Himachal Pradesh Court July 1999 Judgments
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State of H.P. Vs. Piare Ram and anr.
Court: Himachal Pradesh
Decided on: Jul-09-1999
Reported in: 2000CriLJ192
M.R. Verma, J. 1. This appeal has been directed against the judgment dated 16-3-1995 passed by the learned Additional Chief Judicial Magistrate, Kullu, whereby the accused-respondents (hereinafter referred to as 'the accused') have been acquitted of the accusations under Section 41 & 42 of the Indian Forest Act.2. Case of the prosecution, in brief, is that PW-3 Jagat Ram along with PW-2 Gudoo Brahmchari and PW-4 Man Chand Thakur, Range Officer, were present at Dora- Nala on 14-6-1992, a Maruti Van HPY-588 driven by PW-1 Hari Singh came there. Accused Piare Ram and Mulu Ram were the other occupants of the said vehicle. On search of the said vehicle 15 small drums each containing 25 Its. of Deodar oil were recovered there from. PW-4 Man Chand Thakur tested the contents of the Drum and found it to be Deodar oil. PW-3 Jagat Ram prepared Ruqua Ex. PW-3/A and sent it for registration of the case whereupon FIR Ext. PW-3/B was recorded in Police Station, Kullu. After completion of the investig...
New India Assurance Co. Ltd. Vs. Rama Devi and ors.
Court: Himachal Pradesh
Decided on: Jul-08-1999
Reported in: 2000ACJ1016
D. Raju, C.J.1. The above appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the award passed by Motor Accidents Claims Tribunal, Shimla, dated 7.8.1991 in MACC No. 1 l-S/2 of 1990, whereunder the Tribunal below has awarded a total compensation of Rs. 1,35,600 on account of the death of one Brij Lal, who died as a result of an accident, which occurred at 9.30 p.m. on 4.9.1989, involving the truck No. HYX 553 belonging to one Surender Pal insured with the appellant insurance company. The total compensation awarded was apportioned in the ratio of Rs. 80,000 in favour of the wife of the deceased, by name, Rama Devi and Rs. 55,600 in favour of the mother of the deceased, by name, Roop Dassi.2. Respondent Nos. 1 and 2, the claimants before the Tribunal below, stated in their claim petition that the deceased Brij Lal, who was employed as a conductor with the truck No. HPS 2259 and earning Rs. 800 per month in addition to being paid Rs. 10 as diet money, travelle...
Dinesh Kumar Vs. State of H.P. and anr.
Court: Himachal Pradesh
Decided on: Jul-06-1999
Reported in: 2000CriLJ1879
ORDERR.L. Khurana, J.1. The petitioner-Dinesh Kumar, is a shopkeeper and carrying on business in village Gumma under the name and style of Messrs Chauhan and Brothers. On 28-6-1991 the Food Inspector Shri J.K. Patyal at about 10.25 a.m. had purchased 750 grams of 'Besan' as sample for the purpose of analysis from the petitioner. At that time the petitioner was having about 70 kgs. of 'Besan' for sale to the general public. Such sample of 'Besan' on having been analysed was found to be adulterated since it was found to contain wheat and maize starch as an admixture. Besides, eight living and dead insects were found present in the sample.2. A complaint for the prosecution of the petitioner was, therefore, made by the Food Inspector before the learned Judicial Magistrate (I), Shimla. During the trial, the petitioner made an application under Section 20-A of the Prevention of Food Adulteration Act, 1954 (for short 'the Act') for impleading Messrs Jagat Ram Mukandi Lal and Company, Parwanoo...
Chanana Steel Tubes Pvt. Ltd. Vs. Jaitu Steel Tubes Pvt. Ltd. and anr.
Court: Himachal Pradesh
Decided on: Jul-02-1999
Reported in: AIR2000HP48,[2000]99CompCas251(HP)
R.L. Khurana, J.1. The plaintiff, a private Limited Company duly incorporated under the Companies Article 1956, has filed the present suit for the recovery of Rs. 11,90,711.10 paise agaisnt the two defend ants on the following averments : -The plaintiff is engaged in the business of manufacture and sale of electric resistance pipes, welded M.S. Blocks and galvanised steel tubes of various diameters. It is also engaged in the business of undertaking job works for slitting and galvanising of black steel tubes etc. The defendant No. 2, who was having regular business dealings with the plaintiff, in the year 1987, introduced defendant No. 1 as a prospective customer. The defendant No. 1 was desirous in the purchase of steel tubes and also for getting the work of slitting, rolling and galvanising of black steel tubes etc. done. Since the plaintiff did not have any dealings with the defendant No. 1, it was reluctant in having dealings with defendant No. J. However, defendant No. 2 assured th...
All India General Insurance Employees' Association Vs. General Insuran ...
Court: Himachal Pradesh
Decided on: Jul-02-1999
Reported in: (2000)IILLJ167HP
Kamlesh Sharma, J.1. The above writ petition has been filed by an Association of the employees of the General Insurance Corporation. The precise grievance raised in the writ petition is that the employees of the Insurance Companies stationed at Palampur, District Kangra have not been given Special Area Allowance like the employees of Central Government stationed at Palampur despite their repeated representation, as such, they have been discriminated against. The petitioner has placed on record office memorandum dated September 23, 1986 (Annexure P-1) whereby Special Compensatory (Remote Locality) Allowance was granted to the employees of Central Government posted in various areas of Himachal Pradesh stated therein, which included Shimla town and its suburbs (Mashobra, Dhalli, Taradevi, Kasumpti, Jatog and Tutu), which was further amended by office memorandum dated May 31, 1991 (Annexure P-2) whereby Central Government employees posted at Palampur town including HPKV Campus at Palampur ...
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