Himachal Pradesh Court August 1999 Judgments
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Shivalik Steel and Alloys Pvt. Ltd. Vs. Workmen's Compensation Commiss ...
Court: Himachal Pradesh
Decided on: Aug-30-1999
Reported in: I(2000)ACC365,2000ACJ944,[2000(86)FLR406],(2000)ILLJ1456HP
ORDERD. Raju, C.J.1. The above writ petition has been filed seeking for a writ to call for and quash the order passed by the 1st respondent filed as Annexure P-1. The order under challenge passed by the 1st respondent is dated February 13, 1998, on an application filed by the father and mother of one Ashok Kumar, who was said to have been in the employment of the writ petitioner/respondent before the authority below, and who died on account of an accident and consequential injuries sustained by him in the course of his employment. Having regard to the only issue raised before us, it is unnecessary for us to delve at length about the details relating to the accident or about the quantification made of the compensation to be awarded under the Workmen's Compensation Act, 1923.2. The sum and substance of the ground of challenge to the order of the 1st respondent is that it is in gross violation of Sections 53 and 61 of the Employees' State Insurance Act, 1948.3. To appreciate the grievance...
Liak Ram Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Aug-27-1999
Reported in: 2000CriLJ679
ORDERR.L. Khurana, J. 1. The petitioner, Liak Ram, hereinafter referred to as the accused stands convicted by the learned Additional Chief Judicial Magistrate, Nahan, in Cr. Case No. 14/1 of 1996/95, vide judgment dated 24-10-1997 for the offence under Section 61 (1) (c) of the Punjab Excise Act, 1914, as applicable to the State of Himachal Pradesh, and sentenced to simple imprisonment for one year and fine of Rs. 2000/-. In default of fine, the accused has been sentenced to undergo simple imprisonment for a further period of three months.2. The learned Sessions Judge, Nahan, vide his impugned judgment dated 22-7-1998, while maintaining the conviction of the accused, modified and reduced the sentence to simple imprisonment for six months and fine of Rs. 2000/-. In default of fine, simple imprisonment for one month was imposed.3. Feeling aggrieved by the conviction and sentence imposed upon him, the accused is before this Court by way of the present revision petition.4. Briefly stated, ...
State of Himachal Pradesh Vs. Gian Chand and ors.
Court: Himachal Pradesh
Decided on: Aug-24-1999
Reported in: 2000CriLJ949
M.R. Verma, J. 1. This is an appeal against the judgment dated February 8, 1995 passed by the learned Chief Judicial Magistrate, Hamirpur whereby the accused/respondents (hereafter referred to as the 'accused') have been acquitted of the charge under Sections 41/42 of the Indian Forest Act and Section 120-B of the Indian Penal Code, preferred by the State.2. Case of the prosecution, in brief, is that on May 15, 1992, PW-4 Jagir Chand, Sub-Inspector (Enforcement) was present at Bus Stand Hamirpur along with a few other police officials in connection with the investigation against Kishan Chand, driver of Truck No. HPK-5281 and he came to know that Truck No. HP-36/0591 had come to Hamirpur from Nadaun side. He checked the said Truck in the presence of the police officials who were members of the raiding party and PW-1 Prem Nath and PW-2 Harbhaj an Singh. The Truck was being driven by accused Rashpal Singh and wooden logs were loaded in the said Truck. The Truck driver on demand produced '...
Sub-divisional Officer, Hp Pwd Vs. Lalita Devi and ors.
Court: Himachal Pradesh
Decided on: Aug-24-1999
Reported in: 2000ACJ512
L.S. Panta, J.1. Both these appeals have been taken up and heard together as they arise out of the single accident and are directed against the common judgment and award dated 23.8.1991 of Motor Accidents Claims Tribunal (I), Shimla in M.A.C. No. 60-S/2 of 1988/89 whereunder total amount of Rs. 83,500 as compensation was awarded in favour of claimant Lalita Devi for the death of her husband Sewa Dass in the accident. F.A.O. (MVA) No. 49 of 1992 has been filed by the Sub-Divisional Officer, H.P. P.W.D., Kumarsain against whom the award has been passed whereas F.A.O. (MVA) No. 60 of 1992 has been filed by claimant Lalita Devi for enhancement of the amount of compensation awarded by the Tribunal below. The learned counsel for the parties have made the same and identical submissions and, therefore, both these appeals are being disposed of by this common judgment.2. The facts leading to the appeals may briefly be stated as under:The Sub-Divisional Officer (H.P. P.W.D.), Kumarsain, entered i...
New India Assurance Co. Ltd. and anr. Vs. Sandhya JaIn and ors.
Court: Himachal Pradesh
Decided on: Aug-23-1999
Reported in: I(2000)ACC497,2000ACJ426
L.S. Panta, J.1. We propose to deal and decide both these appeals by this common judgment as they arise out of the same and single judgment and award dated 1.4.1992 of the Motor Accidents Claims Tribunal, Solan in the MACT No. 89-S/2 of 1989 whereunder an award of Rs. 9,67,680 has been awarded in favour of the claimants and against the appellant New India Assurance Co. Ltd. and Hari Dayal, owner of the truck involved in the accident.2. F.A.O. (MVA) No. 201 of 1992 has been filed by the appellant the New India Assurance Co. Ltd., in joint with the owner of the vehicle challenging the correctness, validity and legality of the award whereas F.A.O. (MVA) No. 254 of 1992 has been filed by the claimants for enhancement of the amount of compensation.3. Facts leading to these appeals may briefly be stated as under:Vijay Kumar Jain along with his wife, Sandhya Jain, minor son Varun Jain and minor daughter Ashima Jain and R.K. Dhingra, his wife and two minor children were proceeding to Shimla fr...
