Himachal Pradesh Court July 1988 Judgments
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Kehar Singh Vs. State of Himachal Pradesh and anr.
Court: Himachal Pradesh
Decided on: Jul-29-1988
Reported in: 1(1989)ACC126
P.D. Desai, C.J.1. This appeal by the original claimant-workman is instituted Under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') against the award of the Commissioner, Workmen's Compensation, HP. PWD., Shimla, (hereinafter referred to as 'the Commissioner') dated March 24,1987. Initially, in the memo of appeal, the challenge to the award was directed against the quantum of compensation. Subsequently, however, the award was challenged also on the ground that the Commissioner had erred in law in not awarding interest on the compensation amount and in not imposing the penalty for default in paying the compensation within the time limited by law. At the hearing of the appeal, the challenge has been confined only to the latter ground.2. The material facts, which are required to be set-out for the pur poses of considering the challenge aforesaid, are few. The accident giving rise to the claim petition occurred on August 6, 1985. The appellant was ...
State of Himachal Pradesh Vs. Roshan Lal
Court: Himachal Pradesh
Decided on: Jul-28-1988
Reported in: AIR1989HP67
V.K. Mehrotra, J. 1. Some Property belonging to Roshan Lal, resident of village Sothal, Tikka Mann, was acquired under the provisions of the Land Acquisition Act, 1894, (for brief, 'the Act'), for construction of Pong Dam over river Beas at Talwara. An award was made by the Land Acquisition Collector on May 25, 1971. The claimant was not satisfied with the amount awarded and sought a reference under Section 18 of the Act. The reference came to be decided by the learned Addl. District Judge on Dec. 18, 1973, The amount of compensation was enhanced at the rates mentioned in the order of the learned Judge. It was also directed that 15% by way of solatium for compulsory nature of the acquisition and interest at the rate of 6% per annum on the enhanced amount of compensation from the date of the Collector's award till the date of payment was also payable to Roshan Lal. 2. Feeling aggrieved by the enhancement in compensation, the State of Himachal Pradesh filed Regular First Appeal No. 48, o...
Smt. Niko Devi Vs. Kirpa
Court: Himachal Pradesh
Decided on: Jul-19-1988
Reported in: AIR1989HP51
R.S. Thakur, J.1. This regular second appeal arises out of the judgment and decree passed by the learned Additional District Judge Kangra at Dharamsala, dt. Aug. 1, 1978, whereby the appeal of Kirpa (hereinafter referred to as 'the defendant') against Smt. Nikko (hereinafter referred to as 'the plaintiff') was allowed, the judgment and decree dt. Aug. 22, 1977 passed by the trial court (Subordinate Judge Ist Class Palampur) in favour of the plaintiff were set aside and consequently the suit of the plaintiff was dismissed leaving the parlies to bear their own costs throughout.2. The facts are that the plaintiff instituted a suit in the court of the Subordinate Judge at Palampur for possession of certain land measuring 4 kanals 13 marlas, one house and one GHARAT, more particularly described in the body of the plaint. Her case was that this property at one time was exclusively in the ownership and possession of her father Moni. Said Moni died when the plaintiff was a child of two years a...
Smt. Leela Devi and anr. Vs. Sh. Ram Lal Rahu and anr.
Court: Himachal Pradesh
Decided on: Jul-15-1988
Reported in: II(1988)ACC617,[1990(60)FLR662],(1990)ILLJ364HP
P.D. Desai, C.J.1. This appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as the 'the Act'), is directed against the award dated June 2, 1987, passed by the Commissioner under the Workmen's Compensation Act, Sadar Sub-Division, District Bilaspuar, Himachal Pradesh (hereinafter referred to as 'the Commissioner'), disallowing the claim for compensation lodged by the appellants (widow and daughter of the deceased workman) on the ground that the application for compensation was not maintainable since it was not established that the death had occurred as a result of an accident arising out of and in the course of employment.2. The case of the appellants before the Commissioner was that the deceased was employed as Watchman in the Cement Factory of the second respondent and that the first respondent, who is a labour contractor, had arranged to provide the services of the deceased to the second respondent. The deceased was assigned fluty on Jan. 31, 1984...
United Commercial Bank Vs. Dharam Paul Singh and ors.
Court: Himachal Pradesh
Decided on: Jul-12-1988
Reported in: AIR1989HP56
ORDERV.P. Bhatnagar, J.1. This order is meant to dispose of three petitions viz. O.M.P. (M) No. 31 of 1987, O.M.P. No. 404 of 1987 and O.M.P. No. 201 of 1988.2. The facts giving rise to the aforesaid three applications are not disputed. United Commercial Bank filed a Civil Suit on April21, 1987 for the recovery of a sum of Rs. 2,44,996.95 P. for having advanced a truck loan to defendant 1 as the principal borrower against the guarantee furnished by defendants 2 and 3. Summonses issued to defendant 2 for July 9, 1987 were received back in the Registry with a report dt. May 26, 1987 that Shri Vinod Kumar, defendant 2, had died as back as on Mar. 18, 1986. It was on the above facts that the plaintiff - bank moved O.M. P. (M) No. 31 of 1987 under provisions of O. 22, R. 4 C. P. C for bringing on record the legal representatives of the said defendant. This application was filed in the Court on Oct. 9, 1987 along with O.M.P. No. 404 of 1987 under Section 5 of the Limitation Act praying for c...
Raj Kumari and anr. Vs. State of Himachal Pradesh and ors.
Court: Himachal Pradesh
Decided on: Jul-12-1988
Reported in: (1989)IILLJ421HP
P.D. Desai, C.J.1. The following facts are not disputed by the concerned respondents:The first petitioner was employed as Clerk-cum-Typist on daily-rated basis in the Divisional Forest Office, Kunihar, in the month of January, 1982 and the second petitioner in the month of July, 1983. The said employment of the petitioners was discontinued on and with effect from May 7, 1988, since, according to the concerned respondents, two Clerks were appointed in the said Division on February 18,1986.2. The Bhartiya Mazdoor Sangh, Himachal Pradesh, raised a dispute with respect to the discontinuance of the employment of the petitioners and a notice of demand was duly served on the competent authority. The Labour-cum-Conciliation Officer held conciliation proceedings with a view to bringing about a settlement of the dispute and he appears to have made a failure report to the Labour Commissioner, Himachal Pradesh, under Section 12 of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the ...
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