Cr.A No. 65/2011. 4.4.2011Present: Mr. Rakesh Jaswal, Advocate, for the appellant. Mr. A.K. Bansal, Additional Advocate General, for the respondent-State. Heard. Admit. Mr. A.K. Bansal, learned Addl. Advocate General appears and waives service of notice on behalf of the respondent. Cr.M.P. No. 210/2011. Reply within three weeks. List the matter on 26.4.2011. April 4, 2011 (Surinder Singh),J (cm) Cr.A No. 551/2010. 4.4.2011Present: Mr. A.K. Bansal, Additional Advocate General, for the appellant. Mr. Ajay Dhiman, Advocate, for the respondents. Cr.M.P. No. 208/2011. List on 5.4.2011, for consideration. April 4, 2011 (Surinder Singh),J (cm) RFA No. 97/1998. 4.4.2011Present: Mr. Puneet Razta, Advocate, vice counsel for the appellants. Mr. Jagan Nath, Advocate, vice counsel for respondent No. 1. Mr. A.K. Bansal, Additional Advocate General, for respondents No. 2 and 3. Learned counsel for the non-applicant seeks one week further time to inspect the record and also to verify from the quarter concerned whether the amount alleged to have been deposited in the Registry, was received by them and it was not released to the applicant. Allowed. List the matter on 11.4.2011. April 4, 2011 (Surinder Singh),J (cm) RFA No. 150/2007. 4.4.2011Present: Mr. A.K. Bansal, Additional Advocate General, for the appellants. Mr. Romesh Verma, Advocate, for respondent No. 1. Mr. Rupinder Singh, Advocate, for respondent No. 2 (a) Dharmender. CMPs (M) No. 2 and 3/2011. According to the learned counsel for respondent No. 1, reply to the application is ready and shall be filed during the course of the day. The cost of `500/-, as per order dated 14.3.2011 stands deposited on 1.4.2011 in the Advocates Welfare Fund, vide receipt No. 8850. List the matter on 11.4.2011. April 4, 2011 (Surinder Singh),J (cm) RFA No. 264/2008. 4.4.2011Present: Mr. Neeraj Gupta, Advocate, for the appellants. Mr. Mohan Singh, Advocate, for respondent Nos. 1 to 4, 6 to 14,17 to 20, 23, 24, 26 to 30, 33 to 38, 40 to 42, 44 to 47, 49, 50, 58 to 62. Respondent Nos. 5, 15, 16, 21, 31, 32, 39, 43, 48, 56, 57 and 64 ex parte. CMP No. 102/2011. Respondents No. 53 and 54 are minors. The instant application has been moved to appoint Court Guardian for them. Since Smt. Shashi their elder sister, through whom they were sued, has also not been served. In view of this, let Court Guardian for minor respondents No. 53 and 54 be appointed. Ms. Kanta Thakur, Advocate is present in the Court. She is ready and willing to defend the case for the aforesaid minors. As such Ms. Kanta Thakur, Advocate is appointed as Court Guardian for the aforesaid minors. Her fee is fixed at Rs 3300/- which shall be paid within two weeks. Copy of appeal and impugned judgment be supplied to the Court Guardian. Henceforth, the name of Ms. Kanta Thakur, Advocate be shown in the Cause list for the aforesaid minors. The application stands disposed of. CMP No. 101/2011. This application has been moved for substituted service of respondents No. 25, 32, 51 and 52. The perusal of the record reveals that respondent No. 32 Smt. Pushpa Sharma stands already served for 26.7.2010. Since she failed to put in -2- appearance, she was proceeded against ex parte. Therefore, there is no need for substituted service of the said respondent. In so far as respondents No. 25, 51 and 52 are concerned, record reveals that repeated processes were issued for their presence which could not be served on the last known address. I am satisfied that it is difficult to serve them by ordinary process. Let they be served through substituted service, i.e., by way of publication in “Divya Himachal” which is in wide circulation in the Northern India, on depositing requisite charges to be fixed by the Registrar (Judicial). Steps be taken within two weeks. The application stands disposed of. April 4, 2011 (Surinder Singh),J (cm) RSA No. 25/2009. 4.4.2011Present: Mr. Trilok Jamwal, counsel for the appellants. Mr. Malay Kaushal, Advocate vice counsel for respondents No. 1 to 3. Mr. Janinder Mittal, vice counsel for respondents No. 4 and 5. Certified copy of the trial Court judgment stands filed. List the matter for hearing in due course along with connected RSA No. 10/2009. April 4, 2011 (Surinder Singh),J (cm) Cr. A No. 54/2011. 4.4.2011Present: None for the appellant. Record of the court below be send for and list the matter thereafter. April 4, 2011 (Surinder Singh),J (cm) Cr.A No. 56/2011. 