raising any construction or changing the nature of the suit land or for taking forcible possession of the suit land or any part thereof and in case the defendants succeed in raising any construction over the suit land or any part thereof during the pendency of the suit in that event a decree for possession by way of demolition was claimed. The learned trial Court dismissed the suit of the plaintiff and the appeal preferred therefrom by the aggrieved plaintiff before the appellant Court was allowed. Hence the appeal hereat. Appeal dismissed and the impugned rendition of the learned Appellate Court maintained and affirmed. - Whether the learned Commissioner under the Workmen s Compensation Act, in his impugned award erroneously determined the deceased rearing from his engagement by respondent No.1 as a cleaner in the ill fated truck, an income of Rs.2,000/- per mensem. The appeal stood allowed. - The petitioners were convicted by the learned trial Court and affirmed by the

59 59 Thakur, Judge 176 Hon ble Mr Thakur,Judge 177 Hon ble Mr Thakur, Judge 178 Hon ble Mr Thakur, Judge 179 Hon ble Mr Thakur, Judge RSA No. 170 of 2011 Cr. Appeal No.405 of 2006 Cr.Revision No. 254 of 2015 CMPMO 3 of 2014 Duni Chand vs.shakti Chand Anil Kumar vs. State of H.P. State of H.P. vs. Narottam Singh & Ors. Vidya vs. Arvind learned appellate Court under Section 61(1)(a) of the Punjab Excise Act, 1914 as applicable to the State of H.P. The petition allowed and the judgments of conviction and sentence rendered by the both the Courts below are set aside. The plaintiff instituted a suit for permanent prohibitory injunction and for restraining the defendant from changing the nature of the suit land. The learned trial Court decreed the suit of the plaintiff and standing aggrieved the defendant preferred an appeal before the learned Appellate Court, the latter Court affirmed the judgment and decree of the learned trial Court. Hence, the appeal hereat. The appeal stood dismissed and the judgments and decrees of both the learned Courts below stood maintained and affirmed. Appeal of the accused/appellant under Section 20 of the NDPS Act. He was convicted and sentenced by the learned trial Court below for committing the offence under the aforesaid provisions of law. Appeal allowed and the impugned judgement of the learned trial Court set aside. - State of H.P. preferred the instant petition before this Court as the learned Additional Sessions Judge remanded the case to the learned trial Magistrate as the case espoused by the prosecution is exclusively triable by the trial Magistrate and does not fall within the ambit of Section 307 IPC rather falls under Section 324 IPC. Petition allowed and the order impugned before this Court is quashed and set aside. - The petitioner herein preferred an application before the learned District Judge under Section 24 of the Hindu Marriage Act. The learned District Judge declined relief qua maintenance pendent lite to the applicant/petitioner herein. However, it assessed in her favour litigation expenses quantified in a sum of Rs.5000/-. Hence, the petition herein

60 180 Hon ble Mr Thakur, Judge 181 Hon ble Mr Thakur, Judge 182 Hon ble Mr Thakur,Judge 183 Hon ble Mr Thakur, Judge CMPMO No. 337 of 2015 Cr. Revision No. 8 of 2008 Cr. Appeal No. 463 of 2007 FAO No. 10 of Shippi Devi vs. Laja Devi Ude Ram vs. State of H.P. State of H.P. vs. Sharanjit Sr. Executive Eng. Elect. Divn. Vs. Yugal Kishore Petition partly allowed and the order of the learned District Judge modified to the extent of the respondent herein defraying to the petitioner herein/applicant litigation expenses quantified in a sum of Rs.15000/-. - As per the judgment debtor the decree put to execution before the learned Executing Court suffers from an infirmity arising from its standing anvilled upon a purported agreement to sell which stood obtained by the plaintiff/decree holder by her perpetrating fraud upon the defendant/ judgment debtor/petitioner herein. He contends of hence the decree as put in execution being a nullity. Petition dismissed and the impugned order maintained and affirmed. - The learned trial Court convicted the accused/revisionist for his committing offences punishable under Sections 341, 354 and 506 of the Indian Penal Code. It also imposed upon the accused/convict consequent sentences for his committing the afore referred penal misdemeanors. The learned appellate Court affirmed the afore-referred conviction and sentence as imposed by the learned trial Court. The revision petition is allowed and the judgments of conviction and sentences recorded by both the learned Courts below against the accused/appellant are set aside. The accused/revisionist is acquitted of the offences charged. The learned trial Court acquitted the accused/respondent herein of the offences punishable under Sections 279, 337 and 338 of the Indian Penal Code. Hence the appeal by the State of H.P. Appeal dismissed and the impugned judgment maintained and affirmed. - Whether the workman is entitled to enhancement of compensation as assessed by the Commissioner under the Workmen s Act as (Now Employees Compensation Act) the workman suffered 25% disability while he was working under his employer? The appeal stood dismissed Hon ble Mr CMPMO 10 of Satya Devi vs

61 Thakur,Judge. 185 Hon ble Mr Thakur, Judge 186 Hon ble Mr Thakur, Judge 187 Hon ble Mr Thakur, Judge Punjab Singh & Ors. The impugned order of the learned trial Court stands rendered upon an application instituted before it by the defendant/petitioner herein under the provisions engrafted in Section 45 and 73 of the Indian Evidence Act wherein a prayer stood ventilated by the petitioner herein of a direction being rendered,for an expert concerned opining qua the authenticity of the purported thumb impressions of the predecessor-in-interest of the petitioner existing on sale deed purportedly executed by him on qua the suit property on his comparing his thumb impressions existing on sale deed of also executed by the aforesaid. The application stood dismissed by the learned trial Court, hence the instant application at the instance of the defendant/petitioner herein for assailing the findings recorded therein. The petition is allowed and the impugned order is quashed and set aside. Cr. Appeal No. 238 of 2014 FAO No. 504 of 2007 FAO(WCA) No. 515 of 2007 Pradeep Singh vs. State National Insurance Company Ltd. Vs. Vinod Kumar and Anr. OIC Ltd. vs. Dil Bahadur & Ors. The appellant has preferred the appeal under Sections 18 and 20 of the NDPS Act whereby he was convicted and sentenced by the learned trial Court. Appeal allowed and the impugned rendition of the learned trial Court set aside and the accused/appellant is acquitted of the offence charged. Whether the findings of the learned Commissioner with regard to 100% disability as against 30% given by the Medical Board, are erroneous? Appeal preferred by the Insurance Company stood dismissed. The workman sustained injuries during the course of his employment under respondent No.2. The injuries stood sustained by the workman when he was performing work as a labourer on his standing engaged as such for the construction of road at Kuthiari Nallah whereat at about 1.00 p.m stones accidentally fell on his person. The medical board concerned which stood constituted to assess the disability entailed upon the workman in sequel to his sustaining injuries on his person during the course of his employment under his employer has underscored 10%

62 Hon ble Mr. Thakur, Judge 189 Hon ble Mr. Thakur,Judge 190 Hon ble Mr. Thakur, Judge Cr.Appeal No. 166 of 2013 & connected matters RSA No. 462 of 2006 CR No. 106 & 120 of 2005 Lakhan Singh vs. State Besru Devi vs. Ranjit Singh Atul Sudeaqn vs. Ajit Kumar & Others permanent disability of his right arm and right leg standing encumbered upon the workman. The Insurance Company has preferred the appeal hereat Appeal dismissed and the impugned order is maintained and affirmed. Point Involved: Appeals preferred by the appellants/ accused against the judgment of the learned trial Court whereby he convicted and sentenced the accused/appellants for theirs committing offences punishable under Sections 395, 147, 323 read with Section 149, 324 read with Section 149, 342 read with Section 149 and 427 read with Section 149 of the Indian Penal Code. Conclusion: The sentence of imprisonment of seven years, as imposed upon the appellants/accused by the learned trial Court, however, stands modified to the term of sentence of imprisonment already undergone by the accused/appellants. : The plaintiff filed a suit for possession before the learned trial Court which was dismissed by the trial Court. The aggrieved plaintiff preferred an appeal before the appellate Court and the latter Court allowed the appeal preferred by the plaintiff before it. Hence, the defendant has filed the appeal hereat. Conclusion: The appeal preferred by the defendant hereat stood allowed and the impugned judgment of the learned appellate Court stood set aside. : Respondent No.1 Ajit Kumar (in both petitions) instituted a petition for eviction from the demised premises of the petitioners herein (in both petitions) before the learned Rent Controller (2) Nurpur, District Kangra, H.P., on grounds as embodied therein. The learned Rent Controller had dismissed the petition for eviction as constituted before him by aforesaid Ajit Kumar, respondent No.1. Respondent No.1 standing aggrieved by the rendition of the learned Rent Controller whereby the latter dismissed his petition for eviction constrained him to institute an appeal therefrom before the learned Appellate Authority-II, Kangra District at Dharamshala. The learned Appellate Authority on a consideration of the material as constituted before him

63 Hon ble Mr. Thakur, Judge 192 Hon ble Mr. Thakur, Judge 193 Hon ble Mr. Thakur, Judge 194 Hon ble Mr. Thakur, Judge FAO No. 93 of 2010 Cr. Appeal No. 287 of 2006 CMPMO No. 420 of 2015 Cr.MMO No. 159 of 2014 Vinod Sharma vs. Abdul Hassan & Ors. Rashid Mohd. Vs. State Dass Ram vs. Daler Singh & Ors. Bhel vs. U.O.I. reversed the findings and conclusions arrived at by the learned Rent Controller. The purported tenants under respondentno.1 Ajit Kumar standing aggrieved by the rendition of the learned Appellate Authority hence have come to assail the same before this Court. Conclusion: The petitions stood allowed and the impugned order stands quashed and set aside. : The trite conundrum which is enjoined to be put at rest by this Court is whether the deceased Mohd. Hussain died during the course of his standing engaged by appellant or respondent No.1. Each of the aforesaid contrarily contend of the deceased standing engaged by other. Hence they concert to escape the liability as stands fastened upon them by the learned Commissioner. Conclusion: The appeal stood dismissed. : The appellant/accused preferred an appeal before this Court for his being convicted and sentenced by the learned trial Court for his committing offence punishable under Section 20 of the NDPS Act. Conclusion: The appeal is allowed and the impugned judgment is set aside. The accused/appellant is acquitted of the offence charged. : The petitioner preferred an application before the learned appellate Court for adducing evidence qua the mis-reflection occurring in the plaint qua the date of scribing in Urdu of the Will of Mukhitiar Singh, for underscoring the date of its scribing being and not , which stands allowed by the appellate Court. Conclusion:- Petition dismissed and the Impugned order stood maintained and affirmed by this Court.. : An application preferred before the learned Chief Judicial Magistrate by the petitioner herein under Section 190(1) (a), 204, 203 readwith Section 245(2) Cr.P.C wherein relief of dismissal of the complaint besides a relief for the petitioner company standing discharged as an accused stood

64 Hon ble Mr. Thakur, Judge 196 Hon ble Mr. Thakur,Judge 197 Hon ble Mr. Thakur, Judge 198 Hon ble Mr. Thakur, Judge 199 Hon ble Mr. Thakur, Judge Cr.MMO No. 158 of 2014 CMPMO No. 261 of 2014 CR No. 32 of 2016 Cr. Appeal No. 286 of 2007 Cr. Appeal No. 440 of 2015 Bhel vs. U.O.I. Bimla Devi vs. Onkar Nath NIC vs. Meera Verma State vs. Bhumi Dev Rasheed vs. State ventilated stands dismissed. Conclusion: Petition stood dismissed. : An application preferred before the learned Chief Judicial Magistrate by the petitioner herein under Section 190 (1) (A), 204, 203 read with Section 245(2) Cr.P.C stood instituted thereat by the petitioner - company. The aforesaid apposite application stands dismissed. Conclusion: Petition stood allowed. Point Involved: The plaintiff-petitioner instituted a suit before the learned trial Court for recovery of Rs.18,000/- as rent towards the suit premises. The suit came to be dismissed by the learned trial Court. An appeal therefrom stood preferred by the plaintiff/petitioner herein before the learned first Appellate Court which also suffered a similar fate. Standing aggrieved by the concurrently recorded findings of facts against her by both the learned Courts below, the petitioner herein/plaintiff has instituted the instant petition before this Court for assailing them. Conclusion: The petition is dismissed. In sequel, the judgements and decrees rendered by both the learned Courts below are maintained and affirmed. : Whether the time spent by an aggrieved by his/hers bonafidely setting in motion an inappropriate remedy before the inappropriate authority is condonable or not? Conclusion: The petition is dismissed. The order impugned before this Court is affirmed and maintained. Point Involved: State of H.P. preferred an appeal against the impugned rendition of the learned trial Court whereby the latter Court acquitted the respondent/accused for his having committed an offence punishable under Sections 325 and 323 IPC. Conclusion: The appeal stood dismissed. In sequel, the impugned judgment is affirmed and maintained. Point Involved: The accused/appellant herein stands aggrieved by the rendition of the learned trial Court for his being convicted and

65 Hon ble Mr. Thakur, Judge 201 Hon ble Mr. Thakur, Judge OMP(M) No. 32 of 2014 in CS No. 65/12 RSA No. 547 of 2006 M/s Sturdy Industries Ltd. vs. Isotech Electrical Om Parkash vs. Rajpal Sankhyan & Anr sentenced by it under Section 15(b) of the NDPS Act. Hence, the appeal hereat. Conclusion: Appeal dismissed. However, keeping in view the fact that the appellant/accused is undergoing sentence of imprisonment and has already undergone about nine months of imprisonment, this Court thought it just and appropriate to modify the sentence of imprisonment imposed upon him by the learned trial Court to the term already undergone by him. Point Involved: The defendants have instituted two applications before this Court. One application under Order IX Rule 13 CPC for setting aside the ex-parte decree rendered by this Court on and another application accompanying it constituted under Section 5 of Limitation Act for condoning the delay as stands begotten in the purported belated institution of the application by the defendants under Order IX Rule 13 of the CPC for setting aside the ex-parte decree of this Court of Conclusion: The application stood dismissed. Interim order vacated. Point Involved: Whether the Lower Appellate Court has committed grave error of law and jurisdiction in reversing the findings of the Trial Court on Issue No.4 i.e. non joinder of necessary parties? When the plaintiff in the suit was not claiming any relief against the State of Himachal Pradesh nor the frame of suit was such, which would have made State of Himachal Pradesh as necessary party, has not the Lower Appellate Court committed grave error of procedure in dismissing the suit by holding that State of Himachal Pradesh is necessary party without affording the opportunity to the plaintiff-appellant to array State of Himachal Pradesh as party by ignoring the provisions of Code of Civil Procedure? Conclusion: The appeal partly allowed and partly dismissed. The judgment and decree rendered by the learned First Appellate Court is modified to the extent that the defendants / respondents are restrained from interfering qua the possession of the plaintiff over land comprised in khasra No.205 measuring sq. meters. However, the

66 Hon ble Mr. Thakur, Judge 203 Hon ble Mr. Thakur, Judge 204 Hon ble Mr. Thakur, Judge 205 Hon ble Mr. Thakur, Judge Cr. Appeal No. 190 of 2008 Cr. Appeal No. 22 of 2007 Cr. Appeal No. 188 of 2008 Cr. Revision No. 102 of 2008 State vs. Onkar Chand State vs. Naresh Kumar State vs. Sanjay Hans Raj vs. State plaintiff/appellant is not held entitled to any relief qua Khasra No. 367/206 which stands exclusively owned and possessed by the State of H.P. Point Involved: State of H.P. preferred an appeal against the impugned rendition of the learned appellate Court whereby the latter Court while reversing the findings of conviction and sentence recorded by the learned trial Court, acquitted the respondent/accused for his having committed an offence punishable under Sections 279 and 338 IPC. Conclusion: The appeal stood dismissed. In sequel, the impugned judgment is affirmed and maintained. Point Involved: State of H.P. preferred an appeal against the impugned rendition of the learned appellate Court whereby the latter Court while reversing the findings of conviction and sentence recorded by the learned trial Court, acquitted the respondent/accused for his having committed an offence punishable under Sections 279, 337 and 338 IPC. Conclusion: Appeal allowed and the impugned judgment of acquittal recorded by the learned Appellate Court is set aside. In sequel the judgment of conviction and sentence recorded by the learned trial Court is maintained and affirmed. Point Involved: State of H.P. preferred an appeal against the impugned rendition of the learned trial Court acquitting the respondent/accused for his having committed an offence punishable under Sections 279, 337 and 338 of the Indian Penal Code read with Sections 181, 192 and 196 of the Motor Vehicles Act. Conclusion: Appeal dismissed and the impugned judgment of the learned trial Court is maintained and affirmed. Point Involved: The instant revision petition stands preferred hereat by the accused while he stands aggrieved by the concurrently recorded renditions of both the Courts below whereby he stands convicted and consequently sentenced in the manner as encapsulated therein for his committing offences punishable under Sections 304- A, 279, 337 of the Indian Penal Code and

67 Hon ble Mr. Thakur, Judge 207 Hon ble Mr. Thakur, Judge 208 Hon ble Mr. Thakur, Judge. 209 Hon ble Mr. Thakur, Judge Cr,Appeal No. 212 of 2008 Cr.MMO No. 140 of 2009 Cr. Appeal No. 214 of 2007 RSA No. 102 of 2004 State vs. Subhash Chand Balbir Singh vs. State State vs. Tula Ram Niru Ram vs. State & Ors. under Section 184 of the Motor Vehicles Act. Conclusion: The concurrently recorded findings of conviction against the petitioner herein by both the Courts below stand affirmed. In aftermath, this Court finds no merit in the petition, which is accordingly dismissed. The judgment of conviction and sentence recorded against the accused by both the Courts below are maintained and affirmed. As the petitioner is on bail, his bail bonds are cancelled. He be taken into custody forthwith to suffer the sentence. : The State of H.P. has preferred the appeal against the rendition of the learned trial Court whereby the latter Court acquitted the respondent/accused for his having committed offences punishable under Sections 279, 337 and 338 IPC. Conclusion: The appeal is dismissed. In sequel, the impugned judgment is affirmed and maintained. Point Involved: The petitioner herein assailed the concurrent renditions of the learned Courts below against him for his committing offences punishable under Sections 41, 42 and 52 A of the Indian Forest (H.P.Second Amendment) Act, 1991 read with Section 69 of the Indian Forest Act, Conclusion: The petition stood allowed. Point Involved: The instant appeal stands directed by the State of Himachal Pradesh against the judgment of the learned trial Court whereby it acquitted the accused/ respondents for theirs allegedly committing offences punishable under Sections 16 of the H.P.Land Preservation Act, 1978, 12 of the H.P. Forest Produce (Regulation of Trade) Act, 1982 read with Section 120 B IPC. Conclusion: The appeal stood dismissed. In sequel, the impugned judgment is affirmed and maintained. Point Involved: Whether both the learned Courts below have mis-interpreted the documents which are the Jamabandies with effect from to and Jamabandies PX and PY for the years , vide which the possession of the plaintiff

68 Hon ble Mr./ Thakur, Judge 211 Hon ble Mr. Thakur, Judge 212 Hon ble Mr. Thakur, Judge RSA No. 228 of 2014 FAO No. 372 of 2007 Cr. Appeal No. 144 of 2007 Harish Kumar vs. Manorma Devi & Ors. Anu & Anr vs Santokh Singh & Ors. State vs. Jai Chand has been mentioned as Kabza Najaez and also the oral evidence? Conclusion: The appeal stood dismissed. Impugned judgments and decrees stand maintained and affirmed. Point Involved: Whether on account of mis-appreciation of the pleadings and misreading of the oral as well as documentary evidence available on record, the findings recorded by both Courts below are erroneous and, as such, the judgment and decree impugned in this appeal being perverse and vitiated is not legally sustainable? Conclusion: The endeavor of the plaintiffs to seek restoration of the suit property from the defendant is legally apt besides also the concurrently recorded findings of both the Courts below do not suffer from any infirmity, hence the impugned judgment(s) and decree(s) are maintained and affirmed. Point Involved: The instant appeal arises from the impugned order of the learned Collector, Sub Division-cum-Commissioner, under the Workmen's Compensation Act, Ghumarwin, District Bilaspur, H.P. whereby he dismissed the application preferred thereat under Section 22 of the Workmen Compensation Act the successors-in-interest of deceased Rakesh Kumar, who in an accident involving car bearing No. HP-23A-2077 which on while standing plied on National Highway from Chandigarh to Mandi developed a mechanical fault sequeling its rolling into a gorge, in consequence whereof deceased Rakesh Kumar sustained grievous injuries to which he succumbed. The primary reason which prevailed upon the learned Commissioner to dismiss the application preferred by the successors-in-interest of the deceased stood anvilled upon an interpretation by him qua the definition of 'workman' encapsulated in Section 2 (n) of the Act. Conclusion: The appeal is dismissed and the order impugned before this Court is affirmed and maintained. Point Involved: The State of H.P. has preferred this appeal against the rendition of the learned Sessions Judge whereby he acquitted the respondent/accused for his committing

69 Hon ble Mr. Thakur,Judge 214 Hon ble Mr. Thakur, Judge 215 Hon ble Mr. Thakur, Judge 216 Hon ble Mr. Thakur, Judge 217 Hon ble Mr. Cr. Appeal No. 218 of 2007 Cr. Appeal No. 300 of 2006 CWP Nos & 2850 of 2015 Cr. Revision No. 75 of 2015 Cr. Appeal No. 450 of 2007 State vs. Prem Raj State vs. Surinder Singh Bachittar Singh vs. HP Ex. Servicemen Corp. & Anr Vivek Kumar vs. State Munish Verma & Anr vs. State offences punishable under Section 3 (i) (viii) of the Scheduled castes and the Scheduled Tribes (Prevention of Atrocities) Act, Conclusion: The appeal is dismissed and the judgment of the learned trial Court is maintained and affirmed. Point Involved: The State of H.P. has preferred this appeal against the rendition of the learned trial Court whereby it acquitted the respondent/accused for his committing offences punishable under Sections 279, 337 and 338 of I.P.C, Conclusion: The appeal is dismissed and the judgment of the learned trial Court is maintained and affirmed. : The State has preferred this appeal against the rendition of the learned appellate Court whereby the latter Court acquitted the respondent/accused by reversing the findings of conviction recorded by the learned trial Court against the accused for his committing the offences punishable under Sections 279, 337, 338 and 304-A of the Indian Penal Code. Conclusion: The appeal stood dismissed and the judgment of the learned Appellate Court is maintained and affirmed. Point Involved: Whether the petitioner is entitled to continue to ply his Truck in ACC Ltd. Barmana for carrying cement being an Ex- Serviceman despite of his being reemployed in Government Service? Conclusion: Both the writ petitions stood dismissed by this Court. Point Involved: The petitioner stands aggrieved against the concurrently recorded findings of conviction and sentence of both the Courts below for his committing offences punishable under Sections 279 and 338 of the Indian Penal Code. Conclusion: The petition stood allowed and the judgments of conviction and sentence rendered by both the Courts below are set-aside. Point Involved: The appellant/accused preferred the instant appeal for his committing an

70 70 Thakur, Judge 218 Hon ble Mr. Thakur, Judge 219 Hon ble Mr. Thakur, Judge 220 Hon ble Mr. Thakur, Judge 221 Hon ble Mr. Sanjay Karol and Hon ble Cr. Appeal No. 178 of 2008 Cr. Appeal No. 229 of 2006 Cr. Appeal No.12 of 2014 Cr. Appeal No. 267 of 2009 State vs. Raj Kumar State Vs. Prem Chand & Ors. Vinod Kumar vs. State State of H.P. vs. Dola Ram Offence punishable under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 whereby the learned trial Court convicted and sentenced him. Conclusion: The appeal stood allowed and the judgment of conviction and sentence recorded by the learned trial Court is set aside. Accused stand acquitted of the charge. Point Involved: The State of H.P. is aggrieved by the rendition of the learned trial Court whereby the respondent/accused was acquitted for his committing offence punishable under Section 279 IPC. Conclusion: The appeal stood allowed and the judgment of acquittal rendered by the learned trial Court is quashed and setaside. The accused is held guilty for his committing an offence punishable under Section 279 IPC. Taking into consideration the facts and circumstances of the case, he is sentenced to undergo simple imprisonment for a period of two months and also to pay a fine of Rs.1000/-. In default of payment of fine amount he shall further undergo simple imprisonment for a period of 15 days. Point Involved: The State of H.P. has assailed the rendition of the learned trial Court whereby the latter Court acquitted the respondents/accused for theirs committing offences punishable under Sections 451, 325, 323 read with Section 34 of the Indian Penal Code. Conclusion: The appeal stood dismissed. In sequel, the impugned judgment is affirmed and maintained. Point Involved: The appellant/accused has assailed the rendition of the learned trial Court whereby the learned trial Court convicted and sentenced him for his committing offence punishable under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, Conclusion: The appeal stood dismissed and the judgment of the learned trial Court maintained and affirmed. Whether the independent witness, who has taken the injured at the first instance

71 71 Mr. Chander Bhusan Barowalia to hospital is a material witness or not? Conclusion Held that such witness is material and non-examination of such witness creates a dent in the prosecution story. 222 Hon ble Mr. Rajiv Sharma and Hon ble Mr. Chander Bhusan Barowalia 223 Hon ble Mr. Rajiv Sharma and Hon ble Mr. Chander Bhusan Barowalia 224 Hon ble Mr. Chander Bhusan Barowalia 225 Hon ble Mr. Chander Bhusan Barowalia 226 Hon ble Mr. Chander Bhusan Barowalia Cr.Appeal No. 69 of 2016 Cr.Appeal No. 288 of 2015 Cr. Appeal No of 2015 CWP No of RSA No.451 of Sohan Lal Vs. State of H.P. Rajdev alias Raju & Anr. Vs. State of H.P. Farukh Ahmad Vs. Union of India & Ors. Dharam Dass Kashyap versus The Station Director, All India Radio, New Delhi & Anr. Shri Jehar Singh Vs Smt. Nias Pati Whether circumstantial evidence is material when the statements of prosecution witnesses are having little contradiction. Conclusion Held Yes. If the circumstantial evidence confronted with the statements of the prosecution witnesses even if there are minor contradictions conviction can be based upon such statements ignoring the minor contradictions. When the presence of the accused is doubtful, can he be convicted only on the basis of circumstantial evidence. Conclusion Held when the presence of the accused is doubtful and it cannot be said that he was present in the area around along with coaccused when the offence was committed, the accused whose presence was doubtful, cannot be convicted merely on the basis of circumstantial evidence only. Whether reservation in the Army on the basis of belonging to a particular Class is reasonable. Conclusion Held Yes. When the name was recommended for grant of special pay of Rs.70/- as per the Policy and the petitioners fulfill all the criteria and similar benefits granted to others, can the benefit be denied to a particular individual for the reason that the recommending authority could not produce the whole record with respect to a particular person. Conclusion No. Where the polyandry is in existence, whether the wife can claim maintenance from anyone of her husband? Conclusion Yes. She can claim maintenance from any one husband and the husband cannot plead that she should seek maintenance from the others at the first instance

72 Hon ble Mr. Chander Bhusan Barowalia 228 Hon ble Mr. Chander Bhusan Barowalia 229 Hon ble Mr. Chander Bhusan Barowalia 230 Hon ble Mr. Chander Bhusan Barowalia 231 Hon ble Mr. Chander Bhusan Barowalia CWP No.2741 of CMPMO No.108 of FAO No.479 of Cr.A No.336 of CWP No.3250 of HPSEB vs M/s Nectar Life Sciences Limited & another. Shri Mansa Ram vs Shri Nand Lal Smt. Babli Devi and others vs. Smt. Maya Devi and others State of H.P. vs Joginder Singh Jaswant Singh vs State of Himachal Pradesh & anr. Whether under the Electricity Act, 2003 after making assessment under Section 126 of the Act, one can finalize the assessment without affording opportunity to the assessee of being heard? Conclusion No. The assessee is entitled to file objections if any under Section 166(2) and otherwise also the principle of audi altrem partem is mandatory even in a quasi judicial decisions. Can amendment under Order 6 Rule 17 CPC be allowed for bringing cause of action, which was earlier taken as the defendant has promised to redress in a compromise before the police? Conclusion No. without taking permission of the Court under Order 2 Rule 2 CPC, the plaintiff has to sue for all the causes available to him at the time of filing of the suit and if he has chosen not to sue on one cause which was available at the time of filing of the suit the suit qua that is barred under order 2 Rule 2 CPC and so the amendment cannot be allowed to surpass the provisions of law. Whether the income of the deceased while doing the agricultural work after the service hours can be taken into consideration for quantifying the compensation? Conclusion Yes. All the income is required to be taken into consideration. When the accused is acquitted for an offence committed under Sections 366 and 376 IPC, whether he can be convicted under Section 363 IPC? Conclusion Yes. If the evidence on record depicts that though he has not committed the offence under Section 366 and 376 IPC but the age of the prosecutrix was below 18 years, the conviction and sentence under Section 363 IPC is required to be imposed. Whether the bus route permit can be cancelled taking an unilateral decision? Conclusion No. As per Section 86 of the Motor Vehicle Act, the permit holder is required to be given a reasonable opportunity of being heard before cancellation of the route

73 Hon ble Mr. Chander Bhusan Barowalia 233 Hon ble Mr. Chander Bhusan Barowalia CWP No.9234 of 2013 alongwith CWP No.72 of RSA No.193 of Sapna vs. State of HP & ors. and Ushma Kumari versus State of H.P. & Anr. Smt. Mansha Devi vs Shri Virender Kumar & ors. permit. Whether the reservation roster can be applied taking all the posts under establishment as one Cadre? Conclusion No. The reservation roster is required to be applied to each cadre separately. 1.Whether the findings of the Court below are perverse, based on misreading of oral and documentary evidence and ignoring the presumption of truth attached to the consistent revenue records for the last sixty years, particularly, jamabandies for the years , and Whether the suit of the plaintiff was within limitation when the plaintiff had an occasion to know the entries of the last sixty years and the mere order of the Financial Commissioner conferred the right to file the suit? Conclusion That howsoever the long revenue entries, they are rebutable on the basis of possession and limitation starts from the date of knowledge with regard to adverse entries Hon ble Mr. Chander Bhusan Barowalia 235 Hon ble Mr. Chander Bhusan Barowalia 236 Hon ble Mr. Chander Bhusan Barowalia FAO No.285 of Cr.MMO No.127 of CWP No.2512 of Smt. Senu vs. Suresh Sharma and others. Mani Bhushan Singh vs. State of H.P. and others. Lata Devi vs. State of H.P. & others. While calculating the compensation and applying the multiplier, the age of the deceased is to be taken into consideration. Conclusion Held. In case there is widow, the age of the widow is a relevant factor, which is required to be taken into consideration for the purpose of multiplier. The deceased was 51 years of age but the widow was 40 years of age, so, the multiplier of 17 was required to be applied. Whether the parties can enter into an agreement for compounding of offences under Sections 279 and 337 IPC? Conclusion When the parties have already compromised the matter under Article 226/227, the best course is to quash the proceedings after exercising the powers vested under Cr.P.C. Whether it is a certificate of a particular category or ones belonging to that category which makes a person entitled for reservation?

74 Hon ble Mr. Chander Bhusan Barowalia RSA No.313 of H.P. State Forest Corporation & another vs. Shri Kahan Singh (since dead) through L.Rs. Conclusion It is not a certificate but the fact that person belongs to a particular category which entitles him for the reservation in that category. The certificate is only a proof. Whether the findings of the Court below are vitiated in concluding that Clause No.18 of the agreement was in existence at the time of the execution of agreement. Whether the courts below failed to construe and interpret the terms and conditions of the agreement properly? Conclusion If the parties who have executed agreement and signed the same, including Clause 18 thereof, which provides that the plaintiff is entitled for additional amount after achieving the target at the higher rates, which the plaintiff is claiming, the documents cannot be allowed to be produced in a belated stage for adjudication Sl. Coram N o. 1. Hon ble Mr. Mansoor Ahmed Mir, Chief and Hon ble Mr. Sandeep Sharma, Judge. 2. Hon ble Mr. Mansoor Ahmed Mir, Chief and Hon ble Mr. Sandeep Sharma, Judge. 3. Hon ble Mr. Mansoor Ahmed Mir, Chief and Hon ble Landmark Decisions of Public Importance Nature of the case with No. LPA No.286 of 2012 OSA No.2 of 2007 LPA No.87 of (w.e.f., to ) Title of the case Subject matter of the decision in brief Date of Decision Amar Nath Rana vs. State of H.P. and others Rajesh Kumar Sood vs. Parvej Nowrojee and others HPU and another versus Shri Mohinder Pal and others The core question involved in the appeal was - whether a candidate, who had participated in a selection process, failed to make a grade, can question the selection process and the procedure adopted? While dismissing the appeal and the writ petition, the Court observed that such candidates are caught by estoppel, acquiescence and waiver SCC 454 was relied on. The genesis of the dispute between the parties was agreement to sell. The learned Single Judge dismissed the suit and held that the plaintiff had failed to prove the execution of the agreement. While dismissing the appeal, it was held that the remedy for specific performance is an equitable remedy and the court while granting decree of specific performance should exercise its discretion with due care and caution. The question before the Court was whether ad hoc service rendered by the writ petitioners can be counted towards seniority and can they rank senior to a person who came to be appointed after due

75 75 Mr. Tarlok Singh Chauhan, Judge. 4. Hon ble Mr. Mansoor Ahmed Mir, Chief and Hon ble Mr. Tarlok Singh Chauhan, Judge. 5. Hon ble Mr. Mansoor Ahmed Mir, Chief and LPA No. 134 of 2010 LPA No.186 of 2015 Satish Chander Thakur versus State of H.P. and another M./s Winsome Textile Industries Limited vs. The State of HP and another selection process against substantive process. Held: Equality can be claimed on legal basis and on the foundation which is permissible under law. Equality cannot be claimed amongst unequals, that too, with the persons who have been given benefits by illegal means or in breach of the Rules. Writ petitioner/appellant was appointed as Director of Prosecution, Himachal Pradesh, vide notification dated 3rd March, 2007, was to retire from service, on attaining the age of superannuation, on 30th April, 2007, however, the State Government, vide notification, dated 30th April, 2007, (Annexure P-4), granted extension in service for a period of one year in his favour w.e.f. 1st May, 2007 to 30th April, Feeling aggrieved by the action of the respondents of treating him as retired from the post of Joint Director Prosecution and not from the post of Director of Prosecution, Himachal Pradesh. The learned Single Judge, vide impugned judgment, after referring to the provisions contained in the Financial Rules (FR for short), held that the petitioner was given extension in service against the post of Joint Director and not against the post of Director Prosecution, and as such dismissed the writ petition. The questions involved in the appeal were - (i) Whether the Writ Court had rightly made the impugned judgment by upholding the action of the State Government whereby all service benefits stand granted to the writ petitioner/appellant by treating him to have retired as Joint Director (Prosecution)? (ii) Whether the writ petitioner had retired from the post of Director of Prosecution and the retiral benefits are to be released in his favour accordingly? Held: The petitioner was holding the post of Director of Prosecution as on 30th April, 2007, (actual date of superannuation) and is entitled to all retiral benefits against the said post till 30 th April,2007. Consequently, the writ petition was granted with a command to the respondents to grant all retiral service benefits to the writ petitioner/appellant as Director Prosecution upto 30th April, 2007 as per the last pay drawn by him as on 30th April, Held: Question of fact cannot be gone into in writ proceedings, while relying upon the decisions of the Apex Court

76 76 Hon ble Mr. Sandeep Sharma, Judge. 6. Hon ble Mr. Mansoor Ahmed Mir, Chief and Hon ble Mr. Sandeep Sharma, Judge. 7. Hon ble Mr. Mansoor Ahmed Mir, Chief and Hon ble Mr. Sandeep Sharma, Judge. 8. Hon ble Mr. Mansoor Ahmed Mir, Chief and Hon ble Mr. Sandeep Sharma, Judge. CWPIL 12 of 2015 CWPIL No.15 of 2014 FAO 474 of 2010 Court on its own motion vs. State of H.P. and others Court on its own motion vs. State of H.P. and others OIC vs. Sihnu Ram and others The Court took suo motu cognizance of the inadequate infrastructure in Indira Gandhi Medical College and Hospital, Shimla. As interim measure, the Court passed the following main directions to the respondents-state: i) to make functional the Nephrology Department either in the hospital or in any building in the vicinity of the hospital within four weeks; ii) to take all steps to make available the Kidney Transplant Facility in IGMC, Shimla. The Court took suo motu cognizance of the encroachments made alongside the National Highways. As interim measure, the Court passed the following main direction, amongst others, to the respondents-state: No construction shall be allowed to be raised on the sides of the National Highways in violation of the sanction granted. Reference was made by the Single Judge on noticing the conflicting judgments made by this Court. Question for determination was - Once the jurisdiction of the Claims Tribunal had been invoked and during the trial, evidence comes on record to the effect that the accident was outcome of rash and negligent act and income of the victim was more than Rs.40,000/- per annum, whether the petition under Section 163-A of the MV Act can be dismissed? Held: The protection provided under Section 163-A of the MV Act is to the victims whose income slab is up to Rs.40,000/- per annum and that remedy is not available to the victims whose income slab is more than Rs. 40,000/- per annum. If the Claims Tribunal comes to the conclusion that the income slab of the victim is more than Rs.40,000/-, the remedy under Section 163-A of the MV Act cannot be pressed into service, but, as discussed hereinabove, it can be treated as claim petition under Section 166 of the MV Act by providing opportunity to the claimants to prove rash and negligent element, which is sine quo non for determining the claim petition under Section 166 of the MV Act and opportunity is also required to be provided to the respondents to raise all defences available to them in terms of the mandate of the MV Act

77 77 9. Hon ble Mr. Mansoor Ahmed Mir, Chief. 10. Hon ble Mr. Mansoor Ahmed Mir, Chief. 11. Hon ble Mr. Mansoor Ahmed Mir, Chief. 12. Hon ble Mr. Mansoor Ahmed Mir, Chief FAO No.465 of 2009 FAO Nos.129 of 2011 & 239 of 2012 FAO No.182 of 2009 FAO No.189 of 2011 Sharestha Devi and others vs. Kishori Lal and others. i)chander Shekhar vs. Lal Singh and others, ii) Lal Singh vs. OIC Vinod Kumar vs. Kaulan Devi and another Dinesh Kumar vs. Puran Singh The claimants cannot be permitted to abandon a part of their claim and restrict the same to Rs.40000/- per annum in order to avail the remedy under Section 163-A of the MV Act. That is not the aim, object and scope of the Legislation. If that would have been so, then there was no need to prescribe the income slab and in case the claimants are allowed to do so, it will amount to re-writing the provisions of Section 163-A of the MV Act. (Paras 48 & 49) Question before the Court was Whether the claim petition was maintainable when the offending vehicle was stationary for the purpose of unloading material. Held: The deceased was unloading marble slabs at the relevant time, one of the marble slabs slipped and hit the deceased. Thus, the case was of accident arising out of use of motor vehicle. Accordingly the claim petition was allowed and compensation was granted. Owner filed appeal since the Tribunal saddled him with the liability, while claimant filed appeal for enhancement of compensation. Held: Deceased was traveling in the offending vehicle alongwith goods. Therefore, the liability was fastened on the insurer. In the facts of the case and the law applicable, the appeal filed by the claimant was dismissed. The Tribunal fastened the liability on the owner, who filed the appeal on the ground that he was having a valid and effective driving licence for driving light motor vehicle and the vehicle involved in the accident was LMV. Held: The appeal under Section 173 of the Motor Vehicles Act and the appeal under Section 96 CPC are alike and the High Court is under legal obligation to decide all issues arising in the case, while dealing with an appeal filed under Section 173 of the MV Act. Further observed that in terms of mandate of Section 176(c) of the MV Act, the Claims Tribunals are vested with the powers of Civil Court. After examining the facts and the evidence, further held that the driver was having a valid and effective driving licence thus, the liability was shifted upon the insurer and the appeal was allowed. Questions for consideration in the appeal were: (i) Whether the claim petition filed under

78 Hon ble Mr. Mansoor Ahmed Mir, Chief. 14. Hon ble Mr. Mansoor Ahmed Mir, Chief. 15. Hon ble Mr. Sanjay Karol, Judge. 16. Hon ble Mr. Sanjay Karol, Judge. 17. Hon ble Mr. Sanjay Karol, Judge. 18. Hon ble Mr. Sanjay Karol, Judge. 19. Hon ble Mr. Sanjay Karol, Judge. 20. Hon ble Mr. Sanjay FAO No.436 of 2010 FAO No.349 of 2011 CWP No.3194/2015 RFA No.144/2006 Arb. Case No. 107/2010 CR No.63/2006 a/w 5/2010 RFA No.229/2009 a/w RFA Nos.230 to 272/2009 RFA No.687/2011 OIC vs. Bimla Devi and others Daljeet Chand vs. Santokh Kumar and others Bhardwaj Shikshan Sansthan Karsog Vs. State of H.P. Prithi Chand Vs. Kashmir Singh Sham Mahajan Vs. State of H.P. D.K. Agarwal Vs. Pankaj Sharma Land Acquisition Collector, NHPC Vs. Tedhi Singh & others. Nirmala Devi Vs. LAC, Railways and Section 166 of the Motor Vehicles Act, 1988, for the grant of compensation can be dismissed on the ground that the claimant has not specifically pleaded in the claim petition that the accident was outcome of rash and negligent driving of the driver? (ii) Whether it is necessary to plead rash and negligent driving by the driver in a claim petition? Held: It is not the mandate of the Motor Vehicles Act that rash and negligent driving has to be pleaded in a claim petition, these proceedings are summary in nature and can be proved during the trial. The question in the appeal was - Whether the insurer can question the impugned award on the ground of adequacy of compensation? Held: The insurer had filed application under Section 170 of the Motor Vehicles Act, which was allowed, thus, the insurer was well within its rights to contest the claim petition on all grounds. The claimant-injured filed appeal for enhancement, Held: Appeal under Section 173 of Motor Vehicles Act and Section 96 CPC are alike, and court can decide all issues in appeal filed under Section 173 of the MV Act. Further held, compensation in injury cases has to be granted commensurate with the disability suffered, pain and sufferings undergone and to undergo, loss of amenities of life, future medical treatment, attendant charges, medical expenses incurred etc. Petition Under Article 226 of the Constitution of India. Issue of Judicial review of an order passed by a Quasi Judicial Authority. Petition dismissed. Appeal against judgment decreeing the suit for damages stands dismissed. Petition u/s 34 of Arbitration and Conciliation Act against the award dismissed. Revisions Petitions u/s 24(5) of the H.P. Urban Rent Control Act against ejectment orders allowed and ejectment set aside. Appeals against award of Collector dismissed. Issue of uniform market value and real market value of the acquired land as also non-consideration of exemplar sale deed tendered by the beneficiary on account of non-examination of vendor/vendee arose for consideration. Appeals filed by beneficiary and claimants against the award of collector dismissed

