Himachal Pradesh Court January 1996 Judgments
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Dharam Singh Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Jan-05-1996
Reported in: 1997CriLJ2769
Lokeshwar Singh Panta, J.1. The appellant was sent up for trial under Section 376 of the Indian Penal Code. The trial Court after appraising the evidence oh record found the appellant guilty of offence under Section 376, I.P.C. vide judgment dated 30-5-95 and imposed the sentence of seven years rigorous imprisonment on him and a fine of Rs. 5,000/-. In default of payment of fine, the appellant was to suffer three months simple imprisonment. Out of the amount of fine a sum of Rs. 3,000/- was ordered to be paid to the prosecutrix by way of compensation. The appellant has challenged his conviction and sentence in this appeal through Jail.2. Briefly stated the prosecution case was that on April 17,1992, the prosecutrix Km. Indra Devi (PW-1) aged between 16-17 years went to village Bagyanda for learning weaving work at about 9 a.m. from village Chhinjra in tehsil Kullu. She is the daughter of one Uttam, resident of village Ghaniara, tehsil Anni, district Kullu. At that relevant time, the pr...
Anil Kumar and ors. Vs. Central Bank of India and ors.
Court: Himachal Pradesh
Decided on: Jan-04-1996
Reported in: AIR1997HP5
1. This appeal is directed against the judgment and decree dated 23-8-1984 passed by the District Judge, Mandi, Kullu & Lahaul Spiti Districts at Mandi in Appeal No. 92 of 1982, whereby the judgment and decree dated 30-4-1982 passed by Sub-Judge 1st Class, Kullu decreeing the suit of the Bank, was modified and decree for a sum of Rs. 13,849-73 paise with cost was passed in favour of the plaintiff and against defendants 1 to 3.2. Central Bank of India is a corporate body. Its branch is situated at Bhuntar, tehsil' and District Kullu. The respondent No. 1-Bank herein was the plaintiff, M/s. Shere-Punjab Cloth Depot and its sole proprietor Sh. Dharam Singh Bhatia - the principal debtors (respondents 2 and 3 herein) were defendants 1 and 2. Sh. Roshan Lal (original appellant and Sh. Santokh Singh (respondent No. 4 herein) were guarantors-defendants 3 and 4. The respondent-Bank filed a suit forrecovery of Rs. 13,849-73 paise along with interest at the rate of 15 per cent per annum and misce...
The Associated Cement Companies Ltd. Vs. Union of India (Uoi) and ors.
Court: Himachal Pradesh
Decided on: Jan-02-1996
Reported in: AIR1997HP1
R.L. Khurana, J. 1. We propose to dispose of the above noted two Civil Writ Petitions by this single judgment since common question of law and facts is involved therein.2. The matrix of the cases is this. The petitioner is a public limited company incorporated under the Companies Act. It has set up an industrial Unit known as Gagal Cement Works at Barmana in District Bilas-pur. For the purpose of manufacture of cement, the petitioner Company gets raw material, such as, C.C.P. material, play ash,Iron Ore and Gypsum from outside the State of Himachal Pradesh. The finished product, that is, Cement is transported outside the State of Himachal Pradesh.3. The Central Government has framed a scheme known as Transport Subsidy Scheme, 1972 (hereinafter referred to as 'the Scheme'). This Scheme came into effect for the State of Himachal Pradesh from August 24, 1973. It was to remain in operation initially till March, 1979. However the Scheme has been extended from time to time. It has been last ...
Jeet Ram Vs. H.P. State Handicrafts and Handloom Corpn. Ltd.
Court: Himachal Pradesh
Decided on: Jan-02-1996
Reported in: (1998)IIILLJ772HP
R.L. Khurana, J. 1. The petitioner was appointed as Peon with the Handicraft Board in the year 1972. His services were taken over by the respondent-Corporationin October, 1974. He was promoted as a Salesman on May 5, 1989. In 1991, he was transferred to Bhawanagar Emporium in District Kinnaur, where he remained posted till his voluntary retirement with effect from November 15, 1994. On completion of 22 years of service, the petitioner submitted an application dated August 30, 1993 (Annexure P-1), seeking his retirement from Service. The application (Annexure P-1) reads :'It is requested that there is nobody in my home to do work and my parents are in old age, for whom there is nobody to look after. Therefore, I want to take retirement from service.'2. In response to a communication dated September 9, 1993 addressed to the petitioner by the respondent-Corporation, the petitioner vide his application dated Septemebr 20, 1993 intimated that he may be given retirement under the Voluntary R...
Oriental Insurance Co. Ltd. Vs. Top Bahadur and ors.
Court: Himachal Pradesh
Decided on: Jan-01-1996
Reported in: 1996ACJ931
Bhawani Singh, J.1. This appeal arises out of the award of the Motor Accidents Claims Tribunal, Solan (hereinafter 'the Tribunal') in M.A.C. Petition No. 26-S/2 of 1984, dated 17.6.1988. Briefly, the facts may be narrated thus.2. The claimant was enrolled as recruit in 14 Gorkha Training Centre, Subathu, on 15.9.1983. During the course of training, he was required to participate in Battle Physical Efficiency Test during the morning hours of 20.3.1984 along with other recruits. All the recruits were required to participate in a long race from Subathu to Dharampur and back. While racing back from Dharampur to Subathu, when they reached near Forest Rest House, Subathu, at 8.10 a.m., respondent No. 1 came from behind on his scooter and knocked down the claimant who fell on the ground and sustained fracture of lower end of right fibula and multiple abrasions on the right knee and elbow. He was removed to the Military Hospital for medical treatment. Ultimately, the Medical Board, held at Mil...
National Insurance Co. Ltd. Vs. Roop Lal Gupta and ors.
Court: Himachal Pradesh
Decided on: Jan-01-1996
Reported in: 1997ACJ1180
Arun Kumar Goel, J.1. Brief facts giving rise to this appeal are that claimant filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 for compensation for injuries sustained by him in a motor accident on 10.12.1990 at Shimla (Khalini) at about 10 p.m. The case of the claimant was that he was Divisional Manager in the H.P. State Forest Corporation Ltd. and on 10.12.1990, he had come to Shimla in connection with his official duty in the office of Managing Director of respondent No. 2 in the official vehicle HIS 1311. This vehicle was insured with the appellant. Claimant further stated that on the fateful day at about 10 p.m., he was going to Khalini where he was to stay for the night but the vehicle met with an accident there. It was being driven by driver Jagdish Chand at a very high speed though the road had steep gradient and he had been asked not to drive it at such a high speed. The accident was the result of rash and negligent driving on the part of the driver. Cl...
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