Himachal Pradesh Court December 2001 Judgments
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Himachal Road Transport Corporation Vs. Saroj Devi and ors.
Court: Himachal Pradesh
Decided on: Dec-31-2001
Reported in: 2002ACJ1146
Arun Kumar Goel, J.1. It is proposed to dispose of all these appeals and cross-objections by a common judgment as they have arisen out of the same accident and were disposed of by a common award passed by the Tribunal below.2. Facts regarding which learned Counsel for the parties were not at variance at the time of hearing of these appeals are that the bus bearing registration No. HPN 984 was on its way from Renukaji to Nahan town on 21.7.1993. Respondent Ram Par-kash was its driver. Himachal Road Transport Corporation (H.R.T.C. for short), was the owner of this bus. When it reached near Do-Sardka at about 12.45 p.m. on Nahan Road, it met with an accident. Claimants in all these cases (as well as other cases which were filed and settled before the Tribunal below), pleaded that this was due to excessive speed at which the bus was being driven. And also because driver lost control. This resulted in bus going off the road. It rolled down and fell 100 ft. below the road. A number of person...
Sham Lal Vs. Smt. Mathi
Court: Himachal Pradesh
Decided on: Dec-24-2001
Reported in: AIR2002HP66
R.J. Khurana, J.1. The appellant before this Court is the defendant. He is aggrieved by the judgment and decree dated 22-9-1994 of the learned District Judge. Shimla, affirming the judgment and decree dated 6-3-1990 of the learned Sub-Judge, 1st Class (4). Shimla.2. The subject matter of the dispute between the parties comprises of a two sto-reyed house and a single storeyed kitchen located in the land measuring 3 biswas comprising in khasra No. 369J, khewat No. 3 and khatauni No. 4 in village Chhakrall, Pargana Majhola. Tehsil and District Shimla, hereinafter referred to as the property in dispute.3. Smt. Mathi and Smt. Sunehroo daughter of Parsu, claiming themselves to be the owners of the property in dispute filed a suit for possession of the properly in dispute on the allegations that the defendant was coming in possession thereof since 1968 without any right, title or interest therein. They also claimed raesne profits/damages/compensation amounting to Rs. 500/- for the use and occ...
Savitri Devi and Anr. Vs. Commissioner, Workmen's Compensation and Ors ...
Court: Himachal Pradesh
Decided on: Dec-21-2001
Reported in: 2003ACJ121
C.K. Thakker, C.J.1. An important question of law has been raised by the petitioners in this petition as to interpretation of Sub-section (7) of Section 8 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act').2. The petitioners filed Claim Petition No. 22 of 2000, before the Commissioner, Workmen's Compensation, (SDM), Nalagarh, District Solan. The case of the petitioners in the claim petition was that one Santosh Kumar, who was working with respondent No. 2 died in an accident arising out of and during the course of employment. The claim petition was allowed and the claimants were awarded compensation in accordance with law vide award dated 26.6.2000. The respondent No. 1 Commissioner awarded Rs. 2,26,380 along with interest at the rate of 12 per cent per annum from the date of the award till the realisation of the amount. It is not in dispute by and between the parties that the award has become final and no appeal or any other proceedings have been initiated ...
Udham Singh Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Dec-19-2001
Reported in: 2002CriLJ2592
ORDERKamlesh Sharma, J.1. These ten criminal revision petitions (Cr. Revisions No. 60 of 1999 and 68 to 76 of 1999) are being disposed of by a common judgment as these arise out of an identical order dated 6-4-1999, though passed separately in all these criminal cases by the Additional Chief Judicial Magistrate Hamirpur, whereby the application under Section 321, Cr.P.C. of Assistant Public Prosecutor was allowed and consent of the Court was granted to withdraw from the prosecution of respondents 2 to 4 as a consequence whereof respondents 2 to 4 were discharged in those criminal cases. The petitioner is aggrieved by the impugned order dated 6-4-1999 as it was on his complaint that FIR No. 137 of 1996 was registered in Police Station, Hamirpur out of which the said criminal cases had arisen. The petitioner is also a former Vice President of Gasota Agricultural Cooperative Society Gasota. Tehsil and District Hamirpur (hereinafter referred to as 'the Society').2. The brief facts of the c...
Himachal Pradesh Agro Industries Corporation Vs. Raj Kumar and ors.
Court: Himachal Pradesh
Decided on: Dec-18-2001
Reported in: (2002)IILLJ861HP
C.K. Thakker, CJ.1. All these petitions have been placed before us, as a substantial question of law affecting jurisdiction of the Himachal Pradesh State Administrative Tribunal ('Administrative Tribunal' for short), has been raised therein. It is the contention of the State/ Authorities/ employers that the Administrative Tribunal has no power, authority or jurisdiction to entertain petitions/applications claiming reliefs under the Industrial Disputes Act, 1947 (hereinafter referred to as 'the ID Act' or any other corresponding law for the time being in force and the Administrative Tribunal can exercise power, authority or jurisdiction only under the Administrative Tribunals Act, 1985 (hereinafter referred to as 'the AT Act'). All the orders passed by the Administrative Tribunal by invoking the provisions of the ID Act or under the corresponding law for the time being in force in favour of the petitioners were, therefore, illegal, unlawful and without jurisdiction.2. To appreciate the ...
Deepti Pathania Vs. Chaudhary Sarwan Kumar Hpkvv and ors.