79 79 Karol, Judge. a/w RFA Nos.33/2013 to 46/ Hon ble Mr. CR Sanjay No.122/2007 Karol, Judge. 22. Hon ble Mr. Sanjay Karol, Judge. 23. Hon ble Mr. Sanjay Karol, Judge. 24. Hon ble Mr. Sanjay Karol 25. Hon ble Mr. Sanjay Karol, Judge. 26. Hon ble Mr. Sanjay Karol Hon ble Mr. Ajay Mohan Goel, Judge. 27. Hon ble Mr. Sanjay Karol Hon ble Mr. Ajay Mohan Goel, Judge. 28. Hon ble Mr. Sanjay Karol Hon ble Mr. Ajay Mohan Goel, Judge. 29. Hon ble Mr. Sanjay Karol Hon ble Mr. Ajay Mohan Goel 30. Hon ble Mr. Sanjay Karol Hon ble Mr. Ajay Mohan Goel, Judge. 31. Hon ble Mr. Sanjay Karol Hon ble Mr. Ajay Cr.Appeal No.495/2015 CWP No.2748/2014 Cr.Appeal No.194/2016 CMPMO No.164/2016 Cr.Appeal No.363/2015 Cr.Appeal No.319/2012 Cr.Appeal No.290/2015 Cr.Appeal No.208/2010 Cr.Appeal No.60/2015 a/w 63/2015 and 64/2015 Cr.Appeal No.72/2015 others Asha Tiwari Vs. Manoj Kumar Dalip Kumar Vs. State of H.P. Rajeev Chauhan Vs. State of H.P. Hem Raj Vs. State of H.P. Kiran Bala Vs. Mansa Devi Bansari Lal Vs. State of H.P. State of H.P. Vs. Ramesh Chand Darshan Singh Vs. State of H.P. State of H.P. Vs. Santosh Kumar Jainem Vs. State of H.P. Balbir Thapa Vs. State of H.P. Revision Petition filed by landlady against order passed by Appellate Authority dismissing the eviction order passed by Rent Controller, allowed. Issue of Family arose for consideration. Appeal against conviction u/s 376 IPC allowed and accused acquitted. Petition for payment of forest produce grown over petitioner s private land allowed. Issue of notification dated in exercise of powers vested u/s 7 of H.P. Forest Produce (Regulation of Trade), Act, came for consideration. Appeal against conviction u/s 4 of the POCSO Act and s. 506(II) IPC dismissed. Petition filed under Article 227 of the Constitution of India dismissed. Provisions of Order 8 Rule 1A(3) CPC arose for consideration. Appeal against conviction under Section 376 IPC and 4 of the POCSO Act dismissed and conviction upheld. Appeal against acquittal u/s 498-A and 302 IPC allowed and accused convicted and sentenced. Appeal against conviction u/s 20 NDPS Act dismissed. Appeal against conviction under u/s 376 IPC allowed and accused convicted and sentenced. Appeals against conviction u/s 300/302/34 IPC converted to one u/s 299/304(ii)/34 IPC Appeal against conviction u/s 302 IPC allowed and accused acquitted

80 Mohan Goel 32. Hon ble Mr. Sanjay Karol Hon ble Mr. Ajay Mohan Goel, Judge. 33. Hon ble Mr. Sanjay Karol Hon ble Mr. Ajay Mohan Goel, Judge. 34. Hon ble Mr. Sanjay Karol Hon ble Mr. Ajay Mohan Goel, Judge. 35. Hon ble Mr. Sanjay Karol Hon ble Mr. Ajay Mohan Goel, Judge. 36. Hon ble Mr. Sanjay Karol Hon ble Mr. Ajay Mohan Goel, Judge. 37. Hon ble Mr. Dharam Chand Chaudhary,Judge 38. Hon ble Mr. Chand Chaudhary, Judge. Dharam 39. Hon ble Mr. Dharam Chand Chaudhary, J. & Hon ble Mr. Chander Bhusan Barowalia, Judge. 40. Hon ble Mr. Dharam Chand Chaudhary, J. & Hon ble Mr. Thakur, Judge. Cr.Appeal No.430/2010 Cr.Appeal No.191/2012 Cr.Appeal No.250/2008 Cr.Appeal No.82/2016 Cr.Appeal No.4219/2013 Review Pet. No. 135 of CMPMO No. 340 of 2015 Cr.Appeal No of Cr. Appeal No.3 of State of H.P. Vs. Sanjeev Kumar State of H.P. Vs. Rahul Kumar Sharma State of H.P. Vs. Sumit Kumar Taranjit Singh Vs. State of H.P. Jitender Kumar Vs. State of H.P. Tarseem Kumar & ors. Vs. State of H.P. & ors. Kishori Lal vs. Jammu and Kashmir Bank Ltd. & anr. State of H.P. versus Virender Singh Jaga Singh versus State of H.P. Appeal against acquittal u/s 498-A and 306 IPC allowed and accused convicted and sentenced. Appeal against acquittal u/s 341, 353, 332, 333 and 302 IPC dismissed. Appeal of State against acquittal u/s 302 IPC dismissed. Appeal against conviction u/s 302, 201/34 IPC allowed and accused acquitted. Appeal against conviction u/s 302, 201/34 IPC allowed and accused acquitted. Appeal to be heard afresh after deciding abatement and substituting the LRs who died during the pendency of appeal. Comparison of signatures of loanee at the instance of guarantor not permissible. The visit of the accused belonging from Haryana to such a remote area where he was apprehended remained unexplained, hence held him guilty and convicted under Section 20 of the NDPS Act. After finding certain ambiguity in the trial, directed Registrar Vigilance to issue instructions in the light of the observations in the judgment to all subordinate Courts Hon ble Mr. RSA No. 592 Sarjan & Ors versus Held that no exemption from substitution of

81 Dharam Chand Chaudhary, Judge. 42. Hon ble Mr. Dharam Chand Chaudhary, Judge. 43. Hon ble Mr. Dharam Chand Chaudhary, Judge. 44. Hon ble Mr. Dharam Chand Chaudhary, Judge. 45. Hon ble Mr. Dharam Chand Chaudhary, Judge. 46. Hon ble Mr. Dharam Chand Chaudhary, Judge. 47. Hon ble Mr. Dharam Chand Chaudhary, Judge. 81 of 2015 Bimla & Others legal representatives can be granted at the stage when the case was pending before the High Court, hence remanded back to the trial Court for fresh disposal after deciding the question of abatement of the suit. Cr.MPM No. 813 of 2016 FAO No. 177 of 2006 CMPMO No of 2013 RSA No. 437 of 2002 Cr.MMO No. 122 of 2016 CR.MP(M) No of Gurdass Singh vs. State of H.P. Nirmala & Others versus Kaushalya Devi & another Roshan Lal versus Beli Ram & Others HPSEBL versus yash Pal & Others Vinod Chadha versus State of H.P. & another Kans Raj vs. State of H.P. Held that the accused was found to be carrying 1 kg. charas, hence not entitled to be admitted on bail. Held that the death of deceased driver occurred on account of exposer while driving the truck without windscreen and after allowing the appeal compensation was awarded to the dependants. While concurring with the findings recorded by learned lower appellate Court that prima facie a case is made out in favour of the plaintiffs and balance of convenience also lies in their favour, the order under challenge was affirmed. Held that the plaintiffs are not entitled to perpetual injunction as they are in unlawful possession of the suit land. When they are already evicted from the suit land by the competent authority, hence the suit for decree of perpetual injunction was decreed erroneously. Held that the accused, who has been declared a proclaimed offender, shall not be arrested on his way to surrender in the trial Court. Held that the rigor of Section 37 of NDPS Act is not attracted, hence the conditions do not apply to any other offence and admitted on bail Hon ble Mr. Dharam Chand Chaudhary, Judge. CMP(M) No of Chewari Ram vs. State of H.P. After finding that the enhancement given by the reference Court is manifold, hence held that just and reasonable compensation stands awarded, the application was dismissed Hon ble Mr. C.R. No.120 Baldev Dutt vs,. Held that the respondent tenant has a right Dharam of 2011` Rajesh Sharma of re-entry after rebuilding of the demised Chand premises on the basis of mutual agreement Chaudhary, Judge. which should be reasonable to both the parties. 50. Hon ble Mr. RFA No.244 Shanta Karol vs. Principles of natural justice not followed, Dharam of 2016 LAC hence award set aside and reference Chand remanded to the trial Court for fresh Chaudhary, disposal. Judge. 51. Hon ble Mr. Cr. A No.461 State of H.P. Vs. Appeal against acquittal has been

82 Dharam Chand Chaudhary, Judge & Hon ble Mr. Chander Bhusan Barowalia, Judge. 52. Hon ble Mr. Dharam Chand Chaudhary, Judge & Hon ble Mr. Chander Bhusan Barowalia, Judge. 82 of 2011 Laxmi Dutt dismissed as there was faulty investigation in the case, however, left the matter to the high-ups in the Police Department to have introspection over the matter and also to deal with the I.O. of this case as per the Rules and in accordance with law, if any, action is warranted against him. Cr. A No. 332 of 2011 State of H.P. Vs. Vijender Singh Appeal against acquittal has been dismissed as there was faulty investigation in the case, however, left the matter to the high-ups in the Police Department to have introspection over the matter and also to deal with the I.O. of this case as per the Rules and in accordance with law, if any, action is warranted against him Hon ble Mr. Dharam Chand Chaudhary, Judge & Hon ble Vivek Singh Thakur, Judge. 54. Hon ble Mr. Dharam Chand Chaudhary, J. 55. Hon ble Mr. Dharam Chand Chaudhary, J. Cr.A No.587 of 2010 Cr.MMO No. 200 of 2015 Cr.MP(M) No.985 & 986 of 2016 State of H.P. Vs. Anil Kumar Bhavak Prasher vs. State of H.P. & Anr. Kiran Kumari vs. State of H.P. & Gurdass vs. State of HP Certain directions were also issued for being followed by all concerned including the I.O s. in the Police Department. The testimonies of the official witnesses discarded and affirmed the judgment of acquittal passed by the trial Court. Held that inherent powers under Section 482 Cr.P.C., should not be exercised for quashing the proceedings in cross FIR. Accused was booked under Section 20 NDPS Act, however, after extending benefit under Section 167(2) Cr.P.C., accused were admitted on bail Hon ble Mr. Dharam Chand Chaudhary, J. & Hon ble Mr. Chander Bhusan Barowalia, J. 57. Hon ble Mr. Dharam Chand Chaudhary, J. 58. Hon ble Mr. Dharam Chand Chaudhary, J. Cr.A No. 223 of 2011 Cr.A. No. 306 of 2007 FAO(WCA) No. 160 of 2009 State of H.P. Vs.Dolma & Anr. M/S Shakun Holding Pvt. Ltd. Vs. Uma Dutt The Oriental Insurance Company Vs. Smt. Deeno & ors. Judgment of the lower Appellate Court affirmed as no offence under Section 326 IPC was made out. There must be a cogent and reliable evidence to show that the notice as envisaged under Section 138 of the NIA Act was received by the accused. The liability of the insurer restricted and penalty amount held recoverable from the employer Hon ble Mr. Dharam Chand Chaudhary, J. & CWP No of 2016 Manpreet Singh vs. Chaudhary Sarwan Kumar HP Krishi Vishavavidyala-ya By way of indulgence the respondentuniversity was directed to chalk out the possibility of diverting the seats, if left vacant to other categories

83 83 Hon ble Mr. Vivek Singh Thakur, J. 60. Hon ble Mr. Dharam Chand Chaudhary, J. & Hon ble Mr. Vivek Singh Thakur, J. 61. Hon ble Mr. Dharam Chand Chaudhary, J. & Hon ble Mr. Chander Bhusan Barowalia, J. 62. Hon ble Mr. Dharam Chand Chaudhary, J. & Hon ble Mr. Vivek Singh Thakur, J. 63. Hon ble Mr. Dharam Chand Chaudhary, J. & Hon ble Mr. Chander Bhusan Barowalia, J. 64. Hon ble Mr. Dharam Chand Chaudhary, J. 65. Hon ble Mr. Dharam Chand Chaudhary, J. 66. Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, J. Cr.A. No. 120 of 2013 CWP No of 2016 Cr. Appeal No. 71 of Cr. A No. 80 of 2013 RSA No. 373 of 2004 & RSA No. 105 of 2004 RSA No.459 of 2002 CWP No.4159 of 2010 and anr. State of Himachal Pradesh Vs. Rayia Ajay Shyamli Thakaur Vs. Himachal Pradesh Technical University & anr. State of HP vs. Karnail Singh alias Kaila State of H.P. Vs. Satnam Singh & Anr. State of H.P. & Another Vs. Sushma Sharma & anr. Dr. Maya Ahuja Vs. Sushma Sharma & Ors. Ishwar Dass vs. Smt. Neem Dassi Ajnesh Kumar vs. State of H.P. and others. Judgement of the trial Court affirmed as the chain of circumstances was incomplete during investigation. The seat in general (IPDP) category could have only been given to a candidate belonging to general (main) category had there been no other eligible candidate available in general (IRDP) category. The recovery of narcotic drugs and psychotropic substance from the exclusive and physical possession of the accused is sine qua non for conviction. Held that the judgment passed in Sunil versus State of H.P., Latest HLJ, 2010 (HP), 207 case does not lay down correct law and stands set aside by a Larger Bench Judgment in State of H.P. versus Mehboob Khan, 2013 (3) Him.L.R. (FB) Held that a decree of such a meager amount, the welfare state otherwise also should have not raised such a hue and cry. Held that plea of adverse possession can not be claimed in the plaint. It is also held that if any heir is not found to be available, the Collector shall take the possession of the land. The petitioner filed the petition as probono publico to the effect that a large portion of the area in and around the Kamna Devi temple at Shimla is a forest area which is under the ownership and possession of respondents No.2 and 3, but of late certain influential persons including respondents No.5, who is the Executive Engineer in the Municipal Corporation, Shimla had purchased land around and adjacent the said forest cover and he i.e. respondent No.5 was very keen to get a road constructed upto his plot. Petitioner had /09/

84 Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, J. 68. Hon ble the Chief and Hon ble Mr. Tarlok CWP No.884 of 2016 CWP No of 2009 H.K. Sarwata vs. State of H.P. and another. Rulda Ram vs. State of Himachal Pradesh and another sought directions to Respondents, inter alia, neither to construct, nor permit any construction of road/path over FOREST/CPWD land around Kamna Devi Temple area and to change the description of the nature of the forest land under the occupation of CPWD (Respondent No.3) from Gair Mumkin Ahata to that of protected Forest Land. The petitioner was found not to have approached the Court with clean hands and the Court held that the court in exercise of its extraordinary jurisdiction is a Court of equity and any person approaching is expected not only to act with clean hands but also with clean mind, clean heart and with clean objective. He who seeks equity must do equity. The judicial process cannot become an instrument of oppression or abuse or a means in the process of Court to subvert justice for the reasons that the Courts exercise jurisdiction only in furtherance of justice. The interest of justice and public interest coalesce and therefore, they are very often one and the same. The petition was dismissed with costs of Rs. 50,000/-. The petitioner was transferred from the post of DFO, Mandi to the post of DFO (T), Bilaspur, however, thereafter vide impugned notification dated was ordered to be transferred from DFO (T), Bilaspur as DFO (Flyng Squad), North Bilaspur - Whether incumbent of the All India Service can be transferred without allowing him to complete tenure of two years State Government employee holds a transferable post and he is liable to be transferred from one place to the other within the District in case it is a District cadre post and throughout the State in case he holds a State cadre post. A Government servant holding a transferable post has no vested right to remain posted at once place or the other and courts should not ordinarily interfere with the orders of transfer instead affected party should approach the higher authorities in the department. The petition was dismissed. The subject-matter of the petition is property commonly known as potato ground situate at Manali and the grievance

85 85 Singh Chauhan, J. 69. Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, J. 70. Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, J. CWP No.2983 of 2015 and connected matters. CWP No.500 of 2016 Krishan vs. Union of India and others. Arjun Singh vs. State of H.P. and others. of the petitioner is that despite having given an undertaking before the Court that no building/mini secretariat shall be built on this piece of land and the same shall be allowed to be used as a playground by the Government Senior Secondary School, Manali, (for short School ), the respondents have not adhered to the said undertaking constraining him to file the instant petition. Conclusion:- It is not a case where the respondents themselves have retracted or violated their undertaking and commitment as reflected in the order dated passed in CWP No.563 of 2002 (supra). But, it is only on account of the subsequent orders passed by this Court from time to time that has compelled the respondents to change their position to the one which was earlier committed by them. It is, therefore, preposterous to contend that the respondents should now undo all that has been done in compliance to the lawful orders of the Court. It is too late in the day and the clock cannot be reversed. The petition was accordingly dismissed. : The grievance of the petitioners was that on account of tunneling work being carried out by the respondents for development of four lane road from Kiratpur to Ner Chowk Section of NH-21 from Km to Km in the State of Punjab/Himachal Pradesh, their properties (houses, orchard, agricultural land) have directly and indirectly been damaged and therefore, should be compensated. The writ Court may in appropriate case award compensation where the facts are not in dispute. However, the petitions involved seriously disputed questions of fact and even otherwise the rival claims of the parties were such, which could only be investigated and determined on the basis of evidence, which may be led by the parties in a properly instituted civil suit rather than by a court exercising prerogative of issuing writs. The petitions were not found maintainable. : The petitioner had called in question the judgment rendered earlier by this Court in CWP No of 2015, titled Gram Panchayat, Nangal Kalan vs. State of H.P. and others decided on and the SLP (C) No of 2015 against which decision was dismissed by the Hon ble

86 Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, J. CWP No.1666 of 2013 Union of India and others vs. P.K. Sarin Supreme Court. The Gram Panchayat, Nangal Kalan, the petitioner in CWP No of 2015 had challenged the notification dated whereby the areas of Tahliwal, specified in the Schedule, had been declared as Nagar Panchayat, Tahliwal and the said writ petition vide a detailed judgment was dismissed on The Gram Panchayat, Nangal Kalan approached the Hon ble Supreme Court by filing SLP(C) No of 2015, however, the same was dismissed. The petitioner has tried to overreach the orders already passed by this Court and this attempt to re-argue the case, which has finally decided, is clear abuse of process of the Court, and the petition was dismissed with costs of Rs. 20,000/-. : The respondent joined services of the petitioners as Junior Engineer on and in 1984 was promoted as Assistant Engineer. On , he was implicated in a trap case alongwith Junior Engineer S.K.Awasthi and was placed under suspension on Vide order dated , the respondent was allowed cross efficiency bar with effect from The prosecution launched against the respondent resulted in his acquittal vide order dated and thereafter the suspension of the respondent also came to be revoked on and this period of suspension vide order dated was ordered to be treated on duty for all purposes. The learned Central Administrative Tribunal had granted relief to the respondent only on the ground that he had crossed the efficiency bar. The period which had been taken into consideration for the allowance of EB crossing and that of grant of ACP is virtually the same and, therefore, rightly held by the learned Tribunal, the competent authority could not have denied the favourable consideration to the latter facet of the relief when admittedly they had permitted the respondent to cross the efficiency bar under the former facet. This assumes importance because admittedly the period of suspension of the respondent has already been ordered to be treated the period spent on duty and, therefore, obviously no ACR for the said period could

87 Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, J. 73. Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, J. 74. Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, J. CWP No.2072 of 2013 and connected matters. CWP No.4261 of 2009 & connected matters. CWP No.355 of 2013 Chaman Lal Bali vs. State of H.P. and another Rajinder Kumar vs. Union of India and others Namita Maniktala vs. State of H.P. and others. have been recorded. The petitioners/landlords have challenged the provisions of Sections 2(j), 4, 5, 6, 7, 8, 13, 14 and 30 of the H. P. Urban Rent Control Act, being un-constitutional, invalid and violative of Articles 14, 19, 21 and 300A of the Constitution of India and have sought a writ of mandamus for quashing these provisions and striking them down and further directing respondents No. 1 and 2 not to give effect to or to enforce the above mentioned provisions. In absence of any time frame for putting the tenant back into possession, the landlord after evicting the tenant on the ground mentioned in Section 14(3)(c) may chose to keep the building as it is for some period in order to fetch a substantial amount in sale and in this manner the provision affords no safeguard to the evicted tenant. The first proviso of clause (c) of sub-section (3) of Section 14 of the Act was declared to be unconstitutional. : Whether the petitioners possess Bachelor s degrees or Master s degrees in the relevant field so as to entitle them for consideration for further promotion. The matter does require a re-look and reconsideration by the respondents because prima facie the qualifications possessed by the petitioners i.e. BA with Economics and MA in Sociology fall within the 12 th subjects enumerated in the notification F.No.TS-19(3)/16-Estt.IV (supra). However, this is a matter, which entirely rests with the respondents as normally academic issues must be left to be decided by the expert bodies. The respondents were directed to reconsider the cases of petitioner. : The petition was instituted as pro-bonopublico raising seminal issue in regard to the implementation and enforcement of the provisions of Section 12 (i) of Right of Children to Free and Compulsory Education Act, 2009 (for short 2009 Act ) more particularly with respect to providing 25% free seats to students of weaker section and disadvantaged group in all privately managed aided schools and privately managed non minority unaided schools. It is further prayed that the respondents be directed to ensure that the

88 Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, J. 76. Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, J. CWP No.4588 of 2015 CWP No.1186 of 2016 Mehar Chand vs. State of H.P. and another. Shongtong Karcham Hydel Project Workers Union provisions of the Act are implemented within the State of Himachal Pradesh in all categories of schools ensuring free and compulsory elementary education to the children and for constitution of State Commission for the Protection of Child Rights under the provision of Commission for Protection of Child Rights Act, The writ petition is allowed and respondents were directed to issue fresh instructions in the matter strictly in conformity with the mandate of Section 12 (1) (c) of the 2009 Act as interpreted in the present judgment not later than three months from the date of the judgment and report compliance to the Additional Registrar (Judicial). : Petitioner had lost before all the four authorities below and having been held to be an encroacher has been ordered to be evicted from the land measuring bighas, comprised in Khasra No. 337/16/1, 331/323/1 and 171, Kita 2, situated in Mauza Chamog, Tehsil Karsog, District Mandi H.P. The forest land cannot be put to use for any non-forest purpose but for the facts already set out, it would reveal that there would be environmental degradation in using the forest for non-forest purposes by the occupier/encroacher affecting the environmental equilibrium. This position is apodictic and unassailable. The activities of the occupiers/encroachers in the forest land for the last so many years have had its antagonistic effectiveness in the environmental premise. Therefore, all those responsible for environmental degradation cannot be exculpated - The Workers Union of Shongtong Karcham Hydel Project is aggrieved by the action/inaction on the part of the respondents and has filed the instant writ petition. The Petitioner-Union has sought directions to the respondents that all the mandatory provision of the various Acts may very kindly be ordered to be implemented with further directions that benefits arising out of these Acts may very kindly be ordered to be paid to the members of the petitioner Union, with 9% p.a. To subserve the interest of justice the

89 Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, J. 78. Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, J. CWP No.5462 of 2010 and analogous matters. CWP No.3832 of Commissioner of Central Excise vs. M/s Auro Weaving Mills India Sarwan Kumar vs. State of H.P. and others. petitioner Union was directed to forthwith call of their strike. Respondents No. 2, 3 and 6 were directed to ensure that the benefits of various labour law legislations and safety measures detailed in para 7 (supra) including payment of P.F. are extended and made available within a period of three months from today. - The respondents/assessee(s) were engaged in the manufacture and export of cotton yarn and woven fabrics, both for domestic market as well as for export and excise duty leviable thereon was 16%. By a notification No.29/2004-CE dated , the assessee(s) were granted relief in excise duty payable inasmuch as they were required to pay the duty at the rate of 4% on cotton yarn/fabrics and 8% on blended yarn/fabrics. By another notification of the same date bearing No.30/2004-CE, the assessee(s) were granted total exemption from payment of duty on the products manufactured by them subject to the condition that no credit is taken on the inputs consumed in the manufacture of the final product. The assessee(s) started clearing the goods for export on payment of duty on export under claim for rebate. As per the declarations the assessee (s) had not availed Cenvat Credit on the inputs use. The circular issued by the Board could not be assailed by the petitioner herein. Further, there can be no dispute that in terms of the said circular, there was no discretion vested with the sanctioning authority to give the refund of the duty on goods exported through credit accounts, rather the duty paid through actual credit or deemed credit account on the goods exported has to be refunded only in cash. In 1995, the petitioner made an application to the Deputy Commissioner for grant of land so as to enable him to carry on his vocation of carpenter. The Deputy Commissioner recommended the case of the petitioner to the Divisional Commissioner, Mandi for grant of aforesaid land to the petitioner on 99 years lease. However, before the Divisional Commissioner could take any decision on the basis of the recommendations, some of the inhabitants of the area raised objection against the grant of lease and filed a Civil Suit in the Court of Sub Judge 1 st Class,

90 Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, J. 80. Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, J. CWP No.2196 of 2011 CWP No.985 of 2016 Mohammed Soyab vs. Union of India Gulab Dass vs. State of H.P. and another and connected. Matter. Badar, which was eventually dismissed on and it is thereafter the Collector Hamirpur allotted the aforesaid land on 10 years lease to the petitioner on Some of the inhabitants of the area filed CWP No of 2015 against the petitioner on the ground that he had encroached upon the government land and such proceedings were stated to be pending before the Assistant Collector 2 nd Grade, Dhatwal. On , this Court disposed of the writ petition with a direction to the Assistant Collector 2 nd Grade, Dhatwal to pass appropriate orders within six weeks after affording an opportunity of hearing to both the parties. The petitioner could not by resorting to the extra ordinary jurisdiction of this Court stifle and scuttle the legitimate proceedings and thereby thwart the final result of the pending action before the competent authority. he petitioner has abused the process of law and in normal circumstances, a petition of this nature would have invited heavy costs, however, taking into consideration the fact that the petitioner is a poor person, the court refrained from doing so. The petition was devoid of any merit. - The petitioner was an applicant for Rajiv Gandhi Gramin LPG Vitrak Yojna. However, his candidature was rejected on the ground that he did not have land in the name of self or within Family Unit in the advertised location. The petitioner has not only misused the process of the Court but has abused the process of law and thereafter made himself liable for imposition of costs. However, we refrain from doing so, as the petitioner appears to be unemployed. The petition was dismissed. The petitioners have been found to have encroached upon the Government land by both the authorities below while exercising power under the H.P. Public Premises and Land (Eviction and Rent Recovery) Act, 1971 and have now by medium of this writ petition prayed for setting aside of the orders so passed. The petitions not only were found sans merit, but the intent behind filing these petitions was also not bonafide as the only

91 Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, J. 82. Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, J. 83. Hon ble the Chief and Hon ble Mr. Tarlok CWP No. 306 of 2016 CWP No.283 of 2016 CWP No. 282 of 2016 Satpal Singh vs. State of H.P. and others. Hardyal Singh vs. State of H.P. and others. Hardyal Singh vs. State of H.P. and others. endeavour of the petitioners appears to prolong the litigation so as to enable them to reap the benefits from the vast extents of government land illegally encroached by them and thereby convert this litigation into a fruitful industry. The petitions have been dismissed. Based upon the demarcation conducted by the Settlement Patwari and Field Kanungo, a case of encroachment came to be filed against the petitioner for having encroached upon the forest land in Baragarh-III area measuring hectares by fencing and planting fruit plants and also by constructing a wooden Khokha. These proceedings culminated in the order of eviction being passed against the petitioner. The intent behind filing this petition is also not bonafide as the only endeavour of the petitioner appears to prolong the litigation so as to enable him to reap the benefits from the vast extents of government land illegally encroached by him and thereby convert this litigation into a fruitful industry. The petition was dismissed. : Eviction proceedings were initiated against the petitioner by respondent No.3 qua illegal encroaching of forest land DPF Punan Khasra No.3/5, measuring hectare whereupon the petitioner was alleged to have constructed the house. Encroachment challan was prepared and submitted by the Range Officer, Nankhari Range before respondent No.3. Respondent No.3 on the basis of the undertaking given by the petitioner as also keeping in view the statements of the witnesses of the department examined during the course of the proceedings ordered eviction of the petitioner. Conclusion_ The plea of the petitioner was without force as admittedly he after filing his reply to the show cause did not choose to contest the proceedings before the third respondent and rather gave an undertaking to vacate the premises of his own volition. The plea of adverse possession was clearly an afterthought and was otherwise not tenable or even available to the petitioner. Aggrieved by the orders passed by the authorities constituted under the H.P. Public Premises and Land (Eviction and

92 92 Singh Chauhan, J. 84. Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, J. 85. Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, J. 86. Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, CWP No. 281 of 2016 CWP No. 663 of 2016 OSA No.1 of 2009 Mohar Singh vs. State of H.P. and others. Pancham Chand Suresh Kumar and others Vs. State of H.P. Rent Recovery) Act, 1971 whereby the petitioner has been ordered to be evicted, the petitioner has approached this Court by filing the writ petition. The petitioner was a rank-encroacher and after making large scale encroachments has protracted the litigation and thereby turned the same into a fruitful industry, by succeeding in protecting his illegal possession and reaping the usufruct out of the land, which as per his own admission comprises of apple orchard. This illegal possession cannot be permitted to continue. The petition was dismissed. Aggrieved by the orders passed by the authorities constituted under the H.P. Public Premises and Land (Eviction and Rent Recovery) Act, 1971 whereby the petitioner has been ordered to be evicted, the petitioner has approached this Court by filing the writ petition. The plea of the petitioner was without force as admittedly he not only did choose to contest the case and rather gave an undertaking to vacate the premises (land and building) of his own volition. Therefore, in such circumstances, the plea of adverse possession, as sought to be raised was clearly an after-thought and is otherwise not tenable or even available to the petitioner. The petition was dismissed. Petitioner has been found to have encroached upon Government land and has, therefore, been ordered to be evicted therefrom in proceedings initiated against him under the H.P. Public Premises Land (Eviction and Rent Recovery) Act, 1971 (for short the Act ) and aggrieved thereby has preferred this petition. The forest land cannot be put to use for any non-forest purpose but for the facts already set out, it would reveal that there would be environmental degradation in using the forest for non-forest purposes by the occupier/encroacher affecting the environmental equilibrium. This position is apodictic and unassailable. The petition was dismissed. :- Plaintiffs/appellants suit for recovery of Rs 14,43,400/- by way of damages was dismissed by the learned Single Judge and aggrieved by the judgment and decree so

93 93 J. passed have filed the instant appeal. As per averments of the plaintiffs, they suffered extensive damage on account of floods due to heavy rains during the intervening night of 13/14 th August, 1995, whereby its stocks of coal, unfired bricks, labour huts etc. to the tune of the aforesaid amount were washed away. Plaintiffs failed to prove their case and the appeal filed by him was dismissed. 87. Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, J. 88. Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, J. COPC No. 30 of 2016 Rev. Petition No.2 of 2016 Bhadra Sheela vs. A. N. Rai and others. Yashpal Singh and others vs. State of H.P. : The petitioner filed CWP No. 780 of 2004, which was allowed by this Court vide judgment dated and the respondents were directed to consider her case for promotion to the aforesaid post from the due date against 19 available vacancies till the year 1999 within a period of six weeks. The LPA No. 65 of 2008 and SLP (C) No of 2015 assailing the aforesaid order have all been dismissed. The grievance of the petitioner is that despite the judgment having been attained finality, the respondents have failed to implement the same, thereby making themselves liable for being dealt with under the Act. The weapon of contempt is not to be used in abundance or misused. Normally, it cannot be used for implementation of an order for which alternative remedy in law is provided for. The petition was dismissed. Petitioners were appointed as Patwaris in the regular pay scale. However, vide orders dated and , respectively, the aforesaid order dated was withdrawn on the ground that the same was erroneously issued in contravention to the sanction accorded by the State Government vide its letter dated , whereby the petitioners in fact were required to be appointed on contract basis and not on regular basis. This action of the respondents was assailed by way of CWP No. 740 of 2009, which along with other connected matters came to be dismissed vide judgment dated The petitioners have sought review of the judgment dated , whereby Letters Patent Appeal preferred by them came to be dismissed. Conclusion A mistake committed by an officer of the Government or conduct of the Government servant in violation of its duty will not

94 Hon ble the Chief and Hon ble Mr. Tarlok Singh Chauhan, J. 90. Hon ble Mr Tarlok Singh Chauhan and Hon ble Mr. P.S. Rana, J. ITA No. 51 of 2008 along with connected matter. CWP No of 2010 and analogous matters. Commissioner of Income Tax, Shimla v. M/s Shivalik Hatcheries Pvt. Ltd. Ranjeet Singh vs. State of H.P. and others. operate as estoppel against the Government and it in turn is free to rectify the said mistake as soon as the same comes to its notice. This aspect of the matter has been considered in detail in the judgment sought to the reviewed and thus there is no error, much less an error apparent on the face of the record calling for interference by this Court. The review petition was dismissed with costs of Rs. 25,000/- - Whether there is any limitation while passing an order by the Commissioner, Income Tax which has been passed in consequence of, or to give effect to any finding or direction contained in the order of the appellate Tribunal, High Court or Apex Court and whether the findings recorded by Income Tax appellate Tribunal would be treated as finding with respect to Section 263(3) of Income Tax Act? While invoking the doctrine of merger, this court held that once an order of the lower forum or court is subjected to appellate or revisional jurisdiction of a superior forum or court and a final verdict about such order is given, the lower forum or court cannot review or rectify that order, even if the appellate/ revisional forum/court happens to uphold such original order. Appeal dismissed. Point Involved- Petitioners and private respondents are all Judicial Officers. Petitioners were admittedly senior to the private respondents in the cadre of Civil Judge (Junior Division). However, private respondents scored a march over them in the promotion/selection to the post of Civil Judge (Senior Division) and aggrieved by such promotion have filed these writ petitions on the ground of legitimate expectation, promotions were required to be made only on the evaluation of the ACRs and they could be subjected to the passing of suitability test which otherwise was not provided for by the Hon ble Supreme Court and lastly that the Regulations framed by this Court suffer from vice of excessive delegation of power and are un canalized and thereby confer an unguided discretion upon the authorities. Petitioners are not entitled to any relief under Article 226 of the Constitution for more reasons than one. They participated

95 Hon ble Mr. Dharam Chand Chaudhary, Judge and Hon ble Mr Tarlok Singh Chauhan, J. 92. Hon ble Mr Tarlok Singh Chauhan, J. Company Appeal No.3 of 2015 and connected matter. CWP No.6902 of 2010 Satluj Jal Vidyut Nigam Limited vs. Continental Foundation Joint Ventrue. Kewal Singh Shandil & Others vs. Union of India & Others in the selection process and knew well from the rules and regulations, the mode and manner in which the selection was to be conducted and yet participated in the selection process without any demur or protest and after taking a chance and being unsuccessful, they cannot now resile or take somersault saying that the procedure as adopted by the High Court was vitiated. This cannot be allowed. The petitioners cannot approbate and reprobate at the same time. Moreover, petitioners have not even approached this court promptly and there is a gap of almost six months in between filing of these petitions and the declaration of the result. The result was declared on the website of the High Court on , whereas the petition came to be filed only on The petitioners, if really aggrieved, should have questioned the rules and regulations before participating in the selection process and are clearly estopped from filing these petitions. The petitions were dismissed. - Two contracts i.e. Contract No. 1.0 and Contract No. 2.1 came to be awarded in favour of respondent company and two separate agreements qua the same were entered. Some dispute arose between the appellant and respondent regarding extension of time under Clause 44 of the General Conditions of the contract. The Tribunal gave its awards for both the contracts Company Court cannot function as a debt collecting agency and has to guard itself against vexatious abuse of its process and should, therefore, not permit a party to unreasonably set the law into motion, especially, when the defence raised by the company sought to be wound up is bonafide and substantial one and in these circumstances the remedy of the aggrieved party is elsewhere. - The petitioners were regular employees of Himachal Pradesh State Electricity Board Limited and were on deputation with Satluj Jal Vidyut Nigam, the were aggrieved by the alteration of their conditions of deputation. The petitioners cannot claim a higher right than they are entitled to in law once they were already aware of the OMs dated and and were fully aware of their rights and privileges in the

96 Hon ble Mr Tarlok Singh Chauhan, J. 94. Hon ble Mr Tarlok Singh Chauhan, J. CWP No of 2010 CWP No.2056 of 2014 Rajnish Sonkhla vs. Indian Oil Corporation Ltd. Meena Devi vs. Central Bank of India and others. deputation post and despite that still chose to proceed on deputation with respondent No. 3, then they have no one to blame for their folly apart from themselves. Point Involved The petitioner was aggrieved by the cancellation of Letter of Intent for proposed retail outlet of Indian Oil Corporation at Ajhouli More, District Una, H.P., which was granted in his favour. The respondent itself had been supporting and justifying the selection of the petitioner. However, on abruptly the LOI in favour of the petitioner was cancelled, that too, without any apparent. Every decision of an administrative or executive nature must be a composite and self-sustaining one, in that it should contain all the reasons which prevailed on the official taking the decision to arrive at his conclusion. It is beyond cavil that an Authority cannot be permitted to travel beyond the stand adopted and expressed by it in the impugned action. The petition was allowed. Point Involved- Husband of the petitioner while working with the respondents-bank unfortunately died on The petitioner initially submitted her case for compassionate appointment, however, the same was rejected on the ground that the respondent- Bank had stopped giving appointment on compassionate ground and a new scheme granting ex-gratia had been started from Petitioner thereafter filed application for the payment of ex-gratia, however, the same was rejected vide order dated , but such rejection was not conveyed to the petitioner. Despite prolonged correspondence and despite directions passed by this Court on in CWP No of 2013 whereby the respondents had been directed to consider the case of the petitioner for grant of compassionate appointment, the petitioner is still in the dark regarding the fate of her case Conclusion:- The orders rejecting the claim of the petitioner for grant of ex-gratia amount in lieu of appointment on compassionate ground were quashed and set-aside. The respondents were directed to pay ex-gratia amount in lieu of compassionate appointment alongwith all other benefits i.e. gratuity, leave encashment, reimbursement

97 Hon ble Mr Tarlok Singh Chauhan, J. 96. Hon ble Mr Tarlok Singh Chauhan, J. 97. Hon ble Mr Tarlok Singh Chauhan, J. CWP No of 2005 CWP No.514 of 2016 CWP No of 2015 Amit Sood vs. State of H.P. and others. Heera Mani vs. State of H.P. and others. Brahmi Devi Vs. Union of India and others. of medical bills and other expenses incurred by the family as are due and admissible to the petitioner. After the registration of FIR No.216/2005 against the petitioner under Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act, the petitioner was asked to sign blank papers and on refusing to do so, he was abused and mercilessly beaten up by respondent No.5 SHO. The beating was so severe and relentless that the same caused grievous injury in the ear of the petitioner. Petitioner, inter alia, prayed for registration of a case against the SHO and investigating the case by an independent high ranking official of police/crime branch. Whenever human dignity is wounded, civilization takes a step backward. It is a collective assault on human dignity which cannot be tolerated. Respondents No.1 to 3 were directed to register a criminal case against respondent No.5 and, at the same time, departmental proceedings against respondent No.5 were also ordered. Whether the provisions of Section 12 (2) of the Limitation Act are applicable to the appeals filed under Clause 12 of the Scheme for the appointment of Anganwari Worker/Helper? Conclusion There was no answer to the question that in case certified copy of the decision was not made available within the prescribed period of limitation for filing of the appeal, would it mean that the right of the aggrieved party to file an appeal is lost?. Obviously, that cannot be the intention of the law. The law does not compel one to do that which one cannot possibly perform. Where the law creates a duty or charge, and the party is disabled to perform it, without any default in him, and has no remedy over it, there the law will in general excuse him. Therefore, when it appears that the performance of the formalities prescribed by a statute or Scheme etc. has been rendered impossible by circumstances over which the person interested has no control, the circumstances will be taken as a valid excuse. The petition was allowed. Point Involved Husband of petitioner Sh. Dhani Ram served in the Dogra Regiment as Sepoy against enrolment No till ,

98 Hon ble Mr Tarlok Singh Chauhan, J. RSA No. 340 of 2004 Sheela Devi and others vs. Harbhajan Lal when on account of reduction of Indian Army on demobilization, he was released from service. He was awarded Pacific Star, Defence Medal and War Medal. During his service, Sh. Dhani Ram participated in World War 2 nd by joining Indian Army from All the similarly situated persons, like the petitioner were declared freedom fighters of the Nation. The status of Sh. Dhani Ram being freedom fighter was acknowledged by the Deputy Commissioner, Bilaspur, when he issued an identity card in his favour. The pension has been illegally denied to Sh. Dhani Ram (now to his widow). Conclusion The respondents were none other, but the functionaries of the State and Central Government, who are under an obligation to conduct themselves with high probity and expected candour, but unfortunately the conduct of the respondents fall short of this expectation. Consequently, petitioner was permitted to submit an application to the competent authority on the prescribed proforma for grant of freedom fighter pension and the respondents were directed to grant pension to the petitioner from the due date. Point Involved Suit for declaration was filed by the plaintiff on the ground that the suit land was jointly owned by him alongwith defendants No.1 and 2. Defendant No.1 had no right, title and interest over the suit land. He moved an application before the Settlement Collector seeking corrections of Karukans of Aks Shajra, which was carried out by the Settlement Officer, without affording any opportunity of being heard to the plaintiff Whether upon returning the findings that the court has no jurisdiction, it is right and proper that such court should order the return of plaint to be presented before proper Forum in accordance with provisions of order 7 Rule 10 CPC instead of rejecting the plaint and dismissing the suit and where such procedure has not been followed, whether such orders can stand judicial scrutiny? Once the lower appellate court came to the conclusion that it lacked inherent jurisdiction, then the only course open to it was to have returned the plaint to be presented before the proper Forum in accordance with the provisions of order 7 rule 10 CPC and the suit could not have