4.4.2011Present: Mr. Ravinder Thakur, counsel for the appellant. Mr. A.K. Bansal, Additional Advocate General, for respondent. Cr.M.P No. 199/2011. In the present application, the applicant/convict has requested for appointing a counsel for him. The applicant has faced conviction under Sections 376, 341 and 323 Indian Penal Code and was accordingly sentenced. The name Shri Ravinder Thakur, Advocate finds mentioned at Sr. No. 14 of the approved panel of the Legal Practitioners in the High Court of H.P. circulated by the H.P. State Legal Services Authority. He has about 19 years standing at the Bar and has been appearing in civil and criminal matters. In view of this, Shri Ravinder Thakur, Advocate is appointed as counsel for the convict/applicant. He shall be entitled for the fee, as per schedule approved, by the High Court Legal Services Committee. Let a complete paper book be supplied to Shri Ravinder Thakur, Advocate for the convict free of cost. He shall also be entitled to inspect the file/record of the case without affixing any Court fee. -2- Let a copy of this order be sent to the Secretary, High court Legal Service Authority for necessary action at its end. A copy of this order be also sent to the convict through Superintendent Jail Model Central Jail, Kanda for his information. The application stands disposed of. The name of Shri Ravinder Thakur, Advocate be shown for the appellant in the cause list. Cr.M.P.(M) No. 217/2011. List on 19.4.2011, for consideration. Reply to this application if any be filed in the mean time. April 4, 2011 (Surinder Singh),J (cm) RFA No. 50/2009. 5.4.2011Present: None for the appellant. Mr. N.K. Thakur, Advocate, for the respondents. List the matter after lunch. April 5, 2011 (Surinder Singh),J (cm) RSA Nos. 107 of 2009 along with RS A No. 109/2009. 5.4.2011Present: Mr. Neeraj Gupta, Advocate, for the appellant(s). Mr. Romesh Verma, Advocate, for the respondent (s). (in both the appeals) According to the learned counsel for the appellants, arrears of mesne profit, as decreed by the learned trial Court stands deposited and the quarterly deposit shall be deposited in the Registry on or before 31.5.2011. Adjournment sought in the matter. Allowed. List the matter before the appropriate Bench along with connected matter on 1st June, 2011. April 5, 2011 (Surinder Singh),J (cm) Cr.A No. 399/2009. 5.4.2011Present: Mr. Manoj Pathak, Advocate, for the appellant. Mr. A.K. Bansal, Addl. Advocate General, for the respondent. List the matter on 19.4.2011, as prayed for by the learned counsel for the appellant. April 5, 2011 (Surinder Singh),J (cm) RFA No. 50/2009. 5.4.2011Present: Mr. Ashwani Pathak, Advocate, for the appellant. Mr. N.K. Thakur, Advocate, for the respondents. Heard in part. List the matter on 25.4.2011. April 5, 2011 (Surinder Singh),J (cm) Cr. Appeal No. 163/2010. 6.4.2011Present: Mr. Anup Chitkara, Advocate, for the appellant. Mr. A.K. Bansal, Addl. Advocate General, for the respondent. Learned counsel for the appellant seeks time and request to list the matter on 11.4.2011. Allowed. List the matter on 11.4.2011. April 6, 2011 (Surinder Singh),J (cm) RFA No. 173 of 2010. 6.4.2011Present: Mr. Praveen Chandel, vice counsel for the appellant. Mr. A.K. Bansal, Addl. Advocate General, for respondent No. 1. Ms. Meena Thakur, Advocate, for respondent No. 2. List the matter along with RFA No. 183 f 2010 before the appropriate Bench. April 6, 2011 (Surinder Singh),J (cm) RFA No. 195 of 2010. 6.4.2011Present: Mr. Praveen Chandel, vice counsel for the appellant. Mr. A.K. Bansal, Addl. Advocate General, for respondent No. 1. Ms. Meena Thakur, vice counsel, for respondent No. 2. List the matter along with RFA No. 183 of 2010 before the appropriate Bench. April 6, 2011 (Surinder Singh),J (cm) Cr.A No. 285 of 2010. 6.4.2011Present: Mr. Vivek Sharma, vice counsel for the appellant. Mr. A.K. Bansal, Addl. Advocate General, for the respondent. The matter is fixed for hearing today. But the perusal of the record shows that there is also a connected Criminal Appeal No. 405/2010 arising out of the same judgment which has not been reflected in the cause list and the learned counsel for the appellant is also not present. In view of this, list the matter on 13.6.2011 along with Criminal Appeal No. 405/2010. April 6, 2011 (Surinder Singh),J (cm) Cr.A No. 489 of 2010. 