Court: Himachal Pradesh
Decided on: Dec-14-2001
Reported in: AIR2002HP85
C.K. Thakker, C.J. 1. This petition is filed by the petitioner for quashing and setting aside admission given to respondents Nos. 2 to 4 by Chaudhary Sarwan KumarH.P.K.V.V., respondent No. 1 herein, on August 7, 2001 in B.Sc. (Agriculture) B.V.Sc. and AH course and for further direction to give admission to the petitioner on the basis of merits. 2. The case of the petitioner was that the first respondent-University issued a prospectus for admission to B.Sc. (Agriculture) B.V.Sc. and AH course for the Sessions 2001-02. The petitioner applied for admission against 30 seats as also for self-financing, seat before the last date of receipt of application. On June 24, 2001. the petitioner appeared in the Combined Entrance Test, A notification was published on July 21, 2001 declaring the result of Combined Entrance Test in daily edition of Indian Express, copy of which is annexed to the petition. The petitioner was qualified at the Combined Entrance Test as she had secured 121 marks out of 15...
Ravish Kumar Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Dec-14-2001
Reported in: 2002CriLJ1760
ORDERKuldip Chand Sood, J.1. Ravish Kumar, the petitioner herein, prays for anticipatory bail under Section 438 of the Code of Criminal Procedure in case registered with the Police Station, Reckong Peo on 19-11-2001, for offences punishable under Sections 302 and 201 of the Indian Penal Code in terms of FIR No. 56 of 2001.2. It appears, on the afternoon of 19th Nov. 2001 Naresh Kumar, Head Master of Government Middle School, Kothi, was informed about a dead body lying in the unused septic tank of the School. He inturn informed Harish Chand Negi, President of Gram Panchayat, Kothi, on telephone, about this discovery. Harish Chand reported the matter to the Police at about 4.40 PM on the same day. The Station House Officer, Rockong Pee along with other police officials immediately visited the spot. He found that a dead body, covered with refuse, with legs protuding was lying in the septic tank. The dead body, after taking photographs, was taken out of the septic tank. The clothes worn by...
Himachal Grameen Sanchayka Ltd. and anr. Vs. Reserve Bank of India
Court: Himachal Pradesh
Decided on: Dec-13-2001
Reported in: II(2003)BC361
ORDERC.K. Thakker, C.J. 1. This appeal is filed by the appellant, Himachal GrameenSanchayka Ltd. ('company', for short) against an order passed by the learned CompanyJudge on 3 September, 2001, in Company Application No. 29 of 2001 in CompanyPetition No. 6 of 2001, titled as Himachal Grameen Sanchayka Ltd. and Anr. v.Reserve Bank of India [since reported as (2002) 1 Comp LJ 546 (HP)]. By the said order,the learned Company Judge allowed the application filed by the Reserve Bank ofIndia ('RBI' for short) under Section 45MC of the Reserve Bank of India Act, 1934(hereinafter referred to as 'the RBI Act') read with Section 450 of the Companies Act,1956 (hereinafter referred to as 'the Act') and ordered appointment of the OfficialLiquidator, attached to this court, with all powers as provisional liquidator of thecompany with a direction to immediately take charge of the company's property,assets, books of accounts and other relevant papers and documents. 2. It was the case of the RBI that th...
Vidya Hatechery Farm Vs. Punjab National Bank and anr.
Court: Himachal Pradesh
Decided on: Dec-13-2001
Reported in: AIR2002HP92
ORDERKuldip Chand Sood, J. 1. This petition .under Section 115 of the Code of Civil Procedure is directed against the orders of learned District Judge, Solan, dated November 6, 1997 whereby the objections filed by the petitioner-judgment debtor against the confirmation of the sale were dismissed. 2. Petitioner Vidya Hatchery was the principal Judgment debtor in a decree suffered by the JDs M/s. Vldya Hatchery Farm, Nand Lal and Diwakar Dutt Sharma for an amount of Rs. 1,00,904-05, dated 20-9-1990 with future interest at the rate of 13% per annum payable to the decree-holder bank. The decree-holder moved an application for execution of the decree and recovery of Rs. 1.71,980-73 with costs of Rs. 6,582-60 on 30-6-1992. The immovable properties of the petitioner-judgment debtor and Nand Lal were attached and sold. However, on the objections of the JDs the auction was set aside. Fresh warrants of sale were issued and property of the petitioner was sold on 10-3-1997 in an auction conducted ...
Smt. Dalumbi Devi and ors. Vs. Raghu Raj and ors.
Court: Himachal Pradesh
Decided on: Dec-13-2001
Reported in: AIR2002HP99
ORDERKamlesh Sharma, J. 1. Appellants are the legal representatives of original plaintiff Puran Chand. whereas respondent No. 1 is defendant No. 1 and respondents 2 to 5 are the legal representatives of original defendant No. 2, Smt. Chandoo. In this appeal under Section 100, C. P. C., the appellants have assailed the decree and Judgment dated 8-1-1998 passed by the District Judge, Shimla. whereby their appeal was dismissed and the decree and judgment dated 1-9-1994 passed by the Sub-Judge, 1st Class (2), Shimla. was affirmed. . The Sub-Judge had dismissed the suit of original plaintiff Puran Chand and allowed the counter claim of defendant No. 1 for possession of land in dispute measuring 12 blghas 3 biswas, comprised in Khasra Nos. 24, 26. 50, 57, 63 and 66, situated in MauzaKalyana, Hadbast No. 16, Tehsll and District Shimla. 2. The suit filed by the original plaintiff Puran Chand was for declaration that he was in possession of the land in dispute as charge-holder and he could not ...
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