99 Hon ble Mr Tarlok Singh Chauhan, J Hon ble Mr Tarlok Singh Chauhan, J Hon ble Mr Tarlok Singh Chauhan, J. RSA No. 271 of 2005 RSA No. 198 of 2007 RSA No. 277 of 2004 Munshi Ram (Deceased) through his LRs Dev Kumari and others vs. Sher Singh and others. Sardar Thakur Singh vs. Municipal Council, Solan and another. Dhani Ram (deceased) through his LRs Kala Devi and others vs. Sunder Ram been dismissed for want of jurisdiction. According to the plaintiffs, deceased Budhu Ram died intestate and claimed to have proportionately inherited the suit land measuring 8 bighas 13 biswas belonging to Budhu Ram alongwith defendants in accordance with the provisions of Hindu Succession Act, Defendants claimed to have succeeded the suit land exclusively on the basis of a Will executed by Budhu Ram If a caveator alleges fraud, undue influence, coercion etc. in regard to the execution of the Will, such pleas have to be provided by him and only where the circumstances surrounding the execution of the Will may raise a doubt as to whether the testator was acting of his own free Will, then it is a part of the initial onus of the propounder to remove all reasonable doubts. - Plaintiff filed a suit on the ground that he had been a tenant over the suit property situated at Mauza Lower Bazar, Solan under respondent No.1, over which he had constructed a stall at his own cost after obtaining necessary sanction. The tenancy always remained with the plaintiff. However, on account of some arrangement, respondent No.2 was allowed to carry on the business in the stall. Respondent No.1 decided to demolish the wooden stalls and convert them into pucca building. Plaintiff prayed for permanent prohibitory and mandatory injunction restraining respondent No.1 from handing over the stall cum shop to be built up over the land comprised in Khasra No.269 measuring 6 square meters. Once the document has not been denied, then the Court cannot ignore the recital as contained therein. The appellant having relinquished his authority and power over the stall for all intents and purposes from the date of agreement after handing over the possession of the premises, he cannot say that respondent No.2 was simply allowed to carry out the business in the premises. - A suit was filed by the plaintiff for permanent prohibitory injunction restraining the defendants from causing interference in his possession over the land. Alternatively,

100 Hon ble Mr Tarlok Singh Chauhan, J Hon ble Mr Tarlok Singh Chauhan, J. RSA No. 481 of 2008 RSA No. 486 of 2004 (deceased) through his LRs Burfi Devi and others. Manoj Kumar vs. Mathra Dass and others. Prita vs. Baldev Singh and others.; plaintiff prayed that in case the defendants succeed in dispossessing him from the suit land during the pendency of the case, then a decree for possession was sought. When the plaintiff was two years old, he was adopted by Sita Ram and Nihatu Devi as per the ceremony. Sita Ram executed a will os his estate in favour of his wife Nihatu Devi as also the plaintiff. Nihatu Devi was given a limited right to enjoy the property till her death and in the event of death, the said property was to revert to the plaintiff. The suit was decreed and the appeal filed by the defendants was allowed. Heavy burden of proof lies upon a person impugning transaction to show that the same is a sham or fraudulent one. A distinction has to be borne in mind in regard to the nominal nature of a transaction which is no transaction in the eye of the law at all and the nature and character of a transaction as reflected in a deed of conveyance. The judgment and decree passed by learned lower Appellate Court was set-aside and that of the learned trial Court was restored. - Learned Magistrate after hearing complainant and perusing the record, recorded its satisfaction regarding existence of sufficient grounds to proceed against the petitioner for offence under Section 138 of NIA and accordingly issued summons for vide order dated , which is challenged before this Court. This court, therefore, would ordinarily not express its view on the disputed questions of fact in a petition under Section 482 Cr.PC to come to a conclusion that offence is not made out. The High Court would only go into the factual aspects of the matter when the same are admitted by the parties. Petition dismissed by holding that there is no merit in this petition as no case for quashing of either the proceedings or the orders passed by Magistrate on and are made out. Plaintiffs filed suit for declaration to the effect they have been coming in physical cultivation and possession of the suit land as non occupancy tenants and now have become owners by virtue of coming into force the H.P. Tenancy and Land Reforms Act and the Rules, Entries in the

101 Hon ble Mr Tarlok Singh Chauhan, J Hon ble Mr Tarlok Singh Chauhan, J. RSA No. 227 of 2006 RSA No. 62 of 1997 Hans Raj vs. Ramesh Chand and others. Swaran Singh (deceased) through LRs vs. Darshan Singh (Deceased) through LRs column of cultivation showing the name of defendant No.1 Prita as Gar Mourusi are wrong, null and void and further the mutation No.8713 dated , conferring proprietary rights under the Act in favour of defendant No.1 are also illegal, null and void and not binding on the plaintiffs. Proceedings before the Settlement officer were initiated only after the proceedings were pending before the civil court and, therefore, the defendant No.1 cannot take any advantage of the order passed by Settlement Officer. Admittedly in the suit itself, proceedings pending before the revenue authority and the order passed therein were already assailed and were subject matter of the suit as the order passed by ST-cum-AC Grade-I, Una had specifically been assailed. The appeal was dismissed. - Predecessor-in-interest of the respondents/plaintiffs i.e. Chingu Ram filed a suit for declaration and injunction to the effect that he is owner in possession of the suit land as detailed in the plaint being legal heir of deceased Rania son of Dheru and that the mutation No. 515 in favour of the defendant was null and void and that the Will dated in favour of the defendant executed by deceased Rania was also wrong and illegal. The suit was decreed. Appeal filed by defendant was allowed. Both the parties were related to deceased Rania but the plaintiff is in closer proximity and the legal heir, who in absence of the Will is alone entitled to inherit his property and this fact is not even disputed by the defendant. The appeal was dismissed. - Plaintiffs filed a suit for possession of suit land on the ground that the revenue entries showing Darshan Singh, (now deceased) as non-occupancy tenant were wrong, illegal, void and not binding on plaintiffs and proforma defendants, as he was never inducted as non-occupancy tenant. Suit was decreed. In an appeal, the decreed passed by the trial court was set aside. The learned Lower Appellate Court has not gone into the merits of the case and therefore, it would not be advisable for this Court to go into the factual matrix of the

102 Hon ble Mr Tarlok Singh Chauhan, J Hon ble Mr Tarlok Singh Chauhan, J. RSA No. 246 of 2001 RSA No. 414 of 2005 Rameshwar Dass (Deceased) through his LRs Subhash Jain and others vs. Dayawant (deceased) through her LRs Manoj Bansal and others Lekh Ram deceased through his LRs and others vs. Vidya Sagar and another. case, lest it defeats one s valuable right of appeal to the aggrieved party. The appeal was allowed and the matter was remanded back. - When the plaintiff-appellant assailed the deed of sale Ext. PG, to be illegal, null and void, on account of having been procured by exercise of fraud and misrepresentation by the alleged attorney executed by late Sh. Sadhu Ram, in favour of Shri Keshav Ram, was not the defendant-respondents obliged to produce and prove on record such documents? When misrepresentation is alleged, the party alleging it must state necessary facts of such misrepresentation. Though, it is often observed that fraud and misrepresentation may overlap sometimes, however, particulars of each must be given. It must also be stated whether such representation was verbal or written. When it was alleged that diverse persons were induced by the defendant, names and necessary particulars also should be mentioned in the plaint by the plaintiff. Obviously, the onus is on the party setting up a plea of misrepresentation to prove it. Appeal dismissed. - Plaintiffs filed a suit for declaration against the defendants to the effect that they are owners of the properties left behind by late Sh. Hira Lal alias Har Lal, in equal shares, being his son and widow, respectively. Deceased had share in the suit land, as per jamabandi for the year In the alternative it was prayed that if respondent No. 2 is not found entitled to the share left behind by deceased (Hira Lal), then respondent No. 1 was the exclusive owner of the property left behind by deceased Hira Lal, who died in the year At the time of death, respondent No. 1 was alleged to be minor. The respondents all the time remained under the impression that the property left by deceased was safe in the hands of the appellants. However, in the month of January, 1994, the respondents came to know that the appellants have got the mutation of immoveable property of the deceased attested in their favour, concealing the fact that respondents are the legal heirs of the deceased. The Hindu Law did not recognize divorce

103 108. Hon ble Mr Tarlok Singh Chauhan, J. CMPMO No. 229 of Prakash Chand and another vs. Durga Singh and another. as a means to put an end the marriage, which was eventually considered sacrament, with only exception where it is recognized by custom. Public policy, good morals and the interests of society were considered to require and ensure that, if at all, severance should be allowed only in the manner and for the reason or cause specified in law. Thus such a custom being an exception to the general law of divorce ought to have been specially pleaded and established by the party propounding such custom since said custom of divorce is contrary to the law of the land and which, if not proved, will be a practice opposed to public policy. Appeal dismissed. Petitioners filed a suit for declaration and injunction by arraying the proforma respondent as also the respondent/ decree holder as party on the ground that they were in fact tenants in the suit premises and eviction order passed to their detriment and in their absence was void and, therefore, landlord be permanently restrained from interfering in their possession. The suit dismissed, however, the appeal preferred before learned first appellate court was partly accepted and it was held that the order of learned Rent Controller was void and at the same time decree holder/respondent was restrained from evicting the petitioners. The judgment passed by the First appellate court was assailed and this court vide its judgment and decree dated accepted the appeal and set aside the findings of the learned First Appellate court and even the cross objections filed by the petitioners were ordered to be dismissed. Consequently the suit filed by the petitioners was ordered to be dismissed. The unscrupulous litigations like petitioners cannot simply walk away by not paying the use and occupation charges or the mesne profitis for the period they have enjoyed the property. Learned executing court was directed to ensure that the landlord is put in physical possession of the premises within a period of four weeks from today and the petitioners were directed to pay use and occupation charges at the rate to be determined by the learned executing court for the entire period when the respondent/landlord has been deprived of his property. The petition was dismissed Hon ble Mr CMPMO No. Rakesh Mehta and

104 104 Singh J. Tarlok Chauhan, 110. Hon ble Mr Tarlok Singh Chauhan, J Hon ble Mr Tarlok Singh Chauhan, J. 116 of 2016 another vs. Municipal Corporation, Shimla and another. CMPMO No. 238 of 2016 Cr.MMO No. 240 of 2015 Vivek Sharma and others vs. Ram Rakha and others. Ankur Gulati and another vs. State of H.P. and others. The petitioners filed an application under Section 253 of the Act before the Commissioner, Municipal Corporation, Shimla against the respondent No.2 Shyam Lal that he had started the construction of his house building at Sandal (Chakkar) without approval and authorization of the competent. The officials of the Municipal Corporation were ignoring the violation regarding set-back, raising of construction on the common path and encroachment being made by him over the State/Municipal Corporation land. Respondent No.2 had deliberately concealed one floor/storey of the house building. No case for interference was made out as the findings rendered by both the authorities below were pure findings of fact, which in no manner can be said to be perverse, so as to call for interference in these proceedings. Petition was dismissed. - Petition under Article 227 of the Constitution of India against the judgment rendered by learned District Judge, in Civil Misc. Appeal No. 42/2015 whereby he setaside the order of ad-interim injunction granted by learned Civil Judge (Jr. Division), Court No.1, Una, H.P. on in favour of the petitioners/plaintiffs. An action at law is not a game of chess, therefore, a litigant cannot prevaricate and take inconsistent positions. It is one of those fundamental principles of jurisprudence that litigants must observe total clarity and candour in their pleadings. The petition was dismissed. This petition under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India seeks quashing of the prosecution launched against the petitioners under Section 32(2) of the Drugs and Cosmetics Act, 1940 and Rules 1945 under Section 18 (a) (i) read with Section 17 & 18 (c) punishable under Section 27 (d) and 27(b) (ii) of the Drugs and Cosmetics Act. The conduct of the petitioners was not at all fair. The premises of the petitioners were raided on , while not only the affidavits of the petitioners but even those of Rajiv Tiwari, Arun Kumar Saxena and

105 Hon ble Mr Tarlok Singh Chauhan, J Hon ble Mr Tarlok Singh Chauhan, J Hon ble Mr Tarlok Singh Chauhan, J. Cr.MMO. No. 163 of 2016 and connected matters. Cr.MMO No. 198 of 2016 Cr.MMO No of Sanjay Sharma vs. Dharam Dass Pathania Sharda vs. Surat Singh Dev Raj vs. State of H.P. and another. Diwakar Shukla have been executed much later on Petition dismissed. - Petitioners have been facing various complaints under Section 138 of the Negotiable Instruments Act, The petitioner has challenged the proceedings of criminal complaint cases before this Court taking therein only factual defences. Whether the cheques were given only as security or not, or whether there was outstanding liability or not is a question of fact, which can be determined only by the trial Court after recording evidence of the parties. This Court has to refrain from expressing any view on disputed question of fact while dealing with a petition under Section 482 Cr.P.C. to come to a conclusion as to whether offence is made out or not. This Court further has to refrain from going into the factual aspects of the matter, which are not admitted by the parties. This petition under Section 482 Cr.P.C., is directed against the order dated passed by learned Judicial Magistrate 1 st Class, Solan, District Solan, H.P. whereby the application filed by the petitioner seeking direction to the respondent to undergo DNA profiling test alongwith his children and to obtain expert opinion in this regard, came to be dismissed. Use of DNA test is an extremely delicate and sensitive aspect when it gets down to human relationship. Any order for DNA test can be given by the Court only if a strong prima facie case is made out for such a course. - By medium of this petition under Section 482 of the Code of Criminal Procedure, the petitioner has sought quashment of FIR No. 41 of 2008 dated registered with the Police Station, Baijnath, District Kangra, H.P. under Section 376 IPC and has further prayed for quashing proceedings in S.C. No. 03-B/VII/2016 titled as State of H.P. vs. Dev Raj pending before the learned Additional Sessions Judge-III, Kangra at Dharamshala. The whole dispute stands resolved for forever between the parties and the law cannot be such which would stand between the parties or their children who are happily

106 Hon ble Mr Tarlok Singh Chauhan, J Hon ble Mr Tarlok Singh Chauhan, J Hon ble Mr Tarlok Singh Chauhan, J. Cr.MMO No. 226 of 2015 Cr.MMO No. 221 of 2016 Cr.MMO No.272 of 2016 Mohinder Singh Gupta and others vs. State of H.P. and another. Swaroop vs. State of H.P. and others. M. Alexander vs. State of H.P. residing. The law has to secure the future of the parties and the children or else, it will cause irreparable harm, hardship and may even tarnish and spoil the reputation of the parties and their families. The petition was allowed and FIR were ordered to be quashed. This petition under Section 482 of the Code of Criminal Procedure seeks quashment of FIR No.12/2015 dated , registered at Police Station, Sadar, Solan, District Solan, under Sections 341, 506, 511, 427 and 34 of IPC and for quashing of order of cognizance dated taken by the learned Judicial Magistrate 1 st Class, Court No.II, Solan, in case titled State of H.P. versus Mohinder Singh Gupta and others in Case No.18/2 of The FIR was lodged to spite the other party because of private and personal grudge and to enmesh the other party in long and arduous criminal proceedings and thus an abuse of the process of law. The petition was allowed and consequently the FIR was quashed. - By medium of this petition under Section 482 of the Code of Criminal Procedure, the petitioner has sought quashment of FIR No. 67 of 2012 dated , registered at Police Station, Bharmour, District Chamba, H.P. under Sections 363 and 366 IPC and has further prayed for quashing proceedings in Criminal Case No. 430-I/13 titled as State vs. Swaroop pending before the learned Chief Judicial Magistrate, Chamba, H.P. The parties have married and they even have a child and are happily residing. This in itself is a circumstance where the law has to secure not only the future of the parties but even their children. The Court proceedings cannot be permitted to degenerate into a weapon of harassment and persecution Petition was allowed. - The order assailed in this petition emanates from the proceedings conducted by learned Special Judge, Kangra on in an application instituted by the petitioner under Sections 2 and 12 of the Contempt of Courts Act. The language used by the petitioner is intemperate and contemptuous and above

107 118. Hon ble Mr Tarlok Singh Chauhan, J Hon ble Mr Tarlok Singh Chauhan, J. Cr.A. No. 426 of 2016 FAO (MVA) No.184 of M/s Gorsi Construction Pvt. Ltd. vs. Vinod Kumar Oriental Insurance Company Ltd. vs. Chetna Devi and others. all, this petition is loaded with sarcasm and innuendos and, therefore, this court has no hesitation to conclude that the petitioner has made deliberate attempt to interfere with the due course of judicial proceedings and such action could be construed to be obstructive or attending to obstruct the administration of justice. Suo motu notice for initiation of criminal contempt proceedings was taken against the acts of the petitioner. Pont involved The appeal is directed against the order dated , whereby complaint filed by the appellant came to be dismissed by the learned Trial Magistrate and further ordered the statutory acquittal of the accused/respondent. When the court notices that the complainant is absent on a particular day, it is imperative for the court to see whether personal attendance of the complainant is essential on that date and also whether the situation does not justify the case being adjourned. On account of singular default in appearance on the part of complainant, dismissal of the complaint would not be proper and can also be termed as arbitrary. The petition was allowed. The claim petition filed by the claimants under Section 163 of the Motor Vehicle Act was dismissed by the learned Tribunal holding that the deceased himself was at fault and therefore, the benefit of the Act could not be extended to a tortfeaser. It was further held that the party to suffer loss in motor vehicle claim must be the third party, whereas in the instant case it was the legal representatives of the registered owner, insurer cum driver of the vehicle that had preferred the claim petition. However, the claimants were held entitled to the amount of Rs. 50,000/- deposited by the appellant under no fault liability. The provisions of Section 163-A of the Act do not include a negative clause like the one contained in Section 140 (4) of the Act and therefore, the liability to make compensation under Section 163-A is on the principle of no fault and therefore, the question as to who is at fault is immaterial and foreign to an inquiry under Section 163-A, as it makes no provision for any apportionment of the liability Hon ble Mr FAO (MVA) Shyam Lal vs. Reeta

108 108 Singh J. Tarlok Chauhan, 121. Hon ble Mr Tarlok Singh Chauhan 122. Hon ble Mr Tarlok Singh Chauhan, J Hon ble Mr Tarlok No. 135 of 2015 Civil Revision No. 180 of 2004 Civil Revision No. 197 of 2015 Civil Revision No. 4 of 2008 Devi and others. Shamsher Singh Thakur vs. Baba Jagtar Dass (deceased) through LRs Bibi Karam Dass Chelli Summer Nath vs Mohan Lal deceased through LRs. Brig (Retd.) R.S. Verma vs. Abhijit Rai An appeal under Section 173 of the Motor Vehicles Act is directed against the award passed by learned Motor Accident Claims Tribunal, whereby the claim petition filed by the petitioners has been allowed and awarded a sum of Rs. 8,83,000/- along with interest at the rate of 9% per annum. The matter is sent back to the learned Tribunal with a direction to allow the appellant to place on record and prove the documents in accordance with law.. This revision is directed against the judgment and decree passed by the learned Civil Judge (Senior Division), Shimla, on whereby the summary suit filed by the plaintiff/petitioner under Section 6 of the Specific Relief Act came to be dismissed and has now approached this Court by invoking its jurisdiction under Section 115 of the Code of Civil Procedure (for short Code ) read with Section 227 of the Constitution of India. Conclusion The learned Court below while dismissing the suit has not only discussed the pleadings, but has also correctly evaluated the evidence led by the respective parties which findings cannot in any manner be termed to be perverse, based on misreading and misappreciation of evidence on record. Therefore, petition is dismissed. This Civil revision petition under Section 24 of the H.P.Urban Rent Control Act (for short the Act ) was directed against the order passed by learned Appellate Authority on , whereby application filed by the respondent for condonation of delay in filing of the appeal was allowed. Once it is found and firmly established that a party has approached the court with a false stand, then it is the settled principle in law that such party is not entitled to the relief which is discretionary and equitable. Since tenant had resorted to falsehood and on the basis of such falsehood has even managed to get an order in his favour, therefore, no leniency is required to be shown to such type of litigant. The petition was allowed and the tenant was burdened with costs, assessed at Rs.30,000/-. - These revision petitions under Section

109 109 Singh Chauhan, J Hon ble Mr Tarlok Singh Chauhan, J Hon ble Mr Tarlok Singh Chauhan, J. and connected matter Cr. Revision No. 148 of 2015 Cr.M.P.(M) No. 450 of 2016 Hira Nand Shastri vs. Ram Rattan Thakur and another. Praduman Justa vs. State of H.P. 24(5) of the H.P. Urban Rent Control Act, 1987 had been filed against the order passed by the learned Appellate Authority, Shimla, on whereby it partly reversed the findings recorded by the learned Rent Controller, Court No.3, Shimla and ordered eviction of the tenant on the ground that the predecessor-in-interest of the tenant/respondent had acquired vacant possession of part of his property No.23, Boileauganj, Shimla, on within the same urban area and sufficient for his requirement and since he did not occupy the same, he rendered himself liable to be evicted under the provisions of Section 14(3) (a) (iv) of the Act. The rent Acts have been enacted not only to protect the tenants unjust eviction but have been enacted to clearly enforce the rights of the landlord to obtain possession of their own property in the event of their satisfying the grounds prescribed for eviction. Petition dismissed. The petitioner preferred Criminal Revision against the judgment/order dated passed by learned Additional Sessions Judge (2), Shimla in Cr. Appeal No. RBT-187-S/10 of 2014/13 whereby he confirmed the order/judgment passed by learned Judicial Magistrate 1 st Class, Court No.3, Shimla in Case No of 2012/11 dated / convicting and sentencing the petitioner under Section 138 of the Negotiable Instruments Act, The petitioner failed to rebut the statutory presumptions attached to the cheque under Section 139 of the Negotiable Instruments Act. This is not one of those exceptional cases where there is glaring defect in or there is manifest error on the point of law and therefore, there is no further question of there being a flagrant miscarriage of justice. The petition was dismissed. - Whether the petitioner can be tried for an offence under the NDPS Act in case he is found in possession of manufactured drugs as defined under Section 2 (xi) of the Act and has been notified as such by notifications dated and as manufactured drugs, but contains an exception as regards the percentage of dosage in the drug. Rule 52A would apply only to the medical

110 Hon ble Mr Tarlok Singh Chauhan, J Hon ble Mr. Sanjay Karol, Judge and Hon ble Mr. Thakur, Judge Hon ble Mr. Sanjay Karol, Judge and Hon ble Mr. Thakur, Judge Hon ble Mr. Rajiv Sharma, Judge and Hon ble Mr. Cr.M.P.(M) No. 872 of 2016 Cr.Appeal No Cr.Appeal No Cr.Appeal No of of of Chander Kant vs. State of H.P. State of H.P. vs. Suresh Partap. State of H.P. versus Aman Dhama. State of H.P. vs. Dharam Chand. practitioner and therefore, the drug in possession of the petitioner was essentially for the use in his practice and as per explanation, it covers only the actual direct administration of the drugs to a patient under the care of the registered medical practitioner in accordance with established medical standards and practices and cannot be used to determine the pure drug content and in no manner exempts codeine even on percentage basis from the ambit of manufactured drug as is contended by the petitioner. The petition was dismissed Pint involved- The petitioner sought pre-arrest bail in case FIR No. 235 of 2015, dated , registered at Police Station, Dharamshala, District Kangra, H.P. under Sections 420, 467, 468 and 120-B IPC. The petitioner played havoc with the career of several score of students and jeopardized their future irretrievably. He has duped thousands of innocent students under the garb of promising them a bright future and has played not only with their future, but has even played with their lives. The petitioner has made a quick buck by exploiting these innocent, vulnerable and unsuspecting students. Therefore, the prearrest bail was declined. - Through the instant appeal the State of Himachal Pradesh concerts before this Court qua the sentence imposed upon the convict/accused holding no commensuration vis-à-vis the gravity of the offence for which he stood convicted. The appeal stands dismissed and the impugned judgment of the learned trial Court stands affirmed and maintained. - The State of H.P. preferred an appeal against the impugned judgment of the learned trial Court whereby the accused/respondent herein stood acquitted of the offence by the latter Court under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, The appeal stands dismissed and the impugned judgment of the learned trial Court stands affirmed and maintained. - The appeal stands directed by the State of H.P. against the judgment of learned Special Judge, Fast Track Court, Kullu,

111 111 Thakur, Judge Hon ble Mr. Rajiv Sharma, Judge and Hon ble Mr. Thakur, Judge Hon ble Mr. Rajiv Sharma, Judge and Hon ble Mr. Thakur, Judge Hon ble Mr. Rajiv Sharma, Judge and Hon ble Mr. Thakur, Judge Hon ble Mr. Sharma, Rajiv Judge Cr.WP No.29 of Cr.A No.359 of Cr.A No.67 of Cr.A No.234 of 2011 with Cr.Appeal Krishan versus State of H.P. & Ors. State vs. Bajro Mohan Lal vs. State. Jai Parkash vs. CBI. Himachal Pradesh, rendered on in Sessions Trial No.49 of 2007, whereby, the latter Court acquitted the accused/respondent of an offence punishable under Section 20 of the NDPS Act. The appeal stands dismissed and the judgment of the learned trial Court stands affirmed and maintained. : The son of the petitioner, namely, Karan, was engaged as a Conductor in a JCB Machine which was deployed for carrying construction of road in District Sirmaur. Deceased Karan Singh is alleged to have slipped into a gorge from a narrow passage whereupon his demise occurred. FIR stood lodged and the investigations were conducted. The I.O. came to the conclusion that the death of the deceased occurred owing to his slipping into a deep gorge from a narrow passage. The petitioner lodged a complaint to the Superintendent of Police and the case was re-investigated. On the matter coming to re-investigated by the I.O., the latter arrived at a conclusion analogous to the one which he had arrived at earlier. The petitioner was not satisfied with the investigations. Hence, the writ petition. The criminal writ petition stands dismissed as the Investigations held by the Investigating Officer concerned not suffering from any taint of partisanship nor the relevant investigations suffering from any frailty qua theirs being not either threadbare or incisive. Appeal against acquittal under Section 306 of the Indian Penal Code. Appeal preferred by the State against acquittal of the accused stands dismissed and the impugned judgment of the learned trial Court stood maintained and affirmed. - Appeal preferred by the accused/convict under Sections 376, 506 of the IPC and Section 4 of the POCSO Act. The appeal stands dismissed and the judgment impugned before this Court maintained and affirmed. Cr.Appeal No. 234 of 2011 stands directed by appellant/convict Jai Prakash against

112 112 and Hon ble Mr. Thakur, Judge Hon ble Mr. Rajiv Sharma, Judge and Hon ble Mr. Thakur, Judge Hon ble Mr. Rajiv Sharma, Judge and Hon ble Mr. Thakur, Judge. No.417 of 2011 and Cr.Appeal No.62 of Cr.Appeal No.451 of Cr.A No.460 of State vs. Swaroop Lal. State vs. Ashok Kumar. the judgment of the learned Sessions Judge (Special Judge), Shimla, whereby, the latter Court convicted the accused/respondent for his committing offences punishable under Sections 420, 467, 468 and 471 of the IPC. Cr. Appeal No. 417 of 2011 stands directed by the Central Bureau of Investigation for enhancement of sentence imposed upon accused Jai Prakash by the learned trial Court for his committing offence punishable under Section 467 of the IPC. Cr. Appeal No. 62 of 2012 stands directed by the Central Bureau of Investigation against the judgment of the learned Sessions Judge (Special Judge), Shimla, whereby, the latter Court acquitted accused/respondents Surender Prasad and Asha Sanwal for the offences for which they stand charged and tried by it. All the aforementioned appeals stood dismissed and the judgments of the learned trial Court impugned before this Court are affirmed and maintained. The appeal stands directed by the State of H.P. against the judgment of the learned Additional Sessions Judge (II), Kangra at Dharamshala, Himachal Pradesh, rendered on in Sessions Case No.23/2011 whereby, the latter Court convicted the accused/respondent for his committing an offence punishable under Section 304 (Part II) of the IPC besides sentenced him to undergo rigorous imprisonment for a period of four years. The State of H.P. stands aggrieved by the factum of the learned trial Court convicting and sentencing the accused under Section 304 (Part II) of the IPC instead of Section 302 of the IPC. Conclusion: Appeal allowed and the accused stood convicted and sentenced under Section 302 IPC to undergo life imprisonment and to pay a fine of Rs.20,000/-. : The appeal stands directed against the impugned judgment of the learned Additional Sessions Judge, Fast Track Court, Una, District Una, H.P., whereby the Court aforesaid returned findings of conviction against the respondent herein for his committing an offence constituted under Section 498-A of the Indian Penal Code whereas it returned findings of

113 Hon ble Mr. Rajiv Sharma, Judge and Hon ble Mr. Thakur, Judge Hon ble Mr. Rajiv Sharma, Judge and Hon ble Mr. Thakur, Judge Hon ble Mr. Rajiv Sharma, Judge and Hon ble Mr. Thakur, Judge Hon ble Mr. Rajiv Sharma, Judge and Hon ble Mr. Thakur, Judge. Cr.A No.715 of Cr.Appeal No.8 of Cr.Appeal No Cr.Appeal No of of State vs. Dhanwant Singh & Ors. State of H.P. versus Hardit & Ors. State of H.P. versus Akhilesh Kumar & Ors. State of H.P. versus Manohar Lal. acquittal qua his allegedly committing an offence constituted under Section 306 of IPC. However, the learned trial Court afforded the benefit of Probation of Offenders Act, 1958 to the accused. This Court sentenced the convict under Section 306 IPC for rigorous imprisonment for a period of four years and to pay a fine of Rs.5,000/- and in default of payment of fine, he was ordered to further undergo rigorous imprisonment for a period of three months. The convict is also sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.3,000/- for commission of offence under Section 498-A IPC. Appeal against acquittal preferred by the State of H.P. under Sections 147, 325, 452, 307 read with section 149 IPC. Appeal dismissed and the impugned judgment of the learned trial Court maintained and affirmed. Appeal against acquittal preferred by the State of H.P. whereby the learned trial Court acquitted the accused persons under Sections 148, 324, 323 read with section 149 IPC. Appeal dismissed and the impugned judgment of the learned trial Court maintained and affirmed. Appeal preferred by the State of H.P. against the impugned judgment of the learned trial Court whereby the accused persons were acquitted by the learned trial Court for theirs committing offences punishable under Sections 498-A, 306 and 201 read with Section 34 IPC. Appeal allowed and the accused persons were convicted and sentenced to undergo rigorous imprisonment under different heads and to pay fine. :- Appeal against acquittal preferred by the State of H.P. whereby the accused/respondent was acquitted by the learned trial Court under Section 302 of the IPC. Appeal dismissed and the impugned judgment of the learned trial Court maintained and affirmed

114 Hon ble Mr. Rajiv Sharma, Judge and Hon ble Mr. Thakur, Judge Hon ble Mr. Rajiv Sharma, Judge and Hon ble Mr. Thakur, Judge Hon ble Mr Rajiv Sharma, Judge and Hon ble Mr. Thakur, Judge Hon ble Mr. Rajiv Sharma, Judge and Hon ble Mr. Thakur, Judge Hon ble Mr Rajiv Sharma, Judge and Hon ble Mr. Thakur, Judge Hon ble Mr Rajiv Sharma, Judge and Hon ble Cr.Appeal No of Cr.A No.280 of Cr.Appeal No Cr.Appeal No Criminal Appeal No Criminal Appeal No of of of of Bholu Ram versus State of H.P. State vs. Ajay Soni & Anr. State versus Anil Kumar & Anr. State of H.P. versus Samshya Devi & Ors. State of H.P. versus Bhajan Singh. Inder Singh versus State of H.P. : Appeal preferred by the convict/appellant whereby he was convicted and sentenced by the learned trial Court under Section 376 IPC. Appeal dismissed and the impugned judgment of the learned trial Court maintained and affirmed. Appeal against acquittal preferred by the State of H.P. whereby the respondent/accused was acquitted of offence punishable under Sections 366, 376 and 120-B of the Indian Penal Code. Conclusion Appeal dismissed and the impugned judgment of the learned trial Court maintained and affirmed Appeal preferred by the State of H.P. against acquittal of the respondents/accused persons whereby the learned trial Court acquitted the accused/respondents for an offence punishable under Section of the Narcotic Drugs and Psychotropic Substances Act. Appeal stood dismissed and the impugned judgment of the learned trial Court maintained and affirmed. - Appeal preferred by the State of H.P. against acquittal of the respondents/accused persons whereby the learned trial Court acquitted the accused / respondents for offences punishable under Sections 498-A, 306 read with Section 34 of the IPC. Appeal stood dismissed and the impugned judgment of the learned trial Court maintained and affirmed. - Appeal preferred by the State of H.P. against acquittal of the respondent/accused whereby the learned trial Court acquitted the accused for offence punishable under Section 302/34 of the IPC. Appeal stood dismissed and the impugned judgment of the learned trial Court maintained and affirmed. - The appellant/convict preferred an appeal against the impugned judgment of the learned trial Court whereby he was

115 115 Mr. Thakur, Judge Hon ble Mr Rajiv Sharma, Judge and Hon ble Mr. Thakur, Judge Hon ble Mr Rajiv Sharma, Judge, and Hon ble Mr. Sureswhwar Thakur, Judge 148. Hon ble Mr Rajiv Sharma, Judge and Hon ble Mr. Thakur, Judge Hon ble Mr Rajiv Sharma, Judge and Hon ble Mr. Thakur, Judge Criminal Appeal No Criminal Appeal No Criminal Appeal No Criminal Appeal No of of of of State of H.P. versus Pawan Kumar. State of H.P. versus Shiv Chand. Neelam Sharma versus Satish Kumar & Ors. Harjinder Singh & Ors. versus State of H.P. convicted and sentenced to undergo imprisonment under different heads punishable under Sections 376, 506(B), 342 of the Indian Penal Code and Sections 8 and 12 of Protection of Children from Sexual offences Act, Appeal dismissed and the impugned judgment of the ld.trial Court stood maintained and confirmed. Appeal preferred by the State of H.P. against acquittal of the respondent/accused whereby the learned trial Court acquitted the accused for offence punishable under Sections 376 and 506 of the Indian Penal Code. Appeal stood dismissed and the impugned judgment of the learned trial Court maintained and affirmed. - Appeal preferred by the State of H.P. against the acquittal of the respondent/accused for his committing offences punishable under Sections 120-B, 363, 366, 368 IPC and under Section 6 of the Immoral Traffic (Prevention) Act, Appeal allowed and the judgment rendered by the learned trial Court set aside. Case remanded to the learned trial Court for rerecording afresh by it of the statements/evidence of the prosecution witnesses. - The appeal stands directed by the complainant/appellant against the judgment of the learned Additional Sessions Judge, Ghumarwin, District Bilaspur, Himachal Pradesh, whereby it acquitted the accused/respondents for offences punishable under Sections 302, 201 read with Section 34 of the Indian Penal Code and Section of the Indian Arms Act. Appeal is allowed and the accused/respondents are convicted for the offence punishable under Section 302 read with Section 34 of the IPC and under Section of the Indian Arms Act. - The appellants/convicts preferred an appeal before this Court against the judgment of conviction rendered by the learned trial Court for theirs committing offences punishable under Sections 302/34, 323/34 and Section 324 of the

116 Hon ble Mr Rajiv Sharma, Judge and Hon ble Mr. Thakur,Judge 151. Hon ble Mr Rajiv Sharma, Judge and Hon ble Mr. Thakur, Judge 152. Hon ble Mr Rajiv Sharma, Judge and Hon ble Mr. Thakur, Judge 153. Hon ble Mr Rajiv Sharma, Judge and Hon ble Mr. Thakur, Judge 154. Hon ble Mr Rajiv Sharma, Judge and Hon ble Mr. Criminal Appeal No Criminal Appeal No of of CWP No.4419 of CWP No.3274 of 2010 with CWP No.3278 of CWP No.2023 of Suresh Kumar versus State of H.P. State of H.P. versus Umesh Singh. Surinder versus State of H.P. & Ors. Shailender Kishore versus State of H.P. M/s.SS Constructions versus State of H..P. & Ors. Indian Penal Code. Appeal dismissed and the impugned judgment of conviction maintained and affirmed. - The appellant/convict preferred an appeal before this Court against the judgment of conviction rendered by the learned trial Court for his committing offences punishable under Sections 307, 353 of the Indian Penal Code, Section 27 of the Arms Act and Section 61 of the Punjab Excise Act. Appeal dismissed and the impugned judgment of conviction maintained and affirmed. Appeal preferred by the State of H.P. against the acquittal of the respondent/accused for his committing offence punishable under Section 302 read with Section 34 of the Indian Penal Code. Appeal dismissed and the impugned rendition of the learned trial Court maintained and affirmed. Land Acquisition matter. Petition stood disposed of with direction to the respondents-state is directed to deacquire the tract of three biswas whereafter they are directed to consider to issue a fresh notification for acquisition of the land of the petitioner herein under the provisions of the Act of The petitioners herein claim a direction being rendered upon the respondents by this Court to offer appointments to them against the post of investigator(s) as stands advertised by them to be filled up on a permanent basis. The petitions are allowed and the respondents are directed not to terminate the services of the petitioners rather they are directed to consider them for regularization against available vacancy(s) or to consider them for appointment against contractual post(s), if available with them. The petitioner stands aggrieved by the action of the respondent in rejecting his technical bid for execution of the tendered work

117 117 Thakur, Judge 155. Hon ble Mr Thakur, Judge Hon ble Mr Thakur, Judge 157. Hon ble Mr Thakur, Judge. Criminal Appeal No of CR No.67 & 68 of Cr.MMO No of Desh Raj & Ors. Versus State. Renu Sharma versus Brig.C.K.Maitra. Master Sanjeev (Minor) through natural guardian Smt.Leela Deviversus Kehar Singh. The petition stood dismissed. - The appellants/convicts preferred an appeal against the impugned rendition of the learned trial Court whereby they stood convicted and sentenced to undergo imprisonment under Sections 498-A and 323 read with Section 34 of the Indian Penal Code. Appeal partly allowed whereby two of the accused persons stood acquitted of the offence charged and in respect of the third accused, namely, Pawan Kumar, the impugned judgment of conviction of learned trial Court stood maintained and affirmed. Civil Revision Petition No.67 of 2015 stands directed against the impugned order of the learned District Judge, Forest, Shimla whereby he allowed the application preferred thereat by the applicant - JD/respondent herein under Section 28 of the Specific Relief Act. In sequel, the agreement of sale recorded inter se the petitioner herein and the respondent herein stood set aside, with a sequelling effect whereof of the rendition of the learned Additional District Judge, Fast Track Court recorded in Civil Suit No.72 - S/1 of 2004/1999 rendition whereof stood affirmed by this Court in its decision recorded in RFA No.351 of 2005, standing also quashed and set - aside. Civil Revision Petition No.68 of 2015 stands directed against the orders rendered on by the learned District Judge (Forests), Shimla on the Execution Petition preferred thereat by the decree holder petitioner whereby her prayer for execution of the decree rendered by the learned Additional District Judge, Fast Track Court, Shimla, H.P., decree whereof stood affirmed by this Court in its decision recorded in RFA No.351 of 2005, stood declined to her. Petitions allowed and the impugned renditions of the Courts below stood quashed and set aside. - Petitioner Master Sanjeev (Minor) thorough his mother and natural guardian Smt.Leela Devi preferred the instant petition hereat against the impugned rendition of learned Sessions Judge, Chamba whereby the

118 Hon ble Mr Thakur, Judge Hon ble Mr Thakur, Judge` RAS No.549 of Crim. Revision No of Johli (since deceased) through his LRs. versus Tullu. Tourism & Civil Avition versus Sunita Bhandari & Anr. latter Court accepted the revision petition preferred by the respondent reversing the order of the learned CJM, Chamba preferred by the petitioner herein under Section 125 Cr.P.C. The petition stood dismissed as also Cr.MP No.1023 of 2011 preferred hereat by the petitioner herein for seeking permission of this Court to order for the holding of the DNA test of the parties at contest stands dismissed. In sequel, the order of the learned Sessions Judge, Chamba stood affirmed and maintained. - The plaintiff/appellant herein preferred an appeal hereat against the impugned rendition of the learned Additional District Judge, Mandi camp at Karsog whereby he accepted the appeal of the defendant/respondent herein and also reversed the decree of mandatory injunction rendered by the learned Civil Judge (Senior Division), Karsog), District Mandi, H.P., whereby the latter Court directed the defendant to erect a boundary wall adjoining the land of the plaintiff. Appeal dismissed. In sequel, the judgment and decree rendered by the learned Additional District Judge, Mandi camp at Karsog stood maintained and affirmed. - The complainant/petitioner herein instituted a complaint before the learned Judicial Magistrate concerned against the respondents/accused herein for theirs infracting the provisions of Section 49 read with Section 42 of the H.P. Tourism and Trade Act, The breach aforesaid at the instance of the accused/respondents occurred on theirs operating a Hotel without theirs obtaining from the competent authority concerned its apposite mandatory registration. Before the learned Judicial Magistrate concerned the respondents/accused confessed their guilt whereupon a fine of Rs.5000/- stood imposed upon each of the accused/respondents. The learned Sessions Judge, Chamba in his rendition had assessed fine at the rate of 100/- per day calculated from upto However, the learned Sessions Judge, Chamba did not proceed to assess fine upon the respondents/accused from upto , though even within the

119 Hon ble Mr Thakur, Judge 161. Hon ble Mr Thakur, Judge Hon ble Mr Thakur, Judge RSA No.78 of RSA No.409 of RSA No.271 of Dev Raj versus Lakhan Pal Finance & Investments Ltd. Hari Nand & Ors. Versus Rama Nand & Ors. Chajju Ram versus Shamma (deceased) through LRs. aforesaid period, the respondents/accused had infracted the provisions of Section 42 of the Act whereupon composition fee stood assessed by the competent authority, composition fee whereof on remaining undeposited by the respondents/accused, an apposite averment in consonance therewith stood manifested in the complaint. The instant petition is allowed and the impugned order stands quashed and set aside. Whether the interest allowed by the trial Court and the first appellate Court is against the provisions of Interest Act and the Contract Act as well as Code of Civil Procedure? Appeal dismissed and the judgments and decrees of the both the learned Courts below maintained and affirmed. The defendants/appellants preferred the instant appeal against the concurrent judgments and decrees of both the learned Courts below herebefore. The point involved is, Whether the learned District Judge has drawn a wrong inference that earlier Will Exhibit DA which was executed on and got registered before the Sub Registrar, Theog, on has not been proved by the present appellants though as per the claim of the respondents subsequent Will Ext. PW-2/A contain mention of the earlier Will? Appeal dismissed and the judgments and decrees rendered by both the Courts below are maintained and affirmed.. Whether the two Courts below have not correctly evaluated the evidence as regards the plea of adverse possession especially the entries in the Jamabandies which show that the possession of the respondentdefendant is permissive (Babaja Rajamandi)? Conclusion The appeal is partly allowed and the findings rendered by the learned trial Court on issue No. 9(a) stand reversed and setaside. However, the judgments and decrees rendered by both the Courts below refusing the decree of permanent prohibitory injunction qua the suit property to the plaintiff is affirmed and maintained