Shri Krishan Swarup Bhatnagar Vs. Shri Chander Mohan Rewal and anr.
Court: Himachal Pradesh
Decided on: Aug-18-1999
Reported in: AIR2000HP53
Kamlesh Sharma, J.1. Appellant is the defendant, whereas, respondent No. 1 is the plaintiff and respondent No. 2 is defendant No. 2 and they will be referred to as such in this judgment. This appeal at the instance of the defendant is against the decree and judgment dated 23-3-1998 passed by District Judge, Shimla whereby the suit of the plaintiff was decreed for specific performance of the contract dated 25-8-1993 against the defendant, who is directed to execute the sale deed in respect of the suit property in favour of the plaintiff on his paying a sum of Rs. 3,70,000/- on account of balance sale consideration. The suit property is a house and adjoining vacant land bearing Khasra numbers 131, 132 and 133 situate in Estate Andheri, Summer Hill, Shimla. Initially the suit was instituted in the High Court but later on it was transferred to the Court of District Judge when the pecuniary limit of the said Court was increased from Rs. 2 lacs to Rs. 5 lacs.2. The facts in brief, as pleaded...
State of Himachal Pradesh Vs. Saroj Bala and ors.
Court: Himachal Pradesh
Decided on: Aug-18-1999
Reported in: I(2000)ACC257,2000ACJ1060
L.S. Panta, J.1. The above appeal by the State of H.P. is directed against the judgment and order dated 18.1.1992 of Motor Accidents Claims Tribunal (II), Sirmaur District at Nahan in Claim Petition No. 19-N/2 of 1990, whereunder the legal representatives of deceased Baldev Singh have been awarded a sum of Rs. 2,00,000 by way of compensation.2. Baldev Singh was working as Head Constable in Police Station, Paonta Sahib in the year 1989. On 14.8.1989, he was travelling in the mini bus No. HIN 575 belonging to the appellant State on his official duty. Rehmat Ali respondent No. 5 herein was the driver of the said bus which was going on Badripur-Jamniwala Road on the relevant day. The said bus met with an accident, resulting in the death of Head Constable Baldev Singh. The legal representatives who are the widow and minor sons and daughter of deceased Baldev Singh filed claim petition before the Tribunal below, inter alia, on the ground that the accident occurred due to rash and negligent d...
Gujarat Ambuja Cement Ltd. and anr. Vs. Assessing Authority-cum-assist ...
Court: Himachal Pradesh
Decided on: Aug-17-1999
Reported in: [2000]118STC315(HP)
D. Raju, C.J.1. These two writ petitions are dealt with together since they arise not only on identical issues, but are between the same parties and submissions have also been made by the learned counsel appearing on either side in common.C.W.P.No. 51 of 1999 :2. The above writ petition has been filed by the petitioner-company seeking for the issue of following reliefs :(a) Issue an appropriate writ, order or direction quashing and/or setting aside the orders of the revisional authority dated February 8, 1999 for the assessment years 1995-96 and 1996-97 annexed hereto as annexure XXXII ;(b) Issue an appropriate writ, order or direction declaring that the petitioner-company is entitled to full exemption from payment of Central sales tax as well as Himachal Pradesh general sales tax under the exemption notification dated January 30, 1996 for a period of nine years from the date of its commercial production, namely, September 26, 1995 ;(c) Issue an appropriate writ, order or direction res...
Nishant Singh Sipehia and anr. Vs. Regional Engineering College, Hamir ...
Court: Himachal Pradesh
Decided on: Aug-16-1999
Reported in: AIR2000HP99
D. Raju, C.J.1. These two writ petitions may be dealt with together since they raise common and identical issues for adjudication and the submissions have been made by the learned counsel appearing on either side also in common.CWP No. 246 of 1999 2. This writ petition has been filed seeking for issue of a writ in the nature of a direction to the respondents to produce the answer sheets of the subjects of Physics and Methematics of CPET conducted by the respondent in June, 1999 and directing them to recheck the answer sheets of physics and Mathematics for any mistakes 'in totalling and non-marking', and for a further direction also to show/disclose the key-answers on the basis of which answer sheets were evaluated in terms of the decision reported in AIR 1991 Him Pra 39.CWP No. 247 of 1999 3. So far as this writ petition is concerned though the petitioner seeks for similar and identical relief as in the other writ petition, the said relief is confined to the answer sheet relating to th...
State of H.P. Vs. Hazara Singh and ors.
Court: Himachal Pradesh
Decided on: Aug-16-1999
Reported in: 2000CriLJ1163
M.R. Verma, J. 1. This is an appeal against the judgment dated 30-6-1995 passed by the learned Judicial Magistrate 1st Class, Billaspur whereby the accused-respondents (hereinafter referred to as 'the accused') have been acquitted of the accusations under Sections 32 read with with Section 33 of the Indian Forest Act.2. Case of the prosecution, in brief, is that PW-5 Sukh Ram, the then forest guard of Jhandhor Beat was on patrol duty in Dehan Jungle on 18-2-1990 at about 9 p.m. when he saw the accused felling the Khair trees in the said forest. When he was making inquiries from the accused, Bachhu Ram and Amar Chand also came there. They were also joined in the process of inquiry by PW-5. The Khair trees, numbering 10, were found to have been felled and cut with the help of saw and axe and were converted into 14 logs. The accused admitted the commission of the offence and a damage report Ex. PW-3/A was prepared by the said forest guard. He further prepared a confessional statement Ex. ...
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