Himachal Pradesh Court April 1996 Judgments
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Chamunda Spun Pipe Industry Vs. Ishwar Dass and ors.
Court: Himachal Pradesh
Decided on: Apr-25-1996
Reported in: II(1996)ACC261
R.L. Khurana, J.1. The admitted facts of the present case are that on 29.3.1984 at about 4.00 p.m. truck No. HPM 1411 belonging to respondent No. 1 and being driven by respondent No. 2 while proceeding from Nerchowk to Kangu, had turned turtle at a place in between Harabagh and Jarol. In the said accident, one Indru had died, while Prabhu Ram, Nek Ram and Ram Dass had sustained bodily injuries.The truck at the relevant time was loaded with cement pipes and collars belonging to the petitioner-appellant. Such pipes and collars were also damaged in the said accident.2. The appellant-petitioner filed a petition under Section 110-A of the Motor Vehicles Act, 1939, corresponding to Section 166, Motor Vehicles Act, 1988, (hereinafter referred to as 'the Act'), claiming compensation for damage caused to his goods, namely, cement pipes and collars.3. The respondents while resisting the claim petition denied rash and negligent driving on the part of respondent No. 2. It was averred that the brak...
Himachal Road Trans. Corpn. and anr. Vs. Atma Ram and anr.
Court: Himachal Pradesh
Decided on: Apr-25-1996
Reported in: 1997ACJ946
P.K. Palli, J.1. Both these appeals have been filed by the Himachal Road Trans. Corpn. against the award of the Motor Accidents Claims Tribunal (I), Mandi, Kullu and Lahaul & Spiti Districts at Mandi (hereinafter referred to as 'the Tribunal'), dated 1.4.1991.2. Two separate claims were filed which had arisen out of the same accident. Both these claims were consolidated and have been disposed of by a common award. Two separate appeals (F.A.O. Nos. 106 and 156 of 1991) have been filed against the award and are proposed to be disposed of by a common judgment.3. On 15.6.1989, Dharam Pal had come to the town of Mandi along with his friend Manohar Lai, since deceased. Dharam Pal was driving the motor cycle and Manohar Lai was sitting on the pillion. Both these persons had started from Mandi for their village at about 9.00 at night and on their way, bus belonging to the appellant was spotted coming from the opposite direction. Dharam Pal at that point noticed that some debris of a landslide ...
Shiv Kumar Chopra Vs. Beas Construction Board and anr.
Court: Himachal Pradesh
Decided on: Apr-18-1996
Reported in: AIR1997HP18
ORDER1. This petition for revision has been directed against the judgment dated 1-9-1992 of the District Judge, Mandi, passed in appeal under Section 39(1) of the Arbitration Act, 1940, against the judgment dated 8-3-1990 of the Senior Sub-Judge, Mandi.2. The work of 'construction of structure foundation, cable trenches covers and retaining walls for 132 KV Switchyard at Slapper' was awarded in favour of the petitioner by the respondent -- Beas Construction Board vide agreement No. 5/1976 dated 8-12-1976.3. On a dispute having arisen between the parties, the matter was referred to arbitration. Initially vide order dated 3-5-1982 of the Senior Sub-Judge, Mandi, the matter wasreferred to the arbitration of Shri S. T. Minhas of Debar Power Circle, Sundernagar. The said arbitrator entered upon the reference but he could not make his award. Therefore, one Shri H.S. Baweja came to be appointed as? an arbitrator. He too could not make the award. Ultimately, the Senior Sub-Judge, Mandi, on 22-...
Oriental Insurance Co. Vs. Kala Devi and ors.
Court: Himachal Pradesh
Decided on: Apr-18-1996
Reported in: 1997ACJ17,(1998)IIILLJ133HP
R.L. Khurana, J.1. The above noted first appeal and the cross-objections which have arisen out of the order dated August 29, 1985 of the Commissioner under the Workmen's Compensation Act, 1923, hereinafter referred to as 'the Act' are being disposed of by this single judgment.2. The facts of the present case in brief may be stated thus. The respondents 1 to 5 are the legal heirs of deceased Lot Ram. They are hereinafter referred to as 'the claimants'. Respondent No. 6 is the employer under whom the deceased Lot Ram was working as a tractor Driver. Appellant in F.A.O. No. 181 of 1985 is the Insurance Company with whom the truck of theemployer was insured.3. The deceased Lot Ram on October 6, 1981 while under the employment of the employer as a tractor Driver died in the accident. The claimants approached the Commissioner under the Act for the grant of compensation. During the pendency of the proceedings before the Commissioner, the parties arrived at a compromise. By virtue of the said ...
Satish Kumari Vs. Ranjit Singh
Court: Himachal Pradesh
Decided on: Apr-11-1996
Reported in: AIR1997HP16
P.K. Palli, J. 1. This is wife's appeal against the judgment and decree passed by the learned District Judge, Una, whereby her petition for divorce under Section 13 of the Hindu Marriage Act, 1955 stands-declined.2. The admitted position is that the parties were married as back as 1973 and they have three daughters out of the wedlock, quite grown up with ages 19, 17 and 15 years respectively when the decision was made in the year 1994 and now two years to each one can further be added to their respective ages.2A. A divorce was sought on the twin ground of desertion and cruelty. It was pleaded that after the birth of the daughters, the respondent-husband started doubting her character and used to give beatings regularly. It is also stated that in this position her living with the husband became impossible. The appellant was not even matriculate at the time of her marriage and the husband too had not even passed out the middle standard examination. The appellant-wife in the interest of t...
Gangi Devi Vs. Alam Chand
Court: Himachal Pradesh
Decided on: Apr-09-1996
Reported in: II(1996)DMC242
R.L. Khurana, J.1. By virtue of the present petition made under Article 227 of the Constitution of India, the petitioner is seeking appropriate directions for quashing and setting aside of the order dated6.7.89 passed by the Additional Sessions Judge, Mandi, dismissing the revision petition of the petitioner and thereby affirming, the order of the Judicial Magistrate 1st Class (3), Mandi passed on 17.8.88.2. The petitioner is the wife, while the respondent is the husband.3. The petitioner, for and on behalf of herself and her two minor daughters and one minor son, had filed a petition under Section 125 of the Code of Criminal Procedure (hereinafter referred to as the Code) se'king maintenance for herself and her minor children. The said petition, in so far as the petitioner is concerned, was dismissed by the Judicial Magistrate 1st Class (3), Mandi. The petition, in respect of the minor children was, however, allowed and maintenance was awarded in their favour by the learned Magistrate...
Bhupinder Singh and anr. Vs. State of Him. PrA.
Court: Himachal Pradesh
Decided on: Apr-03-1996
Reported in: 1997CriLJ339
R.L. Khurana, J.1. The two appellants have been convicted for the offence under Section 376, IPC by the Additional Sessions Judge (I), Shimla and sentenced to undergo rigorous imprisonment for a period of eight years each. The two appellants have further been sentenced to pay a fine of Rs. 2,000/- each and in default of payment of fine, they have been directed to undergo rigorous imprisonment for a further period of one year each.2. The two appellants are alleged to have committed the offence of rape in question on 22-7-1986.3. The prosecution story may be briefly stated thus. PW.2, the prosecutrix Kumari Sumitra and PW. 3 Kumari Savita are real sisters. They are resident of village Pohach, Pargana Satota, Tehsil Chopal, District Shimla. One Kumari Kanta is their cousin. All the three were studying in a Middle School near their village. For going to the school from their village, they had to travel through a forest known as Jatania forest. The prosecutrix Kumari Sumitra at the relevant...
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