Himachal Pradesh Court October 1993 Judgments
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Alpana Vs. Mohanlal
Court: Himachal Pradesh
Decided on: Oct-27-1993
Reported in: 1993CriLJ1008
ORDERKamlesh Sharma, J.1. Miss Alpana is a minor. She has filed this petition under Section 482, Cr. P.C. read with Article 227 of the Constitution of India through her mother and natural guardian, Smt. Sarla Devi wife of respondent Mohan Lal. Miss Alpana is aggrieved by the judgment dated 27th November, 1991 passed by the Sessions Judge (Forests), Shimla, whereby the judgment dated 24th December, 1988 of Sub-Divisional Judicial Magistrate, Rampur Bushahar, was affirmed. The Sub-Divisional Judicial Magistrate had dismissed the petition under Section 125, Cr. P.C. filed by Miss Alpana for granting her maintenance, holding that she is not the daughter of respondent Mohan Lal.2. There is no dispute that Smt. Sarla Devi, the mother of Miss Alpana, is the wife of respondent Mohan Lal and their such relationship is subsisting. They were married in the year 1983. On 22nd March, 1986, Smt. Sarla Devi filed a petition under Section 125, Cr. P.C. for maintenance for herself and for her first dau...
Mrs. Vidya Stokes Vs. State of Himachal Pradesh and anr.
Court: Himachal Pradesh
Decided on: Oct-21-1993
Reported in: 1994CriLJ1833
Devinder Gupta, J.1. The petitioner has approached this Court seeking to quash First Information Reports as also investigations conducted and action taken thereupon, involving her therein, in connection with her alleged conduct as a General Secretary of the Himachal Pradesh Council for Chilf Welfare.2. The petitioner is the widow of late Mr. Lal Chand Stokes, one of the three sons of Mr. Samuel Stokes, a pioneer in bringing apple revolution in Himachal Pradesh. It is her case that after the death of her husband, who was the member of Legislative Assembly from Teog, she in the year 1972 came in active politics. She and her husband as Congress candidates were always opposed from this constituency by one Mehar Singh Chauhan, who contested the election either as an independent candidate or a candidate of Bhartiya Janta Party (Bhartiya Jan Sangh) or as Janta Dal activist. It is alleged that Mehar Singh Chauhan belongs to Balsan area falling in Theog Assembly constituency and is married to t...
Bhagwan Dass Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Oct-21-1993
Reported in: I(1995)ACC57
Bhawani Singh, A.C.J.1. This appeal arises out the claim petition No. 28 of 1982, decided by the Motor Accident Claims Tribunal (I), Mandi on February 11, 1982. Briefly, the facts may be stated thus.2. Claimant Bhagwan Dass (here-after 'the claimant') parked his Car for repairs out side a workshop on September 5, 1981 at 7.00 p.m. at Srawari Bazar, Kullu. While he was taking out some articles from the boot of the Car and most part of his body was inside it, Jeep bearing No. HPU 782 belonging to respondents Nos. 1 and 2 being driven rashly and negligently by respondent No. 3, came from Akhara Bazar and hit the leg of the claimant resulting in grievous injuries. At this time, the claimant was Managing Director of Kullu Valley Agro Industries Private Ltd., Raison, getting Rs. 1,000/- per month by way of salary in addition to income of equal extent from agriculture. At the time of accident, he was 55 years old. He moved claim petition under Section 110-A of the Motor Vehicles Act, 1939 cla...
Bhagwan Dass Vs. State of Himachal Pradesh and ors.
