Himachal Pradesh Court November 1989 Judgments
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Durga Singh Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Nov-28-1989
Reported in: AIR1991HP1
P.C. Balakrishna Menon, C.J. 1. This appeal by the defendant is against the decree of a teamed single Judge of this court in Civil Suit No. 10/71 declaring that the judgment dt. 4-5-1968 in Civil Suit No. 21 /1 of 1965 (Durga Singh v. Union of India) passed by the Senior Sub-Judge, Mahasu District and the mutation of 'Patta' obtained by the defendant in pursuance to the said judgment are illegal and void and also granting consequential reliefs in the suit.2. The defendant is the owner in possession of the land in Khasra Nos. 23 and 27 of village Lindi Dhar Tehsil Kasumpti. The adjoining land in Khasra No. 22 belongs' to the Forest Department of Government of Himachal Pradesh. The defendant had encroached upon the land in Khasra No. 22 and had planted an extent of 17 bighas 7 biawas of land in 1958. The Naib Tehsildar on demarcation of boundaries found the aforesaid extent of 17 bighas 7 biswas belonged to the Government and formed part of Khasra No. 22. The Government thereafter took p...
Divender Singh and anr. Vs. Hari Ram
Court: Himachal Pradesh
Decided on: Nov-23-1989
Reported in: 1990CriLJ1845
ORDERBhawani Singh, J.1. This revision petition assails the judgment of Sessions Judge, Shimla, in Criminal Revision Petition No. 56-S/ 10 of 1987 and 59-S/ 10 of 1988, decided on 20-3-1989. By this decision, the court allowed the revision petition of respondent. Hari Ram and set aside the order of trial Magistrate in referring the matter for trial to the local Panchayat since the offences qua which cognizance was taken fell within its jurisdiction. The claim of the petitioner in that revision petition that offence under Section 354 of the Indian Penal Code was also made out, was accepted with the result that the trial of the case stood shifted from the Local Panchayat to the court of Judicial Magistrate, Chopal. This is how the matter has been brought to this court.2. Briefly, the case is that on 28-7-1986, the complainant preferred a complaint under Sections 354, 323, and 392 of the Indian Penal Code before the Sub-Divisional Judicial Magistrate, Chopal. It was sent to the police for...
Dalbir Singh Vs. Chanchal Singh
Court: Himachal Pradesh
Decided on: Nov-23-1989
Reported in: AIR1991HP10
ORDERBhawani Singh, J.1. Petitioner, Dalbir Singh, is a tenant in premises owned by the landlord, Chanchal Singh. He has been evicted in pursuance of the order of the Rent Controller, Nalagarh, dated 31-12-1983. The creation of the tenancy falls back to 25-4-1974 (Ex.PA) and the present application was filed on 22-3-1982.2. The basis of seeking eviction is that the tenant, without the consent of the landlord, uses the building for the purpose other than that for which it was leased and that the acts, being committed by the tenant, were likely to impair materially the value or utility of the shop. The tenant has contested this complaint of the landlord. He alleges that the premises were let for business purposes and the same were being used for the same purpose and the value or utility of the property in question was not being impaired in any way.3. On the pleadings of the parties, the following issues were framed by the Rent Controller:'1. Whether the respondent has used the premises i...
Gurcharan Singh Vs. the State of Himachal Pradesh and ors.
Court: Himachal Pradesh
Decided on: Nov-23-1989
Reported in: I(1991)ACC141,AIR1991HP18
Bhawani Singh, J. 1. This appeal by the claimant, Gurcharan Singh, assails the award in M.A.C. Petition No. 8 of 1988, decided on 3-6-1989, by the Motor Accident Claims Tribunal, Una, thereby dismissing the claim preferred by the claimant, claiming compensation from the respondents to the extent of Rs. 1,00,000/- for the personal injuries sustained by him. 2. Briefly stated, the facts are that on 6-9-1987, the claimant, a pillion rider with his friend Amar Singh, was going on scooter No. Pun-792 at about 11-30 p.m. after seeing the circus show near the Bus-stand, Una. As soon as they reached near the chowk of new bus stand, Car No. HIU-1000, driven by respondent No. 3, and owned by respondents Nos. 1 and 2, came from behind and hit the scooter with the result that the scooterists fell down along with the scooter and sustained injuries. In the case of Amar Singh, the injuries were quite simple and he did not advance any claim for compensation whereas the claimant in the present case sus...
Joginder Nath Sood Vs. Jagat Ram Sood
Court: Himachal Pradesh
Decided on: Nov-23-1989
Reported in: AIR1990HP79
ORDERBhawani Singh, J.1. Tenant, Joginder Nath Sood, has a grievance against the judgment of the appellate authority (Rent Act) in Civil Misc. Appeal No. 46-S/14 of 1984 5-S/14 of 1985 whereby the appeal of the landlord, Jagat Ram Sood, has been allowed and order of eviction, from the demised premises, has been passed with a direction to the tenant to put the landlord in possession of the premises within a period of one month from the date of the order, thus, giving cause to the tenant to move this Court by way of this petition under Section 21 of the Himachal Pradesh Urban Rent Control Act, praying for the annulment of the impugned judgment and dismissal of the eviction petition initiated by the landlord.2. The necessary facts of this case are that the tenant is in occupation of accommodation consisting of one room and a kitchen, on the first floor of the building known as 'Shesh Mahal', Lower Lakkar Bazar, Shimla. The landlord moved a petition under Section 14 of the Himachal Pradesh...
Leela Devi and anr. Vs. Ram Lal Rahu and anr.
Court: Himachal Pradesh
Decided on: Nov-23-1989
Reported in: 1990ACJ431
Bhawani Singh, J.1. This appeal arises out of the order of Commissioner (under the Workmen's Compensation Act, 1923), Bilaspur, in Case No. 8/84-1/87; decided on 15.11.1988. By this order, the claim of the appellants for compensation, to the tune of Rs. 50,000/-, has been rejected. The appellants feel aggrieved by this order, therefore, they have assailed the same by way of this appeal.2. Briefly, the case of the appellants is that Tulsi Ram was on duty as watchman in the factory area between 12 p.m. to 8 a.m. on 31.1.1984. Since there was neither any heating arrangement nor woollens provided to him, Tulsi Ram caught cold as a result of which he developed pain in his stomach and during the course of his employment, he died on 1.2.1984 in the factory hospital where he was shifted. Therefore, Tulsi Ram died as a consequence of and in the course of his employment, thus enabling the appellants to move a petition to the Workmen's Compensation Commissioner, Bilaspur, for the grant of compens...
Indian Oil Corporation Vs. Devinder Chaudhary and anr.
Court: Himachal Pradesh
Decided on: Nov-17-1989
Reported in: AIR1990HP95
ORDERP.C. Balakrishna Menon, C.J.1. This revision petition by the first defendant is against the order of the lower court dismissing his application for stay of the suit under Section 34 of the Arbitration Act, 1940.2. The plaintiff had entered into three agreements with the first defendant, the Indian Oil Corporation, for transport of L.P.G. Cylinders from Jullundur to Bilaspur and also from Jullundur to Nangal. All these agreements are on identical terms. Clause 35 of the agreement contained a provision for arbitration of all disputes arising out of the contract to be referred to the Sole Arbitration of the Director, Marketing of the first defendant Corporation or some other officer of the Corporation who may be nominated by the Director. As per the terms of the agreement, the plaintiff had furnished bank-guarantee to the tune of Rs. 22,500/- in respect of each of the three contracts. The second defendant is the Bank of India who had provided the bank-guarantee on behalf of the plain...
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