Himachal Pradesh Court January 2002 Judgments
Residents of Tatta Pani Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Jan-11-2002
Reported in: AIR2002HP122
Kamlesh Sharma, A.C.J.1. Both these writ petitions (C.W.P. Nos. 220 of 2000 and 1359 of 2001) are being disposed of by a common judgment as these involve identical facts with identical prayers.2. The petitioners are residents of village Tatta Pani, Tehsil Karsog, District Mandi. They have, inter alia, prayed for the following reliefs :1. The respondent Nos. 1, 2 and 6 may kindly be directed to stop the construction of bridge at the present site at river Satluj near Tatta Pani forthwith and start surveying a new alternative site.2. That the respondents Nos. 3, 4 and 5 may be directed not to attribute towards construction of proposed bridge at the present site being a wastage of public money.3. The case set up by the petitioners is that the existing bridge over the river Satluj at Tatta Pani connects Shimla and Mandi Districts. It is 41.5 metres long and was built in the year 1961. It is still in good condition and presently all transportion of the area is made through this bridge. By th...
Tag this Judgment!Dr. Parvesh Tanwar and ors. Vs. Union of India (Uoi) and ors.
Court: Himachal Pradesh
Decided on: Jan-09-2002
Reported in: AIR2003HP41
Kamlesh Sharma, A.C.J. 1. Petitioners are the students of three year Post-Graduate Ayurveda Vachaspati/MD/MS Course in the Himachal Pradesh Govt. Institute of Post-Graduate Education and Research in Ayurveda Paprola, Tehsil Baijnath, District Kangra [hereinafter called 'the Institute') . Their grievance is that they are not being paid the amount of stipend at the rate at, which it is paid to the Post-Graduate students of Indira Gandhi Medical College and they have prayed for the following reliefs :i) Direct the respondents to pay the petitioners stipend at the rate of rupees 7300/-per month for Ist year course, rupees 7600/-for 2nd year course and rupees 7800/- for 3rd year course similar to those payable in the Indira Gandhi Medical College for Graduate Students in Allopathy or at the rates which may be revised from time to time;ii) Direct the respondents to pay the petitioners stipend from the dates of their admission along with Interest at the rate of 12% per annum.'2. It is not in ...
Tag this Judgment!Dumnu Ram Vs. Madan Lal and ors.
Court: Himachal Pradesh
Decided on: Jan-03-2002
Reported in: AIR2002HP141
R.L. Khurana, J.1. The present second appeal is at the instance of the defendant No. 1. It is directed against the judgment and decree dated 1-1-1994 of the learned Additional District Judge (1), Kangra at Dharamshala reversing the judgment and decree dated 29-4-1989 of the learned sub-Judge Ist Class (2), Palampur. Defendants No. 2 to 4 have been impleaded as pro forma respondent Nos. 3 to 5 in the present appeal. The appellant -- defendant No. 1 and the pro forma respondent Nos. 3 to 5 collectively are being referred to as the defendants hereinafter.2. The subject matter of the dispute between the parties is the land detailed below and hereinafter referred to as the land in dispute :--(i) Land measuring 0-32-47 hectares comprising of Khata No. 1, Khatauni No. 6 min and khasra Nos. 688, 731, 750, 776, 822, 832, 851 and 853 of village Mandhole, Tehsil Baijnath, District Kangra; (11) Land measuring 0-09-30 Hectares comprised in khata No. 2, Khatauni No. 12 min and khasra No. 744 and 753...
Tag this Judgment!Himachal Road Transport Corporation Vs. Inder Dass Beakta and ors.
Court: Himachal Pradesh
Decided on: Jan-02-2002
Reported in: II(2002)ACC398,2002ACJ874
Arun Kumar Goel, J.1. Himachal Road Transport Corporation (hereinafter referred to as 'H.R.T.C.'), has preferred this appeal against the award dated 9.1.2001, passed by the Motor Accidents Claims Tribunal (2), Shimla in M.A.C. No. 94-S/2 of 1995. By means of impugned award a sum of Rs. 5,00,000 has been awarded in favour of respondent Nos. 1 and 2, with 12 per cent interest from the date of filing of the claim petition, i.e., 27.10.1995.2. It may be noted that H.R.T.C. is the owner of bus bearing registration No. HP 07-1766, respondent Nos. 1 and 2 were the claimants before the Tribunal below being parents of deceased Jagmohan Beakta. Respondent No. 3, Surinder Beakta is the owner of Gypsy taxi No. HP 02-1348. This taxi was insured with Oriental Insurance Co. Ltd. According to respondent Nos. 1 and 2 on 6.9.1995 deceased was driving aforesaid taxi from Sanjauli to Shimla side along with passengers. Suddenly the vehicle swerved towards its right side. It was brought to a halt by the dec...
