Himachal Pradesh Court April 1985 Judgments
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Bhagat Ram Sharma Vs. the Himachal Pradesh University and ors.
Court: Himachal Pradesh
Decided on: Apr-26-1985
Reported in: AIR1987HP21
V.P. Gupta, J. 1. The appellant had joined law classes in the H. P. University. He obtained 191/300,181/300 and 199/300 marks in the first three semesters. In the fourth semester he was declared successful with 233/400 marks. As he was not satisfied with the marks awarded to him in the Administrative Law and the Mercantile Law papers, therefore, he applied for re-valuation on 31-7-1974 in terms of the rule framed by the H.P. University on 31-7-1974 for the Administrative Law and Mercantile Law papers. He deposited the requisite fees for the same (Annexures B and C). After revaluation he was awarded 64 marks in the Administrative Law paper instead of 42 marks and 52 marks in the Mercantile Law paper instead of 56 marks. As a result of this revaluation he obtained 251 marks out of 400 marks in the 4th semester. The final marks-sheet (Annexure D) was issued to him on 14-11-1974 and the re-valuation seems to have been done in the months of Aug./Sept. 1974. The appellant was thus awarded 82...
Smt. Bhuvneshwari Devi and ors. Vs. Murari Lal and anr.
Court: Himachal Pradesh
Decided on: Apr-19-1985
Reported in: II(1985)ACC267,AIR1986HP44,[1986]59CompCas429(HP)
P.D. Desai, C.J.1. The appeal arises out of the rejection of a claim petition instituted under Section 10-A of the Motor Vehicles Act, 1939, (hereinafter referred to as 'the Act') on the ground of limitation.2. The fatal accident giving rise to the claim petition occurred on April 28, 1980. The victim of the accident, who was a man aged about 28, died the next day. He left behind him a widow, five minor children and aged parents. The claim petition was instituted on June 28, 1982. An application for condonation of delay made under the proviso to Section 110-A, Sub-section (3), of the Act accompanied the petition. The 'sufficient cause' pleaded for condoning the delay was as follows :--(1) That the claimants remained under mental shock and agony on account of the sudden accidental death; (2) That the claimants were illiterate rustic villagers residing in the interior of Mandi District having no knowledge of the remedy; (3) That there was no adult educated male member in the family capab...
United India Insurance Co. Ltd. Vs. Tilak Ram and ors.
Court: Himachal Pradesh
Decided on: Apr-19-1985
Reported in: 2(1985)ACC513
P.D. Desai, C.J.1. A fatal accident, which occurred on April 5, 1982, on account of the rash and negligent driving of a motor vehicle, namely, a motor cycle, by the first respondent, resulted in a claims petition and in an award being made in favour of the second and third respondents (original claimsants) in the sum of Rs. 8,220/- with interest but no costs. The award is under challenge in the present appeal at the instance of the insurance company which has been made liable to satisfy the award. Two grounds were urged in support of the appeal: first, that there has been a breach of a specified condition of the policy which authorised the driving of the insured vehicle only by a person who holds 'a valid driving licence at the time of the accident or had held a permanent driving licence (other than a learner's licence) and is not disqualified from holding or obtaining such a licence' and secondly that there was a breach of the provisions of Rule 2.14 of the Punjab Motor Vehicles Rules...
United India Insurance Co. Ltd., Chandigarh Vs. Tilak Ram and ors.
Court: Himachal Pradesh
Decided on: Apr-19-1985
Reported in: II(1985)ACC513,AIR1986HP27,[1987]61CompCas302(HP)
P.D. Desai, C.J. 1. A fatal accident, which occurred on April 5, 1982, on account of the rash and negligent driving of a motor vehicle, namely, a motor-cycle, by the first respondent, resulted in a claim petition and in an award being made in favour of the second and third respondents (original claimants) in the sum of Rs. 8,220/- with interest but no costs. The award is under challenge in the presenl appeal at the instance of the Insurance Company which has been made liable to satisfy the award. Two grounds were urged in support of the appeal : first, that there has been a breach of a specified condition of the policy which authorised the driving of the insured vehicle only by a person who holds 'a valid driving licence at the time of the accident or had held a permanent driving licence (other than a learner's licence) and is not disqualified from holding or obtaining such a licence' and, secondly, that there was a breach of the provisions of Rule 2.14 of the Punjab Motor Vehicles Rul...
Onkar Walia Vs. Smt. Urmila Devi
Court: Himachal Pradesh
Decided on: Apr-19-1985
Reported in: AIR1985HP100
P.D. Desai, C.J.1. The appeal arises out of an application for the custody of a minor male child named Rohit who was aged about 3 at the material time. The parents of Rohit were married in or about 1978 and he was born on Dec. 12,1979. Around that time, the relations between the parents appear to have become strained. Consequently, the wife instituted a petition for divorce on Sept. 3, 1980 but the proceedings were later dropped and the parties once again started living together. Another male child was born on April 22, 1982. Even before the birth of the second child and while she was still pregnant, according to the version of the wife, she was turned out of the matrimonial home and she was deprived of the care and custody of Rohit. The second child was born at the parental home and continues to be in her custody. On Oct. 12, 1982, the husband instituted a petition for divorce describing himself as Mohammad Salim alias Onkar Walia on the ground that he had ceased to be a Hindu on acco...
