Himachal Pradesh Court April 2002 Judgments
State of H.P. Vs. Kataria Builders
Court: Himachal Pradesh
Decided on: Apr-30-2002
Reported in: 2003(2)ARBLR526(HP)
M.R. Verma, J.1. This objection petition under Section 34(3) of the Arbitration and Conciliation Act (hereinafter referred to as 'the Act') has been preferred by the objector/State against the award dated 8.10.1998. 2. Case of the objector is that the dispute between the parties was referred for arbitration by the sole Arbitrator who gave his award on 8.10.1998. However, the award is liable to be set aside on the grounds that (i) the Arbitrator has erroneously decided the issues which he has no power to decide, (ii) that the findings of the Arbitrator are based on surmises and conjectures, (iii) that the Arbitrator has acted without jurisdictions, and (iv) the Arbitrator has wrongly considered the matters covered under Clauses (2) and (3) of the contract as such matters were not arbitratual. 3. The objector also moved an application under Section 5 of the Limitation Act for condonation of delay in filing the objection petition, seeking exclusion of time it spent in prosecuting its obje...
Tag this Judgment!Gita Ram Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Apr-26-2002
Reported in: 2002CriLJ3832
ORDERLokeshwar Singh Panta, J.1. In Sessions Trial No. 2 l-S/7 of 1998, the Sessions Judge, Shimla, convicted the appellant-accused for offence under Section 376 of the Indian Penal Code So and sentenced him to undergo rigorous imprisonment for 7 years with the fine of Rs. 1000 / -. In default of payment of fine the appellant shall undergo further rigorous imprisonment of one year. The appellant has challenged his conviction and sentence in this appeal. The prosecutrix (PW-1) is the wife of Raju (PW-3) . They are the residents of village Chadach, Tehsil Chopal, District Shimla. In the year 1997, PW Raju was employed as Chowikidar by Bija Ram (PW 5) to look after his orchard at his 'Dogri' (out house) located about 1 Km. away from his village Kuhl. Both the husband and wife started living in the Dogri of PW Bija Ram.2. The case of the prosecution against the appellant is that on 25-5-1997, PW 3 left the 'Dogri' around 6.00 a.m. for village Shantha to attend a local fair. Prosecutrix rem...
Tag this Judgment!Satya Devi Sharma and ors. Vs. Megh Pal and anr.
Court: Himachal Pradesh
Decided on: Apr-23-2002
Reported in: I(2003)ACC477,2002ACJ2104,(2003)ILLJ265HP
Arun Kumar Goel, J. 1. This appeal under Section 30 of the Workmen's Compensation Act, 1923 has been filed by the claimants-appellants against the award of Collector Commissioner under the Workmen's Compensation Act, 1923, Sub Division, Shimla (Rural), District Shimla, H.P. By means of impugned order dated September 24, 2001 passed in case No. 6 of 1998 while allowing compensation in the sum of Rs. 2,12,307, it was ordered to be deposited within one month of the date of the said decision. Insurance Company was held liable for payment of compensation of this amount with interest at the rate of 12% p. a. for every day of delay thereafter. Besides the aforesaid amount of compensation, both the respondents have been held liable to pay Rs. 5,000 each by way of penalty.2. When the appeal was filed following two substantial questions of law were framed on behalf of the appellants: -1. Whether the appellants are entitled to Rs. 3,500 p.m. as salary for the purpose of multiplier in view of amen...
Tag this Judgment!Ramesh Chand and anr. Vs. Sant Kumar
Court: Himachal Pradesh
Decided on: Apr-22-2002
Reported in: AIR2003HP66
ORDERR.L. Khurana, J. 1. The abovenoted two second appeals are being disposed of by this common Judgment since the question involved therein is the same. 2. The appellants in both the appeals are the defendants, while the respondent is the plaintiff. The parties are being referred to accordingly hereinafter. 3. Briefly stated, the facts of the case giving rise to the present two appeals are these. One Atma Ram son of Gobind Ram was the owner and in possession of the following lands in village Sasan, Tehsil and District Una, as detailed in the Jamabandi for the year 1981-82 :-- (a) Land measuring 20 kanals 3 marlas comprising of khasra Nos. 176, 431, 917, 253, 436, 437, 441, 426, 427 and 430; and (b) Land measuring 28 kanals 15 marlas comprising of khasra Nos. 235. 428, 978/ 1, 1027/1, 181, 978, 976, 977, 1027, 1028, 15/3 and 3/10/2. 4. The said Atma Ram, who died on 4-6-1983, is alleged to have executed a gift in respect of the land detailed at (a) above and a Will in respect of the l...
Tag this Judgment!Sito Vs. Amar Nath and ors.
Court: Himachal Pradesh
Decided on: Apr-17-2002
Reported in: AIR2004HP26
Kuldip Chand Sood, J.1. Plaintiff-appellants Sito Devi and Chaino having lost before the trial Court and first appellate Court are in second appeal under Section 100 of the Code of Civil Procedure.2. In order to appreciate the controversy, few facts may be noticed :Beli Ram was the owner of the land, subject-matter of dispute, to the extent of 1/3rd share. Beli Ram died in the year 1992, leaving behind his two daughters-plaintiffs-Sito Devi and Chaino. After his death, defendant-respondent-Amar Nath set up a Will. Mutation of inheritance of the share of Beli Ram, in the suit property, was attested in favour of the contesting defendant on 14th May, 1992. Plaintiffs on 28th June, 1994 brought a suit against the defendant claiming that the Will set up by him was invalid and forged. The Will, impugned, does not effect the right, title and interest of the plaintiffs over the disputed property. The defendants were also sought to be permanently restrained from interfering in the peaceful owne...