Tag this Judgment!Charan Singh Vs. Joginder Singh and anr.
Court: Himachal Pradesh
Decided on: Jan-02-2002
Reported in: II(2002)ACC368,2002ACJ1250
Arun Kumar Goel, J.1. Appellant is aggrieved with the award passed by Motor Accidents Claims Tribunal, Una in M.A.C. Case No. 69 of 1994 on 8.3.1996. He has been held liable to pay the compensation in the sum of Rs. 1,49,000 with 12 per cent interest from the date of filing of petition, i.e., 26.10.1994 till the date of the award. Further interest has been made payable if the amount is not deposited within 30 days of the date of the passing of the award till its realisation at the said rate. In addition to this a sum of Rs. 330 has been assessed as lawyer's fees.2. Respondent Nos. 1 and 2 are parents of the deceased Tarlochan Singh who died as a result of motor vehicular accident. According to the respondents the deceased along with other persons was on way to Baba Bharbhag Singh at village Mairi on 25.5.1994. All of them were travelling in truck No. CHW 6567. When it reached near village Rainsary, truck driver Hardeep Singh stopped it and asked the passengers to take meals. Meanwhile ...
Tag this Judgment!Jagannath and ors. Vs. the Kullu Municipal Committee and ors.
Court: Himachal Pradesh
Decided on: Jan-01-2002
Reported in: AIR2003HP5
Arun Kumar Goel, J. 1. This appeal is directed against the judgment and decree passed by a learned single Judge of this Court in Civil Suit No. 34 of 1982 on November 2/ 3, 1989. By means of impugned decree, suit of the appellants, (hereinafter referred to as the 'Plaintiffs') has been partly decreed against Respondent No. 1 (hereinafter referred to as 'Defendant No. 1'), with proportionate costs in terms of the decree, dismissing rest of the claim as set up in the plaint. Defendant No. 1 has filed the Cross-Objections against the decree that has been passed against it.2. A suit for recovery of Rs. 6,32,058/- was filed by the plaintiffs against defendant No.1 and other respondents who were also arrayed as defendants No. 2 to 4 in the suit, and all of them hereinafter are being referred hereto as defendants. Defendant No. 1 is Kullu Municipal Committee, defendant No. 2 is the Secretary of the Committee. Defendant No. 3 is Deputy Commissioner, Kullu and defendant No. 4 is the State of Hi...
Tag this Judgment!Shyam Lal and ors. Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Jan-01-2002
Reported in: 2002CriLJ3178
Lokeshwar Singh Panta, J.1. Both these appeals have been filed against the judgment and order dated 30-6-2000 passed by Addl. Sessions Judge, Solan in Sessions trial No. 4-S/7/97. By the impugned judgment and order, out of 24 accused, the Addl. Sessions Judge convicted A-1 Shayam Lal, A-2 Ram Das, A-3 Hans Raj and A-15 Manoj Kumar for various offences as under :1. A-1 Shayam Lal(a) under Section 452, IPC and is sentenced to undergo simple Imprisonment for five years and to pay fine of Rs. 5,000/-, in default of payment of fine to undergo simple imprisonment for six months more;(b) under Section 302, IPC for causing the death of Guddu Ram and is sentenced to undergo imprisonment for life and to pay fine of Rs. 10,000/-, in default of payment of fine to undergo simple imprisonment for one year more and;(c) under Section 323, IPC for causing injuries to deceased Guddu Ram and is sentenced to undergo simple imprisonment for one year.2. A-2 Ram Dass(a) under Section 452, IPC and is sentence...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Gian Chand and ors.
Court: Himachal Pradesh
Decided on: Jan-01-2002
Reported in: 2002ACJ764
Arun Kumar Goel, J.1. We propose to dispose of all these appeals by a common judgment (though claim petitions were decided separately by the learned Tribunal below), as these arose out of the same accident.2. Learned counsel for the appellant insurance company, Mr. Ashwani Kumar Sharma has prayed for setting aside the impugned awards passed in all these cases. According to him, the vehicle in question involved was a truck bearing registration No. HIB 4355 meant primarily for carriage of goods. It was registered as such and was also adapted for carriage of goods and not of passengers.3. After the matter was heard, learned Counsel for the parties were not at variance on the following facts:4. That the truck bearing registration No. HIB 4355 belonged to Mansa Devi respondent. Rattan Chand was its driver at the time of its accident. And he is the son of Mansa Devi, owner. On the fateful day, i.e., 8.5.1997, when it met with the accident, it was deployed to carry barat from village Baroha t...
Tag this Judgment!- ‹ Prev
- Next ›