Himachal Pradesh Court May 2000 Judgments
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Samtel Workers Union (Bms) Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: May-24-2000
Reported in: (2001)ILLJ632HP
C.K. Thakker, C.J. 1. This petition is filed by Samtel Workers Union (BMS), Parwanoo ('Union', for short), through its Secretary, for an appropriate writ, direction or order quashing and setting aside Certified Standing Orders, if any, of Samtel India Limited, Solan, respondent No. 3 herein ('Company', for short). A prayer is also made to direct respondent No. 3-Company to submit draft Standing Orders in accordance with the provisions of the Industrial Employment (Standing Orders) Act, 1946 (hereinafter referred to as 'the Act') and the Industrial Employment (Standing Orders) Himachal Pradesh Rules, 1973 (hereinafter referred to as the Rules). A further prayer is made restraining the third respondent Company from implementing or giving effect to order passed by it on the basis of unlawful Standing Orders and by restoring the rights of the members of the petitioner-Union declaring the action taken by the Company as illegal, unlawful and ultra vires.2. The case of the petitioner is that ...
Reeta Roy Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: May-23-2000
Reported in: 2000CriLJ3740
ORDERM.R. Verma, J.1. This petition under Section 482 of the Criminal Procedure Code has been preferred by the applicant for restoration and rehearing of Revision Petition No. 114/97 which has been disposed of by this Court vide order dated November 8, 1999.2. Briefly stated, the facts material for the purpose of deciding the present petition are that the aforesaid Revision Petition preferred by the applicant against the order dated 28-11-1997 passed by the learned Sessions Judge whereby the complaint of the applicant under Sections 447/448/324/323 and 341 of the Indian Penal Code was dismissed as withdrawn, was admitted for hearing by this Court on 2-4-1998. The Revision Petition was listed for final hearing on November 8, 1999 when none appeared for the applicant with the result that the Revision was heard and disposed of on merits in the absence of the applicant.3. The present petition has been preferred on the ground that the Revision Petition unexpectedly came up for hearing when ...
H.P. State Co-operative Marketing and Consumer Federation Ltd. Vs. Bha ...
Court: Himachal Pradesh
Decided on: May-12-2000
Reported in: AIR2001HP33
Lokeshwar Singh Panta, J.1. Theabove writ petition has been filed by H. P. State Co-operative Marketing and Consumer Federation Ltd. under Articles 226 and 227 of the Constitution of India seeking to quash the order dated 24-12-1996 of the Joint Secretary (Co-operation) to the Govt. of Himachal Pradesh, respondent No. 2 in case No. 30 of 1996 and second order dated 30-12-1998 of the Additional Secretary (Co-operation) marked Annexure P-13 rejecting the review petition of the petitioner-Federation against the order dated 24-12-1996.2. Himachal Pradesh State Co-operative Marketing and Consumer Federation Ltd. (for short HIMFED-petitioner) herein is a society registered under the Himachal Pradesh Co-operative Societies Act. 1968. First respondent Shri Bhagmal was working as Salesman/Store Keeper of HIMFED-petitioner at Hamirpur, District Hamirpur. He was charged with responsibility of maintenance of stock account receipts and sales of various kinds of fertilizers and cement. In the year 1...
Rajinder Kumar and ors. Vs. Soma Devi and ors.
Court: Himachal Pradesh
Decided on: May-12-2000
Reported in: 2001ACJ307
Kamlesh Sharma, J.1. Appellant Nos. 1 (a) to 1 (e) are the legal representatives of original appellant No. 1, namely, Ram Nath, who died during the pendency of the appeal. He was owner and appellant No. 2, who is his son, was the driver of tractor No. HPG 616. Respondent-claimant No. 1 is the widow and respondent-claimant No. 2 is the minor son of deceased Tek Singh who succumbed to the injuries received by him on 12.4.1990 in the accident of tractor No. HPG 616. Their case has been that on the day of accident Tek Singh and his brother Kuldip Singh, PW 4, were standing at Basal Puli on Dera Baba Rudru-Nari Road waiting for the bus for village Nari. Seeing the tractor in question, deceased gave signal for lift and in return got struck and fell on the road at a distance of 5-7 feet and sustained number of injuries as a result of rash and negligent driving of the tractor by appellant No. 2. Thereafter, he was brought to the hospital at Una where he breathed his last at 9.00 p.m.2. The res...
