Himachal Pradesh Court June 1999 Judgments
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State of H.P. Vs. Shamsher Singh and anr.
Court: Himachal Pradesh
Decided on: Jun-11-1999
Reported in: 1999CriLJ4744
M.R. Verma, J.1. This is an appeal against the judgment dated 22-4-1993 passed by the learned Chief Judicial Magistrate, Kullu whereby the accused-respondents (hereinafter referred to as 'the accused') have been acquitted of the accusations under Sections 41 and 42 of the Indian Forest Act.2. Case of the prosecution, in brief, is that on 30-3-1991 when ASI Harbhajan Singh along with Range Officer, Hurla and few other police and forest officials were on patrol duty at Bhuntar, a secret information was received that truck No. HIE 1316 was illegally transporting sleepers from Sarsari side. The said truck was intercepted and on checking it was found carrying 15 deodar sleepers of the size of 10' x 10' x 5' without any permit nor the sleepers were hammer marked. A case was, therefore, registered against the accused under Section 41 and 42 of the Indian Forest Act on the basis of ruqa Ex. PW 2/A prepared and sent by ASI Harbhajan Singh at Police Station, Kullu vide FIR Ex. PW 2/B. On complet...
United India Insurance Co. Ltd. Vs. Ganga Ram and ors.
Court: Himachal Pradesh
Decided on: Jun-11-1999
Reported in: II(2000)ACC609,2000ACJ115
Surinder Sarup, J.1. This judgment will dispose of F.A.O. (MVA) No. 21 of 1991 and Cross-objections No. 185 of 1991 as both of them are directed against the award dated 1.12.1990 of the Motor Accidents Claims Tribunal (II), Mandi, H.P. (hereinafter to be referred as 'the Tribunal'). The appeal is at the instance of United India Insurance Co. Ltd. which was arrayed as respondent No. 3 before the Tribunal while the cross-objections have been filed on behalf of the claimants.2. The facts out of which these proceedings arise are that Sant Ram deceased was driving a scooter on 2.12.1988 bearing registration No. HPM 853 at a place called Khalyar. One Dile Ram was sitting behind as pillion rider. While Sant Ram was thus driving the said scooter, it was struck from behind by another scooter alleged to have been driven in a rash and negligent manner by one Mittar Dev (respondent No. 1 before the Tribunal) which was bearing registration No. HID 1652. As a result of this accident, the said Sant R...
Gian Singh Negi and ors. Vs. State Bank of India and ors.
Court: Himachal Pradesh
Decided on: Jun-10-1999
Reported in: (2001)IIILLJ971HP
D. Raju, C.J.1. The above writ petition has been filedjointly by the petitioners seeking the followingreliefs: 'It is, therefore, prayed that this Writ Petition may kindly be allowed with costs throughout and the respondents may be directed to give the benefit of promotion to OJMGS-I to petitioners 1 and 2 from the date of their eligibility i.e. with effect from August 1, 1988 with all consequential benefits and also to give the same benefit to petitioners Nos. 2 to 5 with effect from August 1, 1992.' The petitioners joined the service of the respondent Bank in the Clerical Cadre, the petitioner Nos. 1, 2 and 5 being appointed as Clerk-cum-Cashier and petitioner 3 as Clerk and 6 as Cashier. Their next avenue of promotion appears to be as Officer in the Junior Management Grade Scale-I (JMGS-I). The petitioners indisputably belong to the Scheduled Tribe and having regard to the reservation policy which has been notified to come into force on and from March 25, 1970 and adopted for the Ba...
Surender Singh Deshta and ors. Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Jun-08-1999
Reported in: (1999)IILLJ1391HP
R.L. Khurana, J.1. Brief facts giving rise to the present writ petition under Articles 226 and 227 of the Constitution of India, may be thus stated. On August 25, 1998 an advertisement was published in the Indian Express, Chandigarh Edition, inviting applications from the eligible candidates for selection to certain vacancies in the Himachal Pradesh Judicial Service, hereinafter referred to as the service. The written examination in accordance with the H.P, Judicial Service Rules, 1973, (hereinafter referred to as the Rules), was proposed to be held by respondent No. 2, H.P. Public Service Commission, sometime in the month of November 1998. The necessary qualifications which would entitle the candidates to appear in such written examination, were detailed in the advertisement. A copy of such advertisement is attached to the writ petition as Annexure P-2.2. In response to such advertisement, a number of candidates, including the three petitioners and respondent No. 4 to 13, appeared in ...
Hydel Construction Ltd. Vs. H.P. State Electricity Board
Court: Himachal Pradesh
Decided on: Jun-07-1999
Reported in: AIR2000HP19
Kamlesh Sharma, J.1. These two Cross Appeals (Nos. 239 of 1996 and 214 of 1996) are being disposed of by a common judgment as these arise out of the Judgment dated 8-7-1996 of the learned single Judge whereby Objections (OMP No. 348 of 1993) of the H.P. State Electricity Board (hereinafter called 'the Board') against the award dated 29-3-1993 were partly accepted, except for the amount awarded under claim No. 2 amounting to Rs. 75,08,919.27 and the other amounts awarded under claims Nos. 1 and 3 and the award of interest were set aside. Accordingly, in Civil Suit No. 79 of 1993, the award dated 29-3-1993 pertaining to the amount awarded under claim No. 2 was made rule of the Court and as a consequence thereof, a decree for Rs. 75,08,919.27 was passed in favour of M/s Hydel Construction Ltd. (hereinafter called 'the claimant') and against the Board.2. The brief facts of the case are that for the construction of Underground Power House. Underground Switch yard, transformer Hall and appro...
Ansal Properties and Industries Ltd. Vs. Himachal Pradesh State Electr ...
Court: Himachal Pradesh
Decided on: Jun-03-1999
Reported in: AIR1999HP78
Surinder Sarup, J. 1. The facts giving rise to this case are as follows: The Himachal Pradesh State Electricity Board (hereinafter to be called 'the Board') had invited tenders for the construction of civil work of BanerProject. In response to the same, five tenders were submitted. The tender of M/s. Sutlej Construction Company Ltd., Chandigarh, was accepted and the work in question was awarded to it, its bid being the lowest. Subsequently, the work of Baner Project originally awarded to the said Company was rescinded for reasons which are not germane for the decision of this case.2. Thereafter, the Board invited M/s. Ansal Properties and, Industries Ltd., New Delhi (hereinafter to be called 'the claimant-contractors'), the bid originally submitted by them being the second lowest in this behalf. They were to execute the balance works at Baner Project on the same rates, terms and conditions as that of the original Company i.e. Sutlej Construction. However, the claimant-Contractors offer...
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