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Himachal Pradesh Court January 1993 Judgments

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Jan 15 1993

Punjab Electricity Board Vs. Darshan Singh Rana and ors.

Court: Himachal Pradesh

Decided on: Jan-15-1993

Reported in: (1993)IILLJ893HP

Devinder Gupta, J.1. Learned Counsel for the parties state that decision in Civil Writ Petition No. 421 of 1987 will also decide the fate of the other four petitions. Consequently, we propose to dispose of the aforementioned five writ petitions by this common judgment. However, reference hereunder is being made to the facts in Writ Petition No. 421 of 1987.2. Petitioner-Board constituted under the Indian Electricity (Supply) Act, 1948 has number of Power Projects, one of which is located at Shanan in Jogindernagar of District Mandi, Himachal Pradesh, known as Shanan Power House. Respondents No. 1 to 12 have been working as Machine Attendants and Assistant Machine Attendants. There has been revision of pay-scales applicable for numerous categories of employees of the petitioner Board effective from January 1, 1978. Respondents felt aggrieved due to the alleged anomalies in their pay-scale. Prior to January 1, 1978, Machine Attendants and Assistant Machine Attendants were in the pay scal...


Jan 07 1993

State of H.P. Vs. Jagroop Singh and ors.

Court: Himachal Pradesh

Decided on: Jan-07-1993

Reported in: 1993CriLJ2766,I(1994)DMC197

Bhawani Singh, A.C.J.1. Through this petition, the judgment of acquittal recorded by Sessions Judge, Kangra, in Sessions Case No. 11/91, dated 26.3.1992, is sought to be assailed by the State. The accused were tried for offences under Sections 498-A/304-B read with Section 34 of the Indian Penal Code for having subjected deceased Krishna Devi to cruelty in order to meet their unlawful demand for dowry and the death having taken place within seven years of her marriage with accused Jagroop Singh in furtherance of their common intention. The prosecution case runs as follows :2. The accused are husband (Jagroop Singh), father (Balbir Singh), mother (Satya Devi) and sister Bimla Devi. The ' deceased was married to accused Jagroop Singh in the year 1982. On 6.7.1988, she consumed some poison at the house while the accused were working in the fields nearby. This fact was noticed by the younger son of accused Balbir Singh, who had come to the house to take water. He found the deceased lying o...


Jan 05 1993

J.S. Tins Fabricators and ors. Vs. U. Co. Bank

Court: Himachal Pradesh

Decided on: Jan-05-1993

Reported in: AIR1994HP33

Devinder Gupta, J. 1. The order passed on 30th April, 1992 by the learned single Judge of this Court in OMP No. 398/91 is under challenge in this appeal at the behest of defendants.2. On 24th February, 1988 the plaintiff-bank filed suit for recovery of Rupees 2,46,116,25 paise against the defendants alleging that at the request of defendants certain loan facilities were provided to them, which they availed of and despite demands failed to liquidate their liability. A decree for the aforesaid amount along with future interest has been claimed in the suit.3. The suit was resisted by the defendants, who filed their written statement on 17th May, 19.89. While admitting the fact that loan facility was availed of by them, it was averred that the rate of interest agreed to was to the tune of 15 1/2% per annum and not 17 1/2% per annum because as per the agreement the interest payable was to be as per the norms of the Reserve Bank of India issued regarding the Small Scale Industrial Units from...


Jan 05 1993

Mohan Lal Vs. State of Himachal Pradesh and anr.

Court: Himachal Pradesh

Decided on: Jan-05-1993

Reported in: 1994ACJ325

Bhawani Singh, Actg. C.J. 1. On 5.8.1991, the petitioner sent a communication to the Chief Justice of this court. Consequently, the matter was ordered to be registered on the judicial side Hence, the present writ petition before us.2. The petitioner has stated that on 3.5.1987, while passing through the road, he stopped at a place where bus No. 6322 of the respondent Corporation was standing. The driver and the conductor of this bus had lit fire beneath the diesel tank. On account of formation of gases the pressure in the tank increased, the diesel tank burst and caught fire and engulfed the petitioner as well as the conductor of the bus. Thereafter he was admitted in Civil Hospital, Theog, where he remained till 10.12.1987. In between this period, he was also admitted in Indira Gandhi Medical College and Hospital, Shimla, from 18.8.1987 to 24.8.1987. According to the petitioner, he again remained admitted in the same hospital from 12.4.1988 to 14.5.1988.3. The petitioner has stated th...


Jan 01 1993

Tula Ram and anr. Etc. Vs. State of H.P.

Court: Himachal Pradesh

Decided on: Jan-01-1993

Reported in: 1993CriLJ2742

ORDERD.P. Sood, J.1. A common question regarding jurisdiction of the Special Judge to entertain and take cognizance of the offences, particularly, under the Prevention of Corruption Act, 1988 (hereinafter called as the 'New Act'), has arisen. Thus, the above said Criminal Revisions and Cr. M.P. (M) can be disposed of by a common order.2. There is no dispute that Special Judges, vested with the powers under Section 3 read with Section 4 of the Prevention of Corruption Act, 1947, (hereinafter called the 'Old Act') were competent to deal with the offences under the old Act. However, with respect to the offences committed prior to coming into force of the New Act but challans filed after it came into force, the powers of the Special Judges have been taken away except in pending cases from the date of the commencement of the New Act.3. In all the above said case, commission of offences is alleged to be prior to the coming into force of New Act, however, challans have been filed in all these...


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