Himachal Pradesh Court September 1987 Judgments
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Milap Kaur and ors. Vs. the Secretary, Himachal Pradesh Public Works D ...
Court: Himachal Pradesh
Decided on: Sep-11-1987
Reported in: I(1988)ACC382
P.D. Desai, C.J.1. The accident giving rise to this appeal occurred on October 21, 1973, at about 4-30 p.m. in village Bhumain, Tehsil Nalagarh, District Solan. The husband of the first appellant and the father of the rest of the appellants, aged about 32 at the material time, died as a result of the injuries received by him in the course of the said accident.2. The vehicle involved in the accident, truck No. HPB 154, was owned by the Himachal Pradesh Public Works Department (first respondent). It was being driven at the material time by the second respondent, an employee of the first respondent.3. In the claim petition instituted by the appellants, compensation was claimed in the sum of Rs. 2,40,000/-. The Motor Accident claims Tribunal found that the accident had occurred on account of the negligent act of the second respondent in reversing the vehicle in a narrow street of the village without the assistance of the cleaner to guide him. The Tribunal assessed the loss of monthly depen...
Smt. Parkash Devi Vs. Dina Nath
Court: Himachal Pradesh
Decided on: Sep-08-1987
Reported in: AIR1988HP36
V.P. Gupta, J.1. This judgment shall dispose of R.S.A. No. 251 of 1986 and R.S.A. No. 252 of 1986 as the questions of law and facts involved in both these appeals are the same and these appeals arise out of a single judgment of the learned District Judge.2. Briefly the facts are that the respondent Dina Nath (hereinafter the plaintiff) filed a suit for possession by pre-emption of the suit land (fully detailed in the plaint) on the allegations that the suit land was owned by one Larja Ram. Larja Ram sold the suit land along with a house standing thereon in favour of the appellant (hereinafter the defendant) vide a registered sale deed dt. 30-3-1981 for Rs. 22, 000/-. The plaintiff alleged that the market value of land was not more than Rs. 4,000/- as the house property was shown to be-of Rs. 2,500/-. The plaintiff claimed a superior right of pre-emption on the grounds of his being a co-sharer in the khata and he prayed that his suit be decreed for possession by pre-emption on payment o...
Rameshwar Dass Vs. Brij Bhushan and ors.
Court: Himachal Pradesh
Decided on: Sep-04-1987
Reported in: AIR1988HP31
ORDERP.D. Desai, C.J.1. In this extraordinary case, the trial court has been persuaded to pass and the lower appellate court has been persuaded to uphold an order made in the gross violation of the rules of fair play and justice which must inform every judicial process in our republic. The following facts are not in dispute :In a suit instituted by the petitioner-plaintiff, an application for interim relief was made on March 17, 1987 under Order 39, Rules 1 and 2 read with Section 151, Civil P.C. The trial court issued a show cause notice to the respondent-defendant returnable on March 30, 1987 and meanwhile passed an order granting an ex parte ad interim relief on March 17/19, 1987. On March 20, 1987, respondents 1 to 3 moved an application before the trial court purporting to be an application under Order 39, Rule 4 read with Section 151 Civil P.C. alleging that the petitioner had obtained the ad interim relief on the basis of a 'false and manufactured story which is altogether contr...
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