Himachal Pradesh Court August 1989 Judgments
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Shri Asheesh Sharma and anr. Vs. Himachal Pradesh University, Shimla a ...
Court: Himachal Pradesh
Decided on: Aug-31-1989
Reported in: AIR1991HP39
V.K. Mehrotra, J.1. The Government of Himachal Pradesh runs a Medical College at Shimla. It is called Indira Gandhi Medical College, shimla. The admission to the First Year M.B.B.S. Course is in accordance with the Prospectus issued by the State Government.2. There are sixty-five seats in the College. Of them, ten are filled-in on the basis of All-India Entrance Test conducted by theCentral Board of Secondary Education (CBSE). Five seats are filled-in by nomination to be made by the Government of India. Twenty-six seats are reserved for various categories. The distribution of these seats includes, two seats for the candidates belonging to backward classes and three seats for those from backward area. The present petitions relate to the seats reserved for the candidates from backward area.3. The admission to the M.B.B.S. Course is on the basis of a competitive examination conducted by the Himachal Pradesh University. The question papers are to be objective (MCO) type. The merit list is ...
Amar Singh Vs. the State of Himachal Pradesh and anr.
Court: Himachal Pradesh
Decided on: Aug-16-1989
Reported in: AIR1991HP26
Bhawani Singh, J.1. This appeal arises out of the judgment of Senior Sub-Judge, Solan, in case No. 1/2/77 decided on 27-6-1978 thereby dismissing the objections of the appellant against the award and making the award dated 2-9-1977 for Rs. 20091.77 as rule of the court and passing a decree to the aforesaid extent in favour of the State of Himachal Pradesh. The appellant has a grievance against this judgment and assails the same by way of this appeal.2. The facts, in brief, are that an agreement was executed between the parties from 10-6-65 to December 31, 1965 regarding the sale of fertilizer. On expiry, it was not renewed and the transaction continued. In accordance with the terms of the agreement, the matter was to be referred to an Arbitrator in case of a dispute between the parties, Such a dispute arose and the matter was taken in for arbitration. The Arbitrator gave the aforesaid award and it came to the court for making it the rule of the court and passing a decree executable as ...
Budhi Singh Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Aug-16-1989
Reported in: AIR1991HP27
Bhawani Singh, J.1. This appeal arises out of the judgment Sub-Judge, First Class, Kullu, in case No. 187/71 and 186/71 decided on 1-12-1973 thereby dismissing the objections of the appellant for setting aside the award given by the Arbitrator in the disputes between the parties.2. The facts, in brief, are that the appellant executed contracts for felling-rolling, logging and loading of timber of Timber Extraction Division, Kullu. These agreements were executed on 26-12-1970. There arose disputes between the parties regarding the amount due for the execution of the works in question. Consequently, Shri B. S. Parmar, who was Conservator of Forests in the Department of Forests, Government of Himachal Pradesh, was appointed as the Arbitrator with the consent of the parties on 8-1-1972. The Arbitrator proceeded with the matter. He was to determine as to how much work was done by the appellant and what payment was due to him. The arbitrator was to decide the matter after giving the parties ...
Dr. Bhupesh Gupta and Vs. State of Himachal Pradesh and ors.
Court: Himachal Pradesh
Decided on: Aug-16-1989
Reported in: AIR1990HP56
ORDERBhawani Singh, J.1. These petitions, by the petitioners, arise out of the same incident/Although the extent of punishment varies marginally, however, the substance of the case remains unchanged. Therefore, both these petitions are being taken up together for decision by a common judgment.2. The facts are that Dr. V. P. Lakhanpal, Professor and Head, Department of Orthopaedics, Indira Gandhi Medical College, Shimla, made a written complaint on 28-10-1988 alleging that on the night of 26-10-1988 certain students, namely, Dr. Kapila and Dr. Bhupesh Gupta (both internees), Mr. Naroo and Mr. Narinder Singh Gill (students) of the college came to his place in doctors' residence in Corestorphen Estate at about 10.30 p.m. and abused him. Further, it was complained that Dr. Bhupesh Gupta also threatened him with physical violence and he was joined by Dr. Kapila in showering abuses and to mention the language of the abuses would be to cross the limits of human decency. In this complaint to t...
Som Nath Sharma Vs. Prem Lata and ors.
Court: Himachal Pradesh
Decided on: Aug-16-1989
Reported in: AIR1991HP35
Bhawani Singh, J.1. This revision under Section 24(5) of the Himachal Pradesh Urban Rent Control Act, 1987 (briefly 'the Act'), is against the order dated 27-4-1989 passed by Appellate Authority (I), Shimla, confirming the order dated 31-8-1989 passed by the Rent Controller (2), Shimla. Eviction of the petitioner from the premises in dispute has been ordered by both the authorities under the Act, hence the petitioner has challenged the same by way of this revision petition.2. Briefly stated, the facts are that the landlords (hereinafter referred to as 'the respodents') are the owners of the building known as 'Rattan Deep, Talbot Cottage', the Mall, Shimla. The petitioner is a tenant under them. He is in occupation of a big room measuring 14' x 11: 6' on the first floor with a kitchen 6' 1' x 6'.6' and toilet-cum-bath 6'.7' x 6'.6' on a monthly rent of Rs. 23.75 paise in addition to the municipal taxes.3. The respondents filed a petition under Section 14 of the Act for the eviction of t...
Karam Singh and ors. Vs. Beas Satluj Link Project Through Chief Engine ...
