Himachal Pradesh Court September 1999 Judgments
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H.P. State Forest Corporation Ltd. Vs. Vimla Devi and ors.
Court: Himachal Pradesh
Decided on: Sep-30-1999
Reported in: (2000)IILLJ500HP
Lokeshwar Singh Panta, J.1. The above appeal by the Himachal Pradesh State Forest Corporation Ltd. (for short 'appellant-Corporation') under Section 30 of the Workmen's Compensation Act, 1923 is directed against the order dated March 31, 1992 of Commissioner under Workmen's Compensation Act, Sundernagar, District Mandi in case No. 5 whereunder the claim of claimants 1 to 3 for compensation for the death of workman Krishan Lal was allowed to the tune of Rs. 63,385.26 p.2. Briefly stated the facts of the case are that Krishan Lal was drowned on March 6, 1988 under glacier while working with the appellant-Corporation and respondent No. 4 Achhar Singh Bhag Singh Timber Contractor. The legal representatives/heirs of deceased Krishnan Lal made a claim before the Commissioner below for compensation on account of the death of their sole breadearner who died while working with the appellant-Corporation and respondent No. 4 as their employee. The claimants alleged that Krishan Lal was employed a...
H.P. State Forestcorporation Ltd. Vs. Sheesh Ram and ors.
Court: Himachal Pradesh
Decided on: Sep-30-1999
Reported in: I(2000)ACC546,2000ACJ1264
L.S. Panta, J. 1. The above appeal by the H.P. State ForestCorporation (for short 'appellantCorporation') under Section 30 of the Workmen's Compensation Act, 1923 is directed against the order dated 18.11.1992 of Commissioner under the Workmen's Compensation Act, 1923, Sub Division Ani, in Case No. 1 of 1990 whereby claim of Rs. 1,35,828 filed by the claimants was allowed for the death of their son Ram Chander who died while in the employment of the appellantCorporation and respondent contractor.2. Briefly stated the facts of the case are that one Ram Chander was working along with other workmen with the appellantCorporation and respondent contractor on work for extraction of geltus and carrying them by rope-way. The agreement was entered into between the appellantCorporation and respondent contractor on 2.12.85 to execute the contract. When said Ram Chander was working on the span he fell down on a stone on 15.6.1989 at about 12.45 p.m. and thereafter he was removed to Rampur Hospital...
Prem and ors. Etc. Vs. Budh Ram
Court: Himachal Pradesh
Decided on: Sep-23-1999
Reported in: 2000CriLJ790
ORDERKamlesh Sharma, J.1. These two petitions (Cr. M..M.O. Nos. 17 and 18 of 1999) arise out of a common order dated 16-2-1999 passed by the Sessions Judge, Solan, whereby two Revision Petitions No. 14-Section 10 of 1998 and 15-Section 10 of 1998 were dismissed and the order dated 24-8-1998 of the Judicial Magistrate 1st Class, Solan summoning the petitioners in the said Revision petitions as accused in a Criminal complaint filed by the respondent was affirmed. The Judicial Magistrate 1st Class, Solan by his order dated 24-8-1998 had summoned the petitioners, except petitioner No. 6, in Cr. M.M.O. No. 17 of 1999 under Sections 107, 109, 143, 149, 441, 503 and 506, IPC and petitioner No. 6 Bagga Ram under Section 109, IPC only and the petitioners in Cr. M.M.O. No. 18 of 1999 under Sections 109, 120, 143, 149, 109 and 506, IPC. Having failed in their Revision Petitions before the Sessions Judge, the petitioners by filing these petitions have invoked the inherent powers Of this Court unde...
Jaswant Rai and ors. Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Sep-15-1999
Reported in: 2000CriLJ1970
ORDERM.R. Verma, J.1. This Revision Petition is directed against the judgment dated 22-1-1998 passed by the learned Additional Sessions Judge, Sirmaur at Nahan whereby the conviction of and sentence awarded to the petitioners by the learned Judicial Magistrate 1st Class (2), Paonta Sahib under Section 332 read with Section 34 of the Indian Penal Code was maintained.2. Brief facts leading to the presentation of the present petition may be summarised as follows;3. The accused along with so many other persons are the employees of Cement Corporation of India Ltd. Rajban which is a Government of India Enterprise. In the year 1986 there was a strike by the contract labourers in the said Corporation in which Atma Ram and Baldev Singh were suspended. When the strike was called off they were reinstated. On 27-10-1986 Atma Ram and S.K. Minhas were suspended for disobedience. On 29-10-1986 the petitioners and their co-accused formed an unlawful assembly at about 9 a.m. Accused Atma Ram blew siren...
