Himachal Pradesh Court July 1987 Judgments
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Kalawati and ors. and Gian Chand Vs. the State of H.P. and anr.
Court: Himachal Pradesh
Decided on: Jul-29-1987
Reported in: 2(1988)ACC192
P.D. Desai, C.J.1. The prayer in these two petitions, inter alia, is that the respondents be directed to pay adequate compensation/damages to the petitioner(s) in the respective case for the death of Laiq Ram and Rakesh Kumar, which occurred as a result of nitrous oxide having been administered to the deceased persons instead of oxygen at the time of the performance of the surgical operation upon them on September 15,1986 and September 17, 1986 respectively, on account of the negligence on the part of the staff of the Indira Gandhi Hospital, Shimla. The petitions were instituted on April 13, 1987 and on April 20, 1987 affidavit(s)-in-reply were directed to be filed on or before May 7, 1987. Applications (CMP No. 316 of 1987 and CMP No. 317 of 1987 respectively) were moved by and on behalf of the respondents on May 8, 1987 in these cases praying that the time for filing the reply affidavit be extended by eight weeks. Orders were passed on the said applications on May 26, 1987 in the fol...
Shingara Ram and anr. Vs. Balak Ram Walia and ors.
Court: Himachal Pradesh
Decided on: Jul-24-1987
Reported in: I(1988)ACC57
P.D. Desai, C.J.1. The appellants are the parents of a boy, aged about 16, who met with a fatal accident on March 3, 1985 at about 8-30 A.M. on the Palampur Lahla Road near village Gharthoon, Tehsil Palampur, when the truck (HPK-4279) owned by the first respondent and driven at the material time by the second respondent rolled down in a khud. The appellants instituted a claim petition against the respondents before the Motor Accident Claims Tribunal (I), Kangra at Dharamsala, Under Section 110-A of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') and claimed compensation in the sum of Rs. 92,000/-. The claim petition was returned to the appellants for presentation to the proper court on the ground that the Tribunal had no jurisdiction to entertain and try the same. Hence the present appeal.2. The case of the appellants was that on March 3, 1985 the Prime Minister was to address an election meeting in the campus of the Himachal Pradesh Krishi Vishwa Vidyalaya, Palampu...
Udho Ram Vs. Bhupinder Singh and ors.
Court: Himachal Pradesh
Decided on: Jul-15-1987
Reported in: AIR1988HP41
R.S. Thakur, J.1. This writ petition under Articles 226/227 of the Constitution ofIndia is directed against the order dated December 30, 1986, passed by the Deputy Commissioner, Hamirpur (Respondent No. 5), Annexure PA, whereby the election of the petitioner to the office of Pradhan of Gram Panchayat, Dhanwan was set aside and Bhupinder Singh (Respondent No. 1) was declared as having been validly elected to the said office in his place.2. The facts relevant for the disposal ofthis petition are that the election to the officeof the Pradhan and Members of the GramPanchayat, Dhanwan was held oh September23, 1985, wherein the petitioner andrespondents Nos. 1, 2 and 3 were thecontesting candidates for the office of Pradhanof the said Panchayat. The AssistantReturning Officer connected with the saidelection declared the result of the election ofPradhan on the same day which was asfollows : --(a) Total votes polled :-802(bt Votes, Udho Ram, petitioner polled:-322(c) Votes, Bhupinder Singh,res...
Lachhman Dass Vs. State of Himachal Pradesh and anr.
Court: Himachal Pradesh
Decided on: Jul-15-1987
Reported in: AIR1988HP39
P.D. Desai, C.J. 1. The land of the petitioner admeasuring 65 Kanals 9 Marlas situate in village Tabba (Jalgran). Tehsil and District Una, was acquired for the purpose of laying the Broad Guage Railway Line from Nangal to Talwara. The acquisition proceedings were initiated by the publication of a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') on October 20, 1984. Under an award made on May 15, 1986, the Land Acquisition Collector, H.P. P.W.D.. Hamirpur, offered compensation in the sumof Rs. 3,23,972-00 to the petitioner. The payment was made by means of a cheque.2. The petitioner made an application dated June 18, 1986 (Annexure 'A') which was received by the Land Acquisition Collector on June 26, 1986 seeking a reference to the Court under Section 18 of the Act. The application was rejected on January 28, 1987. A communication dated January 29, 1987 (Annexure 'B') was sent to the petitioner by the Land Acquisition Collector convey...
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