Court: Himachal Pradesh
Decided on: Aug-16-1989
Reported in: I(1990)ACC248,1990ACJ24
Bhawani Singh, J.1. This case has a sad commentary. The claimants are the father (72), young widow and the son of the deceased, Hakam Singh, who died in a motor accident on 11.5.1975. He was the only bread-earner of the family and was working as a carpenter in Beas Satluj Link Project, Sundernagar at the time of the accident. By the death of Hakam Singh, the family has been rendered totally helpless and without any source of income.2. A claim petition was moved on 10.11.1975 before the Motor Accidents Claims Tribunal, Bilaspur, against the Beas Satluj Link Project, Sundernagar, through the Chief Engineer, Sundernagar Township and against Karam Singh, driver of truck No. RL 267. The application was dismissed by the Tribunal on 22.12.1981 on the ground that no proper respondent was on the record. The Tribunal has observed that in the beginning, the claimants had arrayed the Executive Engineer, Beas Satluj Link Project, Bharari Tunnelling Division, Sundernagar, as respondent and later on ...
Rattan Lal and Etc. Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Aug-16-1989
Reported in: 1991CriLJ3302
V.K. Mehrotra, J. 1. Criminal Revision No. 20 of 1985 (Rattan Lal v. State of Himachal Pradesh) was filed in this Court on April 4, 1985. Rattan Lal was convicted by the Chief Judicial Magistrate, Bilaspur, under Section 7 read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (for brief 'the Act') by judgment and order dated November 17, 1984. He was sentenced to undergo rigorous imprisonment for six months and pay a fine of Rs. 1,000/-. The offence found proved against him was of selling adulterated cow milk to the Food Inspector. In appeal, the conviction was upheld by the learned Sessions Judge, Shimla, on March 22, 1985. The sentence awarded to the petitioner was also upheld.2. The sample of milk was found to be adulterated by the Public Analyst on account of the fact that the milk fat was found to be only 2.6% which was deficient by 29% than the minimum prescribed standard. One part of the sample was also sent, as per the request of the petitioner, to the ...
State of Himachal Pradesh and ors. Vs. Chand Krishan Hazari and anr.
Court: Himachal Pradesh
Decided on: Aug-16-1989
Reported in: 1990ACJ663
Bhawani Singh, J. 1. These appeals State of Himachal Pradesh v. Chand Krishan Hazari FAO. (MVA) No. 26 of 1982, Chand Krishan Hazari v. State of Himachal Pradesh F.A.O. (MVA) No. 29 of 1982, Indu Hazari v. State of Himachal Pradesh F.AO. (MVA) No. 30 of 1982 and State of Himachal Pradesh v. Indu Hazari F.AO. (MVA) No. 34 of 1982, arise out of the same accident and the common award. The facts, evidence and the principles of lawbeing common, they are being taken up for decision together by a common judgment.2. The facts, in brief, are that Chand Krishan Hazari, travelling by car No. DLK 2795 on 4.7.1970 at about 1 p.m. along with his wife Indu Hazari and other members of the family, left Manali for Delhi, met with an accident with truck No. HIM 3280, owned by the Government of Himachal Pradesh (Public Works Department), coming from opposite direction, driven by Om Prakash, it collided with the right side of the car. The collision was so serious that the car was pushed back by about 15 fe...
State of Himachal Pradesh and ors. Vs. Shrichand Kishan Hazri and ors.
Court: Himachal Pradesh
Decided on: Aug-16-1989
Reported in: I(1990)ACC44
Bhawani Singh, J.1. These appeals F.A.O. (MVA) No. 26 of 1982, State of Himachal Pradesh and Ors. v. Chand Krishan Hazari and Anr., FAO (MVA) No. 29 of 1982, Chand Krishan Hazari v. State of Himachal Pradesh and Ors, FAO(MVA) No. 30 of 1982, Indu Hazari v. State of Himachal Pradesh and Ors, and FAO(MVA) No. 34 of 1982, State of Himachal Pradesh and Ors v. Indu Hazari and Anr. arise out of the same accident and the common award. The facts, evidence and the principles of law being common, they are being taken up for decision together by a common judgment.2. The facts, in brief, are that Shri Chand Krishan Hazari travelling by car No. DLK 2795 on 4.7.1970 at about 1 pm along with his wife, Indu Hazari and other members of the family, left Manali for Delhi; met with an accident with truck No. HIM- 3280, owned by the Government of Himachal Pradesh (Public Works Department), coming from opposite direction, driven by Om Prakash; it collided with the right side of the car. The collision was th...
Om Parkash Vs. Sureshta Devi
Court: Himachal Pradesh
Decided on: Aug-01-1989
Reported in: I(1990)DMC127
Bhawani Singh, J.1. This appeal, by the husband, arises out of the judgment of District Judge, Hamirpur in H.M.P. No. 2 of 1985 decided on 31-12-1988. The grievance is that this petition, jointly moved by the parties under Section 13-B of the Hindu Marriage Act, 1955 (in brief 'the Act') for dissolution of marriage by a decree of divorce, has been dismissed by this Judgment and the appellant appeals that the decision is illegal and deserves to be set aside and the application under Section 13-B of the Act deserves to be allowed.2. The facts, in brief, are that the appellant and the respondent were married on 21-11-1968 but soon they fell apart. They have no issue out of this wedlock. The matter came to such a pass that finally on January 8, 1985, a joint petition was moved under Section 13-B of the Act for the dissolution of marriage by a decree of divorce. The statements of the parties, on oath, were separately recorded by the Court on 9-1-1985. This is the first stage of the case. Th...
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