120 Hon ble Mr Thakur, Judge 164. Hon ble Mr Thakur, Judge 165. Hon ble Mr Thakur, Judge Hon ble Mr Thakur, Judge CMPMO No of Criminal Appeal No.41 of Criminal Appeal No Criminal Appeal No of of Balwant Singh & Anr. Versus Ashok Kumar & Ors. State of H.P. versus Kamlesh Kumar. State of H.P. versus Suresh Mehta. State of H.P. versus Harji & Ors. The plaintiffs/respondents herein instituted a suit against the defendants/petitioners herein for permanent prohibitory injunction for prohibiting the defendants from changing the nature of the suit land till the joint holdings stand partitioned by metes and bounds. The defendants had by their overt act of threatening to subject a portion of the joint land to construction spurred a cause of action vis-à-vis the plaintiffs also during the pendency of the suit, the plaintiffs had motioned the learned trial Court for the defendants being ad-interim restrained from subjecting any portion of the joint holdings to any construction. The learned trial Court had allowed the application of the plaintiffs. In an appeal carried from the rendition of learned trial Court before the learned Additional District Judge, Hamirpur by the aggrieved defendants, the appellate Court had affirmed the rendition of the learned trial Court. Petition dismissed. - The State of H.P. preferred an appeal before this Court against the impugned rendition of the learned trial Court whereby the learned trial Court acquitted the respondent for the offences punishable under Sections 279 and 337 of the Indian Penal Code. Appeal dismissed and the impugned Judgment of the learned trial Court maintained and affirmed. The State of H.P. preferred an appeal before this Court against the impugned rendition of the learned trial Court whereby the learned trial Court acquitted the respondent for the offences punishable under Sections 324 and 506 of the Indian Penal Code. Appeal dismissed and the impugned Judgment of the learned trial Court maintained and affirmed. - The State of H.P. preferred an appeal before this Court against the impugned rendition of the learned trial Court whereby it acquitted the respondents for the offences punishable under Sections 32 and 33 of the Indian Forest Act read with Section 34 of the Indian Penal Code

121 Hon ble Mr Thakur, Judge 168. Hon ble Mr Thakur, Judge 169. Hon ble Mr Thakur,Judge 170. Hon ble Mr Thakur, Judge Hon ble Mr Thakur, Judge. Criminal Appeal No of Criminal Appeal No.59 of Cr.Revision No.169 of Criminal Appeal No Criminal Appeal No of of Manoj Kumar versus State of H.P. Lal Chand versus State of H.P. Karam Chand versus State. State of H.P. versus Avinash Gulati & Ors. State of H.P. vs. Sanjeev Kumar. Appeal dismissed and the impugned rendition of the learned trial Court maintained and affirmed. - Appeal of the convict/appellant before this Court for his committing offence punishable under Sections 376 and 506 of the Indian Penal Code. Conclusion The appeal dismissed and the impugned rendition of the learned trial Court maintained and affirmed. - Appeal of the convict/appellant before this Court for his committing offence punishable under Section 20 of Narcotic Drugs and Psychotropic Substances Act, The appeal allowed and the judgment of conviction and sentence rendered by the learned trial Court is set aside and the appellant stood acquitted of the offence charged. Revision preferred by the convict/revisionist for his having committed offence punishable under Section 279 of the IPC by both the Courts below. Petition dismissed. The impugned judgment of conviction and sentence recorded against the accused by the learned Additional Sessions Judge, Kinnaur at Rampur District Shimla is maintained and affirmed. Appeal of the State against acquittal of the respondents/accused preferred against the impugned rendition of the learned trial Court under Sections 323, 324, 325 read with Section 34 of the Indian Panel Code. Appeal dismissed and the impugned rendition of the learned trial Court maintained and affirmed. - State of H.P. preferred the instant appeal before this Court against the impugned rendition of the learned trial Court whereby it acquitted the respondent for his allegedly having committed offence(s) punishable under Sections 279 and 337 of the Indian Penal Code and under Section 181 of the Motor vehicles Act. Appeal dismissed and the impugned rendition of the learned trial Court

122 Hon ble Mr Thakur, Judge Hon ble Mr Thakur, Judge Hon ble Mr Thakur, Judge Hon ble Mr Thakur, Judge. Criminal Appeal No of Cr.Revision No.117 of Criminal Appeal No Criminal Revision No of State of H.P. versus Beli Ram. Sohan Lal versus State of H.P. State of H.P. versus Bishan Singh. Ishwar Singh versus Lekh Ram & Ors. maintained and affirmed. - Appeal preferred by the State of H.P. against the impugned rendition of the learned trial Court whereby it acquitted the respondent/accused for his allegedly committing offences punishable under Sections 279, 304-A, IPC and Section 184 of the Motor Vehicle Act. However, it convicted the accused for his committing an offence punishable under Section 187 of the Act besides sentenced him to face imprisonment uptill the rising of the Court and to pay fine of Rs.500 and in default of payment of fine amount to undergo simple imprisonment for 30 days. The appeal stood dismissed and the impugned judgment of the learned trial Court stood affirmed and maintained. - Accused/convict through the instant revision has challenged the impugned renditions of the learned Courts below for his having committed offences punishable under Sections 279, 337 and 338 IPC. Appeal allowed and the impugned judgments of conviction and sentence rendered by both the Courts below are set aside. The revisionist/accused is acquitted of the offences charged. - The State of H.P. aggrieved by the impugned rendition of the learned trial Court has preferred the instant appeal whereby the latter Court acquitted the accused/respondent for his committing the offences punishable under Section 406 of the Indian Penal Code. Appeal allowed and the judgment of acquittal rendered by Additional Sessions Judge, Shimla camp at Rohru, is set-aside and the judgment of conviction and sentence recorded against the accused by the learned trial Court is maintained and affirmed. The instant revision petition stands directed against the impugned order of the learned Judicial Magistrate 1 st Class, Court No.1, Ghumarwin whereby he acquitted the accused for theirs allegedly committing offences punishable under Sections 166 and 188 read with Section 34 of the IPC. The petition stands dismissed. The

123 Hon ble Mr Thakur, Judge Hon ble Mr Thakur, Judge Hon ble Mr Thakur, Judge Hon ble Mr Thakur, Judge. Criminal Appeal No of Criminal Appeal No.70 of Cr.Revision No.313 of Criminal Appeal No of Rakesh Kumar versus State of H.P. State of H.P. versus Amrit Lal. Dr.Sunil Saini versus State of H.P. & Ors. State of H.P. versus Rakesh Kumar & Ors. judgment impugned before this Court is affirmed and maintained. - The appellant preferred the instant appeal against the impugned rendition of the learned trial Court whereby it convicted and sentenced the appellant for his having committed offence punishable under Section 20 of the NDPS Act. The appeal is allowed and the impugned judgment of rendered by the learned Special Judge, Fast Track, Kullu is set aside. The accused is acquitted of the offence charged. The instant appeal stands directed by the State of H.P. against the judgment of the learned Judicial Magistrate 1 st Class, Court No. III, Hamirpur, District Hamirpur, Himachal Pradesh, whereby the learned trial Court acquitted the accused/respondents herein for theirs allegedly committing offences punishable under Sections 341, 325 and 323 read with Section 34 of the Indian Panel Code. Appeal dismissed and the judgment of acquittal recorded in favour of the accused/respondents herein by the learned trial Court is affirmed. The petitioner herein stands arrayed as accused No.5 in the apposite complaint instituted by the complainant before the Judicial Magistrate 1 st Class (II), Kangra. The apposite complaint makes incriminatory ascriptions qua the petitioner herein/accused qua his levelling false allegations against the complainant before the authorities concerned, whereupon his reputation besides, image amongst his friends and relatives stood tarnished. Hence, he prefers the instant revision. The instant petition is allowed and order impugned before this Court is quashed and set aside only qua the respondent/petitioner herein. The State of H.P. preferred the instant appeal against the impugned rendition of the learned trial Court whereby it acquitted the respondents for theirs allegedly committing offences punishable under Sections 451, 323 and 506 of the Indian Panel Code

124 Hon ble Mr Thakur, Judge Hon ble Mr. Thakur, Judge Hon ble Mr. Thakur, Judge Hon ble Mr. Thakur, Judge Criminal Appeal No Criminal Appeal No Criminal Appeal No of of of RSA No.423 of State of H.P. versus Arun Kumar & Ors. State of H.P. versus Vikas Sood & Anr. Lakhwinder Pal versus State of H.P. H.P. State Forest Corporation versus Narain Singh. Appeal dismissed and the impugned rendition stood maintained and affirmed. The State of H.P. preferred the instant appeal against the impugned rendition of the learned trial Court whereby it acquitted the respondents qua theirs committing offences punishable under Sections 341,323 and 325 read with Section 34 of the Indian Penal Code. Appeal dismissed and the impugned rendition of the learned trial Court maintained and affirmed. Point Involved: The instant appeal stands directed by the State of H.P. against the judgment of the learned Chief Judicial Magistrate, Shimla, District Shimla, Himachal Pradesh, whereby, the latter Court acquitted the accused/respondents for offences punishable under Sections 353, 332 and 506 read with Section 34 of the Indian Penal Code. Conclusion: The instant appeal preferred by the State of H.P. is allowed. The accused/respondents are convicted for theirs committing offences punishable under Sections 332 and 506 of the IPC read with Section 34 of the IPC. : The instant appeal is directed against the judgment rendered by the learned Sessions Judge, Mandi, District Mandi, H.P., whereby, it convicted the accused/appellant herein for an offence punishable under Section 376 of the IPC and sentenced him to undergo rigorous imprisonment for seven years and to pay fine of Rs.50,000/-. However, the learned Trial Court acquitted the accused/appellant herein also it acquitted co-accused Subh Lata and Harish Kumar for commission of offences punishable under Sections 363, 366 and 120-B of the IPC besides acquitted accused Bishan Dass for commission of offences punishable under Section 186 read with Section 120-B of the IPC. Conclusion: The appeal stood dismissed and the impugned rendition of the learned trial Court maintained and affirmed. : Whether the plaintiff is entitled to recover the suit amount with interest and whether the defendant is entitled to recover a sum of Rs.99,704/- with interest from the

125 Hon ble Mr. Thakur, Judge Hon ble Mr. Thakur, Judge 186. Hon ble Mr. Thakur, Judge RSA No.475 of RSA No.526 of RSA No.628 of 2005 with RSA No.17 of Bishan Dass & Ors. Versus Sardari Lal. Jaidrath & Ors. Versus D.C.Mandi & Ors. Rajesh Kumar Versus Ram Parkash/ Ram Parkash versus Rajesh Kumar. plaintiff, as claimed in the counter claim? Conclusion: The present Regular Second Appeal is dismissed. In sequel, the judgments and decrees rendered by both the learned Courts below are maintained and affirmed. : Defendants/appellants preferred the instant appeal against the impugned renditions of the learned Courts below whereby both the Courts below decreed the suit of the plaintiff. Theirs standing aggrieved, they have there-from preferred the instant appeal before this Court for seeking from this Court a verdict for reversing the findings recorded therein. Conclusion: The instant appeal allowed and the judgments and decrees rendered by both the learned Courts below stood set aside. In sequel, the suit of the plaintiff is dismissed. : The instant appeal stands directed against the impugned judgment and decree of the learned District Judge, Mandi, Himachal Pradesh, whereby he affirmed the rendition of the learned Senior Sub Judge, Mandi, District Mandi, whereby the suit of the plaintiffs stood dismissed. The plaintiffs standing aggrieved by the concurrently recorded renditions against them by both the learned Courts below, concert through the instant appeal constituted before this Court, to seek reversal of the concurrently recorded judgments and decrees of both the Courts below. Conclusion: Appeal allowed and the judgments and decrees rendered by both the Courts below are quashed and set-aside. : RSA No. 628 of The instant appeal stands directed against the impugned judgment and decree rendered by the learned District Judge, Shimla whereby, he, while modifying the judgment and decree of the learned trial Court whereby a sum of Rs.1,00,000/- stood assessed as damages by it qua the plaintiff reduced in a sum of Rs.30,000/- the quantum of damages qua the plaintiff. RSA No. 17 of The instant appeal stands directed against the impugned judgment and decree of the learned First Appellate Court whereby it reduced the quantum of damages payable to the plaintiff from Rs.1,00,000/- as stood

126 Hon ble Mr. Thakur, Judge Hon ble Mr. Thakur, Judge 189. Hon ble Mr. Thakur, Judge. FAO No.102 of FAO No.129 of RSA No.353 of Sr.Ex.Engineer HPSEB versus Chet Ram. Bishan Singh versus State of H.P. & Ors. Krishan Chand versus Ram Lal & Ors. assessed vis.a.vis him by the learned trial Court to a sum of Rs.30,000/-. Conclusion:- The appeal filed by plaintiff Ram Parkash bearing No. 17 of 2006 is dismissed whereas the appeal bearing No. 628 of 2005 filed by the defendant Rajesh Kumar is allowed. In sequel the judgments and decrees rendered by both the Courts below are set-aside. : The instant appeal arises from the impugned order rendered by the Commissioner under Workmen's Compensation, HPSEB, Unit -II, Mandi, H.P., whereby he allowed the application preferred thereat under Section 10 of the Workmen Compensation Act by the claimant/injured. Conclusion: The instant appeal is dismissed and the order impugned before this Court is affirmed and maintained. : Whether the petitioner sustained injuries arising out and in the course of employment and Whether the petitioner is guilty for performing service in a hazardous manner deliberately and avoiding safety measures himself? Conclusion: The matter remanded to the learned Wlorkmen s Commissioner for proceeding to assess compensation qua the workman by his employing the method constituted in Clause (c)(ii) of Section 4 of the Act. Point Involved: The plaintiff's suit for permanent prohibitory injunction for restraining the contesting defendant from interfering with his possession qua the suit land stood decreed by the learned trial Court. However, in an appeal preferred therefrom by the contesting defendant before the learned first Appellate Court, the latter Court reversed the judgment and decree rendered vis-a-vis the plaintiff by the learned trial Court. In sequel, the plaintiff stands aggrieved by the judgment and decree rendered by the learned first Appellate Court whereupon he is constrained to assail it by instituting the instant appeal therefrom before this Court. Conclusion: The present Regular Second Appeal is allowed and the judgment and decree rendered by the learned Additional District Judge, Shimla is set aside. In sequel, the

127 Hon ble Mr. Thakur, Judge 191. Hon ble Mr. Thakur, Judge Hon ble Mr. Thakur, Judge. FAO No.3 of Cr.MMO No Cr.MMO No.38 Cr.MMO No of with of NIC versus Umapati & Ors. Ritu Bhalla versus State. Aditya Birla Finance versus Daljit Kaur Gorwara. judgment and decree rendered by the learned Sub Judge 1 st Class, Court No.1, Rohru, District Shimla, H.P. is maintained and affirmed. : The only address made before this Court by the learned counsel for the appellant for reversing the findings recorded by the learned Commissioner in the impugned order stands hinged upon, the latter discarding the factum of the deceased workman at the relevant time performing employment under respondent No.2, to whom respondent No.1 wheretowhom the relevant work stood allotted sub contracting it vis-a-vis respondent No.2, whereupon he contends of with a bar enjoined in the relevant insurance cover executed inter se respondent No.1 and respondent No.3/appellant herein, against respondent No.1 sub contracting the relevant work, bar whereof on standing infringed would not render respondent No.3 to be amenable for liability being fastenable upon it, for indemnifying the insured qua the amount of compensation assessed vis-à-vis the petitioners/claimants for the demise of their predecessors-in-interest during the course of his rendering employment under a sub contractor. Conclusion: The instant appeal stood dismissed and the order impugned here-before affirmed and maintained. Point Involved: Through the instant petition, the petitioner makes a prayer for the quashing of FIR No.43 of registered at Police Station Pachhad, District Sirmour, H.P., besides also she makes a prayer for quashing of order of rendered by the learned Judicial Magistrate 1 st Class, Rajgarh, whereby he dismissed the application of the petitioner seeking therein a relief for hers standing discharged qua the offences embodied in the FIR aforesaid. Conclusion: The instant petition stood dismissed. The order impugned before this Court affirmed and maintained. Point Involved: Accused Daljit Kaur Gorwara is a Director of M/s Arvind Casting Pvt. Ltd., and of M/s Arvind Trade Links Pvt. Ltd.. Both the companies hold manufacturing activities within the territorial limits of the jurisdiction of Police Station Haroli, Tehsil Haroli,

128 Hon ble Mr. Thakur, Judge Hon ble Mr. Thakur, Judge Hon ble Mr. Thakur, Judge. Civil Revision No.154 of Cr.MMO No.3 of Cr.MMO No of Dharam Chand Shukla & Anr. Versus Ashok Kumar. Gurbachan Singh & Ors. Versus State of H.P. & Anr. Bagga Ram versus Gurpal Singh & Anr. District Una, Himachal Pradesh. The entities aforesaid purportedly secured from the complainant a loan/cash credit facility respectively constituted in sums of Rs. 5 crores and Rs.3 crores. The aforesaid loans/cash credit facility secured by the entities aforesaid wherein accused Daljit Kaur Gorwara held the position of a Director was for facilitating theirs manufacturing parts of tractors for M/s Intentional Traders Ltd., M/s Dana India Pvt. Ltd., and M/s Mahindra and Mahindra Pvt. Ltd., besides other entities. The relevant aforesaid assignments of manufacturing activities by the aforesaid entities vis-a-vis the entities wherein accused Daljit Kaur Gorwara along with other co-accused holds the position of a Director, were subsequently detected to be forged besides fictitious. Conclusion: Cr.MMO No. 38 of 2015 allowed and the impugned order, Annexure P-1, appended thereto, whereby the learned Judicial Magistrate concerned granted bail to accused Daljit Kaur Gorwara is quashed and set aside. She is directed to be forthwith taken into custody by the Investigating Officer. However, Cr.MMO No. 132 of 2015, preferred at the instance of accused Daljit Kaur Gorwara for the cancellation of FIR is dismissed. However, it is open to accused Daljit Kaur subsequent to hers standing taken into custody by the Investigating Officer, to move for grant bail before the appropriate court of law. Point Involved: Matter regarding eviction of a tenant. Conclusion: The petition stood dismissed. Point Involved: The instant petition stands preferred by the petitioners for quashing of FIR No.48 of registered under Sections 452,147,149,323 and 506 of Indian Penal Code also for quashing of all pending consequential proceedings before the Court concerned. Conclusion: The petition stood dismissed. Point Involved: The relief ventilated in the instant petition is for quashing of complaint instituted under Sections 420, 465, 466, 467, 468, 120-B read with Section 34 of the Indian Penal Code besides for quashing of the order of whereby the learned Magistrate

129 Hon ble Mr. Thakur, Judge Hon ble Mr. Thakur, Judge Hon ble Mr. Thakur, Judge Hon ble Mr. Thakur, Judge. RSA No.342 of RSA No.321 of RSA No.525 of FAO No.406 of Chander Shekhar versus Dharam Chand Shukla & Ors. Balak Ram & Ors. Versus State of H.P. & Ors. Prabhu Ram versus Nardoo. Gian Chand versus State of H.P. & Ors. concerned on the anvil of the statement of the complainant and other witnesses concluded therefrom of there being sufficient grounds for proceeding against the accused for his allegedly committing the offences constituted in the complaint aforesaid whereupon she stood constrained to issue summons upon the accused. Conclusion: The petition stood allowed and the summoning order issued qua accused No.1 Bagga Ram in the aforesaid complaint is ordered to be quashed. Point Involved: Whether the finding of the first Appellate Court that respondent No.4 Ashok Kumar was inducted as tenant by way of an act of prudent management of the mortgaged property and as such he is to be treated as a tenant under the appellant-plaintiff even after the redemption of the mortgage, is contrary to the legal position and whether the finding of the First Appellate Court that respondent No.4 Ashok Kumar was inducted as tenant by the appellant/plaintiff prior to the creation of the mortgage is not supported by the evidence on record? Conclusion: Appeal partly allowed. Point Involved: Whether the judgments of both the Courts below can be sustained which have been passed on the basis of orders of Deputy Commissioner, Shimla dated and subsequent order of Divisional Commissioner, Shimla Division dated , which is without jurisdiction? Conclusion: The judgments and decrees rendered by both the Courts below are quashed and set-aside. Point Involved: Whether the impugned judgment and decree of the learned trial Court as affirmed by the learned first Appellate Court is dehors the evidence on record and result of misreading of the evidence and against the settled position of law? Conclusion: The Regular Second Appeal stood dismissed. In sequel, the judgments and decrees rendered by both the learned Courts below are maintained and affirmed. : The instant appeal is directed against the impugned order of the learned Commissioner rendered under the

130 Hon ble Mr. Thakur, Judge Hon ble Mr. Thakur, Judge Hon ble Mr. Thakur, Judge. FAO No.218 of RSA No.437 of RSA No.666 of Sushma Devi versus Malkiat Singh. Paras Ram versus State of H.P. & Ors. Dayalu Devi & Ors. Versus State of H.P. & Anr. Workmen s Compensation Act (SDM), Rampur Bushahr, District Shimla, whereby he declined to award compensation to the applicant/appellant for his sustaining injuries during the course of his performing employment under his employer. Conclusion: Appeal dismissed. Point Involved: The instant appeal arises from the impugned judgment rendered by the learned District Judge, Hamirpur on in a Hindu Marriage Petition, whereby he allowed the petition preferred thereat under Section 13 (1)(b) of the Hindu Marriage Act, 1955 by the petitioner/respondent herein and passed a decree for dissolution of marriage inter se the parties to the lis on the ground of desertion. Conclusion: The appeal stood dismissed. In sequel, the judgment and decree impugned before this Court is affirmed and maintained. Point Involved: The plaintiffs filed a suit before the learned trial Court for permanent injunction as against the respondents restraining them from interfering in the flow of water for irrigation purpose from a source named Jaral Bain. The plaintiff standing aggrieved by the concurrently recorded renditions against him by both the learned Courts below concert through the instant appeal constituted before this Court, to reverse the judgments and decrees of both the Courts below. Conclusion: The appeal stood dismissed. In sequel, the impugned judgments of both the Courts below affirmed and maintained. Point Involved: Whether the first appellate Court has erred in dismissing the appeal when it has specifically been observed in para 11 of its judgment that the land in question is not shown to have belonged to Tara Chuhra, on whose death the respondent-defendant claimed that it escheated to the State and became Wazud Land? Conclusion: The appeal preferred by the appellants/plaintiffs is dismissed and the substantial question of law is answered against them. The judgments and decrees rendered by the both the Courts below are maintained and affirmed

131 Hon ble Mr. Thakur, Judge Hon ble Mr. Thakur, Judge Hon ble Mr. Thakur, Judge Hon ble Mr. Thakur, Judge Hon ble Mr. RSA No.545 of CMPMO No of RSA No.100 of RSA No.19 of Cr.Revision No.190, 191, 192 and 211 Kuldeep Chand versus Satya Devi & Anr. Vinay Kumar versus Sasngeeta Cheetu & Anr. Ramesh Rattan & Anr. Versus Jeet Singh & Ors. Bhagat Ram versus Soma Devi & Ors. Sunil Kumar versus State with other connected matters. Point Involved: Whether the relief granted to the plaintiff by the Courts below was beyond the scope of the pleadings? Conclusion: The appeal stood dismissed and the judgments and decrees rendered by the both the Courts below are maintained and affirmed. Point Involved: Along with the suit for specific performance instituted by the petitioner herein plaintiff therein against the respondents herein defendants therein, the former instituted an application under Order 39 Rule 1 & 2 CPC before the learned trial Court. Thereupon the learned trial Court directed the contesting parties to maintain status quo qua the nature, possession, construction and alienation over the suit land. However the aggrieved defendant instituted an appeal therefrom before the learned District Judge, Una who reversed the findings recorded by the learned trial Court. The plaintiff on standing aggrieved by the order of the learned District Judge has preferred the instant petition before this Court. Conclusion: The petition stood allowed and the impugned order quashed and set aside. Point Involved: Whether the learned Additional District Judge misread and misinterpreted the ratio in Chuniya Devi s case to hold that the question of tenancy was to be determined by the Land Reforms Officer and Civil Court has no jurisdiction? Conclusion: The stood dismissed and the judgment and decree rendered by the learned Additional District Judge maintained and affirmed. Point Involved: Whether the findings of the Court below are not sustainable in view of the fact that neither custom was pleaded nor proved and in any case on the proper construction of question No. 77 and the Kangra Customary Law, Rathis of Hamirpur were entitled to inherit the estate of both adopted father as also the natural father? Conclusion: The judgment and decree of the learned First Appellate Court as stands assailed hereat does not suffer from any infirmity, hence it is maintained and affirmed. : The petitioner(s) stand(s) aggrieved by the impugned order(s) pronounced by the

132 132 Thakur, Judge. of learned Additional Sessions Judge (II), Mandi, District Mandi, Himachal Pradesh, orders whereof occurred on an application preferred therebefore by the learned Public Prosecutor under Section 319 of the Code of Criminal Procedure whereby it allowed the application aforesaid. Consequently he/they by instituting the instant petition(s) herebefore concert to assail it. Conclusion: All the petitions stood dismissed Hon ble Mr. Thakur, Judge Hon ble Mr. Thakur, Judge Hon ble Mr. Thakur, Judge. FAO No.236 of Cr.MMO No of Civil Revision No.7 of Dr.Amarjeet Singh versus Vijay Laxmi. Nipun Jain & Ors. Versus State of H.P. & Ors. Hardeep Kaur Gandhi & Ors. Versus Ajit Lajwanti Gujral & Ors. Point Involved: The instant appeal stands directed against the judgment rendered by the learned District Judge, Kinnaur Civil Division at Rampur Bushahr, Himachal Pradesh, on in H.M.A. Petition No. 16 of 2007, whereby it refused the according qua the petitioner a decree for dissolution of his marital ties with the respondent. The petitioner/appellant herein standing aggrieved by the rendition of the learned District Judge hence concerts to reverse it by preferring an appeal therefrom before this Court. Conclusion: The appeal stood allowed and the marriage inter se the petitioner/appellant and the respondent herein is ordered to be dissolved under Section 13(1) (i)(i-a) (i-b) of the Hindu Marriage Act. In sequel, the judgment and decree impugned before this Court is quashed and set aside. Point Involved: Through the instant petition, the petitioners ventilate a relief for quashing of summoning order of pronounced by the Court of the learned Judicial Magistrate, 1 st Class, Court No.II Dehra. They also pray for quashing of proceedings pending therebefore in pursuance to the lodging of an FIR constituting therein commission of offences by the petitioners/accused under Sections 341, 392, 323, 324, 504, 506, 149 and 120-B of Indian Penal Code. Conclusion: The petition stood dismissed. Point Involved: The decree qua the suit land rendered by the Court of first instance vis.a.vis the plaintiffs, christened as a Trust attained affirmation upto the Hon ble Apex Court. Sequelly, the relevant decree acquired conclusivity. The plaintiffs/decree holders had thereupon constituted an apposite execution petition before the learned Executing Court, for theirs in the manner unraveled therein begetting its apposite

133 Hon ble Mr. Thakur, Judge Hon ble Mr. Thakur, Judge. CMPMO No of RSA No.73 and 74 of Deepak Bhatia versus Komal Bhatia & Ors. Varinder Singh & Ors. Versus Bakshi Ram & Ors. execution. Under its impugned rendition, the learned Executing Court ordered for issuance of warrants of possession qua the suit property, warrants of possession whereof hold concurrence with the apposite judgment and decree put before it for execution. The judgment debtors/defendants stand aggrieved by the rendition of the learned Executing Court rendered on Conclusion: Revision petition stood allowed and the impugned order quashed and set-aside. Point Involved: The petitioner/defendant by way of the instant petition has challengeed the factum of according of relief to the plaintiff/respondent herein by the learned trial Court whereby he stood permitted to incorporate in the plaint the afore-stated amendments being grossly astray from the enjoined tenets governing the exercise of jurisdiction by it while standing seized with an application under Order 6 Rule 17 CPC significantly with the plaintiff despite his holding knowledge qua the graphic descriptions of the corpus of the suit property his at the outset omitting to aver the apposite narrations qua it in the plaint whereupon he contends of his omissions aforesaid constituting an embargo against the plaintiff qua his belatedly asking for its standing added in the relevant paragraphs of the plaint. Moreso when he despite Knowledge qua the aforesaid facet omitted at the outset to seek its incorporation in the plaint renders him amenable for his standing construed to be indiligent whereas only on evidence displaying qua despite his initially exercising due diligence, his apposite lack of concert thereat warranting its standing condoned by this Court besides giving leverage to him to belatedly seek its incorporation. Conclusion: Petition stood dismissed. Point Involved: RSA No.73 of 2015: Whether the first Appellate Court was not right in concluding that respondent-plaintiff had acquired title by adverse possession, when it was his own plea that he had purchased the suit land from one Gurdwaru who held the land as a tenant and whether the first Appellate Court was not justified in rejecting the appellants plea that they had purchased the land simply on account of the non-production of the sale deed, when

134 Hon ble Mr. Thakur, Judge Hon ble Mr. Thakur, Judge. RFA No.100 of CMPMO No.175 of Mela Ram versus Satya Pal & Ors. ICICI General versus Kumari. Lombard Insurance Sudesh the respondent -plaintiff had allegedly not denied the execution of such sale deed? RSA No.74 of 2015: Whether in order to sustain the plea of his adverse possession over the suit land, the plaintiff was required to admit the ownership of the defendants and then was required to claim his hostile animus and whether the plaintiff can maintain his plea of adverse possession over the suit land against the defendants after claiming his title on the same land by virtue of a registered sale deed? Conclusion: RSA No. 73 of 2006 stood partly allowed to the extent of the declaratory decree of title qua the suit property vis-à-vis the plaintiffs is quashed and set aside. However the judgment and decree of the learned first Appellate Court qua relief of permanent prohibitory injunction as rendered by it visà-vis the plaintiff is maintained and affirmed. Further more, RSA No. 74 of 2006 stood dismissed. Point Involved: This present appeal stands directed against the impugned judgment of the learned District Judge, Kinnaur Civil Division at Rampur Bushahr, Himachal Pradesh, whereby it partly decreed the suit of the plaintiff whereby he stood declared owner in possession of Khasra No. 738 and the superstructure thereon Khasra Number whereof is situated in Mauza Syarla Barshol (Teklech), Tehsil Rampur Bushahr, District Shimla. However, the remaining prayer of the plaintiff qua deceased testator not executing a valid and operative Will stood rejected. Conclusion: The appeal stood dismissed and the impugned judgment of the learned District Judge, Kinnaur at Rampur Bushahr, upheld. : The instant petition is directed against the award rendered by the Motor Accidents Claims Tribunal, Fast Track Court, Una, in MAC Petition No. 28 of 2008 whereby on demise of the predecessor in interest of the claimants in a Motor Vehicle Accident, it awarded compensation to the respondents comprised in a sum of Rs.5,06,000/- alongwith 6% per annum from the date of filing of the petition till realization, liability whereof stood fastened upon the petitioner. Conclusion:

135 Hon ble Mr. Thakur, Judge Hon ble Mr. Thakur, Judge Hon ble Mr. Thakur, Judge Hon ble Mr. Thakur, Judge Hon ble Mr. Thakur, Judge. RSA No.303 of Criminal Appeal No Criminal Appeal No Criminal Appeal No of of of RFA No.214 of Hans Raj versus Suneet Singh & Ors. Raman Kumar versus State of H.P. State of H.P. versus Om Parkash & Ors. State of H.P. versus Om Parkash & Ors. Union of India versus Chatur Singh & Ors. The petition stood dismissed. Point Involved: Whether the deceased late Shri Gian Chand could have willed away the property in which property the plaintiff-appellant had invested more than Rs.3.00 lakhs? Conclusion: The appeal stood dismissed and the judgment and decree rendered by the learned Additional District Judge is maintained and affirmed. Point Involved: The accused/appellant preferred the instant appeal here-before against the impugned judgment of the learned trial Court whereby it convicted the accused/appellant herein for his committing an offence punishable under Section 376 of the IPC Conclusion: The instant appeal stood allowed and the accused is acquitted for the offence punishable under Section 376 of the IPC. In sequel, the impugned judgment is set aside. : The State of H.P. preferred an appeal herebefore against the acquittal of the respondents/accused by the learned trial Court whereby it acquitted the accused/respondents for offences punishable under Sections 332, 504 and 506 read with Section 34 of the Indian Penal Code. Conclusion: The appeal dismissed. In sequel, the judgment impugned before this Court is affirmed and maintained. : The State of H.P. preferred an appeal herebefore against the acquittal of the respondents/accused by the learned trial Court whereby it acquitted the accused/respondents for offences punishable under Sections 332, 504 and 506 read with Section 34 of the Indian Penal Code. Conclusion: The appeal dismissed. In sequel, the judgment impugned before this Court is affirmed and maintained. : The instant Regular First Appeal stands preferred by the appellants herein against the award rendered on by the learned District Judge, Kinnaur Civil Division at Rampur Bushahr, H.P. Conclusion: The instant appeal is dismissed and the

136 136 award impugned herebefore is maintained and affirmed Hon ble Civil Revision Ved Parkash versus : Mr. No. 104 of Muni Lal. The instant revision petition is filed by the. Thakur, Judge petitioner-landlord against the judgment rendered on by the learned Appellate Authority, Solan, H.P., whereby the appeal filed by the tenant/respondent was allowed Conclusion: The petition stood dismissed and the impugned order of the learned Appellate Authority (under H.P.Urban Rent Control Act) is affirmed Hon ble FAO No.451 Oriental Insurance : Mr. of Co. Ltd. versus The instant appeal arises from the. Gopal Chand & Anr. impugned order of the learned Thakur, Judge. Commissioner, rendered under the Workmen's Compensation Act, 1923 Palampur, District Kangra, H.P., whereby he allowed the application preferred thereat by the claimant/respondent No.1 for grant of compensation under the Workmen s Compensation Act. Conclusion: The instant appeal stood partly allowed and the order impugned before this Court is modified Hon ble Mr. Thakur, Judge. RSA No.67 of Sanjay Sood & Anr. versus State of H.P. & Ors. : Whether once it is found that the Statutory authority (District Collector) envisaged by the H.P.Tenancy and Land Reforms Act had not acted in conformity with the fundamental principles of judicial procedure as no notice was issued to the plaintiffs in the appeal pending before it and the plaintiffs were not the party respondents in the said appeal and further as the statutory authority/district Collector has failed to comply with the provisions of H.P.Tenancy and Land Reforms Act, the civil Court has jurisdiction to try the suit and whether once it is found that the orders of i.e. Ext.PB passed by the learned District Collector are in violation to the provisions of the H.P.Tenancy and Land Reforms Act and the said orders are illegal and ultra vires of the law, the learned first appellate Court has erred by holding that the civil Court had no jurisdiction to grant the declaration as prayed for by the plaintiffs/appellants? Conclusion: The appeal stood dismissed and the judgment and decree rendered by the learned Additional District Judge is maintained and affirmed Hon ble RSA No.371 Savitri Devi versus :

137 Mr. Thakur, Judge Hon ble Mr. Thakur, Judge Hon ble Mr. Thakur, Judge Hon ble Mr. Thakur, Judge. 137 of Surender Pal & Anr. Whether the impugned judgment and decree is the result of complete misreading, mis-interpreting and mis-appreciation of provision of Order 2 Rule 2 CPC? Conclusion: The instant stood dismissed and the judgment and decree of the learned trial Court and as affirmed by the learned Appellate Court is maintained and affirmed. FAO No.683 of CR No.62 of FAO No.481 of Soma Devi Versus Kumari Bharti & Ors. Satya Pal versus Union of India & Ors. Kumari Reena & Anr versus Heera Nand & Anr. : The instant appeal arises from the impugned order of the Commissioner for Workmen s Compensation Jawali, District Kangra, H.P. rendered under the Workmen's Compensation Act, 1923, whereby he dismissed the petition preferred thereat by the dependent of deceased Krishan Kumar who met his end in a motor accident involving car whereon he stood purportedly engaged as a driver by deceased Rakesh Kumar who had purchased it from respondent No.3. Conclusion: The present appeal stood allowed and the impugned award is quashed and set aside. : The learned Additional FTC, Shimla, H.P. returned findings against the defendants therein/petitioner No.1 and respondents No. 3 to 5 herein on preliminary issues No. 1 and 2 as stand extracted hereinafter. The defendant No. 1/petitoner herein stands aggrieved by the aforesaid findings rendered thereon by the learned trial Court, hence he stands constrained to therefrom institute herebefore the instant revision petition. 1. Whether the present suit for permanent and prohibitory injunction without seeking declaration of title is maintainable, on the facts pleaded in the plaint? OPP 2. Whether the suit has been properly valued for the purposes of court fee and jurisdiction? OPP. Conclusion: The present petition stood allowed and the impugned award is quashed and set aside. : The instant appeal stands directed against the impugned order of rendered by the Commissioner (IV) Shimla, Exercising Powers under Employee s Compensation Act, 1923 whereby he dismissed the application preferred therebefore by the claimants whereby they had claimed compensation on occurrence of demise of their brother Raju in a motor vehicle accident involving vehicle No.HP-01A

138 Hon ble Mr. Rajiv Sharma and Hon ble Mr. Chander Bhusan Barowalia 228. Hon ble Mr. Tarlok Singh Chauhan and Hon ble Mr. Chander Bhusan Barowalia 229. Hon ble Mr. Mansoor Ahmad Mir, Chief and Hon ble Mr. Chander Bhusan Barowalia 230. Hon ble Mr. Chander Bhusan Barowalia 231. Hon ble Mr. Chander Bhusan Barowalia Cr. Appeal No. 390 of 2010 CWP No of 2016 CWP No of 2016 CMPMO No.111 of Cr.MP(M) No.760 of Ramesh Kumar vs. Shashi Bhushan & ors. Puran Chand Bhardwaj Vs. State of HP & ors. Gurbachan Singh vs. State of H.P. & Anr. Neeraj and ors. Vs Rajinder Kumar & Ors. Deepak Kumar vs. The State of H.P. whereon he stood engaged as a driver by respondent No.1. Conclusion: The appeal is partly allowed qua coappellant Reena. When other cases are pending against the accused of criminal nature, can he be granted the benefit of Probation of Offenders Act? Conclusion Held. No. When other cases are pending against the accused of criminal nature, he cannot be granted the benefit of Probation of Offenders Act. Whether putting a condition in the tendered documents with regard to minimum annual average turnover of the contractor and completion of minimum two similar works each of the amount not less than 30% of the estimated cost or one similar work of the amount not less than 50% to the estimated cost is arbitrary. Conclusion Held. No. The condition is not arbitrary. Whether the land owner who has received the money without protest can come for enhancement to the Court after a period of nine years without raising any objection earlier? Conclusion Held. No. It is an abuse of the process of law. When the construction was raised by the defendant after filing of the suit, is the suit maintainable and whether the application under Order 6 Rule 17 CPC for amendment of the plaint is required to be allowed? Conclusion Yes, as the cause of action arisen much after the filing of the suit. Whether the petitioner, who is behind the Bars in a case under Sections 302, 201 IPC can claim the bail on the ground only evidence against him is last seen together. The rule is bail not jail and he simply that no purpose will be served in keeping him behind the bars? Conclusion Held. No, as the petitioner is a Police official and is in a position to tamper with the prosecution evidence, bail cannot be granted

139 Hon ble Mr. Chander Bhusan Barowalia 233. Hon ble Mr. Chander Bhusan Barowalia 234. Hon ble Mr. Chander Bhusan Barowalia 235. Hon ble Mr. Chander Bhusan Barowalia Cr. Revision No.119 of 2009 CWP No.8705 of 2012 RSA No.402 of RSA No.10 of 2008 Paras Ram vs. Rakesh Kumar & anr. Dhanvir Singh vs. State of H.P. & ors. Som Dutt vs. Kamal Dev Ved Prakash vs. Jagdish Ram Whether the person issuing cheque can say that the cheque was issue and no goods were handed over against the cheque for the first time in the Court when petition under Section 138 of the Negotiable Instruments Act was presented against him? Conclusion No. The conduct of the accused shows that he had taken goods and sold them in Delhi market and so he is liable to be punished under Section 138 of the Negotiable Instruments Act. When the petitioner who maintained a petition under the Industrial Disputes Act, 1947 for reinstatement and has already attained the age of superannuation much earlier, what relief can be granted? Conclusion Held. In such cases, only compensation is the relief which can be granted to the petitioner. In the present case, compensation of Rs.3 lacs alongwith 12% interest has been awarded. Whether the Gift Deed can be said to be void when the donee is not in a near relation to the donor? Conclusion Held. No. In the circumstances of the case, the donor has a free will to make a gift deed of the property even to a third person. How to determine the rights of other coowners? Conclusion (a).a co-owner / co- sharer has an interest/ right in the whole property, i.e., in every inch of it. (b).possession of joint property by one coowner/co-sharer, is in the eye of law, possession of all even if all, except one are actually out of possession. (c).a mere occupation of a larger portion or even of an entire joint property by one cosharer/co-owner does not amount to ouster of the other, as the possession of one is deemed to be on behalf of all. This is subject to an exception when there is complete and conclusive ouster of a coowner/co-sharer by another, but in order to negative the presumption of joint possession on behalf of all, on the ground of such ouster, the possession of a coowner/co-sharer must not only be exclusive but also hostile to the knowledge of the

140 140 other, i.e., when a co-owner openly asserts his own title and denies that of the other. (d).lapse of time does not extinguish the right of the co-owner/co-sharer, who has been out of possession of the joint property, except in the event of abandonment. (e).every co-owner/co-sharer has a right to use the joint property in a husband like manner not inconsistent with similar rights of other co-owners/co-sharers. (f).where a co-owner/co-sharer is in possession of separate parcels under an arrangement/ consent by the other coowners/co-sharer, it is not open to any cosharer/ co-owner to disturb the arrangement without the consent of others, except by way of partition. (g).whenever there is severance of title and the parties have a long possession on the parcels of joint land, as far as possible the partition is required to be made in a manner that party in occupation, as far as possible, be adjusted in that portion or part of that. (h). Co-sharers/co-owners are expected to respect the right of others even when they are in settled possession on specific portion of the land in a manner that the easementary rights of the others are not obstructed. (i).the co-sharers/co-owners are required to respect the sentiments of each other to maintain peace among themselves. This is not only a legal, but a moral duty as well, which is required to be followed by the cosharers/co-owners and should be recognized as a right while adjudicating the rights of the parties, as the ultimate goal of the administration of justice is to maintain peace in the society, especially among the co-sharers/co-owners. (j)the eldest co-sharer/co-owner is duty bound to come forward and settle the dispute inter se any two or more cosharers/co-owners after mediating. This is not only his duty as a co-sharer/co-owner being elder, but also his moral duty to spare some time, experience, mental faculties and the respect he command to mediate dispute(s) among the cosharers/co-owners in order to achieve peace. The Courts can also make use of such process by taking help from the elder co-sharer/co-owner by asking him to mediate the matter, so that the peace is achieved among the co-shares/co-owners and ultimately in the society.

