Himachal Pradesh Court September 1998 Judgments
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Smt. Madhu Sood Vs. Anil Kumar Sood
Court: Himachal Pradesh
Decided on: Sep-25-1998
Reported in: AIR1999HP17
Lokeshwar Singh Panta, J.1. This is wife's appeal against the decree of judicial separation under Section 13-A of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) dated 3-7-1996 of Addl. District Judge (I), Kangra at Dharamshala passed in H.M.P, No. 35-D/94 in favour of Anil Kumar Sood and against Smt. Madhu Sood appellant Anil Sood has also assailed the decree by way of cross objections. We have taken and heard the appeal and cross-objections together as these arise out of common decree. For the sake of convenience, the panics will be referred to as husband and wife herein.2. Briefly the facts are that Anil Kumar Sood got married with Smt. Madhu Sood on 10-5-1990 according to Hindu rites at Hitwas, Tehsil and District Kangra. They lived together and cohabited at Dehrafora short duration. A female child was born to the parties in April, 1991 who is living under the care and custody of the wife. The husband filed petition under Section 13 of Hindu Marriage Act on 12-1-1...
Ravinder Chauhan and ors. Vs. State of Himachal Pradesh and ors.
Court: Himachal Pradesh
Decided on: Sep-18-1998
Reported in: AIR1999HP43
D. Raju, C.J.1. The above writ petition has been filed by six persons joining together claiming to be the owner and permanent residents of the locality situated at Khalini, Shimla seeking for the following reliefs :'(i) That the land bearing Khata Khatauni No. 152/190, Khasra Nos. 862/188/10 (New Khasra No. 943) measuring 435.5 square yards situated in Mauza Khalini, Chhotta Shimla Ward, may be declared to have vested in Government under the provision of Section 118 of H. P. Tenancy andLand Reforms Act, 1972. (ii) That the respondents No. 1 to 4 may be directed to use the above piece of land as a Children Park or Green Park by raising appropriate trees/flowers over the said piece of land and the same may be permitted to be used by the General Public. (iii) That the respondents No. 1 to 4 and 6 and 7 may be directed to remove the constructions, if any, raised on the said piece of land after the illegal sanction given by respondents No. 2 and 3 for the construction of residential house. ...
Basudev Bansal Vs. the Secretary, Market Committee
Court: Himachal Pradesh
Decided on: Sep-09-1998
Reported in: 1999CriLJ4428
ORDERR.L. Khurana, J.1. The petitioner is the proprietor of Messrs Basdev Bansal and Bros., Lower Bazar, Solan. He was prosecuted for the offence punishable under Section 32 of the H. P. Agricultural Produce Markets Act, 1991, hereinafter referred to as the Act. He was convicted for such offence by the learned Chief Judicial Magistrate, Solan, on 7-9-1987 and sentenced to pay a fine of Rs. 500/-. Since the offence was found to be a continuing one, the learned Magistrate allowed a period of 30 days to the petitioner to obtain the requisite licence under the Act and on his failure to do so, he was directed to pay a fine of Rs. 13/- per day from the date of conviction and sentence till the date of obtaining of the requisite licence.2. The conviction and sentence imposed upon the petitioner was affirmed in appeal by the learned Sessions Judge, Solan, on 16-7-1988.3. The petitioner thereafter assailed the judgments of the two Courts below by way of a writ petition, being C.W.P. No. 530 of 1...
H.P. Financial Corporation Vs. Himachal Shoddy Mills Ltd. and ors.
Court: Himachal Pradesh
Decided on: Sep-08-1998
Reported in: AIR1999HP31
Lokeshwar Singh Panta, J. 1. The aforesaid two appeals have been taken up and heard together arising as they do out of a common order dated 25-11-1991 of the District Judge, Sirmaur District at Nahan dismissing the objec-tion petitions under Order 21 Rule 90 of the Code of Civil Procedure filed by the appellants-decree holders and judgment debtors against the sale of the mortgaged property in favour of the respondents-auction purchasers Sh Onkar Singh and Sh Narinder Singh Shah. Appeal No. FAO (Ord) 165 of 1992 has been filed by Himachal Pradesh Financial Corporation, Decree-holder-Objector and appellants Sh Udey Gupta and Smt. Rakhi Guptaare the Judgment-debtors-objectors in FAO No. 3 of 1993. In both the appeals same and similar questions of facts and law are involved, they would stand disposed of by this common judgment.2-3. The relevant facts necessary for deciding these appeals may be stated as under :--The suit of appellant-Financial Corporation was decreed by the Court against t...
State of Himachal Pradesh Vs. Rakesh Kumar and ors.
Court: Himachal Pradesh
Decided on: Sep-04-1998
Reported in: 1999CriLJ564
Lokeshwar Singh Panta, J.1. This appeal at the instance of State is directed against the judgment dated 22-5-1990 and learned Sessions Judge, Shimla passed in Sessions Trial No. 27-S/7 of 1988 whereby the accused-respondents were acquitted of the charges under Sections 452/302/147/148 and 149 of the Indian Penal Code.2. Briefly stated the prosecution case was as under:In the year 1988 there were two factions of students unions functioning in H.P. University Campus. Shri Nasir Khan was the General Secretary of National Students Union of India (N.S.U.I.), H. P. University and the respondents were members of Students Federation of India (S.F.L.) a wing of a Communist Party. On 7-8-1988 late at night, Shri K. C. Malhotra (P.W. 34) Vice-Chancellor of H.P. University informed telephonically to Police Station, Boileauganj that some quarrel had taken place amongst the students and requested the police to reach the spot immediately in order to maintain law and order. This information was record...
Ashok Kumar Vs. Surinder Kumar and ors.
Court: Himachal Pradesh
Decided on: Sep-04-1998
Reported in: 1999ACJ1119
Kamlesh Sharma, J.1. This appeal at the instance of claimant is against the award dated 19.6.1992, passed by Motor Accidents Claims Tribunal (I), Solan, whereby his claim petition was dismissed holding that the accident in question had taken place as a result of vis major and was not as a result of rash and negligent driving on the part of the driver of the vehicle. The claimant has now challenged these findings and prayed for award of . 3,00,000 as compensation along with interest at the rate of 18 per cent per annum from the date of institution of the claim petition till the date of payment.2. The brief facts of the case are that the claimant, who was working as a peon with the Registrar, Cooperative Societies, Punjab at Chandigarh, was travelling from Shimla to Chandigarh in a Matador bearing registration No. GDR 833 on 9.12.1989 which met with an accident at about 4 kilometres from Solan as a result of which the claimant sustained multiple injuries, including fracture of his left l...
Jagbir Singh and ors. Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Sep-01-1998
Reported in: (1999)IILLJ304HP
Kamlesh Sharma, J.1. The above writ petitions are being disposed of by a common judgment as common questions of fact and law arise in all of them. It is not in dispute that the petitioners were engaged as daily waged workers on behalf of the Baba Balak Nath Temple Trust, Deotsidh, District Hamipur (hereinafter called 'the Trust') and all of them with the exception of a few, had completed 240 days in a year before their disengagement orally, without giving any notice or compensation. The case set up by the petitioners is that their disengagement is retrenchment as defined under clause (oo) of Section 2 of the Industrial Disputes Act, 1947 (hereinafter called 'the Act') but conditions precedent to it i.e. notice of one month and payment of compensation as provided under Section 25-F of the Act have not been followed, hence it is bad in law. As such, the petitioners have prayed for their reinstatement with all consequential benefits.2. The Trust is included in the Schedule to the Religiou...
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