State of H.P. Vs. Madan Lal
Court: Himachal Pradesh
Decided on: May-12-2000
Reported in: 2000CriLJ4200
Kuldip Chand Sood, J.1. On September 20, 1988, Food Inspector, Solan, Shri B.L. Jasta (PW1) visited the business premises of M/s Chet Ram Madan Lal Halwai, Upper Bazar, Solan. Madan Lal (AW1)was found conducting business of Halwai in these premises. One tin weighing about 15 Kgms. containing cow's milk was found in the premises. The tin was sealed. The Food Inspector disclosed his identity and expressed his desire to take sample of cow's milk for the purpose of analysis. The Food Inspector, accordingly, purchased 750 gms. cow's milk taken from the tin on payment of rupees 4.50 paise in the presence of Mangat Ram (PW2) and Mehar Chand, peon of the Food Inspector (PW3). The milk so purchased was divided in three equal parts. Each part was separately poured in a separate bottle. Twenty drops of formalin were added to each of the bottle as preservative samples were corked, wrapped and sealed in thick paper. Codal formalities were completed. One part of the sample was sent to the Public Ana...
Nagesh Kumar Vs. Kewal Krishan
Court: Himachal Pradesh
Decided on: May-12-2000
Reported in: AIR2000HP116
ORDERM.R. Verma, J.1. This revision petition is directed against the judgment of the District Judge, Chambu dated 7-1-2000 whereby C.M.A. No. 15 of 1999 preferred by the respondent-defendant (hereafter referred to as 'the defendant') against the order dated 13-9-1999 passed by the learned Senior Sub-Judge, Chamba thereby allowing an application of the petitioner-plaintiff (hereafter referred to as 'the plaintiff) under Order 39, Rule 1 and 2 C.P.C., has been set-aside and on the undertaking given by the defendant, he has been allowed to raise construction over the suit land.2. Brief facts leading to the presentation of the petition are that the plaintiff had instituted a suit for permanent injunction restraining the defendant from raising any construction and for mandatory injunction to remove the Malwa or any other construction raised during the pendency of the suit, over the land comprising Khasra No. 1206/ 271, measuring 10 Bighas and 8 Biswas Khata Khatauni No. 374/425, situate in ...
Amrit Lal Vs. State of H.P.
Court: Himachal Pradesh
Decided on: May-08-2000
Reported in: 2001CriLJ1047
Kuldip Chand Sood, J.1.The present appeal is directed against the judgment of the learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, dated March 31, 1997, in Sessions Trial No. 31-R/7 of 1995, whereby the appellant Amrit Lal, hereinafter referred to as an 'accused', has been convicted for an offence punishable under Section 376 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for seven years and to pay a fine of rupees 2,000/-. In case of default in the payment of fine, the accused is to suffer further simple imprisonment for one year. The accused has also been directed to pay rupees 5000/- as compensation to the victim.2. Prem Kumari d/o Shri Achhar Singh, is resident of village Pangi. On July 9, 1994, Prem Kumari (PW-1) visited the house of Sukhdev to pay obeisance to 'Devta' who was brought to the house of Sukhdev on the same day from Kalpa. Amrit Lal accused, a resident of Kalpa, had accompanied the Devta from Kalpa to the house of Sukhdev in...
State of Himachal Pradesh and ors. Vs. Smt. Halli Devi
Court: Himachal Pradesh
Decided on: May-04-2000
Reported in: AIR2000HP113
R.L. Khurana, J.1. The respondent, hereinafter referred to as the plaintiff, a resident of village Rohla, Pargana Bathri. Tehsil Bhatiyat of District Chamba, on 27-3-1989 while going to her cattle-shed for the purpose of feeding her cows, was attacked by a black bear as a result of which she sustained the following injuries :--(i) Loss of complete eye sight (left eye);(ii) Compound fracture of left mandible;(iii) Fracture of nasal bone;(iv) Fracture of right frontal bone, frontal sinus, maxillary sinus with very severe facial disfigurement;(v) Facture both bones left forearm.2. Consequent upon such Injuries, her permanent disability was assessed at 100% by the medical authorities vide certificate Ex. PW3/A. Under the scheme formulated by the State Government vide notification dated 25-2-1988 (Copy Ex. DB) a relief of Rs. 5,000/- was granted to the plaintiff.3. The plaintiff on 9-12-1991 filed a suit. as an indigent person, for the recovery of damages of Rs. 1,00,000/- on account of per...
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