141 Hon ble Mr. Chander Bhusan Barowalia 237. Hon ble Mr. Chander Bhusan Barowalia 238. Hon ble Mr. Chander Bhusan Barowalia 239. Hon ble Mr. Chander Bhusan Barowalia 240. Hon ble Mr. Chander Bhusan Barowalia RSA No.404 of 2006 RSA No.150 of 2007 CWP No.4674 of 2014 RSA No.193 of 2008 RSA No.165 of 2007 Jaisi Ram vs. The State of H.P. Lalpur vs. Nandu State of HP vs. Shri Madan Singh Bhim Singh (since dead) through LRs & others vs. Statish Kumar & ors. Sh. T.P. Pandey Vs. Sh. Inder Singh Whether the conferment of the ownership rights on the village common land before coming into operation of the H.P. Village Common Land (Vesting & Utilization) Act, 1974 subsists after the coming into operation of the Act? Conclusion As the appellant has become owner by way of grant by the Deputy Commissioner, after depositing the compensation in the Government Treasury prior to the coming into operation of the H.P. Village Common Land (Vesting & Utilization) Act, 1974, the land of the appellant cannot vest in the State Government under the Act. Whether the Will can be proved without producing the original in the Court, when the same is in the possession of the beneficiary? Conclusion Held. No, without production of the original Will in the Court, when the same is in the possession of the beneficiary, the same cannot be proved. Whether there is limitation for invoking the Industrial Disputes Act for workmen? Conclusion There is no limitation for reference to the Labour Court under Section 10 of the Industrial Disputes Act, 1947, as the words are at any time in Section 10 of the Act. So the limitation does not apply for reference of the dispute to the Labour Court. In case change of the revenue entries in the settlement is not satisfactorily explained by the beneficiary, can the benefit be given to him on the basis of changed revenue entries? Conclusion Held. No. It is for the beneficiary claiming the benefit under the changed revenue entries in the settlement to show that the entries were changed for the reasons including that he was in possession. Whether the person writing a letter for inquiry without any basis is liable for the damages suffered by the person, who was enquired into? Conclusion Held. Yes, either the person writing a letter has to prove the factum of his basis writing

142 Hon ble Mr. Chander Bhusan Barowalia 242. Hon ble Mr. Chander Bhusan Barowalia 243. Hon ble Mr. Chander Bhusan Barowalia RSA 118 of 2006 RSA No.258 of 2006 RSA No.243 of 2006 Baba Jagtar Dass(deceased) through L.R. Bibi Karam Dass Cheli/daughter. Shiv Ram (since dead) through L.Rs. vs. Partap Singh (since dead) through LRs & others. Shri Kuldeep Kumar & anr. Vs. Shri Ishwari Parshad & others. the letter or he is liable to pay the damages suffered by the other party because of his act. Can a person claim the damages from the owner of the property simply on the allegations that he was having a right to put Tehbazari rights thereon, when the said right is also denied by the local authorities? Conclusion The owner of the property in such circumstances was right in putting the water tank at that place for a drinking water for the general public and the person claiming the Tehbazari rights, is not entitled for compensation. What are the requirements for claiming the tenancy? Conclusion The landlord was not in a position to show the payment of salary to the tenant for any month during the long tenure of 40 years nor there was any evidence to that effect and the proved fact that the person was using the land and pay the galla batai, proves the tenancy. Can Karta of a Hindu joint family alienate the land without legal necessity? Conclusion Held. The proposed action of the Karta is to debar his son and daughter from his marriage from inheriting the ancestral property when he has kept another lady as his wife in the lifetime of the mother of the son and daughter, the Karta cannot be allowed to alienate the property with the purpose of debarring the son and daughter from inheritance Sl. No. Coram Nature of the case with No. Landmark Decisions of Public Importance (w.e.f., to ) Title of the case Subject matter of the decision, in brief Date of decision Hon ble LPA No.169 Smt.Bakhshish Kaur Letters Patent Appeal was directed against Mr. of 2014 Sarkari vs. judgment and order made by the learned Mansoor Ahmed Mir, Chief Smt.Murtoo Devi and others Single Judge/Writ Court, whereby the writ petition came to be allowed and order of the and Hon ble Financial Commissioner (Appeals) was set Mr. Tarlok aside. The appellant and private Singh Chauhan, respondents were in litigation right from Judge. 15th May, 1993, which was outcome of the

143 143 entries made in the revenue record by the then revenue officials. The private respondents filed a suit in terms of the mandate of Section 58 (3) (e) of the H.P. Tenancy and Land Reforms Act, 1972 (for short "the Act") before the Assistant Collector 1st Grade-cum-Land Reforms Officer, Tehsil Kasauli, District Solan, H.P. against the appellant, which was decreed vide order, dated 3rd March, 1997 constraining the appellant to file appeal before the District Collector, Solan, alongwith an application for condonation of delay. The application for condonation of delay was dismissed and consequently, the appeal was dismissed as time barred vide order, dated 25th September, Feeling aggrieved, the appellant filed revision petition before the Financial Commissioner (Appeals), which was allowed on 18th October, 2005 and the orders made by the Assistant Collector and the District Collector came to be set aside. Being dissatisfied, the private respondents filed CWP No of 2005, which was allowed vide order, dated 30th November, 2007, order of the Financial Commissioner (Appeals) came to be quashed and set aside, the Financial Commissioner (Appeals) was directed to decide the revision afresh in accordance with law. Appellant questioned the judgment made by the Writ Court by the medium of LPA No. 4 of 2008, which came to be disposed of vide order, dated 4th April, 2008 with a direction to the Financial Commissioner (Appeals) to decide the revision petition within a period of six months. The Financial Commissioner (Appeals), allowed the revision petition, set aside the order of the District Collector and condoned the delay with a direction to the Collector to decide the appeal on merits after giving opportunity to both sides. The private respondents questioned the said order by the medium of CWP No of 2009, which came to be allowed and the order of the Financial Commissioner (Appeals) was set aside, hence the appeal. Held: The impugned judgment, on the face of it, is not in accordance with the law, rather, is aimed at to deprive the appellant an old lady from a remedy, which is her right, that too, before the revenue authorities. Accordingly, it was held that the Financial Commissioner (Appeals) had rightly set

144 Hon ble Mr. Mansoor Ahmed Mir, Chief and Hon ble Mr. Sandeep Sharma 3. Hon ble Mr. Mansoor Ahmed Mir, Chief and Hon ble Mr. Sandeep Sharma CWPIL No CWP No of of Court on its own motion vs. State of H.P. and others Valley Iron & Steel Company Ltd. vs. State of H.P. and others. aside the order made by the appellate authority, i.e. District Collector rejecting the limitation petition and directed it to decide the appeal on merits. On a letter/complaint, from Shri Javier Topo, father of eight years' old boy, namely Master Praveen Topo, the instant PIL came to be registered. Master Praveen Topo, was collecting logs alongside Sutlej River, but, unfortunately, he was swept away with the high flow of water, which was released by respondent No. 3-authorities and thereafter his body was not recovered. The Question before the Court was - Whether The Interim Compensation can be granted? The Introduction Of The Concept Of Grant Of Interim compensation based on no fault liability is outcome of the pronouncements of judgments made by the Apex Court. The purpose is to offer prompt financial relief to the sufferers. The niceties of law and facts have no role to play. It Is The duty of the Courts to make such interim orders which are required at the relevant point of time in view of the facts and circumstances of the case read with development of law from time to time. In Order To Achieve The Purpose Of Grant Of Interim Or final relief promptly and spurn any attempt at procrastination in view of the facts and circumstances of the case, which are crying for the same, the Courts should not succumb to niceties, technicalities and mystic maybes. In view of above interim compensation was granted in favour of the parents. The question for consideration was whether a bona fide auction purchaser has to obtain necessary permission in terms of Section 118 of the Act in order to have registration of the sale certificate? Held: (i) That in the given circumstances of the case, rigour of Section 118 of the Act is not applicable to the case in hand; (ii) That petitioner is the absolute owner of the property, subject matter of the lis; (iii) That the revenue record is not the proof of title, is just for collection of rent and will not change the status of the petitioner as owner of the said property in any way; (iv) That petitioner, being the absolute owner of the said property, is within its rights, power and competence to sell the property in favour of any Bonafide Himachali; (v) That the Registering Authority to register

145 Hon ble Mr. Mansoor Ahmed Mir, Chief and Hon ble Mr. Sandeep Sharma CWP No of 2016 & connected matters Bego Devi vs. State of H.P. and others the said sale deed without asking for any permission or registration of sale deed executed in favour of the petitioner as auction purchaser; (vi) That the Revenue authorities to attest the mutation in favour of Bonafide Himachali in terms of direction (iv) supra; (vii) That this order will not confer any rights upon the petitioner of being Bonafide Himachali. Writ petitioners were engaged by the respondents on daily wage basis in the years 1990, 1992, 1993, 1994, , 1998,1999, 2000, and Their services were orally terminated by the respondents without complying with the provisions of Section 25-G and F of the Industrial Disputes Act, 1947 somewhere in the years 1990, 1992, 1993, 1995, 1997, 1998, 1999, 2001 to 2004, 2007, 2011 and At the time of termination, the petitioners were assured by the respondents that they would be reemployed as and when work would be available, but the Department was stated to have appointed the junior persons than the petitioners, who were still continuing but the petitioners were not given appointment. The petitioners raised Demand/industrial disputes against their termination somewhere in the years 2005 to 2012, in their respective petitions, before the Labour Commissioner for referring the matter to the State Industrial Tribunal-cum-Labour Court, for short 'the Industrial Tribunal', but the Labour Commissioner refused to refer the matter to the Industrial Tribunal for the reason that there was inordinate delay in raising the disputes. Hence the writ petitions. Held: The petitioners had made applications for making references after a considerable delay, after noticing the judgment made by the apex Court read with the judgments made by this Court. The petitioners, being fencers, made an attempt for making references. The State had made the references perhaps in terms of the judgments made by this Court. The latest judgment reported in JT 2015 (9) SC 329 was not in place at that time. Accordingly, the writ petitions were dismissed Hon ble Mr. Mansoor Ahmed Mir, Chief and Hon ble LPA No.210 of 2015 And Mumtaz Ahmad vs. State of H.P. and others The question to be determined was - Whether Regular First Appeal or Civil Revision or petition under Article 227 of the Constitution of

146 146 Mr. Sandeep Sharma connected matters India would lie against the order passed by the Wakf Tribunal. Held that only Civil Revision would lie against the order passed by the Wakf Tribunal. 6. Hon ble Mr. Mansoor Ahmed Mir, Chief and Hon ble Mr. Sandeep Sharma 7. Hon ble Mr. Mansoor Ahmad Mir, Chief LPA 184 of 2007 FAO No.18 of 2012 Charan Dass (deceased) through LRs vs. Subhadhra Devi and others The New India Assurance Co. vs. Kishwari and others Following questions arose for determination: (i) Whether the Financial Commissioner (Appeals), while hearing the second revision, was within its limits and competence to upset the concurrent findings of facts recorded by the revenue agencies including the appellate authority and confirmed by the first revisional authority? (ii) Whether the Financial Commissioner (Appeals) was within its jurisdiction to accept and grant the application, dated 31st January, 1987, which was highly belated? (iii) Whether the Financial Commissioner (Appeals) was within its rights and power to direct the revenue authorities to change the entries in the revenue record made in terms of the mutation in the year 1970, came to be reflected and recorded in the record of rights? Held: The predecessor in interest of the appellants/writ respondent No. 2, under the garb of the proceedings right from the year 1987, dragged the respondents No. 1 to 4 herein in the lis without any fault on their part. The predecessor in interest of the appellants/writ respondent No. 2 wanted to have rectification in order to record his possession over the portion of land, which was not in his possession and virtually, wanted the change of misal haqiat, record of rights and jamabandies, which cannot be done merely by making application and the remedy was before the Civil Court, as discussed hereinabove. More so, if such a belated application was allowed, that would have an effect of taking away the settings of law, which had attained finality. All the questions were answered accordingly and the appeal was dismissed with costs of Rs.20,000/-. The premium was paid by cheque, had bounced and the insurer has taken all steps as per the mandate of the Motor Vehicles Act, and intimation was given to the insured about the bouncing of the cheque in terms of the mandate of law. Who was to be held

147 147 liable. Held: The policy of insurance issued by an authorized insurer on receipt of cheque towards payment of premium and such cheque is returned dishonoured, the liability of authorized insurer to indemnify third parties in respect of the liability which that policy covered subsists and it has to satisfy award of compensation by reason of the provisions of Sections 147(5) and 149(1) of the M.V. Act unless the policy of insurance is cancelled by the authorized insurer and intimation of such cancellation has reached the insured before the accident. 8. Hon ble Mr. Mansoor Ahmad Mir, Chief 9. Hon ble Mr. Mansoor Ahmad Mir, Chief 10. Hon ble Mr. Mansoor Ahmad Mir, Chief FAO No.126 of 2015 FAO No.4 of 2012 FAO No.29 of 2011 Kishori Lal vs. Tulsi Ram and others OIC vs. Daljit Kaur and others OIC vs. Brahmi and others The claimant-injured filed appeal for enhancement, Held: Compensation in injury cases has to be granted in view of the disability suffered, pain and sufferings undergone and to undergo, loss of amenities of life, future medical treatment, attendant charges, medical expenses incurred etc. The question before the Court was - what was contributory negligence? Held: When two drivers have not taken due care and caution while driving their respective vehicles and have contributed in causing the accident, is contributory negligence. Further held that in claim petitions, the standard of proof is on different footings as compared to the standard of proof required in criminal cases. In a claim petition, only prima facie proof is required and strict pleadings and proofs are not required. Following points were before the court for determination: (i) Whether the legal representatives/heirs of deceased Desh Raj, who was driving the offending vehicle at the relevant point of time and caused the accident, can file a claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short "MV Act") for grant of compensation? and (ii) Whether the claim petition was maintainable? Held: The deceased was himself driving the offending vehicle at the time of the accident. The legal representatives of the deceased have not taken plea of rash and negligent driving for the reasons best known to them, which, is sine qua non for maintaining claim petition under Section 166 of the MV Act. Hence the claim petition under Section 166 of the MV Act was not maintainable

148 148 Further held - Had the claimants filed the claim petition under Section 163A of the MV Act, then rashness and negligence was not required to be proved. The claimants were only required to prove that the death was outcome of the use of the motor vehicle. The claimants have not filed the claim petition under Section 163A of the MV Act. The Tribunal or the Appellate Court can treat the claim petition, filed under Section 166 of the MV Act, as a claim petition filed under Section 163A of the MV Act. However, keeping in view the income of the deceased, in the instant case, the petition under Section 163A was also not held maintainable. Both the points were answered accordingly. 11. Hon ble Mr. Sanjay Karol Hon ble Mr. Ajay Mohan Goel Cr.Appeal No.441 of 2009 a/w connected appeals. Sanjeev Kumar Vs. State of H.P. Appeals against conviction under Section 307 IPC as also by the State for enhancement dismissed Hon ble Mr. Sanjay Karol Hon ble Mr. Ajay Mohan Goel Cr.Appeal No.24/2015 a/w connected appeals Wakar Chaudhary Vs. State of H.P. Appeals against conviction u/s 302, 396 read with section 120-B IPC and Section of the Arms Act, 1959 allowed and all the accused acquitted of the charged offences Hon ble Mr. Sanjay Karol Hon ble Mr. Vivek Singh Thakur Cr.Appeal No.331/201 2 State of H.P. Vs. Satnam Singh & another Appeal against acquittal of the accused, who stand charged for having committed offences u/s 458 and 302 read with Section 34 IPC, dismissed Hon ble Mr. Sanjay Karol Hon ble Mr. Vivek Singh Thakur Cr.Appeal No.134/201 4 State of H.P. Vs. Rajesh Singh Appeal against acquittal of accused for having committed an offence punishable u/s 302 IPC dismissed Hon ble Mr. Sanjay Karol Hon ble Mr. P.S. Rana Cr.Appeal No.305/201 4 Sohan Lal Vs. State of H.P. Appeal against conviction u/s 20 of NDPS Act dismissed

149 Hon ble Mr. Sanjay Karol Hon ble Mr. Ajay Mohan Goel Cr.Revision Petition No.106/201 3 State of H.P. Vs. Vicky Appeal against acquittal u/s 302 read with Section 34 IPC dismissed Hon ble Mr. Sanjay Karol Hon ble Mr. Ajay Mohan Goel Cr.Appeal No.478/200 8 State of H.P. Vs. Nanha Appeal against acquittal u/s 376 IPC allowed and accused convicted and sentenced Hon ble Mr. Sanjay Karol Hon ble Mr. Ajay Mohan Goel Cr.Appeal No.4186/20 13 State of H.P. Vs. Narender Kumar Appeal against acquittal u/s 302 and 201 IPC dismissed Hon ble Mr. Sanjay Karol Hon ble Mr. Vivek Singh Thakur 20. Hon ble Mr. Sanjay Karol Hon ble Mr. Vivek Singh Thakur 21. Hon ble Mr. Sanjay Karol 22. Hon ble Mr. Sanjay Karol CWP No. 3072/2016 a/w connected writ petitions. CWP No.3077/20 16 a/w connected writ petition. Cr.Appeal No.502/200 5 CR No. 92/2016 Shri Virbhadra Singh Vs. Deputy Commissioner, Circle Shimla, Income Tax Office & others Smt. Pratibha Singh Vs. Deputy Commissioner, Circle Shimla, Income Tax Office & others Ajay Kumar Vs. State of H.P. Sahi Ram Arya and another Vs. Sushil Bansal Petitions filed by the petitioners dismissed. They challenged the impugned notice dated (Annexure P-2) and order dated (Annexure P-5), whereby proceedings for assessment stand initiated by the Revenue under the provisions of the Income Tax Act, Petitions filed by the petitioners dismissed. They challenged the impugned notice dated (Annexure P-2) and order dated (Annexure P-6), whereby proceedings for assessment stand initiated by the Revenue under the provisions of the Income Tax Act, Appeal against conviction u/s 306 and 498-A IPC allowed and all the accused stand acquitted of the charged offences. Civil Revision against the order passed by the District Judge allowed. Issue essentially pertains to boundary of the premises owned by the parties to the lis. Vide judgment dated , plaintiffs suit came to be decreed in affirmative. Defendants assailed the same, however, there was delay of 80 days, and an application u/s 5 of Limitation Act, seeking condonation of delay came to be filed, which stands dismissed by the District Judge, despite having jurisdiction to condone the

150 Hon ble Mr. Sanjay Karol 24. Hon ble Mr. Sanjay Karol 25. Hon ble Mr. Sanjay Karol 26. Hon ble Mr. Sanjay Karol 27. Hon ble Mr. Sanjay Karol 28. Hon ble Mr. Sanjay Karol Cr.Appeal No.384/201 2 FAO No.406/201 4 CMPMO No.378/201 2 CWP No. 3503/2015 RFA No. 325/2010 RFA No.296/201 2 Pavinder Singh Vs. State of H.P. Sh.Ranjeet Singh Vs. Sh.Prithvi Singh & others Piar Chand Vs. Deepika & others. Balwant Singh & others Vs. State of Himachal Pradesh & others NTPC Limited Vs. Sh. Amar Singh & another NTPC Ltd. Kol Dam Vs. Balam Singh & another delay. Appeal against conviction u/s 420 IPC and Section 13(d)(ii) of Prevention of Corruption Act, 1988 allowed and accused acquitted. Appeal against judgment dated allowed. Dispute pertains to inheritance of the Estate of Sunder Singh, resulted into the parties litigating amongst themselves. Matter remanded back to the Lower Appellate Court with a direction to consider and decide the appeal on the basis of material already on record. Petition filed by the petitioner dismissed. Issue pertains to only placing on record date of birth certificate of defendant No.3. The petitioner initially filed a suit challenging the revenue entries recorded to the contrary in favour of defendants No.1 to 3 to be null and void as also entry of date of birth of defendant No.3, in the record maintained by the School, to be illegal. In the petition filed before this Court, plaintiff failed to establish as to why such document never came to be filed in the Court alongwith the plaint. Petition filed by the petitioners allowed with a direction to the respondents to initiate proceedings for acquisition of land, in terms of communications dated (Annexure P-1), dated (Annexure P-4) and dated (Annexure P-5). Matter pertains to the construction of Jhiknipul Bhamta road, under PMGSY. Appeal against the award passed by the District Judge dismissed, whereby he has re-determined the market value of the entire acquired land, irrespective of its category/classification by uniformly awarding a sum of Rs.5 lacs per bigha. Appeal against the award passed by the Additional District Judge dismissed, whereby he has re-determined the market value of the entire acquired land, by awarding a sum of Rs.6,08,980/- per bigha, the highest rate awarded by the Collector Land Acquisition with respect to best quality

151 Hon ble Mr. Sanjay Karol 30. Hon ble Mr. Sanjay Karol 31. Hon ble Mr. Dharam Chand Chaudhary, J. 32. Hon ble Mr. Dharam Chand Chaudhary, J. RFA No. 118/2014 RFA No. 481 of 2012 a/w connected appeals. FAO 450 of 2009 Cr. MMO No.38 of 2016 NTPC Ltd. (Kol Dam) Vs. Sukh Ram & others. NTPC Limited, Kol Dam Vs. Shri Krishan Chand Sharma & others Manoj Kumar Vs. Khel Chand Negi and another Bhavak Parasher Vs. State of H.P. and another of land. Significantly, the Reference Court has not enhanced any amount other than uniformly applying the said rate with respect to entire bighas of land, acquired for public purpose i.e. construction of Kol Dam. Appeal against the award passed by the Additional District Judge dismissed, whereby he has re-determined the market value of the entire acquired land, by awarding a sum of Rs.4,69,955/- per bigha, the highest rate awarded by the Collector Land Acquisition with respect to best quality of land. Significantly, the Reference Court has not enhanced any amount other than uniformly applying the said rate with respect to entire 29-0 bighas of land, acquired for public purpose i.e. construction of Kol Dam. Various appeals filed by the claimants as also beneficiary against various awards passed by the Reference Court. Appeals filed by the beneficiary are dismissed and that of the claimants insofar as their claims restricted to Rs.4.5 lacs is concerned, are allowed. This Court further clarified that the market value of the acquired land stands re-determined at Rs.4.5 lacs per bigha, regardless of its classification and category. This is with respect to the claimants before this Court. Liability of Insurance Company-to make good liability arising under Workmen s Compensation Actextends to payment of principal amount of compensation computed by the Commissioner and interest levied under Section in terms of Section 4- A(3)(b) of the Act. Held at the time of taking cognizance against the person who is not an accused, the Court has to see as to whether a prima-facie case is made out to array such person as accused. The only test is the existence of primafacie case against such person, of course the degree of satisfaction of the Court must be higher i.e. if the evidence appears against such person goes un rebutted, would lead to his conviction. Further held Section 319 of the Code, also confers such powers

152 Hon ble Mr. Dharam Chand Chaudhary, J. 34. Hon ble Mr. Dharam Chand Chaudhary, J. 35. Hon ble Mr. Dharam Chand Chaudhary 36. Hon ble Mr. Dharam Chand Chaudhary, J. 37. Hon ble Mr. Dharam Chand Chaudhary, J. Cr. Appeal No.172 of 2012 Cr. Appeal No.181 of FAO(HMA) No.516 of 2008 FAO(HMA) No.138 of 2010 Cr.MMO No.149 of 2016 State of HP Vs. Bhupinder Kumar and another. (DB Matter) Arun Kumar Vs. State of H.P. (DB Matter) Bhagat Ram Vs. Kanta Devi Kubja Devi Vs. Ishwar Dass Dr. Manish Sharma Vs. State of HP and others. While discussing the scope of Section 306 IPC, it is observed that abetment involves a mental process of instigating a person or intentionally aiding that person in doing of an act. In a case of conspiracy also, it would involve that mental process of entering into conspiracy of the doing of that act. More acting role which can be described as instigating or aiding the doing of an act, is required before a person can be said to be abetting the commission of offence under S-306 IPC. Further Held- Cruelty for the purpose of Section 498A IPC is to be established in the context of Section 498-A IPC, as it may be different from other statutory provisions. Causing mental torture to the extent that it becomes unbearable may be termed as cruelty. Held-Section 50 of the NDPS Act applies only in a case where the personal search of the accused is required to be conducted for the recovery of incriminating substance, if any, from him. It cannot be extended to the search of a vehicle or container or bag or premises. Further held that the witness who makes a false statement intentionally with a view to screen the evidence and to save the accused, is liable to be dealt with in accordance with law and Section 340 Cr. PC takes care of such a situation. Pendency of complaint is not sufficient to arrive at a conclusion that the husband is not living with the wife as the same has no bearing for disposal of present proceedings. Held-neither the provisions of Section 11 of the Code of Civil Procedure nor the principles of res judicata will bar a suit for maintenance on an enhanced rate for a different period under altered circumstances. In this case, the accused-respondent prima-facie appeared to have misappropriated certain amount. Hence, direction was issued to the respondent-accused to deposit the misappropriated amount in the Court within four weeks, failing which bail already granted in her favour shall

153 153 stand cancelled and in that event the Investigating Agency shall have the right to arrest her. 38. Hon ble Mr. Dharam Chand Chaudhary 39. Hon ble Mr. Dharam Chand Chaudhary 40. Hon ble Mr. Dharam Chand Chaudhary 41. Hon ble Mr. Dharam Chand Chaudhary, J. 42. Hon ble Mr. Dharam Chand Chaudhary, J. 43. Hon ble Mr. Dharam CMPMO No.210 of 2016 Cr. Appeal No.272 of 2014 Civil Suit No.13 of 1997 Cr. Appeal No.538 of 2012 Cr. Appeal No.339 of 2007 Cr. Appeal No.521 of Jaagdish Raj and another Vs. Smt. Dhali Devi State of H.P. Vs. Paramjeet (DB matter) Rajinder Kumar Verma Vs. Anita Verma and others. State of H.P. Vs. Vijay Kumar. (DB matter) State of H.P. vs. Mohinder Singh State of H.P. versus Desh Raj (DB No doubt a party to the lis can be allowed to produce additional evidence, however, before the commencement of trial. The proviso to order 41 Rule 27 provides for seeking such permission even after the commencement of trial, but before allowing the application, the Court seized of the matter should record its satisfaction that the party seeking permission to produce additional evidence, failed to do so at an appropriate stage despite due diligence. Held- While determining the age of a person radiologically, margin of two years on either side is always there. The benefit of such margin, as per the settled legal principles, always is available to the accused and not the prosecution. Further held that in a case where the identity of the accused is not at all proved, he cannot be said to have committed the offence in the manner, as claimed by the prosecution. Held that one person cannot be allowed to hamper proceedings in the suit, that too without any justifiable cause therefor, particularly when the approach of such person has been non-cooperative throughout during the course of proceedings in the suit. Where the prosecution has failed to prove beyond all reasonable doubt that the prosecutrix was kidnapped by the accused from her lawful guardianship without the consent of her parents and that she was subjected to sexual intercourse without her consent and against her will, there is no question of her wrongful confinement and the accused deserves acquittal. Where the prosecution evidence is self contradictory and there is no proof qua rashness and negligence on the part of the accused, he is entitled to acquittal. While discussing the scope of Section 306 IPC, it is observed that abetment

154 Chand Chaudhary, J. 44. Hon ble Mr. Dharam Chand Chaudhary, J. 45. Hon ble Mr. Dharam Chand Chaudhary, J. 46. Hon ble Mr. Dharam Chand matter) involves a mental process of instigating a person or intentionally aiding that person in doing of an act. In case of conspiracy also, it would involve that mental process of entering into conspiracy of the doing of that act. More acting role which can be described as instigating or aiding the doing of an act, is required before a person can be said to be abetting the commission of offence under S-306 IPC. Further Held- Cruelty for the purpose of Section 498A IPC is to be established in the context of Section 498-A IPC, as it may be different from other statutory provisions. Causing mental torture to the extent that it becomes unbearable may be terms as cruelty. Further held that in the case of suicidal death the onus to prove that suicide was abetted by the accused along is on the prosecution and to raise the presumption under Section 113-A of the Evidence Act, one of the ingredients that the deceased was subjected to cruelty, is required to be proved first by the prosecution. Cr. Appeal No.294 of 2014 Cr. Appeal No.567 of 2000 with Cr. Appeal 35 f 2001 & Cr. Revision No.155 of Arb. Case No.70 of 2015 State of H.P. versus Rajeev Kumar & Others (DB matter) Anil Katoch & another versus State of H.P. and connected matters (DB matters) Mansarovar Infratech Pvt. Ltd. Versus Neftogaz Held that there being no evidence qua the mark of violence on the body of prosecutrix, it cannot be believed that she was assaulted sexually against her will and without her consent, particularly when from her conduct as is apparent from her testimony itself demonstrates that she was consenting party to her elopement with the accused. Held Where the identity of the accused is not proved beyond all reasonable doubt, he cannot be held guilty and in the criminal administration of justice the finding of conviction can only be based against him on cogent, reliable and clinching evidence. Further Where the scientific officer, who prepared the report has not been examined, his report is not admissible in evidence being hit by Section 293 Cr.P.C. Held that only those parties can be referred to Arbitration, between whom there exists an arbitration agreement

155 155 Chaudhary, J. 47. Hon ble Mr. Dharam Chand Chaudhary, J. 48. Hon ble Mr. Dharam Chand Chaudhary, J. 49. Hon ble Mr. Dharam Chand Chaudhary, J. 50. Hon ble Mr. Dharam Chand Chaudhary, J. 51. Hon ble Mr. Dharam Chand Chaudhary, J. Cr.MMO No.353 of 2015 CMP(M) R. No.284 of 2015 Cr. Appeal No.31 of 2010 FAO No.118 of 2008 Cr.MMO No.163 of 2009 India Pvt. Ltd. & Others Nishu Vs. State of H.P. Union of India versus Vivek Bhardwaj & Another Dinesh Chander Sharma vs. Swaran Singh & Others Oriental Insurance Co. vs. Kushla Devi & Others Neeraj Naiyar & Others vs. State of H.P. & Another and one of such party to such agreement personally or any person claiming through or under him may apply for appointment of arbitrator, however, not later than the date of submitting his first statement on substance of disputes. Held that no order regarding cancellation of FIR, reserving the liberty to the complainant to file private complaint, could have been passed by the trial Court in view of the registration of the FIR in the matter because in view of the cancellation of FIR any criminal complaint filed afresh would amount to abuse of process of the Court. Held that in the cases where the State Government/ Central Government is party, in the matter of condonation of delay, a pragmatic approach of the matter should be taken, however, where sufficient cause has not at all been shown, as to why the matter remained held up for a considerable time, the delay cannot be condoned. Held that the sentence should be in conformity with the atrocity and brutality with which the crime has been committed and the inadequate sentence would do more harm. Further held that while determining the quantum of sentence against a convict, magnitude of the crime committed, gravity and heinousness thereof as well as the manner in which it is committed, should be taken into consideration. Held that no person can drive a vehicle in any public place unless he holds an effective driving licence issued by the competent authority. Similarly, no person can drive a transport vehicle unless and until the driving licence he holds entitles him to do so. Further held that where there is breech of the contract of insurance, no liability could be fastened upon the insurer. Held that in view of the dispute, civil in nature, allowing the criminal proceedings to go on further against the accused petitioner would amount to abuse of process of law, particularly

156 Hon ble Mr. Dharam Chand Chaudhary, J. 53. Hon ble Mr. Dharam Chand Chaudhary, J. 54. Hon ble Mr. Dharam Chand Chaudhary, J. 55. Hon ble Mr. Dharam Chand Chaudhary, J. CMPMO No.216 of 2015 Cr. Appeal No.362 of 2010 Cr. Appeal No.69 of 2007 Cr. MMO No.203 of 2015 Ram Krishan Sharma vs. Jagmohan Dutt Sharma & Others State of H.P. versus Krishna (DB matter) Punnu Ram & Others State of H.P. Mohammad Tarik & Anr. Versus Sardar Jaspal Singh when the ingredients of the commission of the offence allegedly committed are not established. Held that it is always permissible for a court to direct the party for holding of DNA examination to determine the veracity of the allegations, which constitutes one of the grounds on which the concerned party would either succeeds or loose and also that if the direction to hold such a test can be avoided, the court should avoid to do so. Held that the testimony of the official witnesses can always be relied upon, however, before doing so, their testimony needs to be closely scrutinized with all circumspection and caution. Further that the degree of proof in a case of this nature should be high because there is provision of deterrent punishment against an offender, if otherwise held guilty after holding full trial. Held that where there are inconsistencies and contradictions in the prosecution evidence no finding of conviction could be recorded against the accused person. Further held that where on the scrutiny of the evidence, two views emerge on record, as per the settled legal principles in the criminal administration of justice, the view favouring the accused has to be accepted and benefit of doubt given to him. Held that the pendency of the civil litigation cannot be treated a bar in the matter of deciding the proceedings under Section 145 Cr.P.C. by the magistrate for the reason that the executive magistrate has only to determine from the material available on record as to which party is in actual possession of the disputed shop and such question can be decided notwithstanding the pendency of civil litigation between the parties in the Civil Court Hon ble Mr. Dharam Cr. Appeal No.370 of State of H.P. vs. Sudesh Held that Section 299 of Cr.P.C. does not bar the prosecution to recall the

157 157 Chand Chaudhary, J. 57. Hon ble Mr. Dharam Chand Chaudhary 58. Hon ble Mr. Dharam Chand Chaudhary, J with Cr. Appeal No. FAO (WCA) No.483 of 2007 Cr.MMO No. 153 of 2016 Pinku and connected matter (DB matter). Oriental Insurance Co. Ltd. Vs. Hima Vati and others. Dushyant Kumar Vs. State of H.P. witnesses for examination at a later stage, when the proclaimed offender surrenders and he is tried, of course, if the witnesses are alive and not incapable of making statement. Further held that the delay of the day or so occurred in reporting the matter to the police, if satisfactorily explained cannot be termed as inordinate or fatal to the prosecution case. Further held that the own testimony of the prosecutrix, her post incident conduct and movements is sufficient to substantiate the prosecution case that she was subjected to sexual intercourse by the accused without her consent and against her will particularly when nothing material lending support to the defence of the accused could be elicited from her lengthy cross examination. Held that when there is no documentary proof the sole testimony of the insured qua engagement of a person as driver on payment of salary is sufficient to conclude that the deceased was a workman and died during the course of employment. Further held that the provisions of CPC and the Evidence Act are not strictly applicable in the proceedings before the Commissioner under the Workmen s Compensation Act as the Act is a piece of beneficial legislation to be construed liberally to impart substantial justice to the dependents of the victims of an accident and in a case of personal injury to the injured workman. Observed that inherent jurisdiction under Section -482 of the Cr.P.C. the High Court has to be fully satisfied, that the material produced by the accused is such, that would lead to the conclusion, that his/their defence is based on sound, reasonable, and indubitable facts; the material produced is such, as would rule out and displace the assertions contained in the charges levelled against the accused; and the material produced is such, as would clearly reject and overrule the veracity of the allegations contained in the accusations levelled

158 158 by the prosecution/complainant. It should be sufficient to rule out, reject and discard the accusations levelled by the prosecution/complainant, without the necessity of recording any evidence. For this the material relied upon by the defence should not have been refuted, or alternatively, cannot be justifiably refuted, being material of sterling and impeccable quality. The material relied upon by the accused should be such, as would persuade a reasonable person to dismiss and condemn the actual basis of the accusations as false. In such a situation, the judicial conscience of the High Court would persuade it to exercise its power under Section 482 of the Cr.P.C. to quash such criminal proceedings, for that would prevent abuse of process of the Court, and secure the ends of justice. 59. Hon ble Mr. Dharam Chand Chaudhary, J. 60. Hon ble Mr. Dharam Chand Chaudhary, J. RSA No.195 of 2003 Cr. Appeal No.292 of Kanshi Ram versus Roop Lal & another State of H.P. versus Labh Singh (DB matter) Held that in view of there being specific provision in the tenancy Act neither general law of succession could have been made applicable in the matter of succession of tenancy right over the suit land nor any settlement contrary to the provisions under the Act was legally permissible. Held that in order to bring guilt home to the accused for the commission of an offence punishable under Sections 498-A and 306 IPC evidence to coerce the deceased to convince her parents to meet dowry demand of her husband or his relative and that it is due to such wilful conduct of the accused which had driven the deceased to commit suicide is required to be proved by the prosecution. Further held that in order to bring guilt home to the accused in a case of this nature approximate link between harassment and cruelty in connection with demand of dowry and death of victim resulting out of it should be pleaded and proved In this case, although the accused has been acquitted yet notice has been ordered to be issued to PW-6 Dr. Rajinder Kohli and PW-9 I.O. of the

159 Hon ble Mr. Tarlok Singh Chauhan CWP No of 2014 Sunish Aggarwal vs State of H.P. and another. case to show cause as to why they should not be prosecuted under the penal law of the land for their act of omission and why a direction be not issued to their appointing/ disciplinary authority to initiate departmental action against them for imposition of penalty. This writ petition had been filed against the decisions/order/notification dated , and taken by the Administrative Committee of three Hon ble Judges, Hon ble Full Court and State government, respectively, whereby the petitioner during his probation period was ordered to be discharged from service. The writ petition was dismissed as the order of discharge was found to be simpliciter and not punitive in nature and it was observed that where the Full Court of the High Court recommends any particular action on the administrative side, the High Court on the judicial side has to exercise great caution and circumspection in setting aside that order because it is a complement of all the High Court Judges, who act on their collective wisdom. In the very nature of things it would be difficult, nearing almost an impossibility to subject such exercise undertaken by the Full Court, to judicial review except in an extraordinary case when the Court is

160 160 convinced that some monstrous thing which ought not to have taken place has really happened and not merely because there could be another possible view or someone has some grievance about the exercise undertaken by the Committee/Full Court. 62. Hon ble Mr. Tarlok Singh Chauhan CWP No.7699 of 2014 Kalawati vs State of H.P. The grievance as portrayed in the petition is that Public Works Department has forcibly constructed a road through the land of the petitioner thereby damaging the apple trees standing thereupon. In addition to this, huge quantity of debris has been illegally and unauthorizedly dumped over her land rendering it complerely unfit for further cultivarion. Prayer was made to protect the life and property of the petitioner and also to take appropriate action against the culprits on the xomplaints and FIR lodged with it at the earliest. To determine the question as to whether the petitioner has in fact been deprived of the property pther than by due process of law, it appears that the petitionr s own house is not in order, as it has come on record that her two sons, who are alsi co-owners of property, had gifted some part of the property in favour of the Public Works Department and this fact has been

161 161 disclosed by the petitioner anywhere in the process cannot beome an instrument of oppression or abuse or a means in the process of Court to subvert justice for the reasons that the Cuorts exercise juridictiun only in furtherance of justice. The interest of justice and public interest coalesce and therefore, they are very often one and the same. The petition was dismissed. 63. Hon ble Mr. Tarlok Singh Chauhan CWP No of 2015 Santosh vs State of H.P. The petitioner challenged the selection of respondent No.6 to the post of Language Teacher (TGT) through SMC on period basis in Government High School, Nehar Swar, District Sirmaur, on the ground that the same is an outcome of favouritism as private respondent No.6 has been awarded unduly high marks in vivavoce/interview to ensure her selection, whereas, the petitioner has been awarded disastrously low marks making it impossible for her to bridge the difference so as to get selected. Undoubtedly, interview is one of the best modes of assessing the suitability of a candidate for a particular position. While, the written examination will testify the candidate s academic knowledge, the oral test alone can bring out and disclose his overall intellectual and personal qualities like alertness, resourcefulness, dependability, capacity for discussion,

162 162 ability to take decisions, qualities of leadership, dependableness, cooperativeness, capacity for clear and logical presentation, effectiveness in meeting and dealing with others, adaptability, ability to lead intellectual and moral integrity etc. from the marks awarded by the members of the committee, it appeared that the entire process of selection was nothing, but a farce and clear eye-wash to appoint respondent No.6, by hook or crook. The petitioner ordered to be appointed by allowed the petition. 64. Hon ble Mr. Mansoor Ahmed Mir, Chief and Hon ble Mr. Tarlok Singh Chauhan CWP No.5584 of 2012 M/s Dev Bhumi Industries vs. The Commission of Income Tax and others The petitioner firm filed the writ petition to the effect that despite its having been closed down its business with effect from , the respondent No.1 without following the procedure laid down under Section 127(1) & 4 of the Income Tax Act, 1961, (for short Act ) has illegally vide order dated 18/ transferred the case of the petitioner firm from ITO, Parwanoo to ITO, Una and thereafter respondent No.2 has illegally passed the assessment order dated making an ex parte assessment of Rs. 4,82,565/-. The moot question is whether the petitioner firm can maintain a petition under Article 226 of the Constitution of India for the reliefs for which it has already availed the alternate remedy by filing the appeal, as the merits of

163 163 the case can only be gone into by this Court after it holds the petition to be legally maintainable. Where the parties have more than one remedy available, they have to elect or select one of the remedies. In case, if the party is allowed to select multiple remedies in multiple Forums and Courts, there will obviously be multiplicity of litigation and there is every chance and likelihood that the judgments and/or orders may also be conflicting with each other. The writ petition was dismissed. 65. Hon ble Mr. Tarlok Singh Chauhan CWP No of 2008 Som Nath vs. Handoor Education Society The petitioner was appointed as a Driver with the respondent in the year However, his services came to be terminated on The petitioner approached the Conciliation Officer and upon failure of conciliation, the matter was referred to the Industrial Tribunal, after reference in this regard was made by the appropriate Government. The Industrial Tribunal, on the basis of the pleadings and evidence led by the parties, dismissed the reference. The petitioner had been working as a Driver in a School where strict discipline has to be maintained by all concerned including the Teachers, Staff, Class-IV employees including

164 164 Drivers. No one can be permitted to vitiate the atmosphere of the School, that too, by rank insubordination. Encouraging the petitioner and reinstating him in service would virtually amount to subverting discipline, which in a given facts and circumstances of the case, is impermissible. The petition was dismissed. 66. Hon ble Mr. Mansoor Ahmed Mir, Chief and Hon ble Mr. Tarlok Singh Chauhan CWP No.2159 of 2016 Shiv Singh and others vs. State of H.P. The petitioner filed seeking direction against the respondents to construct the link road from Saur-Ruhil Dhar via Guttu and not via Kuper as is proposed in the notifications dated and issued for some other land under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 2013 Act) and have further sought quashment of such notifications. The moot question that arises for consideration is as to whether the respondents can in the larger public interest be permitted to deviate from its policy. It is not for the Court to sit in appeal and examine correctness of decision taken by the respondents, more particularly, when the same has not been shown to be unfair, arbitrary or against any statutory or non-statutory