Tag this Judgment!Smt. Padmo and ors. Vs. Surat Ram
Court: Himachal Pradesh
Decided on: Apr-12-2002
Reported in: 2003CriLJ237,I(2003)DMC483
ORDERKamlesh Sharma, J. 1. This petition was registered on the complaint received by this Court from the petitioners on the administrative side.2. Respondent is the husband of petitioner No. 1 and father of minor petitioners Nos. 2 to 4. The case of the petitioners is that having been deserted by the respondent, they filed an application under Section 125 of the Code of Criminal Procedure, 1973 (Cr. P.C. in short) for grant of maintenance in the Court of Addl. Chief Judicial Magistrate, Theog on 7-5-1996, who referred the matter to Gram Panchayat, Basa, Tehsil Theog, District Shimla, on 5-6-1996 for decision. The Gram Panchayat passed order dated 6-6-1997 granting maintenance of Rs. 300/- per month each to petitioners Nos. 1 and 2 and Rs. 200/- per month each to petitioners Nos. 3 and 4. In all, an amount of Rs. 1000/- per month was granted as maintenance to the petitioners.3. On the failure of the respondent to pay the maintenance as per order of the Gram Panchayat, the petitioners fi...
Tag this Judgment!Raj Kumar @ Khem Raj Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Apr-12-2002
Reported in: 2002CriLJ3816,I(2003)DMC212
ORDERM.R. Verma, J.1. By this application, the petitioner-accused (hereinafter referred to as 'the accused') has prayed for grant of bail to him in case FIR No. 21/2002 dated 13.1.2002 under Sections 498-A, 304-B and 306, I.P.C, registered at Police Station, Sunder Nagar.2. The case of the prosecution against the accused, in brief, is that accused used to maltreat, harass and torture his wife Smt. Champa @ Drompti who was married to aim in December, 2000 by saying that he brother had given birth to two girls and that her Khandan gives birth to girls and as a consequence, fed up with such treatment, said Champa Devi took some poisonous substance on 13.1.2002 and, thus, committed suicide. On 17.1.2002, during investigation, it was also been found that the accused had been demanding dowry and wants to marry some other woman, which also led to the consequences of the maltreatment meted out to the deceased.3. I have heard the learned Counsel for the accused and the learned Law Officer for t...
Tag this Judgment!Ram Pal and ors. Vs. Agya Ram and anr.
Court: Himachal Pradesh
Decided on: Apr-11-2002
Reported in: AIR2003HP1
Arun Kumar Goel, J.1. This appeal was admitted on 12-7-1994 on the following substantial questions of law :--1. Whether the Courts below committed an error in law, while misreading and misinterpreting the documents Exts. D-1, PW-3/A to PW-3/C ?2. Ex. D-1 is the Will dated 21-1-1981 executed by late Dhian Singh, s/o Polo in favour of the respondents-defendants, whoare being referred to accordingly here in this judgment. Suit was initially filed by Mangal Singh, who was nephew (brother's son) of Dhan Singh.3. In this behalf it may also be noted that Polo had three sons, Inder Singh, Dhian Singh and Uttam Singh, Dhian Singh and Uttam Singh died issueless as well as widowless. Uttam Singh executed Will of his property in favour of the sons of Mangal Singh, the original plaintiff. They are appellants No. 1 to 4 in the present appeal. Dhian Singh, as already noted, executed Will Ex. D-1 in favour of the defendants.4. After filing of the suit record of the trial Court shows that Mangal Singh ...
Tag this Judgment!National Insurance Co. Ltd. Vs. Satya Devi and ors.
Court: Himachal Pradesh
Decided on: Apr-10-2002
Reported in: I(2003)ACC93,2002ACJ1618
Arun Kumar Goel, J.1. The appellant insurance company has filed this appeal against the award of the Motor Accidents Claims Tribunal, Solan in M.A.C. Petition No. 80-S/2 of 1989 dated 7.3.1992. While allowing the above petition compensation in the sum of Rs. 1,62,000 has been awarded to the respondents-claimant Nos. 1 to 6 in equal shares and has been made payable by the owner of the truck Gurnam Chand as well as by the insurance company, i.e., the present appellant. They were held to be entitled for payment of interest at the rate of 9 per cent per annum from the date of the award, i.e., 7.3.1992 in case this amount is deposited by the said respondents within 60 days; failing which they shall be liable to pay interest at the rate of 12 per cent per annum on the awarded amount from the date of petition, i.e., 10.5.1989 till its payment/deposit. Costs of Rs. 550 has also been imposed on the appellant as well as respondent No. 7, i.e., the driver of the vehicle.2. In this case facts by a...
Tag this Judgment!Ajeet International Vs. H.P. Horticulture Produce Marketing and Proces ...
Court: Himachal Pradesh
Decided on: Apr-09-2002
Reported in: 2003(1)ARBLR72(HP)
M.R. Verma, J. 1. In this suit, the plaintiff has prayed for a decree for Rs. 12,62,165.30 along with costs and future interest @ 24% per annum from the date of suit till realisation of the amount.2. Case of the plaintiff as made out in the plaint is that it is a company incorporated under the Companies Act having its registered office in Lower Jakhu Road, Shimla. It is engaged in the manufacture and sale of corrugated fibre board and boxes for packing horticultural produce and industrial goods and also registered with the Director of Industries, Himachal Pradesh, Shimla and Arun Jain being its Managing Director is authorised to sue on its behalf. The defendant is a Public Limited Company and incorporated under the Companies Act having its registered office in Nigam Vihar, Shimla. Vide tender notice dated 28.1.1989, defendants asked the plaintiff to quote rates for supply of CFB cartons and the plaintiff tendered the offer along with earnest money deposit of Rs. 1.25 lacs, though, as p...
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