6.4.2011Present: Mr. N.K. Thakur, Advocate, for the appellant. Mr. A.K. Bansal, Addl. Advocate General, for the respondent. The matter was fixed for hearing today. Learned counsel for the appellant seeks time for completion of record to facilitate him in referring the documents during the arguments. Request not opposed hence allowed. List the matter on 21.6.2011. April 6, 2011 (Surinder Singh),J (cm) CMP No. 131 of 2011 In RFA No. 9 of 1998. 8.4.2011Present: Mr. Punit Rajta, vice counsel for the appellate/non-applicant. Mr. Jagan Nath, vice counsel for the respondents. CMP No. 131 of 2011. RFA No.6 of 1998 was decided by a common judgment on 27th August, 2007. Learned counsel appearing for the non-applicant has no objection for the release of the amount. Accordingly the amount lying deposited in the Registry in the name of the sole applicant be released to him along with interest accrued thereon and be remitted to his saving bank account as mentioned in para 3 of the application. The application stands disposed of. April 8, 2011 (Surinder Singh),J (cm) Cr.M.P.(M) No. 239 of 2011. 8.4.2011Present: Mr. A.K. Bansal, Addl. Advocate General, for the appellant. Notice of admission be issued to the respondent for 13.6.2011. Record of the learned trial court be send for in the meantime. April 8, 2011 (Surinder Singh),J (cm) Cr.M.P.(M) No. 240 of 2011. 8.4.2011Present: Mr. A.K. Bansal, Addl. Advocate General, for the appellant. Notice of admission be issued to the respondent for 13.6.2011. Record of the learned trial court be send for in the meantime. April 8, 2011 (Surinder Singh),J (cm) Cr.M.P.(M) No. 241 of 2011. 8.4.2011Present: Mr. A.K. Bansal, Addl. Advocate General, for the appellant. Notice of admission be issued to the respondent for 13.6.2011. Record of the learned trial court be send for in the meantime. April 8, 2011 (Surinder Singh),J (cm) Cr.M.P.(M) No. 242 of 2011. 8.4.2011Present: Mr. A.K. Bansal, Addl. Advocate General, for the appellant. Cr.M.P.(M) No. 242 of 2011. Heard. Leave to appeal granted. Application is disposed of. Appeal be registered. Cr.A. No. /2011. Admit. Bailable warrant in the sum of Rs. 5,000/- be issued against the accused-respondent. It should be made clear in the bailable warrant to be issued against the respondent that personal bonds to be furnished by the respondent and the surety bonds to be furnished by their sureties, should contain undertakings by both of them that the respondent shall appear and continue to appear in this Court, as and when called upon to do so, till the final disposal of the appeal. April 8, 2011 (Surinder Singh),J (cm) Cr.M.P.(M) No. 243 of 2011. 8.4.2011Present: Mr. A.K. Bansal, Addl. Advocate General, for the appellant. Notice of admission be issued to the respondent for 14.6.2011. Record of the learned trial court be send for in the meantime. April 8, 2011 (Surinder Singh),J (cm) Cr.M.P.(M) No. 244 of 2011. 8.4.2011Present: Mr. A.K. Bansal, Addl. Advocate General, for the appellant. Notice of admission be issued to the respondent for 14.6.2011. Record of the learned trial court be send for in the meantime. April 8, 2011 (Surinder Singh),J (cm) C.M.P.M.O. No. 29 of 2011. 19.4.2011Present: Mr. Suneet Goel, counsel for the petitioner. Mr. Ramakant Sharma, counsel for respondents No. 1 to 3. Record of the learned trial Court not received. Registry to find out the reasons and list the matter before the appropriate Bench on 26.4.2011. April 19, 2011 (Surinder Singh),J (cm) C.O.P.C. No. 92 of 2011. 19.4.2011Present: Mr. Vinay Kuthiala, Advocate, for the petitioner. Mr. B.C. Negi, Advocate, for the respondent/contemner. Mr. B.C. Negi, Advocate, appears for the respondent-contemner and undertakes to comply with the judgment/order dated 13.8.2010 passed in CWP(T) No. 1774 of 2008 of this Court within ten days, subject to the final out come of pending L.P.A. In view of the above, the petition stands closed and accordingly disposed of. Copy dasti. April 19, 2011 (Surinder Singh),J (cm) Co. Petition No. 5 of 2004. 