165 165 policy or tainted with malafide intent. It is trite law that the power of judicial review under Article 226 of the Constitution of India is not directed against the decision but is confined to the decision making process. The judicial review is not an appeal from a decision, but a review of the manner in which the decision is made and the Court sits in judgment only on the correctness of the decision making process and not on the correctness of the decision itself. The Court confines itself to the question of legality and is only concerned with, whether the decision making authority exceeded its power, committed an error of law, committed a breach of the rules of natural justice, reached an unreasonable decision or abused its powers. The petition was dismissed. 67. Hon ble Mr. Mansoor Ahmad Mir, Chief and Hon ble Mr. Tarlok Singh Chauhan CMP No. 2040/2016 in CWP No. 529 of 2015 and connected CMPs Manav Kalyan Sanstha vs State of H.P. and others The petitioner/applicant moved an application for producing on record additional documents, which according to it were necessary for just and proper decision of the case and the applicant/respondent No.8 also filed an application for vacation of the interim orders in the so called public interest. Conclusion:- The petitioner has not even remotely pleaded any violation of any statutory or non-statutory provisions and most

166 166 of the pleas raised by it are far too general and more in the realm of speculation. Whereas, on the other hand, the specific case of the respondents, more particularly, respondent No.8 is that it had already obtained statutory and non-statutory clearances, NOCs and other requisite documents which are essential for making the Unit functional. That apart, we find that the NOC granted by the Pollution Control Board is subject to as many as 33 conditions and we see no reason that in case respondent No.8 violates or chooses not to comply with any of these conditions, it would definitely invite action as permissible under the law. The application moved by applicant respondent No.8 was allowed and the interim order was vacated. 68. Hon ble Mr. Mansoor Ahmad Mir, Chief and Hon ble Mr. Tarlok Singh Chauhan CMP No of 2016 in CWP No of 2016 Asha Ram and another vs. State of H.P. : The petitioner has filed the writ petition to quash the notification dated in so far it relates to the opening of the Government Decree College, Jandaur, District Kangra, H.P on the ground that the same was arbitrary and irrational and taken with a view to frustrate the decision rendered by this Court on passed by the Hon ble Supreme Court in SLP (CC) No of It is within the complete domain of the

167 167 State to select a site for construction of college which decision obviously would be taken after taking into consideration various factors in mind. The Court has very limited jurisdiction to interfere with such policy matters. The decision to open a college at Jandaur, prima facie, appeared to have been taken in the larger public interest and, therefore, cannot be stayed indefinitely. The interim order passed by this Court on whereby the notification dated to the extent it pertained to the opening of Degree College at Janduar was vacated. The application was allowed. 69. Hon ble Mr. Mansoor Ahmad Mir, Chief and Hon ble Mr. Tarlok Singh Chauhan CWP No of 2016 Shimla Educational Society Trust and another. Vs. National Council for Teachers Education & another. : Petitioner No.1 in order to introduce new professional course i.e. Diploma in Elementary Education (hereinafter referred to as the Course in question), applied to respondent No. 2 i.e Northern Regional Committee, National Council for Teachers Education initially in December, 2008, which application was rejected by respondent No. 2 vide letter dated constraining it to again apply, however, this application also came to be rejected on solely on the ground of delay. Thereafter, petitioners, time and again, applied to the respondents for grant of permission to run the course in question, but the said requests as also

168 168 the appeal were rejected by the respondents on different counts till The petitioners preferred a writ petition being CWP No of 2010 and during the pendency of this petition, respondent No. 2 carried out the inspection of the institution and in view of this development, the writ petition was disposed of vide judgment dated with a direction to respondent No. 2 to take appropriate action in light of the inspection report as also the action taken by the management of the institution. The respondents again rejected the request of the petitioners. The petitioners appear to have been dragged into unnecessary and unwarranted litigation, which could have conveniently been avoided in case the respondents would have acted fairly and impartially. No inquiry was conducted on such complaint and even copy thereof was not supplied to the petitioners so as to enable them to make representation. this is clearly a case of invidious discrimination wherein the petitioners alone have been discriminated against, whereas other similarly situated societies/trusts have been granted six months time to have the land transferred in the name of institution. The petition was allowed and petitioners were permitted to start

169 169 the course in question. 70. Hon ble Mr. Tarlok Singh Chauhan CWP No of 2006 National Insurance Co. Ltd. vs. State of H.P. : One Shyam Sukh son of Shri Chhopal Sukh, who was the husband of respondent No. 3 and father of respondents No. 4 and 5 was engaged as work-charged Mate by the Public Works Department in Karchham Sub Division. On , the deceased had gone by Bus to the headquarter and while coming back in a private bus owned by respondent No. 6 and insured with the petitioner Company, he met with an accident as the bus fell down in Sutluj river and was washed away. The employer of the deceased i.e., the Assistant Engineer, H.P.P.W.D, Karchham Sub Division submitted the accident report to the authorities concerned and copy of the same was also sent to the Court of learned Commissioner under the Workmen s Compensation Act-cum-Land Acquisition Collector. The claimants filed an application for compensation in Form-F under Rule 20 of the Workmen s Compensation Rules and the said petition was not resisted by respondents No. 1 and 2 rather the liability was admitted on their behalf. This petition was decided on whereby a compensation of Rs. 3,47,040/-was awarded in favour of the claimants. Conclusion;-

170 170 The claimants on their own had never approached the Commissioner for grant of compensation and it is only pursuant to the notice issued to them by the Commissioner after receipt of information of accident from the employer vide letter dated that they approached and thereafter in late August filed their application for compensation in Form-F under Rule 20 of the Workmen s Compensation Rule. Earlier to that the claimants had consciously elected and opted to approach Tribunal for grant of compensation by filing an application under Section 166 of the Motor Vehicle Act on The information imparted to the Commissioner under Workmen s Compensation Act with respect to the accident was in discharge of its duty of the employer under Workmen s Compensation Act 71. Hon ble Mr. Mansoor Ahmad Mir, Chief and Hon ble Mr. Tarlok Singh Chauhan CWP No of 2011 and connected matter. Shivalik Agro Poly Products Ltd. vs. Union of India and others. : The petitioner is an industrial unit situated at Parwanoo, Himachal Pradesh and is aggrieved by the construction of the national highway, which passes through some of the land of the petitioner. He filed seeking quashment of the notification issued under Section 3A of the National Highways Act (for short Act ), dated , notification under Section 3D, dated and notification under Section 3A,

171 171 dated with the further prayer for restraining the respondents from carrying out any further damage to the hill. Before filing the petition, i.e. CWP No of 2011, the petitioner had already filed and had been pursuing CWP No of 2010 and was, therefore, fully aware of all the developments that have taken place during interregnum. This would include the notification that was issued by the respondents from time to time under National Highways Act. That apart, the only right, which the petitioner had was a right of hearing and in case the same was denied to it, its remedy was elsewhere and not by way of the instant petition. More particularly, when the petitioner has not even sought the quashment of the award and has only sought for staying the operation of the various notifications issued under Sections 3-A and 3-D of the Act, which obviously cannot be done at this stage as the National Highway Authority of India was not only being constructed but is in operation for the last more than four years, rendering the prayer made in the writ petition redundant. However, in case, the petitioner still has any grievance, it is free to take recourse to such remedy as may be available to it under law.

172 Hon ble Mr. Mansoor Ahmad Mir, Chief, Hon ble Mr. Tarlok Singh Chauhan and Hon ble Mr. P.S. Rana. CWP No.9093/20 14 and connected matters. Pawan Kumar vs. Union of India and others. Whether an employee, who is appointed purely on contractual basis for a fixed tenure in accordance with non-statutory Scheme, can claim that his appointment be made co-terminus with the scheme or in the alternative his services be continued till the age of superannuation or would his services be liable to be terminated on the expiry of the period of contract, as is provided for in the Scheme. The petitioners who have been appointed purely on contractual basis for a fixed term, in accordance with the non-statutory scheme, have no right to claim higher right than what is envisaged in their contract of the appointment and the same would automatically come to an end by efflux of time in terms of the contract. The petitioners holding such posts have no right to continue or claim renewal of the contract, save and except, if so provided in the scheme itself. Therefore, they cannot lay claim that the appointments be made coterminus with the scheme or in the alternative the services be continued till they attain the age of superannuation. The petitions were

173 173 dismissed. 73. Hon ble Mr. Mansoor Ahmad Mir, Chief and Hon ble Mr. Tarlok Singh Chauhan LPA No. 193 of State of H.P. and another vs. Virendra Kumar. : The Appeal was directed against the judgment rendered by the learned writ Court on whereby it allowed the writ petition filed by the respondent herein and directed the appellants herein to consider his case for fixation of pay under FR 22 (a) (i) on in the pay scale of ` , for re-fixation of his pay on under FR 22-C, for fixation of his pay under FR 22 (a) (i) on in the pay scale of Rs and for re-fixation on under FR 22-C. The writ petitioner sought volunteer retirement on , however, the instant petition was filed only in the year 1998 and was thus clearly barred by limitation as prescribed under Section 21 of the Administrative Tribunals Act. The learned writ Court entertained and decided the application (petition) without even adverting to the issue of limitation, though it had been specifically raised. This course obviously was not permissible in the teeth of the provisions contained in Section 21 of the Act. The petition was dismissed. 74. Hon ble Mr. Mansoor Ahmad Mir, Chief LPA No. 338 of 2012 Ex. Petty Officer No K Hari Pal Singh vs. State. : The petitioner enrolled himself with the Sub Regional Employment Officer,

174 174 and Hon ble Mr. Tarlok Singh Chauhan Ex-servicemen Employment Cell, HP at Hamirpur for the post of X-Rays Technician/Radiographer. The official respondents conducted a selection in September, 1999 and appointed seven Ex-servicemen as Radiographers, who were given appointment vide order dated Petition filed by him was dismissed by the learned Single Judge. He did not question the appointments of these Ex-servicemen. This Appeal was directed against the judgment dated passed by the learned single Judge in CWP No.3052/2009, whereby the claim of the petitioner (appellant herein) for appointment to the post of Radiographer on regular basis with effect was ordered to be dismissed. When the case was taken up for hearing on , learned Deputy Advocate General made a communication dated available to us, which indicates that the appellant was not only given appointment, but even joined as a Radiographer at PHC, Churru on However, he thereafter submitted three months resignation notice on and thereafter resigned from service with effect from In such circumstances, we have no hesitation to conclude that conduct of the appellant, to say the

175 175 least, is not above board and in case he was not really interested in job he ought not to have wasted the precious time of the court. 75. Hon ble Mr. Mansoor Ahmad Mir, Chief and Hon ble Mr. Tarlok Singh Chauhan LPA No. 445 of 2012 and connected matters. State of H.P. and others vs. Amar Chand Thakur and others. : The writ petitioners were working in the Health and Family Welfare Department as Computers and Junior Statistical Assistants. As per the Recruitment and Promotion Rules notified on for Health and Family Welfare Department Subordinate Class-III Services, computers/computers-cum-clerks were placed in the pay scale of Rs These posts were to be filled up 100% by way of direct recruitment and the essential qualification for the same was Matric/Higher Secondary Part-I. The petition filed by the writ petitioners was allowed with all the consequential benefits. There cannot be a straight jacket formula to hold two posts having same or similar nomenclature would have to be given the same pay-scale as this exercise is of a complex nature, which requires assessment of the nature and quality of the duties performed and the responsibilities shouldered by the incumbent on different posts. Even though two posts may be referred by the same name, it would not lead to the necessary inference that posts are

176 176 identical in every manner. These matters are to be dealt with by expert body like Employer Pay Commission and it is not for the service Tribunal or the Writ court to normally venture to substitute its own opinion for the opinion rendered by the expert as they lack necessary expertise to undertake the complex exercise for the equation of post for the pay scale. The appeal was allowed. 76. Hon ble Mr. Tarlok Singh Chauhan RSA No. 523 of 2005 Mohan Lal(deceased) through his LRs and others vs. Sher Singh (deceased) through his LRs and others. - The plaintiffs-respondents filed a suit for declaration to the effect that they are owners in possession of the suit land alongwith defendants and the entries in the revenue record to the contrary are wrong, illegal, incorrect, null and void and in operative qua the rights of the plaintiffs and in the alternative decree for joint possession was prayed for. The defendants resisted and contested the suit by filing written statement wherein apart from raising preliminary objections; they have denied the claim of the plaintiffs and prayed for dismissal of the suit. The suit was dismissed, however, the appeal filed was allowed. One of the plaintiffs before the trial court and was arrayed as appellant No.4 before the appellate court. She died on , whereas the judgment and decree was came to be

177 177 passed by the appellate court much later on It is well settled that where a party dies during the pendency of the suit or appeal and the judgment and decree is passed in ignorance of such fact, then such judgment and decree is a nullity. The question of substitution of legal heirs and setting aside the abatement, if any, can be considered by the court below where the suit or appeal was pending when death took place. The appeal was allowed and the judgment and decree of the first appellate court was set aside. 77. Mr. Tarlok Singh Chauhan RSA No.243 of Soma Devi vs. Mast Ram - The plaintiff sough declaration to the effect that the alleged will dated alleged executed by Paras Ram in favour of the defendant was fictitious and was the result of undue influence. She claimed herself to be the legally wedded wife of Paras Ram. Defendant claimed that the plaintiff was the divorced wife of Paras Ram and she had no right, title and interest over the suit land. Plaintiff had contracted second marriage and was not entitled to the property left behind by Paras Ram. The suit as well as the appeal filed by the plaintiff were dismissed. it is always for the propounder of the Will to repel all the suspicious circumstances surrounding the Will

178 178 and to prove its genuineness, the testamentary Court is a Court of conscience and not a Court of suspicion. It is not the law that, whenever a Will is sought to be proved in the Court, the Court should start with the presumption that the Will is not genuine or that it is fraudulent or that the person who chooses to establish the Will must remove all such suspicions even when they are unreal. The appeal was dismissed. 78. Hon ble Mr. Tarlok Singh Chauhan C.S. No. 44 of 2013 Inderjit Singh Bawa vs. Dr. Vani Sharma The plaintiff filed the suit for recovery of Rs. 63,58,827/-alongwith future interest at the rate of 18% per annum from the date of institution of the suit till payment thereof. Before filing this suit, the plaintiff had already instituted a suit in the Court of Civil Judge (Senior Division), Kangra, H.P. The main issues were : (1) Whether the plaintiff is entitled to a decree of Rs 63,58,827/- alongwith 18% per annum against the defendant.. and (3) Whether the suit is not maintainable in view of Order 2 Rule 2 of the Code of Civil Procedure, if so, its effect? Issue No.3 was treated preliminary. As per some decision of the different High Courts, it was observed that what attracted the bar under Order 2 Rule 2 CPC, the earlier suit should have been decided on merits, but was dismissed

179 179 in default. However, it would not make a difference as eventually what the plaintiff is seeking is re-litigation and the same clearly defeats the salutary purpose of enacting Order 2 Rule 2 which seeks to usurp and prevent this practice and is based on the principle that no person shall be vexed twice for the same cause of action. The suit was dismissed. 79. Hon ble Mr. Tarlok Singh Chauhan Vasu Soni and another vs. Amar Singh through his LRs Joginder Singh and others. CMPMO No. 100 of Aggrieved by the rejection of their application seeking impleadment in the suit instituted by the respondents/plaintiffs, the petitioners have filed this petition by invoking the jurisdiction of this Court under Article of the Constitution of India. The petitioners contended that they had purchased the land adjoining to the suit land from one Sundu Ram who was having the right in the suit land. The petitioners had nowhere alleged that they are in possession of the land as Hissadar Shamlat, rather it was their admitted case that Sundu Ram from whom they had purchased the land in fact had right in the land. The petitioner could not be considered to be similarly situated to those of the plaintiffs and could not claim any interest in the suit instituted by the plaintiffs. The petition was dismissed. 80. Hon ble Mr. Tarlok Singh Chauhan Dinesh Kumar Jyoti vs. CMPMO No. 308 of 2016 This petition under Article 227 of the

180 180 Prakash and others Constitution of India is directed against the order passed by the learned trial Court on whereby the applications filed by the respondents No.1 and 4 under Order 9 Rule 4 CPC have been allowed and orders dated and whereby these respondents had been proceeded ex-parte has been ordered to be set aside. The learned Court has simply chosen to rely upon the contents of the application only because the same was supported by the affidavit of the respondents. Despite the factual aspects being disputed, it did not care to verify the factual position from the records and proceeded to allow the application by observing that expression sufficient cause should be construed to advance substantial justice and the Court should not take strict and pedantic approach and that the petitioner could conveniently be compensated by imposing cost and then proceeded to award Rs.1,500/- as cost. The order passed by the court below was set aside and the petition was allowed. 81. Hon ble Mr. Tarlok Singh Chauhan CMPMO No. 289 of 2016 Karam Chand vs. Prem Sagar Marwah This petition under Article 227 of the Constitution of India was directed against the order passed by the learned Civil Judge (Senior Division),

181 181 Kullu, District Kullu, on whereby the evidence of the petitioner came to be closed by order of the Court. The learned trial Court had erred in not taking into consideration that no one has the volition in the matter of falling ill. The time and place of illness cannot be predicted. The petitioner has sought adjournment only on the ground of unavoidable reason. The same ought to have been dealt with more compassion and the mere fact that the petitioner had already been granted five opportunities to lead his evidence could not have been the sole ground to reject the application, more particularly, when the Court itself did not disbelieve the ground of illness set up by the petitioner. The order passed by the trial court was set aside and the petition was allowed. 82. Hon ble Mr. Tarlok Singh Chauhan Cr. Revision No. 138 of 2016 Krishna Devi vs. State of H.P. : The petitioner aggrieved by the framing of charges under Sections 302, 212, 120-B of the IPC, filed the revision petition praying therein for quashing of the same. After going through the the statements of the complainant coupled with those of Medh Ram, Raghubir Singh and Balwant Singh, it was observed that

182 182 the the involvement of the petitioner, at this stage, cannot be ruled out and no ground for quashing of the chargesheet at the threshold is made out. Moreover, the learned Court below appears to have meticulously perused the material placed on record by the prosecution and only thereafter has framed the charges that too after coming to the conclusion that a prima facie case has been made out by the prosecution for trial of the petitioner. The petition was dismissed. 83. Hon ble Mr. Tarlok Singh Chauhan Cr.MMO No. 230 of 2016 M. Alexander vs. State of H.P. Petitioner filed the petition under Sections 2, 10, 11 and 12 of the Contempt of Courts Act, 1971 alongwith Section 482 of the Code of Criminal Procedure against the order passed by the learned Chief Judicial Magistrate, Kangra at Dharamshala on , whereby the application filed by the petitioner for initiating contempt proceedings against the respondent came to be dismissed. The petition preferred by the petitioner before the learned Magistrate was found to be vexatious and moved with the sole intent of settling personal score and harassing the respondent who are none other than police officials. It is with an object to curtail such vexatious imputations

183 183 that the criminal contempt has always been considered to be primarily a matter between the Court and the contemnor and not a matter between an individual and the contemnor. No person gets unfettered right in this respect because in some cases an individual may out of personal grudge, prestige and vendetta and then motive may move to hold the so-called dignity of the Court. The contempt of Court, jurisdiction is never to be forgotten is a summary in nature and a drastic process, which is just not readily resorted to except in cases of gross affront to the dignity of the Court or in case where the judicial process has been sought intentionally to be seriously interfered with illegally. It is resorted to only in the interest of sanctity of the judicial process and the dignity and majesty of the Court of and not merely because a private party to litigation feeling aggrieved seems to be inspired by desire to settle his own score with his opponent through contempt proceedings. The wide switch of the power of this Court in proceedings by way of contempt, calls for equal amount self-imposed restrained consisting to its majesty and dignity and to permit this power to be invoked lightly and too frequently because litigating parties alleged may not further end for which the contempt

184 184 proceedings are designed to serve and promote. The petition was dismissed. 84. Hon ble Mr. Tarlok Singh Chauhan Cr.MMO No. 256 of 2015 Sateesh Chander Kuthiala vs State of H.P. and another The moot question that was for consideration in this petition under Section 482 Cr.P.C. was as to whether the complainant can conduct the trial when admittedly he has only sought and granted permission by the learned trial Court to assist and not conduct the trial. Conclusionthe role of the informant or the private party is limited during the prosecution of a case in a Court of Session. The counsel engaged by him is required to act under the directions of public prosecutor. However, as far as Section 302 Cr.P.C. is concerned, power is conferred on the Magistrate to grant permission to the complainant to conduct the prosecution independently. However, such permission has to be expressly obtained by filing a written application. Once the respondent had specifically sought permission that his counsel be permitted to assist the prosecution, he cannot turn around to contend that such permission included a right to conduct the trial. Therefore, the petitioner at this stage has every right to object against the filing of the application directly by the counsel engaged by the respondent, instead of the same having been filed by the

185 185 Public Prosecutor. The petition was allowed. 85. Hon ble Mr Tarlok Singh Chauhan Civil Revision No. 168 of 2016 Sarwan Singh and others vs. Mohar Singh - Whether the judgment and decree passed by the first appellate Court can be assailed by filing civil revision under Section 115 of the Code of Civil Procedure or under Article 227 of the Constitution of India when the second appeal against the same is specifically barred under Section 102 of the Code of Civil Procedure (for short Code ). The High Court would be entitled to entertain a Civil Revision Petition, in a case where a Second Appeal is barred under section 102 of the Code of Civil Procedure, on any ground which is less rigorous than that provided in Section 100 of the Code of Civil Procedure. 86. Hon ble Mr Tarlok Singh Chauhan RSA No. 557 of 2006 Kamla Devi vs. Union of India and others Point Involved What would be the status of the marriage of Hindu male with Hindu female when he has already a living spouse, has been taken care of in section 5, which clearly provides that a marriage may be solemnized between any two Hindus, if neither already has spouse living at the time of marriage. Section 5 reads thus: Marriage of a Hindu woman with a Hindu male having living spouse solemnized after coming into force of

186 186 the Hindu Marriage Act, 1955 is null and void and where the Government servant being a Hindu having two living wives died, the second marriage was void under the Hindu law and hence the second wife did not have the status of widow and would not be entitled to family pension. 87. Hon ble Mr Tarlok Singh Chauhan CMPMO No. 313 of 2016 Tara Singh vs. Govind Singh (deceased) through LR. Point Involved- Whether learned Executing Court was right in observing that the wilful disobedience and violation of judgment and decree dies with the defaulter and the LRs cannot be added as judgment debtor. Conclusion:- Where a decree for an injunction had been obtained against the father and the son had not been joined as a party and the father died during the pendency of the execution petition, the decree can be enforced under section 50 of the Code against the son as his legal representative by proceeding under order 21 rule 32 of the Code. 88. Hon ble Mr Sanjay Karol and Hon ble Mr. Tarlok Singh Chauhan CWP No. 356 of 2016 Vikesh Kumar vs. State of H.P. and others Petitioner applied for the fair price shop and submitted all the requisite documents, whereas respondent No.4 in whose favour the fair price shop has been allotted had though submitted an application without any supporting documents. Record showed that the averments made by the petitioner in the petition

187 187 are false to his very knowledge. One has to approach the Court with clean hands, clean mind, clean heart and clean objection. In order to sustain and maintain the sanctity and solemnity fo the proceedings in law courts, it is necessary that parties should not make false or knowingly, inaccurate statements of misrepresentation and should not conceal material facts. 89. Hon ble Mr Tarlok Singh Chauhan Arb. Case No. 44 of 2016 Sunil Kanotra vs. Indian Oil Corpn. And others Whether a petitioner can file a petition/objection when he has received and accepted the due amount under award without protest. Once the person concerned/contractor has received the amount, which was due to him under the award and thereby submitted to the award unequivocally and accepted the same without reservation, it is not open to him to challenge the same. If he desired to challenge the award, he should have reserved the right to do so. 90. Hon ble Mr. Mansoor Ahmad Mir, Chief and Hon ble Mr. Tarlok Singh Chauhan CWP No of 2015 Pawan Kumar vs. Union of India and others and connected matters. Point Involved Whether an employee, who is appointed purely on contractual basis for a fixed tenure in accordance with non-statutory Scheme, can claim that his appointment be made co-terminus with the scheme or in the alternative

188 188 his services be continued till the age of superannuation or would his services be liable to be terminated on the expiry of the period of contract, as is provided for in the Scheme. The petitioners who have been appointed purely on contractual basis for a fixed term, in accordance with the non-statutory scheme, have no right to claim higher right than what is envisaged in their contract of the appointment and the same would automatically come to an end by efflux of time in terms of the contract. The petitioners holding such posts have no right to continue or claim renewal of the contract, save and except, if so provided in the scheme itself. Therefore, they cannot lay claim that the appointments be made coterminus with the scheme or in the alternative the services be continued till they attain the age of superannuation. 91. Hon ble Mr Tarlok Singh Chauhan CMP No of 2016 in CWP No of 2016 M/s Federal Mogul Bearing India Ltd. vs. Brij Lalk. Point Involved The applicant/respondent moved an application under section 17-B of the I.D. Act for release of payment of full wages to workman pending proceedings in the High Court. The payment which is required to be made by the employer to the workman

189 189 under section 17-B of the I.D. Act, 1947 is in the nature of subsistence allowance which would not be refundable or recoverable from the workman even if the award is set aside by the High Court or Supreme Court. 92. Hon ble Mr Tarlok Singh Chauhan CWP No of Sreshta Devi vs. State of H.P. and others Whether the children of a tribal woman, who admittedly is married to non-tribal, can claim the status of Scheduled Tribe solely on the basis of their having resided for sometime with the mother (petitioner) in the tribal area, that too, not on account of compulsion, but on account of the petitioner being posted there while working as a Teacher in the Education Department. It is on account of extreme socially and economic backwardness arising out of traditional practices of untouchability that is normally considered as a criteria for including a community in the list of Scheduled Caste and Scheduled Tribe. However, it does not mean that where a woman belongs to Schedule Tribe and decides to reside for sometime in tribal area with her parents more out of convenience than out of necessity or compulsion, she cannot be heard to claim that her children have been made to face disadvantages as once faced by her after birth. The petition

190 190 was dismissed. 93. Hon ble Mr Tarlok Singh Chauhan CWP No.1803 of 2014 Ajay Kumar Sud and others vs. St. Bedes College and others. - The petitioners are the employees of respondent No.1-College. The moot question in this petition concerns the EPF contribution which according to the petitioners is payable to them in accordance with the H.P. University Act, 1970 and the various statutes, ordinances and regulations made under the said Act on account of respondent No.1 being affiliated with respondent No.3. The scheme of contributory provident fund is a beneficial piece of legislation and confers retiral benefit and is in the nature of a substitute for old age pension for the employees because it was felt that in the prevailing conditions in India, the institution of a pension scheme could not be visualized in the near future and thus the same has to be interpreted in a manner so as to confer maximum advantage on the employees.. Respondents No. 1 and 2 are directed to contribute the provident fund of the 12% of the salary with effect from June, 2012 in accordance with the provisions of the Non- Government Affiliated College Teachers Contributory Provident Fund Rules in the same manner as it was being done prior to June, 2012 with all

191 191 consequential benefits. The petition was allowed. 94. Hon ble Mr Tarlok Singh Chauhan CWP No.2080 of 2016 Nangal Jarialan, Cooperative Agriculture Service society vs. State of H.P. - The petitioner No. 2 was initially appointed as a Salesman-cum Assistant Secretary in the year 1979 and subsequently in the year 1986 he was appointed as Secretary in the petitioner No. 1 Society. The petitioner No. 2 in terms of Service Rules of the Society was to retire on the attainment of the age of 60 years on , however, vide resolution No. 6, dated , the Managing Committee of the petitioner No. 1- Society decided to grant him an extension for one year. The very philosophy and the concept of the cooperative movement is impregnable with public interest. A cooperative society is a substitute for self-interest of an individual or a group of individuals for the benefit of the whole community. Therefore, even the general body of the members cannot take any steps which may be derogatory to the promotion of the interests of any one of its member(s) or its employee(s) and the same is necessarily be in accordance with the cooperative principles. Conversely, the general body of the members cannot act in a manner so as to confer undue benefit or advantage in favour of

192 192 anyone of its member(s) or employee(s). Above all, the society unlike a private individual cannot act as it pleases and the decision taken by the general body has to be in accordance with the H.P. Cooperative Societies Act, Hon ble Mr Tarlok Singh Chauhan CWP No.9552 of 2013 M/s Italian-Thai Development Public Company Ltd. vs. State of H.P. - Whether the construction equipment vehicles, more particularly, water tankers, heavy hyvas, farm tractors, transit mixtures and other heavy machines do not fall within the scope and purview of the definition of Motor Vehicles and thus are exempted from tax? Not only has the Motor Vehicle Act undergone a sea change, but even the judgment rendered by the Hon ble Supreme Court in Bolani s 1957 AIR SC 17 case has been subsequently distinguished in number of cases and reference in this regard can conveniently be made to the decision in the case of Travancore Tea Co. Ltd. vs. State of Kerala, 1980 (3) SCC 619 wherein it was ruled that dumpers, rockers with rubber tyres, though used for transporting goods within the enclosed factory premises were nevertheless adaptable and suitable for use on public roads and were thus motor vehicles.

193 Hon ble Mr Tarlok Singh Chauhan RSA No. 7 of 2016 and connected matter Chander Lekha vs Purshotam Dutt and others The plaintiff filed a suit for specific performance of the contract with the allegation that defendant No.1, was owner in possession of the land comprised in Khewat No. 51 min, Khatauni No. 116, Khasra No. 3467/1, measuring 517 sq.mtrs. situated in Muhal Sundernagar/26/8, Tehsil Sundernagar, District Mandi, H.P. He entered into an agreement of sale with the plaintiff on for sale of 244 sq.mtrs. of land out of Khasra No. 3467/1 for consideration of Rs 3,00,000/- and had received Rs 50,000/- as earnest money. Subsequently respondent No.2 again demanded more money and sale consideration was raised to Rs. 4,00,000/-, it was in pursuance to the agreement that sale deed was prepared on and was duly attested by the witnesses. However, before the same could be registered, respondent No.2 slipped from the office of Sub Registrar and resultantly the sale deed could not be registered. It was incumbent upon the plaintiff to have led sufficient evidence to indicate that on the day when the sale deed was to be registered and the defendant No.1 had fled from the office of Sub Registrar, he was possessed of the balance sale

194 194 consideration or that he had actually handed over the balance sale consideration and it was after receipt thereof that defendant No.1 had fled from the office of the Sub Registrar. Rather, it is admitted by the plaintiff that he had not paid the balance sale consideration of Rs. 3,45,000/- in each of the cases i.e. total Rs. 6,90,000/- to the defendant No.1. The appeal was allowed with special costs quantified at Rs. 20,000/ Hon ble Mr Tarlok Singh Chauhan and Hon ble Mr. Sandeep Sharma CWP No of 2011 M/s Dr. Reddy s Laboratories Ltd. vs. State of H.P. - The petitioner was aggrieved by the order of the Himachal Pradesh Tax Tribunal whereby he had been burdened with Rs. 20 lakhs, as costs, though appeal filed by him against the order of Appellate Authority was set aside. It is a trite if a person had not been brought within the ambit of charging section of a taxing statute by clear words; he could not be taxed at all, directly or indirectly. What the learned Tribunal in fact has done is virtually nullify the provisions of the statute by indirectly taxing the petitioner by imposing exorbitant costs of Rs. 20 lakhs. The petition was allowed. 98. Hon ble Mr Tarlok Singh Chauhan CWP No of 2016 and connected matter Ashok Kumar vs. M/s SCL Infratech Ltd. and another - The petitioners were appointed as Electrician and Welder by respondent

195 195 No. 1 on and , respectively. The petitioners had completed 120 days as per Section 25- B of the Industrial Disputes Act, 1947 and worked till where after their services were terminated by respondent No. 1. The action of the respondent was assailed before the learned Industrial Tribunal-cum-Labour Court upon the reference made by the appropriate government. The learned Tribunal upheld the termination of the petitioners by concluding that their services had been terminated during the period of probation, and therefore, there was no requirement of either giving any notice or paying any compensation in terms of Section 25-F of the Act. The doctrine of hire and fire is now completely abrogated both by statute and by industrial adjudication and even where the services of the employee are terminated by an order of discharge simplicitor, the legality and propriety of such an order can always be challenged in Industrial Tribunal. These restrictions on the absolute right to contract are imposed evidently because security of employment is more regarded as one of the necessities for industrial peace and harmony and the contentment. It brings about a pre-requisite of social justice. The petition was allowed and

196 196 the petitioners were ordered to be reinstated in service alongwith 50% back wages. 99. Hon ble Mr Tarlok Singh Chauhan CWP No of 2015 Dr. Sushant Deshta vs State of H.P. - The delimitation process for the Zila Parishad Tikkar Ward was concluded on However, base d upon the objections raised by the petitioner, delimitation qua the constituencies of Zila Parishad Shimla including Tikkar Ward was set-aside by the Divisional Commissioner, Shimla vide his order dated and the matter was remanded back to the Deputy Commissioner, Shimla to complete the delimitation process in accordance with Rule 9 of the Himachal Pradesh Panchayati Raj (Election) Rules. However, before these objections could be decided, the State Election Commission vide notification dated issued the Model Code of Conduct and vide another notification dated the State Election Commission had given effect to Clause 12.1 of the Model Code of Conduct. The instant writ petition has been filed for directing the respondents authorities to retain the Zila Parishad Ward Tikkar in its original form i.e. as existing in the year 2010 and the orders to the contrary, be quashed and set-aside. The provisions contained in the various legislations including the Panchayati

197 197 Raj Act, Rules and Election Rules are salutary and are intended to strengthen the fabric of our democracy at grass root level by curbing unprincipled and unethical practices and the rule of law are the basic features of democracy. The concept of free and fair elections is necessary concomitant and attribute of democracy. The order passed by respondent No.2 on whereby he rejected the objections to the delimitation was quashed and set aside and consequently the final order of delimitation dated was also quashed and set aside. The respondents were directed to undertake the delimitation of Zila Parishad Ward, Tikkar, afresh, that too, strictly in accordance with the orders passed by the Divisional Commissioner on and also in accordance with the rules occupying the field. The petition was allowed Hon ble Mr Tarlok Singh Chauhan Arb. Appeal No. 3 of 2015 Dhani Ram vs. Divisional Manager, Forest Working Division - The appellant filed objections against the award passed by the Arbitrator in the Court of learned Civil Judge (Senior Division), which were dismissed on the ground that the same were not maintainable, under section 34 of the Arbitration and Conciliation Act, 1996, as the award has been passed under the Arbitration Act, The moot question, however, is whether the

198 198 learned Civil Judge (Senior Division) at the first place had the jurisdiction to entertain such objections or the order passed by him is without jurisdiction and is thus coram non judis. Where a Court takes upon itself to exercise a jurisdiction it has not possessed its decision amounts to nothing. Consequently, any order passed by the Court having no jurisdiction is non est and its invalidity can be set up when it is sought to be enforced or is acted upon as a foundation for a right, even at the stage of execution or in collateral proceedings. Any order passed by such authority is coram non judis Hon ble Mr. Mansoor Ahmad Mir, Chief and Hon ble Mr Tarlok Singh Chauhan CWP No. 4773/2015 Maharishi Markandeshwar Medical College and Hospital vs. State of H.P. & others. The petitioners filed the petition to issue a writ in the nature of mandamus or any other appropriate writ, direction or order striking down sections 3 (6), 3 (6) (a) and 3 (6) (b) of the Himachal Pradesh Private Medical Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2006 as amended vide Amendment Act No. 24 of 2015 as null and void being wholly arbitrary, grossly malafide, in contravention of the law settled by the Hon ble Supreme Court and in naked breach of the fundamental rights of the petitioners under Article 19 (1) (g)

199 199 of the Constitution of India and also to issue the orders of appropriate nature that the petitioner No.1 MM Medical College and Hospital or any other intuitions of Medical Streams which may be started by petitioners be governed by the MMU (E&R) Act. One of the moot questions that therefore arises for consideration in the instant petition is as to which authority has the power to decide regarding the affiliation of Medical College. Is it the Central Government through MCI or the State Government or is the petitioner-college, which is alleged to be constituent of Maharishi Markandeshwar University established under the Maharishi Markandeshwar University (Establishment and Regulation) Act, 2010, that can decide this question? The Act does not confer authority upon the Medical Council to itself affiliate a college with any particular University and that is best left to the State Government which is competent to affiliate the college to a State or other University provided the certificate for affiliation is otherwise in conformity with the norms and guidelines prescribed by the Central Government, i.e. Medical Council of India. The affiliation primarily is the subject of the University of the

200 200 State/Affiliating University/examining Body. The MCI, the State Government, the Affiliating Body or the University, as the case may, have been assigned a definite role under the provisions of the MCI Act. The provisions of the MCI Act identify the scope and extent of power which each of the stakeholders is expected to exercise. While the MCI has been assigned the paramount role of according recognition, whereas the affiliation is best left to the State Government/University/examining body. The petition was dismissed Hon ble Mr. Mansoor Ahmad Mir, Chief and Hon ble Mr Tarlok Singh Chauhan CMP No of 2016 in CWP No. 1449/2015 Lalit Narain Mishra vs. The State of H.P. and others. The writ petition in which the present application has been filed is no longer on the dockets of this Court. By way of present application, the petitioner has prayed to recall the copy of answer book handed over to the respondent university vide order dated 15th November, 2016 in CMP No. 9077/2016 in Writ Petition No of 2015 to the petitioner in the interest of justice and provide a copy of that with the seal of the court so that truth of the University can be verified in the open court in the interest of justice, verify the said answer book in the open court with an expert whether it bears handwriting of the petitioner or not in the interest of justice. Once the writ petition has finally been

201 201 decided and proceedings stand terminated the Court becomes functus officio. It is only by filing an application for review of the order passed earlier that the Court may be called upon to examine the issue raised therein. That apart, the Court would by invoking its inherent powers correct some kinds of error, which normally would be arithmetical, grammatical etc. However, such powers would be invoked only in exceptional circumstances to avoid miscarriage of justice. Fraud is genuine, albeit limited, exception to the important principle of finality of litigation upon which the doctrine of functus officio is founded. The application was dismissed Hon ble Mr. Mansoor Ahmad Mir, Chief and Hon ble Mr Tarlok Singh Chauhan CWP No of 2016 The Tiara Cooperative Agriculture Service Society Ltd. vs. State of H.P. and others. - The petitioner being Cooperative Society filed the petition seeking quashing of the inspection note submitted by respondent No.4 and further sought quashing of office order dated whereby the Assistant Registrar, Co-operative Societies, Dharamshala has, on the basis of the inspection note, ordered an inquiry (surcharge proceedings) against the petitioner under Section 69 (1) of the Himachal Pradesh Co-operative Societies Act, 1968 (for short the Act ) by appointing the Block Inspector as an Inquiry Officer, who has further been

202 202 directed to submit his report within one month. The moot question in this petition was whether the petition was maintainable on the ground of availability of an alternative and efficacious remedy under the Act. It is settled law that when an alternative and equally efficacious remedy is open to the litigant, he should be required to pursue that remedy and not invoke the writ jurisdiction of the High Court. Equally, the existence of alternative remedy does not affect the jurisdiction of the Court to issue writ, but ordinarily that would be a good ground in refusing to exercise the discretion under Article 226 The petition was dismissed Hon ble Mr Tarlok Singh Chauhan Cr.MMO No. 353 of 2016 Vikas Sharma vs. State of H.P.. The petitioner was aggrieved as he was arraigned as an accused for the offence punishable under Sections 376 and 417 of IPC. Second respondent was complainant and it is an admitted fact that the petitioner and the second respondent, while pursuing MBA were training together and were having a live-in relationship. It further transpires that there was some discord in the relationship. Hence, she filed the complaint against the accused. The material produced on record showed that there was close

203 203 relationship between the petitioner and second respondent. Therefore, if the allegations that the petitioner had committed breach of promise to marry, in normal circumstances would alone not be a crime and complainant can only claim damage and would hardly constitute a case to be prosecuted for cheating on that ground alone. However, if the allegations of the complainant of cheating are coupled with the allegations that the petitioner had continued sexual relationship with her on the promise of marry and thereafter resiled then things would definitely be different. More particularly, if it is also established that the petitioner right from inception did not have the intention to marry, then obviously in such cases both the provisions of Section 417 coupled with Section 376 would be attracted. Whether physical contact established by the petitioner with the second respondent was consensual and without commitment of marriage as is sought to be canvassed by the petitioner is essentially a matter which has to be seen and determined during the course of the trial? Therefore, no case for quashing of FIR at this stage was made out Hon ble Mr. LPA No. 28 of 2013 Bhuri Singh vs. State of H.P. and

204 204 Mansoor Ahmad Mir, Chief and Hon ble Mr Tarlok Singh Chauhan others. The appellant joined services of the respondent-department in the year 1984 as daily waged Beldar and subsequently in July, 1986, was engaged as a Pipe Fitter. His case for regularization was considered in the year 1993 and he was appointed as a work charged Beldar instead of a Pipe Fitter. He thereafter on joined under protest and at the same time filed OA (M) No.424/95 before the learned Tribunal wherein he claimed regularization as Pipe Fitter. The Original Application was decided on by directing that the appellant would be entitled for appointment to the post of work charged Pipe Fitter in the lowest grade i.e. the scale of Rs /- and his services would be regularized in the said category as and when vacancy is available with the respondent- Department. The appellant s case was that the respondents in violation of the judgment earlier passed by the learned Tribunal had appointed junior persons to the post of Pipe Fitter thereby violating the provisions of Article 14 and 15 of the Constitution of India. After having obtained judgment in his favour, the appellant could not turn around and claim that he should have been appointed as a daily waged Pipe Fitter with effect from July, 1986 alongwith pay-scale which in teeth of

205 205 the findings recorded by the learned Tribunal in its judgment dated is not clearly available to him. That apart, even while filing OA No.78/2002 (CWP(T) No. 8192/2008), the only claim agitated at the time of arguments pertained only to the nonimplementation of the aforesaid judgment and that being the position, the appellant is otherwise precluded and estopped from raising the contention as now sought to be raised in this appeal. The appeal was dismissed Hon ble Mr. Mansoor Ahmad Mir, Chief and Hon ble Mr. Tarlok Singh Chauhan CWP No. 300 of 2016 Sandeep Chauhan vs Union of India and others. The work of construction of retaining wall, breast wall, crash barrier, parapet etc. in selected reaches on NH-70 (New NH-03) Jallandhar-Hoshiarpur-Gagret- Mubarikpur-Amb-Kotli-Mandi road from Km. 152/0 to 196/495 in the State of Himachal Pradesh was sanctioned by the Ministry of Road Transport and Highways for Rs lacs vide letter dated It was allotted to the petitioner. However, the same was cancelled. The petitioner aggrieved by the cancellation of tender, has filed the instant petition seeking directions to the respondents to quash Annexure P- 7 and Annexure P-8 i.e. letter dated and corrigendum dated and directing the Respondent authorities not to