Court: Himachal Pradesh
Decided on: Oct-21-1993
Reported in: 1994ACJ702
Bhawani Singh, Actg. C.J.1. This appeal arises out of the Claim Petition No. 28 of 1982, decided by the Motor Accidents Claims Tribunal (I), Mandi, on February 11, 1982. Briefly, the facts may be stated thus.2. Claimant Bhagwan Dass (hereafter 'the claimant') parked his car for repairs outside a workshop on September 5, 1981, at 7 p.m. at Srawari Bazar, Kullu. While he was taking out some articles from the boot of the car and most part of his body was inside it, a jeep bearing No. HPU 782 belonging to respondent Nos. 1 and 2, being driven rashly and negligently by respondent No. 3, came from Akhara Bazar and hit the leg of the claimant resulting in grievous injuries. At this time, the claimant was the Managing Director of Kullu Valley Agro-Industries Pvt. Ltd., Raison and getting Rs. 1,000/- per month by way of salary in addition to income of equal extent from agriculture. At the time of accident, he was 55 years old. He moved claim petition under Section 110-A of the Motor Vehicles Ac...
Surjit Singh Vs. Waryam Singh and anr.
Court: Himachal Pradesh
Decided on: Oct-15-1993
Reported in: 1994ACJ505
Devinder Gupta, J.1. Appellant has come up in appeal against the award made on 10th December, 1990, by the Motor Accidents Claims Tribunal, Una, for further enhancement of the amount of compensation.2. On 4th September, 1988, at about 4.00 p.m., when appellant along with his aunt, Darshan Kaur, was standing on the kacha portion of the road near village Badhauri in District Una, he was hit by a scooter No. DDK 7399 driven by respondent No. 1, which was on its way from Kante Palkwah towards Haroli. As a result of this, the claimant-appellant fell on the road and received serious injuries on his head and mouth. He was immediately taken to Civil Dispensary, Haroli, from where he was referred to District Hospital, Una and within an hour, he was referred to Post Graduate Institute, Chandigarh. The condition of the appellant when he was brought to P.G.I. was very serious. Immediate operation was advised by Dr. Rajesh Pasricha, Senior Resident Neurosurgeon, in consultation with Dr. S.N. Mathur...
Krishna Kapoor and ors. Vs. Himachal Road Transport Corporation
Court: Himachal Pradesh
Decided on: Oct-13-1993
Reported in: 1994ACJ1183
A.L. Vaidya, J.1. The present appeals, preferred by the Himachal Road Transport Corporation (in short, 'the Corporation') and by the claimants, along with cross-objections, are the result of a motor accident which took place on 26th July, 1980, in between 5.00 and 5.30 a.m. near railway crossing between Jabli and Dharampur on Kalka-Shimla National Highway. The bus owned by the Corporation with No. HPK 1464 was on night service coming from Dharamshala to Shimla. It started from Dharamshala at about 7.00 in the evening on 25th July, 1980. This bus was of a long route and, accordingly, two drivers used to operate it. One Hukam Chand, driver, drove the bus upto Ropar. However, according to the claimants, he brought the bus upto Kiratpur and handed it over to Ramesh Kumar, the second driver. The bus when reached near the place of accident it rolled down out of the road resulting in causing fatal injuries and other injuries to various occupants of the bus. This accident has been attributed t...
New India Assurance Co. Ltd. and ors. Vs. Vinod Kumar
Court: Himachal Pradesh
Decided on: Oct-01-1993
Reported in: AIR1994HP122
Kamlesh Sharma, J. 1. This revision petition under Section 115 of the Code of Civil Procedure is directed against the judgment dated 22-3-1993 passed by Additional District Judge (I), Kangra at Dharamshala whereby the appeal of the respondent Vinod Kumar Sharotria was accepted, the judgment dated 3-8-1992 by Senior Sub-Judge, Kangra at Dharamshala was set aside and his application under Section 20 of the Arbitration Act was accepted. The Additional District Judge issued the following directions :-'The respondents are directed to refer the matter to an Arbitrator for determination of the dispute which has arisen regarding the quantum of compensation payable to the appellant in accordance with the terms of the policy within a period of one month from today. In case the respondents failed to do so then the same shall be done by the learned Senior Sub-Judge, Dharamshala on the motion of the appellant. The respondents may choose arbitrator for determination of the dispute with the consent o...
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