Himachal Pradesh Court April 1999 Judgments
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Oriental Insurance Company Vs. Om Prakash and ors.
Court: Himachal Pradesh
Decided on: Apr-28-1999
Reported in: (2000)ILLJ888HP
D. Raju, C.J.1. The above appeal has been filed by the Insurance Company which was arrayed as the second respondent on the file of the Commissioner under the Workmen's Compensation Act, Joginder Nagar, Mandi District in proceeding file No. 2 against the order dated December 12, 1990 passed therein awarding a total compensation of Rs. 78,593.36 to the claimants who are the sons and daughters of late Salig Ram, said to be a resident of village Pehloon Tehsil Baijnath, District Kangra. The case of the claimants before the Commissioner constituted under the Workman's Compensation Act was that one Suresh Kumar aged about 27 years, the brother of the claimants was working as driver with one Ami Chand Rana, the 5th respondent herein, getting a salary of Rs. 1,000/- per month, that on July 18, 1988 at about 3.30 p.m. when the said Suresh Kumar was carrying products of forest nursery, an accident took place at Bharoli Nalla, Tehsil Joginder Nagar, as a result of which he was said to have sustai...
Sansar Chand Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Apr-26-1999
Reported in: 1999CriLJ3538
Surinder Sarup, J. 1. The appellant Has been convicted by the Sessions Judge, Kangra at Dharamshala vide judgment dated 27th May, 1998 for the offence under Sections 498-A and 302, I.P.C. He has been sentenced to life imprisonment and to pay a fine of Rs. 1000/- for the offence under Section 302, I.P.C. The sentence imposed under Section 498-A is rigorous imprisonment for one year and a fine of Rs. 500/-, in default of which he has been directed to undergo rigorous imprisonment for a period of one month on each count. Both the substantive sentences, however, have been directed to run concurrently.2. The prosecution case against the appellant at the trial was that on 23-7-1995, he took his wife to Primary Health Centre, Indora, after she had suffered extensive burn injuries. First-aid was given to her there and the police was also informed by the doctor, who attended on her, at Police Station, Indora. The appellant was directed by the said doctor to take his wife to District Hospital, D...
Krishan Banon Vs. State of Himachal Pradesh and ors.
Court: Himachal Pradesh
Decided on: Apr-26-1999
Reported in: AIR1999HP87
Kamlesh Sharma, J.1. This writ petition was filed on 30-4-1991 by impleading State of Himachal Pradesh, The Notified Area Committee, Manali and the Director, Town and Country Planning as party respondents, and M/s. Sagar Tourist Resorts Pvt. Ltd. was added as respondent No. 4 vide order dated 21-5-1991 on their Caveat Application No. 425 of 1991. On the application of respondent No. 3 its name was deleted from the array of the respondents and Kullu Development Authority was substituted in its place by order dated 24-11-1992 passed in CMP No. 1560/1992. As stated in the said application, in supersession of all earlier notifications under the Himachal Pradesh Town and Country Planning Act, 1977 (hereinafter called as 'the Act') three notifications dated 2-11-1991 were issued whereby all provisions of the Act came into force w.e.f. 2-11-1991 in Kullu Valley and in exercise of powers under sub-section (1) of Section 66 of the Act. Kullu Valley was designated as special area and under Secti...
Sanyat Misra Vs. Dr. Y.S. Parmar University and anr.
Court: Himachal Pradesh
Decided on: Apr-19-1999
Reported in: AIR1999HP75
D. Raju, C.J. 1. The above writ petition has been filed by a candidate/applicant who could not secure admission to the course 'Floriculture and Landscaping' in the Post Graduate College of Horticulture, for the academic session 1998-99 under the scheme announced by the Dr. Y. S. Parmar University of Horticulture and Forestry, Solan, H. P. The claim centres around and involves the interpretation to be placed on a clause pertaining to reservation of seats in the prospectusissued by the University concerned, and it is unnecessary to delve at the facts in great details. In the said course pertaining to Floriculture and Landscaping the Academic Council of the University has approved the intake capacity for the session in question at the M. Sc. level two seats and Ph. D. level three seats. There is no controversy also with reference to the fact that having regard to the stipulation contained in Clause (8) of the prospectus relating to the reservation of seats and the provisions contained the...
