Himachal Pradesh Court July 1989 Judgments
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Himachal Road Transport Corpn. Through Its General Manager Vs. Guddi a ...
Court: Himachal Pradesh
Decided on: Jul-24-1989
Reported in: I(1990)ACC577,1990ACJ479
Bhawani Singh, J.1. By this appeal, the Himachal Road Transport Corporation challenges the award of the Motor Accidents Claims Tribunal, Mandi, Kullu, Lahaul & Spiti districts, in claim petition No. 1 of 1980; decided on 29.9.1981.2. The facts, in brief, are that on 17.7.1979 at about 2.45 p.m. bus No. HPU 494 driven by Saran Dass driver was coming from Shimla to Kullu. At Dhalpur bazar, near the State Bank of India, it struck against scooter No. HPS 920, driven by one Charan Dass. Rup Chand deceased was the pillion rider. The driver was driving the bus in a very rash and negligent manner and went to his right side leaving virtually no place for the scooter to pass through its extreme left side. The deceased fell down on the roadside, received head injury and later on succumbed to the same in Civil Hospital, Kullu.3. The claimant, Guddi, is the widow of the deceased Rup Chand. This claim petition has been filed by the widow of the deceased, his mother Heti Devi and minor son Jagat Ram....
Brestu Ram Vs. Anant Ram and ors.
Court: Himachal Pradesh
Decided on: Jul-24-1989
Reported in: I(1990)ACC67,1990ACJ333
Bhawani Singh, J.1. Brestu Ram, once a mason in the Beas-Sutlej Link Project, Sunder-nagar, drawing Rs. 650/- per month at that stage, appears to have been rendered penniless, if not to this extent, at least appears to be bony-structure moving about and into this court on crutches and appeals through his counsel, Mr. Rajeev Mehta, for the decision of his appeal filed in 1983. His complaint is justified as he had the right to move the court and the court has to render justice to the litigants, more so in such like cases, at the earliest. I proceed to examine his case with the assistance of learned counsel appearing for the parties.2. The facts, in brief, are that Brestu Ram (35) was working as a mason in the Beas-Sutlej Link Project, Sundernagar, and was drawing Rs. 650/- per month. He states that on 19.5.1977, he had gone to village Jakhehar to bring bamboos. He was standing on the correct side of the road and was 2/4 feet away from the metalled part of the same. In the meantime, truck...
Shahniwaj Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Jul-11-1989
Reported in: 1990CriLJ1337
ORDERBhawani Singh, J.1. The petitioner, Shahniwaj, assails his conviction by the Courts below for an offence under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act (briefly hereinafter 'the Act'). Sentence of six months' rigorous imprisonment and a fine of Rs. 1,000/- and for failure to pay the same further rigorous imprisonment for two months has been imposed by the trial court, and confirmed by the Appellate Court, in its judgment in case No. 2-N/10 of 1986 decided on 1-12-1986.2. The facts, in brief, are that the petitioner was found carrying 24 Kgs. of mixed milk for sale on the outskirts of Paont a Sahib by the Food Inspector Shri G. R. Puri on 26-11-1979 at 1-30 p.m. Milk to the extent of 660 Mls. was purchased from the petitioner for the purpose of analysis against payment of Rs. 1.32 P., the price of the same, against receipt (Ex.P-2), Gian Chand (PW-2), an independent witness, was present at that time.3. The sample milk was divided into three equal parts and was...
Smt. Mewa Devi and ors. Vs. Ram Parkash Rajinder Paul and anr.
Court: Himachal Pradesh
Decided on: Jul-11-1989
Reported in: 1990ACJ468,AIR1990HP53
Bhawani Singh, J.1. These appeals (FAO (MVA) 22 of 1982 Smt. Mewa Devi and Ors. v. Ram Parkash Rajinder Paul and Anr. and FAO (MVA) No. 23 of 1982 Smt. Kamla Devi & Ors. v. M/s Ram Parkash Rajinder Pal and Anr.) arise out of the same accident and the same award of the Motor Accidents Claims Tribunal, Mandi, Kullu and Lahaul districts decided on 3-3-1982 thereby rejecting the claims of the appellant. The issues involved being common, both the appeals are being taken up for decision together.2. The facts, in brief, are that the appellants are the dependants of the deceased in these two cases and the claim-petitions pertain to the death of Waryam Singh (FAO 22 of 1982) and Paras Ram (FAO 23 of 1982) in an accident of truck bearing No. HPM-9755 on 30-1-1981 owned by respondent No. 1 and insured with respondent No. 2. It took place near Badanu on Mandi-Kullu road at 5-30 p.m. on that day. As a result of this accident, deceased Waryam Singh succumbed to injuries in Civil Hospital, Mandi, on ...
Smt. Dakhnu Vs. Hem Raj and ors.
Court: Himachal Pradesh
Decided on: Jul-11-1989
Reported in: AIR1991HP56
ORDERBhawani Singh, J.1. The petitioner, Dakhnu has a grievance against the judgment of the Appellate Authority under the Rent Control Act (District Judge, Mandi) in C.M.A. No. 32 of 1982 decided on 23-11-1982 thereby confirming the order of eviction passed by the Rent Controller, Mandi, in Rent Petition No. 1 of 1976 decided on 30-1-1982.2. The facts, in brief, are that the landlord (hereinafter to be referred to as respondent and Dakhnu as petitioners) filed an eviction petition under Section 14 of the H.P. Urban Rent Control Act, 1971 (in brief 'the Act') before the Rent Controller, Mandi, on 21-2-1976 on the ground that the building is required bona fide by him for the purpose of reconstruction which cannot be carried out without the building being vacated. It is a single storeyed shop comprised in Khasra No. 943 in Mohalla Bhagwahan, Mandi town, measuring 16.30 square meters. The original tenant was Sh. Deli Ram and after his death his widow, the present petitioner has become the ...
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