Himachal Pradesh Court October 1989 Judgments
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Pohlo Ram Vs. Smt. Santokhi Devi and ors.
Court: Himachal Pradesh
Decided on: Oct-23-1989
Reported in: 1990ACJ585,AIR1991HP4
Bhavani Singh, J. 1. Claimants, Santokhi Devi (widow), Ram Prakash (minor), Smt. Bahtu Devi (mother) and Shri Jai Ram (father), claimed compensation to the extent of rupees four lakhs for the death of Garja Ram, the only bread earner of the family, who died in an accident. The Tribunal, where the claim was tried, allowed a sum to the extent of Rs. 73,000/- with interest at the rate of 4per cent from the date of the order till date. Shri Pohlo Ram, who was the driver of the truck, owned by the Public Works Department of the Government of Himachal Pradesh, has preferred this appeal against the award of the Tribunal, whereas no appeal has been movedby the State, Cross Objection No. 137 of 1983 have been filed by the claimants for enhancement of compensation as well as the interest.2. The facts, briefly, are that the deceased Garja Ram, aged 28 years, was employed as a driver in the office of the Deputy Registrar, Cooperative Societies, Mandi. On 17-12-1981 he was travelling in bus No. HPS...
Mahadeo Rao Vs. Ram Nath Sharma and anr.
Court: Himachal Pradesh
Decided on: Oct-23-1989
Reported in: AIR1990HP91
ORDERBhawani Singh, J.1. This revision petition has been moved by Shri Mahadeo Rao, tenant, against his judgment of Appellate Authority (Rent Act) in C.M.A. No. 67-S/14 of 1983 whereby the judgment of the Rent Controller (II), Shimla, in Case No. 91-2 of 1980 has been affirmed and the tenant have been evicted from the premises in dispute. This is how the matter has been brought here by the tenant challenging the impugned decision.2. Briefly, the facts are that the landlord initiated an eviction petition before the Rent Controller, Shimla, stating therein that he is the owner of shop No. 86 (Western portion) towards Power House at Sanjauli, Shimla. The premises are of non-residential nature and Mahadeo Rao was the statutory tenant on payment of Rs. 40/- per month as rent, inclusive of taxes. The allegations, on the basis of which eviction has been sought, pertain to the non-payment of rent from 1-8-1979 to 31-8-1980 totalling Rs. 538.80, inclusive of interest at the rate of 6 per cent p...
Acharya Rajneesh Vs. Naval Thakur and ors.
Court: Himachal Pradesh
Decided on: Oct-23-1989
Reported in: 1990CriLJ2511
ORDERBhawani Singh, J.1. By this petition under Section 482 of the Code of Criminal Procedure and Article 227 of the Constitution of India, the petitioner, Acharya Rajneesh of Bombay, challenges the issuance of notice dated 4-2-1986 by the Additional Chief Judicial Magistrate, Kullu, under Sections 295-A and 298 of the Penal Code in a complaint moved by complainant Naval Thakur under Sections 292, 293, 295-A of the Penal Code.2. The essential facts, giving rise to this petition, are that the complainant, a resident of village Badah in Tehsil Kullu, moved a complaint against the petitioner alleging that he has been closely associated with certain Yogic Asthanas and Yoga Ashram under the guidance of Acharya Prakash Dev. Further, he stated that he has been associated with the Mahabudhi Society of India, New Delhi, and has been engaged in meditating and practically practising the Yogic Ashnas preached by the saints and seers of India. He was greatly influenced by the teachings of Swami Viv...
Pohlo Ram Vs. Santokhi Devi and ors.
Court: Himachal Pradesh
Decided on: Oct-23-1989
Reported in: I(1991)ACC180
Bhawani Singh, J.1. Claimants, Santokhi Devi (widow), Ram Prakash (minor), Bantu Devi (mother) and Jai Ram (father), claimed compensation to the extent of Rs. 4, 00, 000/- for the death of Garja Ram, the only bread-earner of the family, who died in an accident. The Tribunal, where the claim was tried, allowed a sum to the extent of Rs. 73, 000/- with interest at the rate of 4 per cent from the date of the order till date. Pohlo Ram, who was the driver of the truck, owned by the Public Works Department of the Government of Himachal Pradesh, has preferred this appeal against the award of the Tribunal, whereas no appeal has been moved by the State, Cross-objections No. 137 of 1983 has been filed by the claimants for enhancement of compensation as well as the interest.2. The facts, briefly, are that the deceased Garja Ram, aged 28 years, was employed as a driver in the office of the Deputy Registrar, Co-operative Societies, Mandi. On 17.12.1981 he was travelling in bus No. HPS 4146. He got...
Smt. Krishna Chadha and ors. Vs. National Carriers and ors.
Court: Himachal Pradesh
Decided on: Oct-04-1989
Reported in: I(1990)ACC184,1990ACJ291,AIR1990HP82
ORDERBhawani Singh, J.1. These matters (F. A. O. No. 135 of 1982, Krishna Chadha and others v. National Carriers and others, F.A.O. No. 136 of 1982, Smt. M. J. Stone and others v. National Carriers and others, and F.A.O. No. 137 of 1982, Krishna and another v. National Carriers and others), arise out of the same accident and common award, therefore, they are being taken up together for decision by a common judgment.2. Briefly, the facts are that the petrol tanker No. HRA-1807, owned by the National Carriers, Sadar Bazar, Ambala Cantt., and driven by Shri Gajinder Singh, was coming from Sungra towards Wangtu Bridge on 20-12-1968 while a military truck No. S.C. 15455 was coming from Wangtoo side. The collision between these two vehicles took place on a curve and the result was that the occupants of the army vehicle rolled down to river Satluj leaving no trace of any of them including the vehicle.3. The claimants are the dependents of three of the five occupants of the army vehicle, namel...
Bhup Singh and ors. Vs. Tulsi Ram and ors.
Court: Himachal Pradesh
Decided on: Oct-04-1989
Reported in: AIR1991HP29
Bhawani Singh, J.1. This appeal arises out of the judgment of Additional District Judge, Mandi, in Civil Appeal No. 77 of 1978 decided on 20-3-1979 whereby the under of Additional Sub-Judge (III Class), Mandi, in Civil Suit No. 34 of 1967 has been set aside and the case was remanded with directions as contained in the penultimate care, of this judgment. The appellants have a grievance against this judgment and, therefore, they assail it by way of this appeal.2. Briefly, the facts are that the plaintiffs instituted a suit for possession of certain lands mentioned in the title as well as in para 1 of the plaint on the assertion that the same was allotted to them in consolidation proceedings carried out in that area but at the time then the possession thereof was delivered to them, it was a possession on papers only and the defendants remained in possession thereof; thus making their possession over this land totally illegal.3. The defendants in their written statement stated that the lan...
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