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Himachal Pradesh Court December 1997 Judgments

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Dec 24 1997

Himachal Terpene Products Pvt. Ltd. and anr. Vs. Presiding Officer, La ...

Court: Himachal Pradesh

Decided on: Dec-24-1997

Reported in: (1998)IILLJ284HP

M.N. Rao, C.J.1. The petitioner, a private limited company engaged in the manufacture of terpene chemicals at Kala Amb, Nahan in District Sirmaur of Himachal Pradesh, has filed this writ petition challenging the legality of the award passed by the Presiding Officer, Labour Court, Himachal Pradesh, Shimla in Ref. Case No. 158/1990 dated July 3, 1992.2. There are 44 workmen of different categories skilled, semi-skilled and unskilled employed by the petitioner company which was established in the year 1972. In the year 1985, a demand was made by the workers for revision of pay scales and after discussion between the representatives of the workers and the Management, a settlement was arrived at on May 20,1986. The memorandum of settlement inter alia,specifies the monthly wages in respect of employees of different grades A, B and C. and thebenefits the workmen are entitled to Paragraph9 of the memorandum says that the settlementwill remain in force for a period of four yearsw.e.f. November ...


Dec 24 1997

Harbansi Devi and ors. Vs. Rakesh Kumar Alias Kala and ors.

Court: Himachal Pradesh

Decided on: Dec-24-1997

Reported in: I(1998)ACC448,1999ACJ202

R.L. Khurana, J.1. The above noted tree appeals and three cross-objections arising out of three separate awards of the learned Motor Accidents Claims Tribunal Una, (for short 'the Tribunal') in M.A.C. Petition Nos. 44, 46 and 47 of 1988 are being disposed of by this single judgment since the same involve common questions of facts and law.2. The facts leading to the present appeals and cross-objections, briefly, may be stated thus. On 22.9.1988 at about 8.30 p.m. near Civil Hospital, Una, on Una-Hamirpur road an accident involving a scooter No. HIU 629 and truck No. HPG 1545 had taken place resulting into the death of Roshan Lal and Raj Kumar, and grievous injuries to Baldev Raj.3. The scooter at the relevant time was being driven by the deceased Roshan Lal while the deceased Raj Kumar and the injured Baldev Raj were the pillion riders. The scooter at the relevant time was proceeding towards Una town from the side of Civil Hospital. Truck bearing No. HPG 1545 belonging to respondent No....


Dec 10 1997

Azeet International Pvt. Ltd. Vs. Himachal Pradesh Horticultural Produ ...

Court: Himachal Pradesh

Decided on: Dec-10-1997

Reported in: [1998]92CompCas356(HP)

R.L. Khurana, J.1. The present petition has been filed by Azeet International (Pvt.) Ltd. (hereinafter referred to as 'the petitioner-company'), under Sections 433 and 439 of the Companies Act, 1956 (for short, 'the Act'), for the winding up of the respondent-company, Himachal Pradesh Horticultural Produce Marketing and Processing Corporation Ltd.2. The averments made in the petition, briefly stated, are these. The petitioner-company is carrying on the business of manufacture and sale of corrugated fibre board and boxes for the packing of horticultural produce. On the basis of supply orders placed from time to time during the year 1989-90, the petitioner-company supplied 4,15,066 cartons of corrugated fibre board valued at Rs, 69,50,350.50 to the respondent-company.The supply so made included the supply of 1806 cartons as samples, valued at Rs. 30,250.50, the agreed value per carton being Rs. 16.75. A sum of Rs. 62,30,312'.75 was paid by the respondent-company as part payment towards t...


Dec 02 1997

Munish Mehra and Grow Gold Exim and Leasing Ltd. Vs. State Bank of Ind ...

Court: Himachal Pradesh

Decided on: Dec-02-1997

Reported in: [1999]98CompCas253(HP)

Arun Kumar Goel, J. 1. Both these revision petitions have been taken up together for the purpose of disposal since the common question of law arises for consideration and the facts are being noticed hereinafter. Criminal Revision Petition No. 88 of 1997 : 2. A compliant under Section 138 of the Negotiable Instruments Act, 1881, was filed by the respondent-bank against the petitioner on the allegations that Wadhawa Pharmochem Private Limited, Kala Amb, had obtained certain financial assistance from it. The raw material, semi-finished and finished goods of this company stand hypothecated with the respondent-bank and the sale proceeds of such products were to be deposited by the company in its cash credit limit account with the bank. This company sold goods worth Rs. 8,18,500.35 to the petitioner against three bills detailed in para. No. 3 of the complaint and issued a cheque favouring Wadhawa Pharmochem Private Limited for the said amount drawn at Bank of Baroda, Jawahar Nagar, New Delhi...


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