19.4.2011Present: Mr. Sudhir Nandrajog, Senior Advocate, with Mr. P.K. Singh, Mr. B.C. Negi, Mr. R.K. Gosain, Advocates, for the petitioner. Mr. M.A. Khan, Central Government counsel and Mr. Raman Sethi, Advocate, for the respective respondents. List the matter before the appropriate Bench on 2nd May, 2011 on the request of the learned counsel for the parties. April 19, 2011 (Surinder Singh),J (cm) RSA No. 186 of 1999 19.4.2011Present: Mr. Naresh Sharma, vice counsel for the appellant. Mr. Neeraj Gupta, Advocate, for the respondents. List the matter before the appropriate Bench on 25.4.2011. April 19, 2011 (Surinder Singh),J (cm) C.M.P.M.O. No. 29 of 2011. 19.4.2011Present: Mr. Suneet Goel, counsel for the petitioner. Mr. Ramakant Sharma, counsel for respondents No. 1 to 3. Record of the learned trial Court not received. Registry to find out the reasons and list the matter before the appropriate Bench on 26.4.2011. April 19, 2011 (Surinder Singh),J (cm) Cr.A No. 56/2011. 19.4.2011Present: Mr. Ravinder Thakur, counsel for the appellant. Mr. A.K. Bansal, Additional Advocate General, for respondent. Cr.M.P.(M) No. 217 of 2011. This is a jail appeal and is barred by 203 days. The appellant/applicant stands convicted for the offences punishable under Sections 376, 341 and 323 Indian Penal Code. The delay, as per application is owing to the poverty of the applicant due to which he could not engage the counsel. Reply to this application has not been filed. Matter considered. The above facts constitute sufficient cause to condone the delay as such the application is allowed and the delay in filing the appeal is hereby condoned. The application stands disposed of. Cr.M.P. No. 198/2011. Allowed. Cr. A No. 56/2011. Admit. List the matter immediately on the receipt of the record for hearing. April 19, 2011 (Surinder Singh),J (cm) COPC 287/2010. 21.4.2011 Present: Mr. Ajay Chandel, Advocate, for the petitioner. Mr. R.K. Sharma, Sr. Addl. A. G. with Mr. Rajinder Dogra, Addl. A. G., for the respondents/contemner. Heard. In compliance to our order dated 27.10.2009, replies have been filed by both the respondents/contemners. Reply filed by respondent/contemner No. 2 indicates that at the time of renewal of the contract, appointment of the original incumbents working on contract basis, 119 candidates appeared for three posts of Instructor, Embroidery & Needle Work wherein the petitioner had placed her invalid testimonials, therefore, she was not entitled to be considered. However, taking her invalid certificates as proper and awarding full five marks out of five total marks, even on his invalid certificate, her merit list was much low and in any case, she was not to be selected. In these circumstances, petitioner could not be given employment. However, without making any comment on the selection process, we find that the compliance of this Court’s order dated 27.10.2009 has been made. Therefore, no useful purpose shall be served in keeping this petition alive. However, no comment is being made on the merits of the case of the petitioner and she may be considered for future appointment on her own merit. The petition stands closed and disposed of accordingly. (R.B. Misra), J, April 21, 2011 (Surinder Singh),J (cm) Cr.A No. 715 of 2008 21.4.2011Present: Mr. R.K. Sharma, Sr. Additional Advocate General with Mr. Rajinder Dogra, Addl. Advocate General, for the appellant. Mr. Malay Kaushal, vice counsel for the respondents. Respondent No. 3 is stated to have died. Learned Additional Advocate General seeks four weeks time to verify the facts. Allowed. List the matter on 1st June, 2011. (R.B. Misra), J, April 21, 2011 (Surinder Singh),J (cm) Cr.A No. 715 of 2008 21.4.2011Present: Mr. R.K. Sharma, Sr. Additional Advocate General with Mr. Rajinder Dogra, Addl. Advocate General, for the appellant. Mr. Malay Kaushal, vice counsel for the respondents. Respondent No. 3 is stated to have died. Learned Additional Advocate General seeks four weeks time to verify the facts. Allowed. List the matter on 1st June, 2011. (R.B. Misra), J, April 21, 2011 (Surinder Singh),J (cm) Cr.A No. 247/2009 21.4.2011Present: Mr. R.K. Sharma, Sr. Additional Advocate General with Mr. Rajinder Dogra, Addl. Advocate General, for the appellant. Mr. Deepak Kaushal, counsel for the respondents. Cr.M.P.No. 243/2011. Further time sought to furnish the bonds of the respondents in compliance of order dated 2.12.2010. The application is not opposed hence allowed. Let the order dated 2.12.2010 be complied with on or before 26th May, 2011. Copy dasti. (R.B. Misra), J, April 21, 2011 (Surinder Singh),J (cm)