Dhondup Tesering Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Sep-09-1999
Reported in: 2000CriLJ3551
R.L. Khurana, J.1. The present appeal has been directed by the accused, Dhondup Tesering, through Superintendent, Model Central Jail, Nahan, against the judgment dated 8-8-1997, of the learned Additional Sessions Judge (1), Dharamsala, in Sessions Case No. 12-D/96, whereby he has been convicted for the offences under Sections 376 and 302, Indian Penal Code, and sentenced to :(a) rigorous imprisonment for ten years and fine of Rs. 5000/- for the offence under Section 376, Indian Penal Code and in default of payment of fine rigorous imprisonment for a further period of one year, and(b) rigorous imprisonment for life for the offence under Section 302, Indian Penal Code.The two substantive sentences of imprisonment were ordered to run concurrently.2. Briefly stated, the prosecution story is this. The accused, a Tibetan national, in June 1996 was working in the Tibetan Staff Mess at Macleodganj, Dharamsala. He was residing in a residential accommodation just near the Mess. Just in front of ...
Satnam Singh and anr. Vs. R.K. Dutta and anr.
Court: Himachal Pradesh
Decided on: Sep-09-1999
Reported in: (2000)IILLJ1355HP
Lokeshwar Singh Panta, J.1. Both these Contempt Petitions filed under Article 215 of the Constitution of India read with Section 12 of Contempt of Courts Act, 1971 have been taken up and heard together since common questions of fact and law are involved therein and the learned counsel for the parties have made same and identical submissions and are being disposed of by this common order.Facts Both the petitioners were working with Pamwi Tissues Limited, Barotiwala as Welder/ Fitters. Their services were terminated by the management and Government of Himachal Pradesh referred Industrial Dispute to the Labour Court under Section 10 of the Industrial Disputes Act, 1947 for its adjudication. The Labour Court quashed the termination of the petitioners as well as other co-workmen vide award dated December 7, 1996 and ultimate para granting relief to the petitioners by the Labour Court is reproduced as under:'24. The result therefore, is that the entire enquiry proceedings held against the pe...
Harnam Singh and ors. Vs. Smt. Purbi Devi and ors.
Court: Himachal Pradesh
Decided on: Sep-07-1999
Reported in: AIR2000HP108
M.R. Verma, J.1. This judgment shall dispose of the above appeal and the connected cross objections.2. Brief facts leading to the presentation of the present appeal and the cross objections are that the appellants/plaintiffs (hereafter referred to as the 'plaintiffs') instituted a suit for possession by way of specific performance of contract dated September 14, 1984 by executing a sale deed qua 8/45 share in land comprising Khata No. 6, Khatoni Nos. 12. 13, Khasra Nos. 82 min, measuring 0-10-76, Khata No. 14 min, Khatoni No. 29, Khasra Nos. 90, 395. 397, measuring 0-47-68, total area 0-58-44. more specifically detailed in the Jamabandi for the year 1980-81, situate in Mohal Kanda, Mauza Thana Bargran. Sub-Tehsil Baroh, District Kangra (hereafter referred to as the 'suit land'), for Rs. 22,225/- and in the alternative for the recovery of Rs. 15,750/-, i.e. Rs. 10,500/- paid as earnest money and Rs. 5,250/- as damages/interest thereon for the period from September 14, 1984 to July 14, 1...
Laiq Ram Vs. Vijay Aggarwal
Court: Himachal Pradesh
Decided on: Sep-03-1999
Reported in: AIR2000HP15
ORDERSurinder Sarup, J. 1. This revision is directed against the judgment of the Appellate Authority, Shimla, dated 18-2-1998, whereby he has set aside the order of eviction of the respondent/tenant passed by the Rent Controller (1). Shimla, dated 16-3-1996, on the eviction petition under Section 14 of the H. P. Urban Rent Control Act, hereinafter to be called 'the Act', which was originally filed by the petitioner-land lord. By the said impugned judgment the Appellate Authority has in addition dismissed the said eviction petition of the petitioner.2. The petitioner filed the petition under Section 14 of the Act against the respondent for his eviction from the demised premises on the ground of bona fide requirement by him for his use and occupation and his family members. It was stated therein that besides himself the petitioner's family comprised of his wife, three sons and the wives and children of two of his sons, the remaining son being unmarried at that time. As per the petitioner...
Rajender Kumar Alias Munna Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Sep-01-1999
Reported in: 2000CriLJ468
R.L. Khurana, J. 1. The appellant, Rajender Kumar, hereinafter referred to as the accused, upon having been convicted by the learned Sessions Judge, Chamba, in Sessions Case No. 24 of 1994 for the offence under Section 307, Indian Penal Code, vide judgment dated 27/29-12-1995 stands sentenced to simple imprisonment for a period of three years and to pay a fine of Rupee 1000/- In default of payment of fine, he has been sentenced to simple imprisonment for a period of ten days.2. Briefly, the prosecution story may be thus stated. The accused and the injured complainant PW. 2 Rakesh Kumar both belong to village Dhulara, Pargana Bhatti Tikkri falling within the local limits of Police Station, Chowari in District Chamba. There exists a Shiva Temple in the area of Nadal. On 27-2-1992, a 'Jagrata' was held at the said temple in which 50/60 persons including the accused and PW. 2 Rakesh Kumar had participated. As a customary ritual a he-goat and a lamb were offered as a sacrifice at the altar ...
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