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Himachal Pradesh Court March 1996 Judgments

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Mar 12 1996

Ram Pal Vs. State of H.P.

Court: Himachal Pradesh

Decided on: Mar-12-1996

Reported in: 1996CriLJ2374

Arun Kumar Goel, J.1. Apppellant is aggrieved by his conviction and sentence for having committed offences under Sections 302 and 324, IPC ordered by the Sessions Judge, Bilaspur in sessions trial No. 3/7 of 1992 on 27-10-1994, whereby he has been convicted for both the said offences and has been directed to undergo life imprisonment and to pay a fine of Rs. 2,000/- under Section 302, IPC and in default of payment of fine has been directed to further undergo rigorous imprisonment for a period of four months. He has also been directed to undergo sentence of one year imprisonment under Section 324, IPC. Both the sentences have been ordered to run concurrently.2. Facts giving rise to the present appeal are that the appellant and his father were charged Under Section 302 read with Section 34, IPC and under Section 307 read with Section 34, IPC for having inflicted injuries upon one Shri Jaiwant, who later on succumbed to those injuries in the hospital and also having attempted to commit mu...


Mar 08 1996

Pnb Dharamshala Vs. Sh. Prem Sagar Chaudhary and ors.

Court: Himachal Pradesh

Decided on: Mar-08-1996

Reported in: AIR1996HP86

Arun Kumar Goel, J. 1. Facts regarding which the parties are not in variance, are that civil suit No, 60 fo 1979, titled Punjab National Bank v. Sh. Prem Sagar Chaudhary and others, was filed in this court, wherein a compromise decree was passed as far back as on 19-3-1981, and the suit was decreed for the entire decretal amount of Rs. 2,02,331.30 with costs against all the defendants and while decreeing the suit, it was ordered that a sum of Rs. l,40,000/-shall carry future interest from the date of filing of the suit till the date of payment at the rate of 12% per annum.2. Since the judgment-debtors failed to pay the amount in terms of the aforesaid decree, pecree holder Bank sued execution petition No. 19 of 1986, which was finally disposed of by this court on 14-3-1989. Again the present execution petition No. 32 of 1993, has been sued which was filed on 13-9-1993 and a sum of Rs. 1,20,444.39 was claimed to be due, outstanding and recoverable from the judgment-debtors as on 5-2-199...


Mar 04 1996

Deep Chand Sood and ors. Vs. State of Himachal Pradesh and ors.

Court: Himachal Pradesh

Decided on: Mar-04-1996

Reported in: 1997ACJ831

Bhawani Singh, J.1. This writ petition has been preferred by the parents of students who drowned in river Beas on 28.5.1995 seeking relief of inquiry by Central Bureau of Investigation finding out the causes for the tragedy, responsibility therefor, punishment to the guilty ones and adequate compensation from the school authorities.2. Dalhousie Public School, Bhadhani was established in the year 1970 with respondent No. 2 as its founder Chairman. It is located near village Bhadhani on Pathankot-Dalhousie Road. Currently, there are about 450 students in the school with turnover of Rs. 1,25,00,000/-. All the students were studying in V and VI Classes except Gurkirat Singh Grewal who was a student of IV Class and were staying in the hostel.3. 28.5.1995, being the last Sunday of the month, was a parents meeting day, therefore, as per the rules of the school, the parents/guardians were allowed to take the children/wards from the school premises and bring them back before 6.00 p.m. on the sa...


Mar 04 1996

Krishni and ors. Vs. Amar Nath and ors.

Court: Himachal Pradesh

Decided on: Mar-04-1996

Reported in: I(1997)ACC251

Arun Kumar Goel, J.1. Brief facts giving rise to this appeal are that appellants filed a claim petition before the Motor Accidents Claims Tribunal, Shimla Division, Camp at Bilaspur, against the respondent No. 1, Amar Nath, owner, Parkash Chand, driver and New India Assurance Co. Ltd., insurer of tractor bearing registration No. 7141. Appellant No. 1 is the widow, appellant No. 2 is the minor daughter and appellant Nos. 3 and 4 are minor sons of late Inder Dev. During the course of proceedings pending before the Tribunal, parents of the deceased, namely, Himi and Sairu, were impleaded as proforma respondents and in the present appeal they are arrayed as appellant Nos. 5 and 6.2. Case as pleaded by the appellants was that deceased Inder Dev was working as a beldar in Beas Sutlej Link Project at Slapper Colony, District Mandi, H.P. On 21.1.1983 deceased along with three other-passengers are stated to have taken lift in the tractor near Slapper. These passengers were to get down at Barman...


Mar 01 1996

Sh. Moti Lal Vs. State of H.P.

Court: Himachal Pradesh

Decided on: Mar-01-1996

Reported in: AIR1996HP90

Arun Kumar Goel, J.1. Brief facts giving rise to this case are that the State of Himachal Pradesh entered into an agreement for construction of 16.50 mtrs. effective span RCCT-Beam bridge over BhatkaNallah on Bodh Chakki Dhar road Km.52/825. After the tender submitted by the plaintiff-non-objector for the said work had been accepted by the department, agreement No. 20/1987-88 was entered into. The agreement/contract was for Rs. 5,71,234.20 and the date of the completion as per agreement was 8-6-1988. However, is is not disputed between the parties that this time was extended from time to time till Januray, 1990.2. Since disputes had arisen between theparties, plaintiff claimed reference of disputes and Chief Engineer (North), H.P.P.W.D. Dharamshala vide his letter dated 9-3-1993 appointed Superintending Engineer, Arbitration Cell, H.P. P.W.D., Solan as sole Arbitrator to decide and make award regarding the claim and counter-claim between the parties in respect of the said work. Arbitra...


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