206 206 implement Annexure P-7 and Annexure P-8 i.e. letter dated and corrigendum dated The entire fiasco was found to be created by the official respondents themselves, in particular the respondent No.2 and the same has only resulted in precious time of the Court being wasted. It would have been better if the respondents No. 1 and 2 alongwith respondents No. 3 and 4 would have worked in tandem with a better coordination and thereby avoided such unsavoury mess. If only the respondents would have taken extra care and not un-necessarily have blown up the issue only on account of lack of coordination amongst themselves and rectified the error without much ado, the filing of the instant petition could have conveniently been avoided. The petition was allowed Hon ble Mr. Mansoor Ahmad Mir, Chief and Hon ble Mr. Tarlok Singh Chauhan CWP No of 2016 Sujan Singh vs. State of H.P. & ors. - The petitioner applied for and thereafter fulfilled all the eligibility conditions for the grant of licence in form L4 & L5 (Beer Bar) in the name and style of M/s Dhruv Tara Restaurant, Jeori, Tehsil Rampur, District Shimla, H.P. It is further not in dispute that the application complete in all respects including NOC from the MLA-cum-Chief Parliamentary

207 207 Secretary (Health) had been forwarded to respondent No. 2, and when no licence was issued in favour of the petitioner he initially approached this Court by filing CWP No of Now, the petitioner has filed the petition for quashing and setting aside impugned order and further seeking directions to the respondents to grant him licence in the form of L4 and L5. Arbitrariness in the State action can be demonstrated by existence of different circumstances, whenever both the decision making process and the decision taken are based on irrelevant facts, while ignoring the relevant facts, such action can normally be termed as arbitrary. Rationality, reasonableness, objectivity and application of mind are some of the pre-requisites of proper decision making. The concept of transparency in the decision making process has also become essential part of our administrative law. The petition was allowed Hon ble Mr. Tarlok Singh Chauhan Cr.M.P. No. 999 of 2016 in Cr.MMO No. 198 of 2016 Sharda vs. Surat Singh - The petitioner sought recalling of the order dated , whereby the Cr.MMO No. 198 of 2016 came to be allowed in absence of the respondent. It is averred that though the case was fixed on but on account of old age, the applicant/respondent forgot the date and could not

208 208 therefore appear. It is only later in September that he realised that he had received summons from this Court and contacted his counsel at Shimla. the order in the instant case was passed behind the back of the respondent and the reason assigned by the applicant/respondent for his non appearance have not even been controverted by the nonapplicant/petitioner by filing a counter affidavit. The application was allowed and order dated was recalled Hon ble Mr. Tarlok Singh Chauhan CMPMO No. 126 of 2013 Raksha Devi vs. Uma and others. - The Petition under Article 227 of the Constitution of India was filed against the order dated passed by the learned Civil Judge (Senior Division), Court No.1, Shimla, whereby the objections filed by the petitioner under Section 47 of the Code of Civil Procedure was dismissed The petitioner after having obtained ex parte order from this Court has abused the process of law and manage d to keep the proceedings in a state of limbo for more than 3 ½ years. Obviously, this was done with an intent to tire out the decree holders so as to make them to succumb to the illegal and unjustified demand of the petitioner and the same is not legally permissible. The petition was

209 209 dismissed with costs of Rs. 30,000/ Hon ble Mr. Tarlok Singh Chauhan CMPMO No. 487 of 2016 Vinod Kumar and others vs. State of H.P and others - The present petition has been filed against the order passed by the ADJ (CBI), Circuit at Theog whereby the reference petition has been dismissed in default. Whether Reference Petition under section 18 of the Land Acquisition Act (for short the Act ), can be ordered to be dismissed in default. It is settled law that the Reference made under section 18 of the Act cannot be dismissed in default. The petition was allowed Hon ble Mr. Tarlok Singh Chauhan CMPMO No. 207 of 2016 Meemo Devi vs. Saroj Kumari - The petitioner filed the petition under Article 227 of the Constitution of India against the judgment dated passed by the learned Additional District Judge-II, Kangra at Dharamshala, Camp at Jawali whereby allowed in entirety the application filed by the respondent and thereby has restrained the petitioner from dispossessing the respondent from suit land and also from alienating the suit land or creating charge over it in any manner whatsoever. Learned first appellate Court without discussing the aforesaid findings and further without even arriving at an independent conclusion that the

210 210 respondent is in possession of the suit land restrained the petitioner from dispossessing the respondent, who was not even in possession of the suit land. To say the least, the findings recorded by the learned first appellate Court are perverse and, therefore, cannot be sustained in the eyes of law. The petition was allowed Hon ble Mr. Tarlok Singh Chauhan OMP No. 297 of 2016 in CS No. 16 of 2016 Narotam Dutt Sharma vs. H.P. State Cooperative Bank Limtied and others. - The applicant/defendant No.4 filed an application for rejection of the plaint on the ground that it does not disclose any cause of action against him. It was averred by applicant/defendant No.4 that prior to his joining as Managing Director of defendant No.1-Bank, the plaintiff was not personally known to him. Whatever documents and materials were brought before him as regards the work and conduct of the plaintiff, appropriate decision in light of the extant service rules was taken thereupon, that too, in a bonafide manner without any ill-will or any other extraneous consideration. He has further averred that he has been roped by name, however, such impleadment was unnecessary and gross abuse of the process of the Court. Defendant No.1 is only constituted and not created under the Act and functions like any other Co-operative Society and is mainly regulated in

211 211 terms of the provisions of the Act, except as provided in the byelaws of the Society. The State has no say in the functions of the Society, membership, acquisition of shares and all other matters are governed by the byelaws framed under the Act. The terms and conditions of the employees of the Cooperative Society indisputably are governed by the Rules. The application was allowed and the name of applicant-defendant No.4 was ordered to be struck off from the array of the defendants in the memo of parties Hon ble Mr. Tarlok Singh Chauhan CMPMO No. 508 of 2016 Onkar Chand vs. State of H.P. and others. - The petitioner filed under Article 227 of Constitution of India seeking transfer of election petition pending before the Authorized Officer-cum- SDO (C), Sujanpur, District Hamirpur on the ground that the said Officer is biased. One of the principles of the administration of justice that justice should not only be done but it should be seen to be done. However, a mere allegation that there is apprehension that justice would not be done in a given case does not suffice. The Court has further to see whether the apprehension is reasonable or not. To judge of the reasonableness of the apprehension, the state of the mind of the person who entertains the

212 212 apprehension is no doubt relevant but that is not all. The apprehension must not only be entertained but must appear to the Court to be a reasonable apprehension. This apprehension must be reasonable and not imaginary, based upon conjecture and surmises. However, no universal or hard and fast rule can be prescribed for deciding a transfer petition, which has always to be decided on the basis of each case. The petition was dismissed Hon ble Mr. Tarlok Singh Chauhan and Hon ble Mr. P.S. Rana. CMPMO No. 207 of 2016 Meemo Devi vs. Saroj Kumari - The petitioner participated in the selection process for the post of Additional District and Sessions Judges pursuant to notice dated and in the written examination declared on secured 54.5% marks in Paper-I and 65.5% marks in Paper-II i.e. 120 marks out of total 200 marks. The petitioner has though obtained 60% in all papers put together, however, on account of having obtained 54.5% marks in Paper- I was declared not qualified as he has required to obtain 55% marks in each paper in terms of Regulation 10 (iv). The grievance of the petitioner is that the key answers to the questions No. 23, 33 and 199 are not correct and despite his having represented to respondent No.1 vide his representation dated , the same have not been rectified.

213 213 It is settled law that the key-answer should be assumed to be correct unless it is proved to be wrong and that it should not be held to be wrong by inferential process of reasoning or by a process of rationalization. The key answer to the questions were found to be palpably and demonstrably erroneous and it was observed that the questions in issue are required to be re-looked by an expert on the subject and it is no excuse on the part of the respondent No.1 to oppose this prayer of the petitioner by claiming that there is no provision for revaluation/ rechecking, more particularly, when it is admittedly on record that neither the respondent No.1 is the expert in the subject nor has it after submission of the representation by the petitioner got an expert opinion on these questions. The petition was disposed of by ordering to send the key answers to the expert for opinion Hon ble Mr. Ajay Mohan Goel, J 116. Hon ble Mr. Ajay Mohan Goel, J RSA No. 396 of 2004 a/w RSA No. 397 of 2004 CMPMO No. 344 of 2014 Surinder Kaur Vs. Manjit Singh and others Vijaya Shakti Gupta vs Rakesh Khanna In each case two elements are involved and they are maintainability and justiciability. Before entering into the issue of justiciability the Court has to decide as to whether the lis before it is maintainable or not. In case a Court comes to the conclusion that the lis before it is not maintainable then it ought not to enter into adjudication of the same on merit. An application for amendment of plaint has to be decided by the Court before whom Civil Suit is pending and the said Court cannot refuse adjudication on the same on the

214 Hon ble Mr. Ajay Mohan Goel, J 118. Hon ble Mr. Ajay Mohan Goel, J 119. Hon ble Mr. Ajay Mohan Goel, J 120. Hon ble Mr. Ajay Mohan Goel, J 121. Hon ble Mr. Ajay CMPMO No of 2013 CWP No of 2011 CWP No of 2011 CWP No.4810 of 2009 RSA No. 86 of 2008 Dharam Dutt Vs. Hari Saran and ors. Ram Chander Pathania vs Hindustan Petroleum Corporation Ltd. and others Banshi Ram Chauhan Vs. State of HP and ors. Praveen Singh and another vs State of Himachal Pradesh and others HP State Forest Corp Vs. Kahan ground that proposed amendment if allowed would oust the pecuniary jurisdiction of the Court. Whether or not a suit can be tried by that Court after the proposed amendment is allowed or not has to be seen subsequent to the adjudication of the application filed for amendment of the plaint on merit. Interest of justice is not served if application filed for restoration of civil suit is disallowed on technicalities and the approach of the Court has to be that if substantial justice and technical approach are pitted against each other, the former has to be preferred. Whether or not a site is suitable for the purpose of a retail petroleum/diesel outlet is a decision which has been taken by the Oil Corporation and the satisfaction of the Oil Corporation cannot be made subject to judicial review until and unless it is proved that the said satisfaction was erroneous and not based on merit but was influenced by motive. When a procedure has been prescribed under Himachal Pradesh Panchayati Raj Election Rules, 1994 for withdrawing an election petition then the authority where the election petition has been filed should not allow withdrawal of the election petition without following the procedure prescribed in the Rules. Benefits of Resettlement and Rehabilitation Scheme formulated by Government of Himachal Pradesh which are accruable to oustees/affected families whose land has been acquired for Chamera-2 Project cannot be denied to them on the ground that benefits have already been conferred upon them when their lands were acquired for Chamera-1 Project because Resettlement and Rehabilitation Scheme for Chamera-2 Project is a totally different scheme for a totally different Project especially when there is no such bar contemplated in the R&R Scheme for Stage-II Project. Adjudication in a civil suit and in a counter claim assume status of distinct

215 215 Mohan Goel, J 122. Hon ble Mr. Tarlok Singh Chauhan and Mr. Ajay Mohan Goel dictated by Mr. Ajay Mohan Goel (Division Bench) 123. Hon ble Mr. Ajay Mohan Goel, J 124. Hon ble Mr. Dharam Chand Chaudhary and Hon ble Mr. Chander Bhusan Barowalia CWP No of 2015 Cr.MMO No. 109 of 2014 Cr. Appeal No. 38 of 2010 Singh through his LRs Yudh Chand Saklani Vs. State of HP and ors Kashetar Pal Singh alias Kirpal Singh vs. Harpal Singh and another Ram Dev vs. Dhameshwar Sharma & ors. decrees and they are required to be challenged separately. Function of the Government while establishing a municipality is neither executive nor administrative but the same is a legislative process. Proceedings under Section 133 of Cr.P.C. are not intended to settle private dispute between two members of the public. It is settled law that if a dispute is of civil nature then dispute cannot be entertained by Magistrate under Section 133 of Cr.P.C. The provisions of the said section can be used only for settlement of dispute in relation to a public right in the general interest of public at large. Whether the statement of the person who is related with the complainant in the FIR to the effect that the shop was set on fire by the accused and he has seen it can be believed when he has done nothing to extinguish the FIR are brought it to the notice of the complainant? Conclusion Held. No. The conduct of the person is unnatural and so his statement is not reliable to convict the accused who has some property dispute also Hon ble Mr. Tarlok Singh Chauhan and Hon ble Mr. Chander Bhusan Barowalia Cr.A. No.163 of 2011 State of H.P. Vs. Narinder Paul Sooden(since deceased) & ors. Can the oral statement to be taken into consideration in the absence of documentary proof with respect to the loss and Bituman Drums from the Store of the Public Works Department when the Truck Driver is not examined as a witness nor the record was proved beyond reasonable doubt? Conclusion

216 216 Held. No. The prosecution failed to prove the guilt of the accused beyond reasonable doubt and so the judgment of the acquittal cannot be set aside Hon ble Mr. Dharam Chand Chaudhary and Hon ble Mr. Chander Bhusan Barowalia Cr.A No.183 of 2016 State of H.P. versus Prem Singh. When the prosecution proves the recovery as per law of the Narcotics can the Court below is justified in acquitting the accused just on the ground that there was some discrepancies in the statement of the official witnesses? Conclusion 127. Hon ble Mr. Chander Bhusan Barowalia RSA No.329 of 2005 Prem Chand and ors. Vs Ameshwar Singh & Ors. Held. No. When the prosecution proves the recovery of 4.5 kgs. Charas from the exclusive and conscious possession of the accused, the lower Court has wrongly acquitted the accused person. So, the acquittal was set aside, as the findings are perverse and the accused was convicted under Section 20 of the N.D.P.S. Act Sale Deed coupled with mutation if not rebutted proves the transfer of the property? Conclusion Findings of the learned trial Court holding that the sale is there, cannot be termed as perverse Hon ble Mr. Chander Bhusan Barowalia Cr. Appeal No.204 of Ganga Ram vs. Dalip Singh Whether the bald statement of person living with the wife of the accused, who is stated to be the cousin of the accused and that the accused has levelled defamatory remarks against him with regard to her relations with the wife of the accused, who is living with the complainant proves the guilt of the accused conclusively under Section 500 IPC? Conclusion

217 Hon ble Mr. Chander Bhusan Barowalia RSA No.372 of 2006 Lachhaman Dass and others vs. Nag Ram Held. No, there should be more corroborative evidence to prove that the complainant has been defamed due to said act of the accused in public at large. Whether the injunction can be granted against the co-sharers at the instance of one co-sharer when the parties are in settled separate possession from long time on the basis of Khangi partition? Conclusion No. When the partition is admitted by the co-sharer asking for the injunction in evidence injunction cannot be granted Hon ble Mr. Chander Bhusan Barowalia RSA No.514 of 2006 Shri Vijay Kumar & other vs. Shri Anant Ram alias Nantu. Whether a person can sell more land than he owns by way of a sale deed? Conclusion Held. No. A person can only sell the land which he owns Hon ble Mr. Chander Bhusan Barowalia FAO No.389 of ICICI Lombard General Insurance Co. Ltd. vs. Smt. Kalawati & others. Whether a person traveling with his goods in a Goods Vehicle can be termed as a gratuitous passenger in the absence of positive evidence being led by the Insurance Company? Conclusion Held. No person traveling with his goods in a Goods Vehicle is not a gratuitous passenger Hon ble Mr. Chander Bhusan Barowalia Cr.MMO No.310 of 2015 Muskan Dhiman & another vs. Kapil Dhiman When the father and mother both are earning hand, can father escape the liability to pay maintenance to the minor daughter on the ground that the mother is also very handsome salary earning?

218 218 Conclusion 133. Hon ble Mr. Chander Bhusan Barowalia CWP No.4144 of 2015 Tanuja Begum vs. Union of India & others. Held. No. The Court below has committed no illegality in fastening the liability to maintain daughter 50% - 50% when the father is holding Senior Class-I Officer and after majority the daughter can claim maintenance under the Personal Law. Can Headmaster of a School can show ignorance with respect to the meritorious student of his School in the Board Examination and say that he has not filled in the form of Scholarship of the topper as he was not aware about the students being meritorious in the Board Examination and entitled for the Scholarship for further years under the Government Scheme being meritorious? Conclusion Held. No Headmaster is totally negligent Officer and the writ petition was allowed with costs of Rs.10,000/- against the Headmaster personally and other respondents were directed to release the Scholarship to the petitioner as per the Government of India Scheme for further years of her education Hon ble Mr. Chander Bhusan Barowalia CMPMO No.258 of 2016 Bajaj Allianz General Insurance Company Limited vs. Anuradha Sood and others. Can Insurance Company insuring the vehicle after taking due premium lateron escape the liability on the ground that the vehicle was insured by another Insurance Company also? Conclusion 135. Hon ble Mr. Chander Bhusan CWP No.613 of 2016 Dr. Ram Mohan Singh Kushwah vs. Union of India & Held. No, when the Company has taken the premium and insured the vehicle with liability to identify 100% damages, the Insurance Company cannot take such plea in the Court. Whether the University can constitute

219 219 Barowalia others. the Faculty of Ayurveda in terms of Statute 13(4) and (5) of the First Statutes of Himachal Pradesh University and make a reasonable classification by taking Assistant Professors and Lecturers in the Faculty for the purpose of election? Conclusion 136. Hon ble Mr. Chander Bhusan Barowalia RSA No.213 of 2004 Mathru (deceased) through her LRs Sahil & others versus Rangia(deceased) through his L.Rs. Smt. Hardei & others. Held. Yes. It is the prerogative of the University until and unless the petitioner proves malafide and proves that the action of the University is arbitrary and capricarious, the action of the University cannot be set aside. Whether the Will in favour of nephew, who was looking after the deceased and who made the Will in favour of the nephew at the time of her death and also tilling the land throughought, can the Will be said to be surrounded by suspicious circumstances when the Will is also proved duly executed? Conclusion Held. No, in these circumstances, there is no suspicion circumstance surrounding the Will rather the Will is in the natural course as well and proves that the Will was without any pressure and free from all suspicions.

220 220 CHAPTER-4 STATUS OF INFRASTRUCTURE OF HIGH COURT (Updated upto ) 1. Details of High Court Complex in the State: Sl. No As on Number of Court Complex available Number of Court complex(es) in Government owned building Number of court complex(es) in self owned building Number of court complex(es) on rent Details of Court Hall in High Court: Sl. No As on Number of court halls required Number of court halls available Number of court halls in government owned building Number of court halls in self owned building Number of court halls on rent Details of Funds allotted for infrastructure for financial year : (Data as per record of HPPWD) Sl. No Head of Account (SOON)-21 maintenance of High Court (NP) (Non residential Bldg) D. No (SOON)-021 maintenance (NP) (Residential Bldg) D. No (SOON) 37 (S25N) Judiciary various works (P) (Administrative Block) Sanctioned Budget (Rs. In Lac) Expenditure (Rs. In Lac) Reconciliation pending do do- 4. Details of Court Complexes/Court Halls of H.P. High Court which are under construction: NIL

221 Details of Renewable Energy Enabled Court Complex (es): Sl. No. As on Total number of court complex es Court complexes which are at least 100% renewable energy enabled Court complexes which are at least 50% renewable energy enabled Court Complexes which are at least 25% renewable energy enabled Please Note: In High Court of Himachal Pradesh a Solar Power Plant of 100 Kwp capacity has been installed and commissioned in May,16 which would cater to the energy requirement of High Court of Himachal Pradesh to a greater extent. Screen shot showing the work of solar energy in Progress in the Administrative Block of H.P. High Court. 6. Details with regard to differently abled friendly court complex(es): Sl. Number of court Number of court complex, which is As on No. complex(es) differently-abled friendly Please Note: Entry points at the High Court Complex for differently-abled persons are accessible. Lifts have also been provided for the facility of differently abled persons. The curb cuts and slopes

222 222 have been provided at all the entrance gates for easy access of wheel chair users. There are separate washrooms for ladies and gents at each floor of the High Court Complex. 7. Details with regard to Residential Accommodation for Hon ble Judges: Sl. No As on No of residential accommodation required No of residential accommodation available No of owned residential accommodations No of government owned residential accommodations No of residential accommodation taken on rent Please Note: Bungalows Nos 1,2,4,5 & 6 alongwith outhouses at Harvington, Shimla-1, Set No. 14 at Richmond alongwith outhouse, Armsdell building and Curzon House are in the possession of High Court of Himachal Pradesh. Bungalow No.4 at Harvington has been allotted to the Vice Chancellor, Himachal Pradesh National Law University. 8. Residential accommodation which are under construction: Nil 9. Closed Circuit Television Cameras (CCTV): There are 25 CCTV Cameras installed in the premises of High Court of Himachal Pradesh, out of which 22 are day night cameras, 1 is night vision facility camera, 1 is audio facility camera and 1 analog outdoor camera. 10. Diesel Generator Sets (DG sets): One Diesel Generator Set each of sufficient capacity has been installed in main court building of H.P. High Court and Administrative Block of H.P. High Court. STATUS OF INFRASTRUCTURE DISTRICT / SUBORDINATE COURTS 1. Details of Court Complex(es) in the State: Sl. No As on Number of Court Complex available Number of Court complexes in Government owned building Number of court complexes in self owned building Number of court complexes on rent Details of Court Complex(es) on rent in the State: NIL 3. Details of Court Halls in the state:

223 Sl. No As on Number of court halls required Number of court halls available 223 Number of court halls in government owned building Number of court halls in self owned building Number of court halls on rent Details of Court Halls on rent: NIL 5. Details of Funds allotted for infrastructure: (Data as per record of HPPWD) Sl. No Financial Year Funds allotted for Infrastructure (from all sources including Central, State or any other source) lac (Including Budget provided for High Court) Funds utilized As per HPPWD the reconciliation is still pending Extra funds demanded for infrastructure As per HPPWD the reconciliation is still pending Funds surrendered As per HPPWD the reconciliation is still pending Funds reappropriated from infrastructure funds to other activities. As per HPPWD the reconciliation is still pending 6. Details of Court Complex(es)/Court Halls which are under construction: NIL 7. Details of Renewable Energy Enabled Court Complexes: NIL Sl. N o. As on Total No. of court complex es Court complexes which are at least 100% renewable energy enabled Court complexes which are at least 50% renewable energy enabled Court Complexes which are at least 25% renewable energy enabled Please Note: 34 Court Complexes of Distt. / Sub-Divisional Courts in Himachal Pradesh have been identified for installation of Standalone SPV Power Plants and the work of installation of 577 kwp Solar Power plants at 34 Court Complexes in Himachal Pradesh is pending with the Ministry of New & Renewable Energy, Govt. of India for sanction of funds. Each plant shall range between 5 kwp to 110 kwp, which would cater to the energy need of various court complexes. The matter has already been taken up by HIMURJA, H.P. Govt. Energy Dev. Agency with Ministry of New & Renewable energy for providing funds under central financial Assistance. The matter has also been taken up with

224 224 the State Govt. for sanctioning and allocation of Rs. 1.6 Crore for depositing the state share in the aforesaid project. The in-principle approval has been accorded by the Central Government which has been communicated to the State Government by HIMURJA. The sanction of Rs 1.20 crore is awaited from the State Government. 8. Details with regard to differently abled friendly court complexes: Sl. Number of court Number of court complexes which are As on No. complexes differently-abled friendly Please Note: All the Sessions Divisions have been requested for making public buildings /places accessible for persons with disabilities. This has been done in the wake of Accessible India Campaign (Sugamya Bharat Abhiyaan). 9. Details with regard to Residential Accommodation for Judicial Officers: S. N As on No of residential accommod ation required No of residential accommodati on available No of owned residential accommod ations No of government owned residential accommodat ions No of residentia l accommo dation taken on rent No of Judicial officers without residential Accommodatio n Details of Residential Accommodation on Rent: Sl. No As on Number of residential accommodation on rent Number of residential accommodation on rent for the period Less than years and 1-3 years 3-5 years 1 years above. year Residential accommodations which are under construction: Nil

225 The H.P.P.W.D. has been requested to make amendments in the revised drawings of the proposed New Block of the High Court (Phase-II) *****

226 226 CHAPER-5 SANCTIONED STRENGTH, WORKING STRENGTH AND VACANCIES OF JUDGES IN HIGH COURT AND DISTRICT / SUBORDINATE COURTS i) Working Strength of Hon ble Judges (including Hon ble the Chief ) in High Court of Himachal Pradesh. Sanctioned Working strength Sl. No. Vacancy position strength (Including Hon ble the Chief ) ii) In the cadre of District Judges/Additional District Judges as on Sl. No. Sanctioned strength Working strength 46 Vacancy position 4 Note: Presently one Member in the cadre of DJ/ADJ posted on deputation in the Hon ble Supreme Court of India as Registrar iii) In the cadre of Civil Judges (Senior Division) as on Sl. No. Sanctioned strength Working strength Vacancy position Note:- Presently one number in the cader of Senior Civil Judges, is posted on deputation in the National Green Tribunal, New Delhi as Deputy Registrar. iv) In the cadre of Civil Judges (Junior Division) as on Sl. No. Sanctioned strength Working strength Vacancy position *****

227 227 CHAPER-6 HUMAN RESOURCE DEVELOPMENT TRAINING OF JUDGES / JUDICIAL OFFICERS & ACTIVITIES OF STATE JUDICIAL ACADEMY Establishment Himachal Pradesh Judicial Academy initially came into being on 22 nd September, 2005, vide State Governments Notification No. Home B (E) 3-17/2003-II dated 22 nd September, 2005, pursuant to the order passed in CWP No. 324/2003. The State Government vide Notification No. Home (E) 3-17/2003-II dated 24 th Himachal Pradesh Judicial Academy which, inter-alia, include: November, 2005, spelt out the key objects of setting up the i) To impart induction training to newly recruited Judicial Officers. ii) To impart refresher and orientation training and education to Judicial Officers. iii) To provide training to ministerial staff of Judicial Courts from time to time. iv) To provide such other judicial training and education related services, as may be necessary to improve the efficiency of the justice delivery system. v) To organize refresher, orientation or any other type of training in justice and law related subjects to Officers and Officials outside the Judiciary, if so requested or required. Board of Governors of the Judicial Academy: The Governing Body of Himachal Pradesh Judicial Academy was constituted vide Notification No. Home-B (E)3-17/2003-II dated 28 th September, The State Government amended the constitution of board of governors vide notification No. Home-B (E)3-17/2003 dated 28 th April, 2010, in partial modification of its earlier notification dated , in consultation with the Hon ble High Court of Himachal Pradesh. At present, the Board of Governors consists of:- 1. Hon ble Mr. Mansoor Ahmad Mir, Chief, High Court of Himachal Pradesh 2. Hon ble Mr. Sanjay Karol, Judge, High Court of Himachal Pradesh 3. Hon ble Mr. Dharam Chand Chaudhary, Judge, High Court of Himachal Pradesh 4. Hon ble Mr. Tarlok Singh Chauhan, Judge, High Court of Himachal Pradesh 5. Hon ble Mr. Thakur, Judge, High Court of Himachal Pradesh Patron Member President Member Member

228 The Principal Secretary, Department of Administration of (Home) to the Govt. of Himachal Pradesh Member 7. The Director, H.P. Judicial Academy Secretary Redefined activities of the Academy: The activities of H.P. Judicial Academy were redefined vide State Governments Notification No. Home-B (E)3-17/2003 dated 1 st July, Research To associate the Judicial Officers in the research work in order to provide evidence about the judicial process and development. The training programme/ refresher programme should be followed by impact assessment by taking the feedback from the judicial officers. Thereafter, the OSD-Legal Research and Rules {now the Registrar (Rules)}, High Court of H.P. will process the same and prepare the research paper, for being placed before the H.P. Judicial Academy s Committee and Board of Visitors for overall working of Judicial Officers Training Institute, National Law School and all matters relating thereto. The Law Students of Final Year from the Law Colleges should also be associated in research work. H.P. Judicial Academy to devise modules in this regard. 1. Teaching To make aware the Practitioners in other fields as well as the next generations about the laws and the judicial system. The Judicial Academy to evolve a module for the innovative teaching about the laws and the judicial system in association with State Legal Services Authority. 2. Policy Input To assist the development of judicial policies through research and provide a high level forum for policy discussion between the Judges, Academicians and the policy makers with a view to provide ultimate benefits to the society as a whole and to prepare a draft paper in this regard. 3. Professional Development To start professional development courses of short duration, for practicing lawyers. Some of these courses are to be designed to fulfill the need on educating practitioners about the judiciary prior to applying for judicial posts. The other short duration professional development courses should provide Legal Practitioners with new skills and understanding of judicial functions. To devise modules in this regard, by taking up the matter with the Bar Council of

229 229 H.P. 4. Public Debate To hold programmes of public discussion about the key role of the judiciary in law and society by holding seminars in collaboration with the H.P. Legal Services Authority and Para Legal Volunteers working with the District Legal Service Authorities in the State by devising modules. Other Activities: Himachal Pradesh Judicial Academy, in addition to above, is also undertaking the following activities: Publishing the e-news-letter and Him News- Law Journal. Editing and preparing the ILR (H.P. Series). Vision: To bring excellence in Judicial Education and Training. Objectives: The key idea behind establishment of Himachal Pradesh Judicial Academy is to improve the skills, enhance the knowledge and to bring functional and attitudinal change in the Judicial Officers as well as ministerial staff of the Himachal Pradesh Judiciary and other functionaries of the State Government discharging judicial and quasi-judicial functions. The main objectives of imparting training are as follows:- 1). To update the knowledge of Judicial Officers, functionaries of the State Government and ministerial staff of State Judiciary as well as that of State Government. 2). To co-ordinate with National Judicial Academy and other State Judicial Academies in India to share knowledge and information. 3). To bring functional and attitudinal change in the participants. 4). To impart training in Information and Communication Technology to all the Judicial Officers and ministerial staff of the State Judiciary. 5). To improve the skills and knowledge of participants to enhance their efficiency and productivity. 6). To organize and conduct training programmes for the stakeholders of the justice delivery system. 7). To impart trainings in Court/Case and Time Management in order to ensure speedy justice. Methodology:

230 To make the trainings meaningful and result oriented, the methodology of trainings is based on: 230 1). Lectures coupled with interactive sessions; 2). Practical sessions; 3). Power point presentations; 4). Paper presentations; 5). Group discussions; 6). At the end of every training, an evaluation-methodology has been adopted to ascertain the grasp-rate of every participant; and 7). Emphasis is being laid on employing modern tools and techniques in justice delivery system. Aim of Trainings: 1. Induction Training Programmes: The main objectives of imparting induction training for the newly recruited / selected/ appointed Judicial Officers, inter-alia, include; To enhance the skill and knowledge of the newly appointed Judicial Officers, which would help them in performing their duties and functions efficiently. To ensure uniformity and predictability of decisions. To bring functional and attitudinal change. To build institutional spirit and a sense of common purpose. To recognize the problems confronting the Judiciary and problems faced by the people and find better solutions to access to justice. To expose them to the practical court work. To make them learn court and case management in the court. (b.) In-service training programmes: The aim and object of organizing in-service orientation, refresher training programmes and workshops inter-alia include:- To enhance the skill and update the knowledge of the trainee-participants; To bring functional and attitudinal change; To strengthen the ethics; and To motivate the trainee-participants to achieve excellence Feedback of the trainings organised: The Academy takes feedback from the quarters where the officers undergoing induction

231 231 training are attached to know whether they have become capable of holding the post independently or not. They are sent to respective stations for holding courts independently only if the feedback is positive. Training period is extended on the receipt of negative feedback. The Academy also takes feedback forms from the participant-officers/ officials on various points pertaining to the lectures, discussions etc., during the trainings/ workshops/ conferences. These feedback forms are sent to Registrar (Rules) in accordance with State Governments Notification No. Home-B (E)3-17/2003 dated 1 st July, 2013, for processing and preparing the research paper, which is placed before the Board of Governors of the H.P Judicial Academy for perusal. Place of Functioning of Academy: Himachal Pradesh Judicial Academy is functioning from its headquarters at Ghandal, Post Office- Shakrah, Sub-Tehsil Dhami, Tehsil & District Shimla (Himachal Pradesh). The Academy besides organizing trainings in the Head-quarters is also holding training camps at every District Head-quarters for imparting training to the ministerial staff of the State Judiciary and the functionaries of State Government. Organization of the Academy: Himachal Pradesh Judicial Academy is being manned by the following officers/ officials: 1. Director - one post 2. Joint Director- cum-permanent Faculty Member - one post 3. Deputy Director - one post 4. System Analyst - one post 5. Superintendent Grade-II - one post 6. Personal Assistant - one post 7. Senior Assistant - one post 8. Senior Scale Stenographer - two posts 9. Junior Scale Stenographer - one post 10. Steno-Typist - one post 11. Accounts Clerk - one post 12. Clerk - two posts 13. Daftari - one post 14. Driver - seven posts 15. Conductor - one post 16. Peon - three posts 17. Peon-cum-Chowkidar - one post 18. Chowkidar-cum-Cook - one post 19. Safai Karamchari-cum-Mali - one post 20. Safai Karamchari - one post Calendar of Training Programmes/ Workshops organised

232 232 Himachal Pradesh Judicial Academy with a view to enhance the skill of the Human Resources available with H.P. Judiciary and also the functionaries of the state government performing quasi Judicial functions has organized various Orientation/ Advance Courses/ Workshops/ Conferences for the Judicial Officers, Officers and Officials of the Registry of Hon ble High Court of Himachal Pradesh, ministerial staff of the State Judiciary and also for the officers/ officials of the State Government discharging judicial and quasi-judicial functions during the financial year, The Calendar depicting the orientation/refresher trainings/ workshops/ conferences conducted during the period to , is as under: Sl. No. Trainings/ Workshops Period Venue No. of From To participa nts Training Programme on Ubuntu-Linux & LibreOffice-Writer/Calc 4.2 for the Officers/ Officials of the Registry of High Court of H.P High Court 14 2 Training Programme on Ubuntu-Linux & LibreOffice-Writer/Calc 4.2 for the Officers/ Officials of the Registry of High Court of H.P. 3 Training Programme on Ubuntu-Linux & LibreOffice-Writer/Calc 4.2 for the Officers/ Officials of the Registry of High Court of H.P. 4 Training Programme on Ubuntu-Linux & LibreOffice-Writer/Calc 4.2 for the Officers/ Officials of the Registry of High Court of H.P. 5 Training Programme on Ubuntu-Linux & LibreOffice-Writer/Calc 4.2 for the Officers/ Officials of the Registry of High Court of H.P. 6 Training Programme on Ubuntu-Linux & LibreOffice-Writer/Calc 4.2 for the Officers/ Officials of the Registry of High Court of H.P. 7 Conference on Gender Sensitization in collaboration with National Commission for Women 8 Training Programme on Ubuntu-Linux & LibreOffice-Writer/Calc 4.2 for High Court High Court High Court High Court High Court New Auditoriu m, Hon ble High Court of H.P Judicial officers 6 Law Teachers 36 Law students= Total 153 participants Academy 15

233 233 Sl. No. Trainings/ Workshops Period Venue No. of From To participa nts the ministerial staff working in Civil & Sessions Divisions, Hamirpur & Una 9 Orientation Training Programme on Academy 20 Juvenile, Protection of Children from Sexual Offences, Child Labour and Right to Education for the Members of District Child Protection Units 10 Training Programme on Ubuntu-Linux Academy & LibreOffice-Writer/Calc 4.2 for the ministerial staff working in Civil & Sessions Divisions, Hamirpur & Una 11 Course on Court Management, Case Academy 24 Management and Appreciation of Evidence for the Civil Judges (Senior and Junior Division) Total 301 Statistical data of trainings organized by the Academy The statistical data of training programmes organized by the Academy during the period to , is as follows:- Sl. No Type of Training 1. Orientation/ Advance Courses/ Judicial Colloquium/ Conferences/ Workshops for the Judicial Officers including law teachers and students 2. Orientation/ Referesher Training Programmes for ministerial staff of Subordinate Courts 3. Training Programme on Ubuntu-Linux & LibreOffice-Writer/Calc 4.2 for the Officers/ Officials of the Registry of High Court of H.P. 4. Orientation/ Refresher Training Programmes for the Functionaries of the State Government discharging quasi-judicial functions No. of events organized No. of participants imparted training Total Types of Trainings/Workshops/Conferences organized Induction Training Programme for newly appointed Civil Judges (Junior Division) Three-day Orientation Courses on Land Revenue Matters, H.P. Tenancy and Land Reforms Act and H.P. Urban Rent Control Act for the Judicial Officers

234 234 Two-day Change Management- UBUNTU LINUX Training Programmes for the Judicial Officers Regional Judicial Conference on Strengthening Delivery System: Tools and Techniques (North Zone) in collaboration with Hon ble High Court of H.P. and National Judicial Academy, Bhopal. Three-day Advance Course on Civil & Criminal Adjudication and Appreciation of Evidence for the Additional District & Sessions Judges Three-day Course on Court Management, Case Management and Appreciation of Evidence for the Civil Judges (Senior and Junior Division) Three-day Orientation Training Programmes on Office Procedures and Financial Rules for the ministerial staff working in the Subordinate Courts Three-day Refresher Courses on Service and Execution of Processes for the Naib Nazirs, Civil Nazirs, Bailiffs & Process Servers working in the Subordinate Courts Three-day Course on Office Administration and Service Matters for the Superintendents, Readers and Senior Assistants of Subordinate Courts Three-day Training Programmes on Ubuntu-linux & LibreOffice-Writer/ Calc 4.2 for the ministerial staff working in the Subordinate Courts Three-day Training Programmes on Ubuntu-linux & LibreOffice-Writer/ Calc 4.2 for the Officers/Officials of the Registry of Hon ble High Court Two-day Training Programme on Juvenile for the members of Juvenile Boards Three-day Orientation Training Programme on Juvenile, Protection of Children from Sexual Offences, Child Labour and Right to Education for the Members of District Child Protection Units Implementation of Paperless working The Judicial Academy is making all efforts to implement the paperless working. With this aim, the Academy is sending all the letters, reading material, I.L.R. (H.P. Series) to the Judicial Officers of the State of Himachal Pradesh through . The Judicial Academy is also uploading the reading material, audio/ video lectures, important judgments of Hon ble Supreme Court & Hon ble High Court and important articles on the website of the Judicial Academy, which can be viewed/ listened by the Judicial Officers. Help Desk in the website of the Academy The Judicial Academy has launched the Help Desk in the website of the Academy to provide a platform to the judicial officers to share their knowledge and experience to help others in

235 235 effective discharge of their duties. The judicial officers will also have an opportunity to ask the questions, if any, through the Help Desk, which will be answered by the Judicial Academy. Ever since its inception, H.P. Judicial Academy has always tried to organize trainings, workshops and conferences according to the need of the hour and also on the burning issues, which are needed not only to sensitize the Stakeholders but also to create public awareness. Judicial Academy under the dynamic leadership of Hon ble the Chief (Hon ble Patron of Judicial Academy) and the Hon ble President of Judicial Academy and also with the blessings of all other Hon ble Judges of the Hon ble High Court of Himachal Pradesh, is moving ahead with the determination to achieve the cherished goals of the Academy. Himachal Pradesh Academy during the period from to has organised various training programmes for the Judicial Officers, ministerial staff of the State Judiciary and also for the officers/ officials of the State Government discharging judicial and quasi-judicial functions. The Calendar depicting the training programmes conducted during the above mentioned period is as under: Sl. No Trainings/Workshops Training Programme on Ubuntu-Linux & LibreOffice-Writer/Calc 4.2 for the Ministerial Staff working in Civil & Sessions Divisions, Kangra & Kullu Course on Office Administration and Service Matters for the Ministerial Staff working in Civil & Sessions Divisions, Shimla, Solan, Mandi & Bilaspur Course on Juvenile, Protection of Children from Sexual Offences, Child Labour and Right to Education for the Members of Child Welfare Committees Training Programme on Ubuntu-Linux & LibreOffice-Writer/Calc 4.2 for the Ministerial Staff working in Civil & Sessions Divisions, Kangra & Kullu Orientation Training Programme on Juvenile. Protection of Children from Sexual Offences, Child Labour and Right to Education for the Members of Child Welfare Committees Training Programme on Ubuntu-Linux & LibreOffice-Writer/Calc 4.2 for the Ministerial Staff working in Civil & Sessions Divisions, Kangra & Kullu From Period To Venue No. of particip ants Academy Academy Academy Academy Academy Academy 15

236 Course on Office Administration and Service Matters for the Ministerial Staff working in Civil & Sessions Divisions, Shimla, Solan, Mandi & Bilaspur Academy 19 Change Management- Ubuntu Linux Training Programme for the Academy 14 Judicial Officers Orientation Training Programme on Juvenile, Protection of Children from Sexual Offences, Child Labour and Academy 15 Right to Education for the Members of Child Welfare Committees Training Programme on Ubuntu-Linux & LibreOffice-Writer/Calc 4.2 for the Ministerial Staff working in Civil & Academy 15 Sessions Divisions, Mandi & Kinnaur Training Programme on Ubuntu-Linux & LibreOffice-Writer/Calc 4.2 for the Ministerial Staff working in Civil & Academy 15 Sessions Divisions, Kangra & Kullu Training Programme on Ubuntu-Linux & LibreOffice-Writer/Calc 4.2 for the Ministerial Staff working in Civil & Academy 15 Sessions Divisions, Kangra & Kullu Course on Office Administration and Service Matters for the Ministerial Staff working in Civil & Sessions Divisions, Academy 22 Shimla, Solan, Mandi & Bilaspur Training in CIS 2.0 to the System Administrators and Members of the Technical Manpower in Subordinate Academy 13 Courts of Himachal Pradesh Total 229 Statistical data of trainings organized by the Academy The statistical data of training programmes organized by the Academy during the period from to , is as follows:- Type of Training No. of events organized No. of participants imparted training Orientation/ Advance Courses/ Judicial Colloquium/ 1 14 Conferences/ Workshops for the Judicial Officers Orientation/ Refresher Training Programmes for the ministerial staff of Subordinate Courts Orientation/ Refresher Training Programmes for the 3 51 Functionaries of the State Government discharging quasijudicial functions Total