New India Assurance Co. Ltd. Vs. Ram Piari and ors.
Court: Himachal Pradesh
Decided on: Apr-19-1999
Reported in: 2000ACJ739
Surinder Sarup, J.1. This appeal has been filed by the New India Assurance Co. Ltd. against the award of the Motor Accidents Claims Tribunal, Bilaspur, dated 9.2.1994, whereby respondent Nos. 1 to 5 have been awarded compensation of Rs. 3,27,000 along with costs and interest at the rate of 12 per cent per annum from the date of filing of the claim petition till the realisation of the said amount.2. The facts giving rise to the filing of the claim petition, as set out in the impugned award, are that the husband of respondent No. 1 Ram Piari, being father of respondent Nos. 2 to 5, i.e., Des Raj, met with a fatal accident on 4.6.1989 while driving his scooter. At that time, he was 34 years of age and employed as a teacher, drawing monthly salary, etc., in the sum of Rs. 2,000 approximately. On the fateful day, he was driving his scooter bearing registration No. HIB 786 on the side of Ghagas Bridge towards village Jukhala. At that time, he was accompanied by one Gorkhu Ram, PW 5, who was ...
Purewal and Associates Ltd. Vs. State of Himachal Pradesh and ors.
Court: Himachal Pradesh
Decided on: Apr-13-1999
Reported in: (2000)ILLJ1154HP
Lokeshwar Singh Panta, J.1. This petition has been filed by the petitioner Management seeking to quash the award dated April 24, 1993 made by the Presiding Officer, Labour Court, Shimla, in reference case No. 3/1992, titled Dila Ram v. Purewat and Associates Limited. The petitioner is a Private Limited Company with its Registered Office at Kasauli, District Solan. Respondent-workman Shri Dila Ram had been employed in the Factory of the petitioner-Management at Jubbar. The respondent-workman suffered attack of Epilepsy and he was directed by the petitioner-Management to get himself medically examined and treated. It is stated by the petitioner-Management that instead of getting himself treated, the respondent-workman got the reference made to the Labour Court for decision of his claim of reinstatement. On a reference made by the State Government to the Labour Court, the Presiding Officer of the Labour Court, directed the petitioner-Management, vide award dated February 4, 1991 passed in...
Smt. Ved Kaur Chandel Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Apr-08-1999
Reported in: AIR1999HP59
Kamlesh Sharma, J. 1. The petitioner who claims herself to be from the family of Freedom Fighters has filed this writ petition in the nature of Public Interest Litigation claiming the following reliefs : '(i) That the permission granted to the respondent No. 5 by respondents No. 2 and 4 for setting up the industry by the name of M/s. Ajay Tyre Retreaders may kindly be quashed and setaside; (ii) That the respondent No. 1 may be directed to initiate proceedings against respondent No. 5 under the H.P. Roadside Land Control Act, 1968; (iii) That the construction being raised by the respondent No. 5 may be directed to be demolished; (iv) That the respondent No. 5 may be directed not to use the water from the rivulet as well as from the natural water spring in the vicinity of industry; (v) That the respondent No. 3 may be directed to instruct the Gram Panchayats throughout the State to prepare model plans for the Villages to have control on erection of buildings; (vi) Any other relief de...
Prem Chand Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Apr-08-1999
Reported in: 2000CriLJ951
R.I. Khurana, J. 1. The appellant, hereinafter referred to as the accused, stands convicted by the learned Sessions Judge, Chamba, in Sessions Case No. 39 of 1997 for the offence under Sections 376 and 506, Indian Penal Code. He has been sentenced to rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/- for the offence under Section 376, Indian Penal Code. Insofar as the offence under Section 506, Indian Penal Code, is concerned, the accused has been sentenced to rigorous imprisonment for one year and to pay a fine of Rs. 1,000/-. It was directed that out of the amounts of fine, if realised, a sum of Rs. 4,000/- shall be paid as compensation to the prosecutrix Kumari Seema. The two substantive sentences of imprisonment was ordered to run concurrently.2. Briefly stated, the prosecution story is this. In the year 1997, the prosecutrix Kumari Seema was working as a maid servant in the house of one Shri Dhani Ram of village Chamuhi. At that time, the accused was also worki...
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