Sunil Kumar Chauhan Vs. Himachal Pradesh Public Service Commission and ...
Court: Himachal Pradesh
Decided on: Apr-18-1985
Reported in: AIR1986HP71
P.D. Desai, C.J.1. The Himachal Pradesh Public Service Commission (hereinafter referred to as 'the Commission') published an advertisement on Jan. 28, 1985 inviting application for admission to seven seats in the State Forest Services College, Dehradun, in the Diploma Course in Forestry for the 1985-87 Session starting from April 1, 1985. Out of those seven seals, two were reserved for the Scheduled Castes candidates of Himachal Pradesh and one for the Backward Class candidates. The candidates were required, inter alia, to fulfil the minimum standard of physical fitness as follows :'(1) Height = 1.6256 metre or 163 cms (round). (2) Chest - 0.7874 metre or 79 cms (round); expansion at least 0.0508 metre or 5 cms (round). (3) Walkover = 25.7495 KM (25 KM round) to be covered in 4 hours.' 2. The petitioner was one of the candidates who appeared and succeeded at the written test and who also qualified at the screening test. However, so far as the physical fitness test is concerned, the pet...
Smt. Rameshwari Devi and anr. Vs. Sansar Chand and ors.
Court: Himachal Pradesh
Decided on: Apr-12-1985
Reported in: AIR1986HP67
ORDERP.D. Desai, C.J.1. The appeal is directed against the decision of the learned District Judge, Shimla, refusing to condone the delay in presenting an appeal on the ground that sufficient cause, within the meaning of Section 5 of the Limitation Act, 1963, was not made out and consequently dismissing the appeal.2. The appellants are the original plaintiffs. The suit, out of which the appeal arises, was dismissed on April 30, 1975. At the time when the judgment was pronounced, though the learned counsel for the appellant was present, the appellants themselves were not present. The appellants applied for the certified copies of the judgment and the decree on June 2, 1975, and on October 30, 1975 respectively and they were delivered to them on July 22, 1975 and on December 3, 1975, respectively. Be it stated that the case of the appellants, which is supported by the material on record, is that a certified copy of the decree was also applied for on June 2, 1975 but they were informed at ...
State of Himachal Pradesh and ors. Vs. Yash Pal Garg
Court: Himachal Pradesh
Decided on: Apr-11-1985
Reported in: [1987]64STC89(HP)
V.P. Gupta, J.1. The respondent filed a writ petition (C.W.P. No. 300 of 1974) seeking relief for cancellation of a demand notice (annexure P-4) regarding payment of sales tax on the amount of Rs. 44,006 (lease money) and for restraining the appellants from recovering the tax. The learned single Judge by his judgment dated 19th August, 1976, allowed the writ petition and quashed the demand notice (annexure P-4).2. Feeling aggrieved from the judgment of the learned single Judge, the respondents have filed this appeal.3. Briefly, the facts are that the respondent-firm was carrying on the business and trade of forest lessees and in an auction held on 8th and 9th September, 1974, the respondent gave a successful bid for purchase of forest lot No. 13/74-75 for a sum of Rs. 44,000. 1/4th of the bid money was deposited by the respondent and an agreement of lease was executed between the parties. On 8th October, 1974, the respondent received a demand notice (annexure P-4) from the Conservator ...
Firm Sood Traders Vs. Paras Ram
Court: Himachal Pradesh
Decided on: Apr-09-1985
Reported in: AIR1985HP93
ORDERT.R. Handa, J.1. The petitioner herein has invoked the revisional jurisdiction of this Court under Section 115, Civil P. C. to seek the quashing of the order DA 14-9-1979 recorded by the Sub-Juddge, Kallu, whereby the learned Sub-Judge allowed the application of the respondent purporting to have been made under 0. 9 Rule 13, C. P. C. anti set aside the decree earlier passed in favour of the petitioner and against the respondent on 24-8-1978.2. The material facts which are relevant for the purposes of this petition are clearly borne out from the record and are beyond the pale of controversy. These facts show that the suit giving rise to these proceedings was filed by the petitioner-plaintiff against the respondent-defendant for the recovery of Rs. 26,507.66 on the basis of a pronote. The suit was filed in May 1974. The respondent-defendant contested the suit and on the pleadings of the parties two issues were struck by the trial court. The parties were thereafter called upon to pro...
Saran Dass and ors. Vs. Smt. Situ and ors.
Court: Himachal Pradesh
Decided on: Apr-08-1985
Reported in: AIR1986HP1
ORDERT.R. Handa, J.1. This revision petition filed at the instance of the plaintiffs under Section 115 of the Code of Civil Procedure calls in question the order dated 9-1-1980 recorded by the Sub Judge Ist Class, Kangra, and arises in the following circumstances.2. The petitioners who are the plaintiffs had filed their suit giving rise to this revision petition, for possession of some agricultural land. The petitioners produced a document which purports to be a deed of relinquishment of tenancy, rights and wanted to prove the same as a part of their evidence. This document was neither stamped nor registered. Since the document could not be admitted into evidence for want of stamp duty, the petitioners made a prayer to the trial Court that they be allowed to deposit the stamp duty chargeable on this document along with the prescribed penalty so that the document could be considered as duly stamped for the purposes of the Stamp Act. The learned trial Court, however, vide its impugned or...
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