237 237 Types of Trainings/Workshops/Conferences organized Two-day Change Management- UBUNTU LINUX Training Programmes for the Judicial Officers. Three-day Course on Office Administration and Service Matters for the Superintendents, Readers and Senior Assistants of Subordinate Courts. Training Programmes on Ubuntu-Linux & LibreOffice-Writer/Calc 4.2 for the Ministerial Staff working in Subordinate Court. Three-day Orientation Training Programme on Juvenile, Protection of Children from Sexual Offences, Child Labour and Right to Education for the Members of Child Protection Unit. Course on Juvenile, Protection of Children from Sexual Offences, Child Labour and Right to Education for the Members of Child Welfare Committees. Training in CIS 2.0 to the System Administrators and Members of the Technical Manpower in Subordinate Courts of Himachal Pradesh. Nomination of Judicial Officers for attending the Conferences/ Workshops: The judicial officers of the State of Himachal Pradesh are also being nominated to attend the trainings/conferences/ workshops at National Judicial Academy, Loknayak Jayaprakash Narayan, National Institute of Criminology and Forensic Science and other Academies/ Institutions, from time to time. Quarterly Report of H.P. Judicial Academy w.e.f to Himachal Pradesh Academy has organized various Orientation/ Advance Courses/ Workshops/ Conferences for the Judicial Officers and ministerial staff of the State Judiciary. The Calendar depicting the orientation/refresher trainings/ workshops/ conferences conducted is as follows: S. Trainings/Workshops Period Venue No. of No. From To participants 1 Training in CIS 2.0 to the Academy 15 System Administrators and Members of the Technical Manpower in Subordinate Courts of Himachal Pradesh 2 Training Programme on Academy 15 Ubuntu-Linux & LibreOffice-Writer/Calc 4.2 for the Ministerial Staff working in

238 238 S. Trainings/Workshops Period Venue No. of No. From To participants Subordinate Courts of Himachal Pradesh 3 Course on Court Management, Academy 20 Case Management and Appreciation of Evidence for the Civil Judges (Senior and Junior Division) 4 Training in CIS 2.0 to the Academy 14 System Administrators and Members of the Technical Manpower in Subordinate Courts of Himachal Pradesh 5 Conference on Mediation for the Judicial Officers 6 Course on Court Management, Case Management and Appreciation of Evidence for the Civil Judges (Senior and Junior Division) 7 Training Programme on Ubuntu-Linux & LibreOffice-Writer/Calc 4.2 for the Ministerial Staff working in Subordinate Courts of Himachal Pradesh 8 Course on Court Management, Case Management and Appreciation of Evidence for the Civil Judges (Senior and Junior Division) 9 Training Programme on Ubuntu-Linux & LibreOffice-Writer/Calc 4.2 for the Ministerial Staff working in Subordinate Courts of Himachal Pradesh High Court of H.P. 112 Judicial Officers, 7 Law Teachers & 22 students Academy Academy Academy Academy Training in CIS 2.0 to the System Administrators and Members of the Technical Manpower in Subordinate Courts of Himachal Pradesh 11 Course on Office Administration and Service Matters for the Ministerial Staff working in Subordinate Courts of Himachal Pradesh Academy Academy 25

239 239 S. Trainings/Workshops Period Venue No. of No. From To participants 12 Training Programme on Academy 15 Ubuntu-Linux & LibreOffice-Writer/Calc 4.2 for the Ministerial Staff working in Subordinate Courts of Himachal Pradesh 13 Course on Office Procedure Academy 21 and Fundamental Legal Concepts for the Civil Judges (Senior and Junior Division) 14 Training in CIS 2.0 to the Academy 15 System Administrators and Members of the Technical Manpower in Subordinate Courts of Himachal Pradesh 15 Training Programme on Academy 15 Ubuntu-Linux & LibreOffice-Writer/Calc 4.2 for the Ministerial Staff working in Subordinate Courts of Himachal Pradesh 16 Course on Court Management, Academy 20 Case Management, Land Acquisition Act, Motor Vehicles Act and the Scheduled Castes and Scheduled Tribes (POA) Act for the District Judges and Additional District Judges 17 Training Programme on Academy 15 Ubuntu-Linux & LibreOffice-Writer/Calc 4.2 for the Ministerial Staff working in Subordinate Courts of Himachal Pradesh 18 Training in CIS 2.0 to the Academy 17 System Administrators and Members of the Technical Manpower in Subordinate Courts of Himachal Pradesh Total 439 Induction training programme for the newly appointed Civil Judges (Junior Division) has been started w.e.f which is being attended by 7 officers. Statistical data of trainings organized by the Academy The statistical data of training programmes organized by the Academy during the quarter from to , is as follows:- Type of Training No. of events No. of participants

240 240 Orientation/ Advance Courses/ Judicial Colloquium/ Conferences/ Workshops for the Judicial Officers (Judicial Officers=221, Law Teachers= 7 and Law Students=22) Orientation/ Refresher Training Programmes for the ministerial staff of Subordinate Courts organized imparted training Total Types of Trainings/Workshops/Conferences organized Induction Training Programme for the newly appointed Civil Judges (Junior Division) One-day Conference on Mediation for the Judicial Officers of the State of Himachal Pradesh Three-day Course on Court Management, Case Management, Land Acquisition Act, Motor Vehicle Act, and the Scheduled Castes and Scheduled Tribes (POA) Act for the District Judges and Additional District Judges Three-day Courses on Court Management, Case Management and Appreciation of Evidence for the Civil Judges (Senior and Junior Division) Three-day Course on Office Procedure and Fundamental Legal Concepts for the Civil Judges (Senior and Junior Division) Three-day Courses on Office Administration and Service Matters for the Superintendents, Readers and Senior Assistants of Subordinate Courts Training Programmes on Ubuntu-Linux & LibreOffice-Writer/Calc 4.2 for the Ministerial Staff working in Subordinate Courts Trainings in CIS 2.0 to the System Administrators and Members of the Technical Manpower in Subordinate Courts of Himachal Pradesh Nomination of Judicial Officers for attending the Conferences/ Workshops: The judicial officers of the State of Himachal Pradesh are also being nominated to attend the trainings/conferences/ workshops at National Judicial Academy, Loknayak Jayaprakash Narayan, National Institute of Criminology and Forensic Science and other Academies/ Institutions, from time to time. Construction of Judicial Academy Campus at Ghandal The Construction of Phase-I of Himachal Pradesh Judicial Academy campus at Ghandal is in full swing and the construction work of Hostel Block has been completed. The Hostel Block of Himachal Pradesh Judicial Academy was inaugurated by His

241 241 Lordship, Hon ble Mr. T.S. Thakur, Chief of India, in the august presence of Shri Virbhadra Singh, Hon ble Chief Minister, Himachal Pradesh, Hon ble Mr. Mansoor Ahmad Mir, Chief, High Court of Himachal Pradesh and Hon ble Mr. Rajiv Sharma, Judge, High Court of Himachal Pradesh (Hon ble President of Himachal Pradesh Judicial Academy) on 19 th August, Shri Kaul Singh Thakur, Hon ble Minister for Health & Family Welfare, Revenue, Law & Legal Remembrance and Medical Education, Himachal Pradesh, Hon ble Mr. Sanjay Karol, Hon ble Mr. Dharam Chand Chaudhary, Hon ble Mr. P.S. Rana, Hon ble Mr. Thakur, Hon ble Mr. Vivek Singh Thakur, Hon ble Mr. Ajay Mohan Goel, Hon ble Mr. Sandeep Sharma and Hon ble Mr. Chander Bhusan Barowalia, Hon ble Judges of the High Court and many other distinguished guests graced the occasion. The construction of Administrative Block and Staff Hostel is also in full swing and nearing completion. Place of Functioning of Academy: Himachal Pradesh Judicial Academy has shifted to its new campus at Ghandal and has started functioning from its headquarters at Ghandal, P.O. Shakrah, Sub Tehsil Dhami, District Shimla (Himachal Pradesh). Quarterly Report of H.P. Judicial Academy w.e.f to Detail of Trainings organized by the Himachal Pradesh Judicial Academy during the quarter from to Himachal Pradesh Academy has organized various Orientation/ Advance Courses/ Workshops/ Conferences for the Judicial Officers and ministerial staff of the State Judiciary. The Calendar depicting the orientation/refresher trainings/ workshops/ conferences conducted is as follows: S. No. Trainings/Workshops Period Venue No. of participants From To Academy 15 1 Training Programme on Ubuntu-Linux & LibreOffice-Writer/Calc 4.2 for the Ministerial Staff working in Subordinate Courts of Himachal Pradesh

242 242 2 Training Programme on Ubuntu-Linux & LibreOffice-Writer/Calc 4.2 for the Ministerial Staff working in Subordinate Courts of Himachal Pradesh 3 Course on Office Procedure and Fundamental Legal Concepts for the Civil Judges (Senior and Junior Division) 4 Training Programme on Ubuntu-Linux & LibreOffice-Writer/Calc 4.2 for the Ministerial Staff working in Subordinate Courts of Himachal Pradesh 5 Course on Office Procedure and Fundamental Legal Concepts for the Civil Judges (Senior and Junior Division) 6 Course on Court Management, Case Management, Land Acquisition Act, Motor Vehicles Act and the Scheduled Castes and Scheduled Tribes (POA) Act for the District Judges and Additional District Judges 7 Training Programme on Ubuntu-Linux & LibreOffice-Writer/Calc 4.2 for the Ministerial Staff working in Subordinate Courts of Himachal Pradesh 8 Training Programme on Ubuntu-Linux & LibreOffice-Writer/Calc 4.2 for the Ministerial Staff working in Subordinate Courts of Himachal Pradesh 9 Training Programme on Ubuntu-Linux & Academy Academy Academy Academy Academy Academy Academy Academy 15

243 LibreOffice-Writer/Calc 4.2 for the Ministerial Staff working in Subordinate Courts of Himachal Pradesh 10 Course on Office Academy 23 Procedure and Fundamental Legal Concepts for the Civil Judges (Senior and Junior Division) 11 Training Programme on Academy 14 Ubuntu-Linux & LibreOffice-Writer/Calc 4.2 for the Ministerial Staff working in Subordinate Courts of Himachal Pradesh 12 Training Programme on Academy 14 Ubuntu-Linux & LibreOffice-Writer/Calc 4.2 for the Ministerial Staff working in Subordinate Courts of Himachal Pradesh 13 Training Programme on Academy 15 Ubuntu-Linux & LibreOffice-Writer/Calc 4.2 for the Ministerial Staff working in Subordinate Courts of Himachal Pradesh Total Induction training programme for the newly appointed Civil Judges (Junior Division) which was attended by 7 officers. Induction training programme for the newly appointed Civil Judges (Junior Division) has been started w.e.f which is being attended by 2 officers. Statistical data of trainings organized by the Academy The statistical data of training programmes organized by the Academy during the quarter from to , is as follows:-

244 244 Type of Training No. of events organized No. of participants imparted training Orientation/ Advance Courses/ Judicial Colloquium/ Conferences/ Workshops for the Judicial Officers Orientation/ Refresher Training Programmes for the ministerial staff of Subordinate Courts Total Types of Trainings/Workshops/Conferences organized Induction Training Programmes for the newly appointed Civil Judges (Junior Division) Three-day Course on Court Management, Case Management, Land Acquisition Act, Motor Vehicle Act, and the Scheduled Castes and Scheduled Tribes (POA) Act for the District Judges and Additional District Judges Three-day Course on Office Procedure and Fundamental Legal Concepts for the Civil Judges (Senior and Junior Division) Training Programmes on Ubuntu-Linux & LibreOffice-Writer/Calc 4.2 for the Ministerial Staff working in Subordinate Courts Nomination of Judicial Officers for attending the Conferences/ Workshops: The judicial officers of the State of Himachal Pradesh are also being nominated to attend the trainings/conferences/ workshops at National Judicial Academy, Loknayak Jayaprakash Narayan, National Institute of Criminology and Forensic Science and other Academies/ Institutions, from time to time. *****

245 245 CHAPER-7 STATUS OF COMPUTERIZATION OF HIGH COURT AND DISTRICT SUBORDINATE COURTS Introduction: (updated as on ) High Court of Himachal Pradesh has taken various steps for its own computerization and of District and Subordinate Courts in Himachal Pradesh in terms of the National Policy and Action Plan prepared by the e-committee and otherwise also. 1). The work of computerization in the High Court of H.P. was started in March, 1994 under the auspices of the National Informatics Centre (N.I.C.), Government of India. 2). At the very beginning, one Computer System with 32 terminals was provided in the High Court. 3). Subsequently, one more Pentium (Pro) computer and one Pentium-3 Computer systems were added. 4). Later on 20 more terminals were also added and equal number of printers were also provided. 5). Subsequently more Personal Computers were also added and other computer infrastructure was also provisioned. 6). Ninety five (95) Slim Clients, 95 UPSs and 50 H.P. Laser Jet printers along with other computer hardware have been purchased in the High Court of H.P under the e-courts project in the year which has considerably upgraded the computer infrastructure in High Court of H.P. 7). Twenty one (21) desktop PCs of latest configuration have also been purchased in the year 2013 for further up-gradation of the computer infrastructure in High Court of H.P. 8). Thirty Three (33) Desktop PCs. (Including 12 Nos. PC s for Digitization / Scanning) and 13 Printers have also been purchased during the financial year 2014, with a view to further upgrade the Computer infrastructure in the High Court of H.P. 9). In order to make further addition in the Computer infrastructure in High Court of Himachal Pradesh, 30 All-in-one Desktop PCs and 13 Laser jet Printers were purchased in the year 16 th June, 2015

246 246 10). One SAN Storage of 10 TB has been purchased in March, 2016 for a consideration of Rs. 27,49,320/- (Rs. Twenty Seven Lacs Forty Nine Thousand Three Hundred and Twenty only) for use in High Court of H.P. and the same has been installed. 11). Old Desktops installed in High Court of H.P. and Subordinate Courts, which were having less RAM have been upgraded upto 2 GB RAM. 12). Case Management Information System (CMIS) was implemented in the High Court of H.P. in May/June, 2013 which is based on LAMP (Linux, Apache, My SQL and PHP) platform. It has replaced the earlier LOBIS (List of Business Information System) which was based on FoxBASE technology. 13). CMIS provides the facilities for Filing, Updation, Court Updation, Cause lists, Query, Reports, Misc., Administrator login and digitization of Court record. Details of pending cases are being entered in the same. By using the Query Menu, details of the cases can be retrieved party wise, case number wise, advocate name wise, etc. It also provides the facilities of Affidavit Query, Certified Copy Query, Caveat Query, Order Query, Year-wise Query and Advocate wise Query. 14). Two websites one internal and one on-line are being maintained in High Court of Himachal Pradesh. 15). The internal web site, which is accessible on the LAN of the High Court, provides the facilities of History of High Court of H.P, Judges Profile, Announcements, Cause lists, Case Status, Judgments /Orders besides Calendar, Handbook on Mediation, Telephone Directory, Rules & Recruitment Results etc. Screen Shot of Internal Website High Court of H.P. Screen Shot of External Website of High Court of Himachal Pradesh (

247 247 Online web site of the High Court of H.P., provides on the Home Page itself:- 1). The history of High Court of Himachal Pradesh; 2). Profiles of Hon'ble sitting and former Chief s and Hon'ble Judges of the High Court of H.P.; 3). Profiles of Registrar General, Other Registrars and Central Project Coordinator; 4). Administrative set up of High Court of Himachal Pradesh; 5). Announcements; 6). Related links; 7). Contact details; 8). Cause-lists; 9). Orders/Judgments; 10). Case Status; 11). High Court Rules; 12). Recruitments/Results; 13). Tenders; 14). Information required to be provided under the Right to Information Act; 15). Information about CMIS; 16). Telephone Directory; 17). Calendars; 18). Gazette Notifications; 19). Information relating to Subordinate Courts;

248 248 20). Handbook on Mediation; 21). Offline Case Filing Module; 22). Live Digital Display System about the cases being taken up before the Hon ble Courts; 23). Facility of downloading the Android Application for accessing information on Digital Display system through Android based smart phones; 24). Common Objections; 25). Objection Module has been upgraded with information on proposed date of supply of copy and has been integrated with SMS Service to Advocates; 26). Certified Copy ready Module; 27). Common forms used in High Court of Himachal Pradesh; and 28). Link for Case Status Mobile App. 29). The Home page of the on-line web site also provides a map of the Civil & Sessions Divisions in H.P. and merely on clicking any particular Civil and Sessions Division, one is straightaway directed to the website of that particular Civil & Sessions Division and such person can access the information available on the website of the particular Civil & Sessions Division. 30). Grievance Redressal and Suggestion Mechanism. A facility of searching the Orders/Judgments is available on the external website on the basis of:- 1). Case Number wise; 2). Coram wise; 3). Party wise; 4). Advocate wise; 5). Period wise; 6). Act/Rule wise; 7). Free text search, 8). Full Bench Search. 9). Facility of filtration of reported/unreported Judgments is also available. 10). Interim orders and judgments are being uploaded on the web site of High Court of Himachal Pradesh from where these can be downloaded by the parties.

249 249 Screen Shot of Orders/Judgment & Free Text Search Module. SMS and messages: At different stages of the cases, auto generated SMS & alerts are sent to the Advocates and parties, if they have got registered their addresses and mobile telephone numbers in the CMIS. Modern Digital Display System in High Court 1). Modern Digital Display System has been installed in High Court of Himachal Pradesh, for live Display of the cases being taken up before the Hon ble Courts for the convenience of the Advocates and litigants with facility of simultaneous display of such information on the website of High Court and Smart phones with android applications. 2). Modern Digital Display System is also having facility of display of messages about mediation during the period when the Hon ble Courts are not sitting. 3). Digital Display Boards in two sizes (32 inches display - 23 Nos & 52 inches display - 10 Nos) have been installed at various locations v.i.z., inside & outside the Court Rooms, Corridors, Reception Area, Bar Room, Canteen and Judicial Branch (New Administrative Block).

250 250 Modern Digital Display System in the High Court Chief s Court Outside Court No -5 Display in Android based Mobile Phone In the Corridor At the Main entrance of Court Building Digital Signature Certificates The Digital Signatures Certificates for Hon ble Judges in High Court of H.P have been purchased from M/s Sify Technologies (except three (3) Hon ble Judges of High Court of H.P). The Digital Signatures Certificates for Class-I & II Officers/ Officials of High Court of Himachal Pradesh have also been purchased and shall be used for procurement and other purposes etc. Video Conferencing 1). Video conferencing Unit has also been set up at the High Court level, which is extensively being used for video conferencing with Hon'ble Supreme Court of India, National Legal Services Authority and the Presiding Officers of the Subordinate Courts etc. 2). Document Presenter has also been installed in the VC Unit in High Court of Himachal Pradesh paving the way for using such V.C. Units for recording of evidence through Video Conferencing. SAN Storage Since, present storage capacity of Computer Server of the High Court of Himachal Pradesh was likely to be over, hence, one SAN storage of 10 TB capacity alongwith SAN switches has been purchased by the High Court of H.P. at a cost of Rs. 27,49,320/- from M/s. HPSEDCL and the same has been installed. Leased Line Facility at High Court of Himachal Pradesh Prior to 2013, there were only two leased line circuits of two Mbps each, in order to cater to the needs of the High Court of H.P., but the same were highly deficient, hence, in the year, 2013, a

251 251 leased line of 20 Mbps on OFC has been made operational here, whereas other two leased lines of 4 Mbps are being used as backup line to the main line of 20 Mbps leased line. Kio sks for Display of Case Status & Cause Lists etc. Two Kiosks, one in the Bar Room of High Court of Himachal Pradesh and one at the main entrance of Court Building have been installed, which provide information as follows: 1). Case Information; i. Case Number wise; ii. Party wise; iii. Advocate wise. 2). Get Filing Number; 3). Upload Query; 4). Cause Lists; 5). Office Information. Screen shot of Home Page of the Kiosk Digitization / Scanning in High Court of H.P 1). An amendment being Second Amendment of 2013 has been carried out in Himachal Pradesh High Court (Scrutiny, Maintenance of Judicial Records, Administrative and Executive Business) Rules, paving the way for scanning/digitization of Court record of the High Court of H.P.

252 252 2). Twelve (12) High Speed Scanners (Kodak IL 420) and twelve (12) Desktop PCs. with latest configuration have been purchased for a total consideration of Rs. 24,44,760/- for use in the digitization/scanning project. 3). Two officials of the High Court, having computer knowledge, were sent to Hon'ble Bombay High Court for getting training in scanning/digitization of Court record. They along with other officials have been engaged in the scanning/digitization of the court record and they have scanned 8,83,663 pages & 16,821 files, as on ). A Document Management System borrowed from Hon ble Bombay High Court has been customized for the purpose of scanning and digitization and the scanned / digitized record is being stored in the same.

253 253 5). Efforts were also made to outsource the scanning/digitization work to a private vendor and the tenders were floated twice for this purpose but due to high cost of the D.M.S., finally the project could not take off and now the efforts shall be made for outsourcing the manpower for scanning/ digitization work or in the alternative to float the tenders for outsourcing of the work of Scanning/ Digitization of Court record, because it is not possible to spare sufficient manpower for this purpose from the existing staff. However, Conference held on , in Allahabad High Court, further steps are also being taken for the outsourcing of the work of Scanning/Digitisation of Court Records. Converting High Court Library into e-library As a pre-cursor to converting High Court Library into e-library, KOHA has been implemented & so far 7,091 text books have been entered in KOHA, Open Source Integrated Library System, till , by the Library Section of this Registry.

254 254

255 255 Inventory Software 1). Inventory software has been customized as per the need and requirement of High Court of Himachal Pradesh by the officials of the N.I.C. Unit of High Court of H.P. and the same is under testing stage & likely to be inaugurated soon. 2). It will prove to be very useful in maintaining the proper inventory of the computer hardware and other store items etc. Citizen Centric Services as available on the website of High Court. 1). The following citizen centric services are being provided to the Advocates and general public by the High Court of H.P. through High Court Website etc: Sl. No. Citizen Centric Services being provided by High Court of H.P. 1. Case Status; 2. Availability of cause list on internet; 3. Court Orders / Judgments 4. Live Digital Display System about the cases being taken up before the Hon ble Courts 5. Android Application for accessing information on Digital Display system through Android based smart phones 6. R.T.I. Information; 7. Public Notices etc; 8. Common Objections; 9. Objection Module whereunder System generated scrutiny objections are conveyed to the Advocates through SMS and ; 10. Certified Copy ready Module whereunder system generated Certified copy ready status is being sent through and SMS to all the Advocates and litigants, if mobile numbers and ids are got registered by them. 11. Common forms used in H.P. High Court; 12. Case Status Mobile App. 13. Offline Case Filing Module; 14. Web based Grievance Redresses and Suggestions Mechanism. 15. Mediation messages on the Digital Display Boards 16. Kiosks in Bar Room and main entrance of Court building providing different information about courts cases. 17. SMS Services 18. Web based e-court fee System. E-Court Fee System in High Court of Himachal Pradesh & Subordinate Courts The Government of H.P. has already amended H.P. Court Fee Act and also framed e-stamping Rules, 2015 besides entering into an agreement with SHCIL. The e-court Fee System in High Court of Himachal Pradesh has already been inaugurated. Efforts are also being made to introduce e-court fee system in the District Courts at Chakkar, Shimla. Providing of Law Suit Software

256 256 1). 152 Licences of Law Suit Software, which has a facility of automatic online updation, have been purchased from M/s Levons Technologies, Ahmedabad, Gujarat and provided to Hon'ble the Chief, Hon'ble Judges of High Court of Himachal Pradesh and the Judicial Officers in the State of H.P. 2). This software covers more than 180 Law Journals besides having the facility of Central as well as State Legislations. 3). It is a handy tool for Hon'ble the Chief, Hon'ble Judges and the Judicial Officers to seek legal assistance on various statutes and decided cases. Creation of Cadre of Information Tech. Staff 1). The Government of Himachal Pradesh has created 13 posts of Technical Manpower (one post of Computer Programmer and 12 posts of Assistant Programmers) on contract basis and Rules with regard to the recruitment and promotion for filling up aforesaid posts have been framed one (1) post of Computer Programmer in High Court of H.P. & 12 posts of the Assistant Programmers (one each in Districts Courts and one in High Court) have been filled up, to attend the technical work. 2). The matter with regard to creation of more Technical/ Non- Technical posts is pending with the Government of Himachal Pradesh, Shimla. Mobile Applications : 1). Android Based Mobile Application for the High Court of H.P. has been developed by the State NIC with High Court of Himachal Pradesh NIC Unit and Computer Branch of High Court of Himachal Pradesh. The said application is having following features: i) Case Search Facility based on: (a.) Case Number (b.) Party's Name (c.) Lawyer's Name ii) Unique facility of storage of case information details and viewing the same in Offline mode. iii) Facility of downloading Orders/Judgments iv) Automatic alerts for next date of listing in respect of cases saved with the aid of the App. v) Facility of adding more cases in the tally of saved cases and also for alerts. vi) Causelists. vii) Digital Display Boards.

257 257 viii) This App is very useful for Litigants and Lawyers. 2). NIC Unit of High Court of Himachal Pradesh, State NIC Centre and Computer Branch of High Court of Himachal Pradesh have also developed Mobile Application on Personal Management Information System (PMIS) of the Judicial Officers, Officers/ Officials of High Court of Himachal Pradesh and commissioned. 3). Personal Management Information System (PMIS) has been implemented in High Court of Himachal Pradesh & the same is likely to be implemented in District & Subordinate Courts. 4). Web based Grievance Redressal and Suggestions Mechanism has been developed and commissioned. COMPUTERIZATION OF DISTRICT COURTS Computer Hardware(under e-courts Project, Phase-I): Under the National Action Plan for Computerization (Phase-I of e-courts Project) as framed by Hon'ble e-committee, Supreme Court of India, 100 Subordinate Courts have been computerized whereas LAN was laid in 101 Court Rooms. Under Phase- II of the e-courts Project, additional hardware to the 100 covered courts and new hardware to 49 uncovered courts has been provided. Digital Signature Certificates The Digital Signatures Certificates for all the Judicial Officers in Himachal Pradesh have been purchased from M/s Sify Technologies (except newly appointed Judicial Officers). The guidelines for optimum use of Digital Signatures Certificates for Judicial Officers are also being prepared. Leased line connectivity: Leased line connectivity has been provided in ten (10) headquarters of Civil & Sessions Divisions out of total eleven (11) Civil & Sessions Divisions. Leased line could not be provided at Civil & Sessions Division, Shimla, as the necessary computer infrastructure was not provided here under Phase-I of the e-courts Project. Process Re-Engineering 1). In compliance to the directions of Hon ble e-committee, Supreme Court of India, two Committees have been constituted to carry out the work of Process Re-engineering to reorganize, restructure and simplify the processes and procedures to make them more litigant friendly and to speed up the disposal of cases. 2). The Process Re-engineering Report has already been submitted to Hon ble e-committee, Supreme Court of India, New Delhi vide communication dated and such

258 258 report has been graded as excellent by Hon ble e-committee vide demi official letter dated ). On the basis of observations made by Hon ble Mr. Madan B. Lokur, in his Lordship s demi official letter dated , the exercise for amendment of the relevant Rules as per the Process Re-engineering Report is almost at the final stage and the same were exhibited in a Workshop on Process Re-Engineering exercise of the Registrars General of High Courts and Law Secretaries of States, held on 11 th June, 2016 in Vigyan Bhawan, New Delhi. 4). Vide DO letter dated received from Hon ble Mr. Madan B. Lokur, Judge, Hon ble Supreme Court of India, New Delhi, 2 to 4 chapters in total of the civil court and criminal court rules has been directed to be drafted by each High Court for preparation of Model Rules and the Rules on the topics allotted to High Court of Himachal Pradesh have been drafted by Worthy Registrar General and Worthy Registrar (Rules), High Court of Himachal Pradesh and have been sent to Hon ble e-committee and the same have been amended vide notification dated Drupal Template: Web sites have been launched in Drupal Template at the headquarters of all the eleven Civil & Sessions Divisions wherein various information & citizen centric services are being provided to the Advocates & general public. Certified Copy Status Report and Pendency Reports are being generated from CIS.

259 259 Screen shot of the Home page of the Website of District Courts, Shimla. Case Information System (CIS): The Case Information System (C.I.S Pune Version) has been implemented in all the 100 computerized Courts, (90 Court Establishments as per NJDG) of District & Subordinate Courts in Himachal Pradesh. Migration of Data to CIS 2.0: The exercise for migration of Data from C.I.S. 1.0 (Pune Version) to C.I.S. 2.0 N.C. version has been successfully completed and the data has also been replicated on NJDG at all the locations in Himachal Pradesh. Upgradation of RAM: In 79 Desktop PCs installed in the Distirct & subordinate Courts in H.P., which were having lesser RAM, have been upgraded upto 2 GB RAM.

260 260 Citizen Centric Services as available on the website of District Courts: 1). Various citizen centric services such as auto generation of cause list and its availability on the internet, case status, availability of copies of orders and judgments on the internet, autogeneration of filing receipts etc. are being provided to the litigating public before the Courts Subordinate to the High Court of Himachal Pradesh, where computerization has been done under Phase-II of the e-courts Project. 2). It is the mandate of e-courts Mission Mode Project to provide following 28 Citizen Centric Service to the litigant public: Sl. No CITIZEN CENTRIC SERVICES 1. Filing at Judicial Service Center and generation of Receipt containing filing number. 2. Scrutiny objections on the District Court website. 3. Push SMS and facility on filing, registration, listing and disposal of case. 4. Single Window at JSC for filing of process fee and collection of dasti summons. summons can be generated in E-Filing Cases. 5. Only date of framing of issues is to be reflected. Framing of issues is to be done by Ld. Judge. 6. Copies of Oral Evidence to be uploaded on Website, which can be downloaded by Lawyers/ Parties after using login and password for their cases. 7. Template for writing judgments giving name of court, title, name of parties and date of filing of case 8. Judgments are to be stored in the Server, which can be accessed by authorised persons from Court or Copying Agency etc. 9. Judgment on Internet Website with search facility. 10. Forms for generation of statements, reports and the registers in the prescribed format (abiding by the statutory requirement) to be made available on Intranet (LAN) 11. Automatic Caveat Checking 12. Cause List on Internet (with Searchable Fields) 13. Court Diaries and Court Calendars to be generated automatically. 14. Performance Assessment Reports to be generated on set parameters accessible to the Judge himself and his 15. inspecting judges. Case Status on Internet: 1. Case number 2. Case Title 3. Advocate name 4. Court Location of Court 6. Next date of hearing 7. Purpose of listing 8. How many times listed for same purpose? 9. Lower Court details, if matter is pending in higher court. 10. If matter is pending in lower court then information as to whether any appeal /revision has been filed against an order/judgment. 17. Orders are to be stored in the Server, which can be accessed by authorised persons from Court or Copying Agency etc. 18. Daily Orders on Internet Website. 19. Website for each District Court 1. Websites for each district court. Templates to be designed by NIC.

261 Updation and customization should be user friendly. 3. Court Forms, requirements and sample pleadings for litigants and lawyers on Website. 4. Judges on Leave information on District Court Website with details about Courts handling his/her cases. 5. List of Police stations with concerned Courts to which those police stations are attached. 6. Information regarding pecuniary and territorial jurisdiction of courts. 7. Information on Section/Act wise punishment and bailable/ non-bailabe. Appointment of Court Commissioners and filing of Reports by them. Accounting software (In periphery) to take care of expenses incurred and commission fee paid Complete Court Fee structure on the district court website Applying and supplying of Certified Copies at JSC with status on the District Court Website. 25. Written Statement Filing Date/ Status on the Internet. 26. LAN based Enquiry Kiosks at Court Complexes and web-based Kiosks at other important places in districts/ Talukas. 27. SMS & IVRS Enquiry Facility 28. Digitally signed release/bail orders /stay orders be sent to Jails/departments to ensure immediate compliance. 3). A network of different Citizen Centric Services has been created in the Courts Subordinate to the High Court of Himachal Pradesh, Sl. No. wise detail whereof is given here-in-under Court Complex wise, as on : SN Court Complex Judicial District No of Citizen Name Services Started Citizen Centric Services Started 1 Bilaspur. 14 1,3,4,6,7,8,9,10,11,15,16,17,18,21 Bilaspur 2 Ghumarwin. 13 1,4,6,7,8,9,10,11,15,16,17,18,21 3 Chamba. 13 1,3,6,7,8,10,11,15,16,17,18,21,25 Chamba 4 Dalhousie. 12 1,6,7,8,10,11,15,16,17,18,21,25 5 Hamirpur. 15 1,3,4,6,7,8,9,10,11,13,15,16,17,18,21 6 Barsar. Hamirpur 14 1,4,6,7,8,9,10,11,13,15,16,17,18,21 7 Nadaun. 0 0 (Not covered under e-courts Project) 8 Dharamshala. 13 1,2,3,4,7,8,10,11,13,15,16,17,18,23 9 Kangra. 13 1,2,4,7,8,10,11,13,15,16,17,18,23 10 Dehra. 13 1,2,4,7,8,10,11,13,15,16,17,18,23 11 Palampur. 13 1,2,4,7,8,10,11,13,15,16,17,18,23 Kangra 12 Nurpur. 0 0 (Not covered under e-courts Project) 13 Baijnath. 13 1,2,4,7,8,10,11,13,15,16,17,18,23 14 Jawali. 13 1,2,4,7,8,10,11,13,15,16,17,18,23 15 Indora. 13 1,2,4,7,8,10,11,13,15,16,17,18,23 Kinnaur at 16 Rampur. Kinnaur at 14 1,3, 6, 7, 8, 11,13, , 16, 17, 18,21,25 17 Reckong Peo. Rampur 13 1,6,7, 8, 11, 13,14, 15, 16, 17,18,21,25 18 Anni. 13 1,6,7,8,11,13,14,15,16,17,18,21,25, 19 Kullu. 15 1,3,6,7,8,9,10,11,12,13,15,16,17,18,25 Kullu 20 Manali. 13 1,6,7,8,9,10,11,12,13,15,16,17,25

262 Keylong 0 0 (Not covered under e-courts Project) 22 Mandi. 15 1,3,4,6,7,8,10,11,13,15,16,17,18,21,23 23 Sunder Nagar. 14 1,4,6,7,8,10,11,13,15,16,17,18,21,23 24 Gohar. 14 1,4,6,7,8,10,11,13,15,16,17,18,21,23 Mandi 25 Karsog. 14 1,4,6,7,8,10,11,13,15,16,17,18,21,23 26 Joginder Nagar. 14 1,4,6,7,8,10,11,13,15,16,17,18,21,23 27 Sarkaghat. 14 1,4,6,7,8,10,11,13,15,16,17,18,21,23 28 Shimla. 0 0 (Not covered under e-courts Project) 29 Theog. 11 6,7,8,10,11,13,15,16,17,18,21 30 Chopal. Shimla 11 6,7,8,10,11,13,15,16,17,18,21 31 Jubbal. 11 6,7,8,10,11,13,15,16,17,18,21 32 Rohru. 11 6,7,8,10,11,13,15,16,17,18,21 33 Nahan. 17 1,3,4,6,7,8,9,10,11,12,13,15,16,17,18,21,25 34 Paonta Sahib. 15 1,4,6,7,8,9,10,11,12,13,15,16,17,21,25 Sirmaur 35 Rajgarh. 15 1,4,6,7,8,9,10,11,12,13,15,16,17,21,25 36 Sarahan. 0 0 (Not covered under e-courts Project) 37 Solan. 14 1,3,7,8,9,10,11,12,13,15,16,17,18,21,25 38 Kasauli. 13 1,7,8,9,10,11,12,13,15,16,17,18,21,25 39 Nalagarh. Solan 13 1,7,8,9,10,11,12,13,15,16,17,18,21,25 40 Arki. 13 1,7,8,9,10,11,12,13,15,16,17,18,21,25 41 Kandaghat. 13 1,7,8,9,10,11,12,13,15,16,17,18,21,25 42 Una. 17 1,3,4,6,7,8,9,10,11,12,13,15,16,17,18,19,23 Una 43 Amb. 16 1,4,6,7,8,9,10,11,12,13,15,16,17,18,19,23 Judicial Service Centers The Judicial Service Centers have been opened in twenty five (25) Court complexes in the State where litigants are provided all kinds of possible help. SMS Services: 1). The SMS services have been started in ten (10) headquarters of the Civil & Sessions Divisions, where leased line facility is available. 2). Efforts are being made to provide SMS services in those Court complexes where only VPNoBB connectivity is available and also to start more citizen centric services to the litigants. 3). A screen shot of the SMS Module available at the Headquarters of Distt. Courts Complexes:

263 263 SMS Service in District Courts of H.P. Tri-partite Memorandum of Understanding (MOU): A tri-partite Memorandum of understanding (MOU) on the issue of computerization under Phase-I of the e-courts Project has been signed by the H.P. State Govt., High Court of H.P. and the Central Govt. Vide such M.O.U. the State Government has agreed to provide funds for the sustenance of the project after the completion of Phase-I of the e-courts project. In the second phase of e-courts Project a tri-partite Memorandum of Understanding (MOU) has been received vide D.O. letter dated from Hon ble Mr. Madan B. Lokur, Judge, Hon ble Supreme Court of India, New Delhi and the same has also been signed by the Central Project Coordinator, on behalf of High Court of Himachal Pradesh and the Joint Secretary (Home) to the Government of Himachal Pradesh, on behalf of Govt. of H.P. and Joint Secretary, Ministry of Law and, Government of India, New Delhi vide letter dated New Laptops to the Judicial Officers 1). The laptops were earlier provided by Hon'ble e-committee, Hon'ble Supreme Court of India, New Delhi in collaboration with the NIC, New Delhi, to the Judicial Officers in the State of H.P. in the year, These laptops had outlived their lives and required immediate replacement.

264 264 2). A decision had already been taken by the High Court of H.P. for disposal of such old laptops and these laptops have been disposed off by charging their scrap value at the rate of 6% from the Judicial Officers, because the book value of such lap tops had been reduced to zero level. 3). The H.P. State Legal Services Authority has purchased 130 new Laptops of Dell Latitude 3550 and provided the same to the Judicial Officers in the state of H.P. 4). The remaining eleven (11) Judicial Officers were provided new Laptops by the High Court of H.P. including the one, which has been provided to the District & Sessions Judge, presently Registrar (Judicial), Hon ble Supreme Court of India, New Delhi. Converting District Court Libraries into e-libraries- 1). KOHA has been implemented in Library of High Court of Himachal Pradesh and the entries of the law books available in High Court of Himachal Pradesh Library have been made and a report in this behalf has been sent to the Library of Hon ble Supreme Court. 2). Process shall be started for converting the District Court Libraries into e-libraries on receipt of the hardware required for this purpose because at present no hardware is available in the district court libraries. Uploading of data on the NJDG (National Judicial Data Grid)- 1). The data on the NJDG (National Judicial Data Grid) is being uploaded on regular basis in respect of those Courts which have been computerized and the pendency of undated cases in H.P. is 3.07% as on ). The pendency of undated cases in H.P. does not touch the zero level due to the fact that some of the Courts are not computerized and are not on the LAN or WAN, but the cases are being allocated to the same in the computer system by the Courts having power to allocate the cases and some of the Courts are holding circuits where there is no computerization and the officials of those courts upload the data only after they return from the circuit courts to their headquarters. 3). The data on the NJDG (National Judicial Data Grid) is being uploaded on regular basis in respect of those Courts which have been computerized. 4). However, various instructions/guidelines have also been issued to control the menace of undated cases in respect of all the computerized Courts including circuit courts. 5). The High Court of H.P has introduced an innovative idea of appreciating on monthly basis, the Presiding Officers and staff of those Courts which maintain zero (0) level of undated cases and these steps have brought down the level of undated cases below five (5) percent notwithstanding the fact that there has been frequent connectivity issues in the state of H.P.

265 265 which act as a stumbling block in replication of data to N.J.D.G. on daily basis either due to cut etc. of the OFC/ cable etc., or otherwise. 6). A secure link to NJDG has been provided to the District & Sessions Judges in H.P. and the Registrar General and Registrar (Vigilance) for the purpose of effective monitoring and decision making/analysis at the District and High Court level respectively. Mapping of Court Complexes: 1). A mobile application has been prepared by Hon'ble e-committee and circulated to all High Courts for mapping each Court Complex. 2). This will benefit litigants particularly those coming from other districts. 3). The e-committee has mapped all the Court Complexes on the basis of the information provided by the CPCs. 4). Necessary inputs, feedbacks and suggestions, so received from the System Officers / System Assistants, deployed in the District Courts have been sent to the Hon ble e- Committee from time to time. 5). On the directions of Hon ble e-committee, longitudes and latitudes of Court Complexes have been displayed on the websites of District Courts. Unique I.D. for Judicial Officers 1). Unique ID numbers have been created for the Hon ble the Chief, Hon ble Judges, Judicial Officers in Himachal Pradesh, former Chief s, former Judges and the former Judicial Officers. 2). Directions have also been issued to the Distt. Judges for entering the Unique IDs. of Judicial Officers on the C.I.S. 2.0 and in pursuance of such directions the Unique ID numbers of Judicial Officers have been entered in the CIS 2.0. Establishment Codes: 1). The sixteen digit Establishment Codes were conveyed by the High Court of H.P. to the Courts Subordinate to it and the same have been entered in CIS 2.0 by all the Courts. Video Conferencing Facility 1). The Video Conferencing facility (hardware based) has been made operational in all the headquarters of Eleven (11) Civil & Sessions Divisions in Himachal Pradesh. 2). Software based V.C has also been made operational at sixteen (16) Sub Divisional/ Tehsil level Courts, which are more than 50 Kilometers away from the Jail concerned 3). The instructions have already been issued to the Distt. & Sessions Judges for using the VC

266 266 Units for the purpose of remand and also for recording the statements of expert witnesses. 4). The instructions have also been issued to the Distt. & Sessions Judges for preserving the Video clippings of the evidence recorded through the mode of Video Conferencing. 5). On the basis of received from Hon ble e-committee, instructions have been issued to the District & Sessions Judges in H.P., Nodal Officers in each Court Complex and also the Technical Manpower deployed at the District Courts for extensively using the V.C Units for recording evidence and granting remand etc., and also for preserving Video Clippings of the evidence recorded through VC and for maintaining proper record of the evidence recorded and remand etc., granted through Video Conferencing. Video Conferencing Rooms

267 267 Video Clippings of evidence being recorded by Ld. Distt. & Sessions Judge, Shimla, through Video Conferencing 6). On the direction of Hon ble SCMS Committee a committee of three Judicial officers has been constituted to examine Video Conferencing guidelines received from Hon ble Delhi High Court and the Committee is expected to submit its report very shortly. 7). Guidelines have already been prepared for recording evidences of Judicial Officers through VC mode & the same has been issued to all the District & Sessions Judge, in H.P. Document Presenters for V.C. Units: 1). With a view to use the V.C. units extensively for recording evidence of the expert witnesses and also of the Judicial Officers etc., through the mode of Video Conferencing, twenty three (23) numbers of Document Presenters for seven (7) number hardware based V.C. units installed at the headquarters of the seven (7) Civil & Sessions Divisions and sixteen (16) numbers software based V.C. units at sub divisional/ tehsil level Courts where V.C. units have been set up have been purchased and installed. Official ids to the Judicial Officers: