Himachal Pradesh Court October 1998 Judgments
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Thunia Ram Vs. Sh. Gagan Singh and ors.
Court: Himachal Pradesh
Decided on: Oct-15-1998
Reported in: AIR1999HP50
ORDERR.L. Khurana, J. 1. This petition has been preferred under Article 227 of the Constitution of India for quashing the order dated 24-4-1997 of the Gram Panchayat, Panyali, Tehsil Nadaun, District Hamirpur as contained in Annexure P. 1 and that of the Sub Divisional Collector, Nadaun, passedin appeal on 15-9-1997 as contained in Annexure P.2 to the petition. 2. The parties are residents of village Baloh, Tappa Galore, Tehsil Nadaun of District Hamirpur. Their houses adjoin each other. The respondent on 9-8-1996 presented a petition before the Gram Panchayat complaining that on old wall belonging to the respondent was standing near the place where he was tethering his buffaloes and that there was every likelihood of the wall falling down and there was a constant danger to his house and buffaloes. He accordingly prayed that immediate directions be issued to the respondent to remove the wall. 3. The Gram Panchayat after summoning the respondent inspected the spot, recorded the statemen...
Yogesh Sethi and anr. Vs. Ms. Krishna Mohini and ors.
Court: Himachal Pradesh
Decided on: Oct-14-1998
Reported in: AIR1999HP6
ORDERR.L. Khurana, J. 1. The election to the 9th Himachal Pradesh Legislative Assembly were held on 28-2-1998. Respondents 1 to 7 contested such elections from 14 Solan Assembly Constituency. Respondent No. 1, who was a Congress candidate, was declared elected in such elections. Respondent No. 2, who was a candidate of Bhartiya Janta Party, was defeated by margin of 26 voles by respondent No. 1. 2. The two petitioners before this Court are the voters of 14-Solan Assembly Constituency petitioner No. 1 was the counting agent, while petitioner No. 2 was the election agent of respondent No. 2 during such elections. By virtue of the present petition they have assailed the election of respondent No. 1, under Sections 80, 81 read with Sections 100 and' 101 of the Respresentation of People Act, 1951 (hereinafter referred to as the Act). They have prayed that the election of respondent No. 1 from 14-Solan Assembly Constituency be declared void and be set aside and that respondent No. 2 be decla...
Mazboot Packers and Engineers Company Vs. Himachal Pradesh Horticultur ...
Court: Himachal Pradesh
Decided on: Oct-12-1998
Reported in: [1999]95CompCas579(HP)
R.L. Khurana, J. 1. The present petition has been filed by Messrs Mazboot Packers and Engineers Company, hereinafter referred to as 'the petitioner-company', under Sections 433 and 434 read with Section 439 of the Companies Act, 1956 (for short, 'the Act'), for the winding up of the respondent-company, Messrs. Himachal Pradesh Horticulture Produce, Marketing and Processing Corporation Ltd. 2. The averments made in the petition, briefly stated, are these. The petitioner-company in response to the notice inviting tenders issued by the respondent-company entered into an agreement for the supply of 4,60,000 telescopic cartons to the respondent-company. The delivery was to be made during the period June 20, to September 30, 1990, as per the schedule fixed in the agreement. The entire supply was to be completed before September 30, 1990. At the time of the agreement a sum of Rs. 1,46,700 was deposited by the petitioner-company with the respondent-company as security. 3. There was a stipulati...
Abhilasha and ors. Vs. H.P. State Forest Corporation
Court: Himachal Pradesh
Decided on: Oct-12-1998
Reported in: 2000ACJ666
L.S. Panta, J.1. Petitioners, namely, Abhilasha (widow), Sushil Kumar and Kuldip Kumar (minor sons) of deceased Hira Singh, have filed this writ petition claiming Rs. 10,00,000 as compensation with interest at the rate of 18 per cent on account of death of said Hira Singh, who died in the forest shed alleged to have been constructed by the respondent Corporation.2. The relevant facts giving rise to the present case are as follows:Hira Singh was a registered labour supply mate of the respondent Corporation. He had been undertaking works on behalf of the respondent Corporation for felling, conversion of timber, fuel wood, manual carriage, ropeway carriage besides extraction of resin. He submitted his tender for extraction of resin for 1997-98 season. His tender was accepted by the respondent Corporation and an agreement was entered into between the parties. On 27.7.1997, Hira Singh went to the Forest Depot in Forest Division, Nerwa, for weighing the resin. When he was sitting in the fore...
Punjab National Bank and Etc. Vs. Vidya Hatchery, Etc. Etc.
Court: Himachal Pradesh
Decided on: Oct-09-1998
Reported in: AIR1999HP24,[1999]98CompCas409(HP)
Kamlesh Sharma, J. 1. These appeals (R.F. As. No. 26/91, 183/91, 224/91, 173/92, 174/92. 175/92, 270/92, 304/92, 314/92, 380/92 and 21 of 1966) are being disposed of by a common judgment as these pertain to the same questions of law. However, on fuels each appeal will be dealt with separately. The common questions of law arc as under : 1. Whether in the case of commercial loan the Courts have the discretion to award lesser rate of interest than the contractual rate of interest for the period prior to the institution of the suit? 2. Whether in the case of commercial loan the Courts have the discretion to grant a lesser rale of interest than the contractual rale of interest for the period from the date of institution of the suit to the date of payment? 2. In order to reply these questions of law, reference to Section 34 of the Code of Civil Procedure as well as the judgments of the Supreme Court and Division Benches of this Court in respect thereof is necessary. Section 34. C.P.C. empow...
State Bank of India Vs. Smt. Mohini Devi and ors.
Court: Himachal Pradesh
Decided on: Oct-09-1998
Reported in: [1999]96CompCas355(HP)
R.L. Khurana, J. 1. This order will dispose of the abovenoted four original miscellaneous petitions.2. The brief facts leading to these petitions may be thus stated. The State Bank of India, hereinafter referred to as the decreeholder, on March 28, 1988, was granted a decree for the recovery of Rs. 2,34,489.40 with costs and future interest at the rate of 12.5 per cent. per annum with quarterly rests. Such decree was passed against Shri Pritam Chand, Parmeshwari Dass, Uttam Chand Goel and Lekh Raj Sood, Pawana Sood and Sarojni Sood, jointly and severally.3. The decreeholder sought the enforcement of such decree by making an execution application on October 17, 1990, being exhibit P. No. 19 of 1990. The judgment-debtor, Pritam Chand Sood, died during the pendency of the execution proceedings. His widow, sons and daughters were accordingly impleaded as judgment-debtors Nos. 1 (a) to 1 (f).4. During the execution proceedings the landed property of the deceased judgment-debtor, Pritam Chan...
ishan Pandit Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Oct-06-1998
Reported in: AIR1999HP1
D. Raju, C.J. 1. The above writ petition has been filed seeking for a declaration that the definition of the ward of the Freedom Fighters as contained Annexure P-5 be declared unconstitutional, arbitrary, illegal, discriminatory and while quashing the same direct the respondents to consider the case of the petitioner for admission to the MBBS/BDS course as against the seat reserved for a ward of a freedom fighter. The petitioner claims to be the son of one Tek Ram Sharma and Smt. Sunita Sharma and the said Sunita Sharma, the mother of the petitioner, is said to be the daughter of Shri Sita Ram aresident of village Dhalaya, PO Jabri, Tehsil and District Shimla who is also said to be a freedom fighter, For the admission to entrance test conducted on behalf of the Himachal Pradesh State Government by the Himachal Pradesh University to the professional course of MBBS/BDS in different colleges located in Himachal Pradesh Stale for the academic session 1998-99. applications were invited and ...
Jay Gagan Manhas Vs. Central Board of School Education and anr.
Court: Himachal Pradesh
Decided on: Oct-05-1998
Reported in: AIR1999HP15
D. Raju, C.J. 1. The above writ petition has been filed seeking for the issue of a writ of mandamus directing the respondents to produce the answer sheet of the petitioner in the Court and that the same may be ordered to re-evaluate by some well qualified person and in the alternative a prayer is also made that the respondents may be directed to grant grace mark equal to 1 % of the total marks, as per the Rules. The petitioner claims in the petition filed that he was a student, who appeared in + 2 examination conducted by the respondents in the year 1997 vide Roll No. 2215910, the result of which was said to have been declared on 9-5-1997 and as per the marks statement issued by the Board, he was awarded only 18 marks though according to the petitioner he had faired well in the examination. He appears to have again appeared in August 1997 in the compartment examination in respect of Mathematics paper and he again was said to have been awarded only 21 marks. In the appearance again made...
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