Himachal Pradesh Court November 2003 Judgments
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National Insurance Co. Ltd. Vs. Mrs. Meena Kumari and ors.
Court: Himachal Pradesh
Decided on: Nov-28-2003
Reported in: III(2004)ACC209
Arun Kumar Goel, J.1. Though this application has been contested on behalf of the respondents, however, looking to the facts detailed in the application which is duly supported with the affidavit of Sh. Arun Ahluwalia, Administrative Officer of the appellant Insurance Company at its Divisional Office, Shimla, I am satisfied that delay in filing the appeal was neither wilful nor intentional At the same time, I am also satisfied that sufficient cause is made out for condonation of delay in filing this appeal. This application is allowed.F.A.O. No. 577 of 2003:Heard learned Counsel for the parties present and have also examined the to record of the Trial Court with their assistance.2. Mr. Sharma, learned Counsel for the appellant has made two-fold prayer in this case. Namely, that the driver was not legally authorized to drive the vehicle in question on the day of Accident. Because he did not possess a valid driving licence as envisaged under the provisions of Motor Vehicles Act, 1988. In...
Rita Devi Vs. Karam Chand Balia and anr.
Court: Himachal Pradesh
Decided on: Nov-26-2003
Reported in: I(2004)DMC242
Arun Kumar Goel, J.1. By means of impugned judgment and decree, marriage between appellant-wife and respondent No. 1-husband stands dissolved. They have two children, i.e. daughter about 10 years and son about 9 years old. Admittedly they are residing with the appellant. Marriage having solemnized in the year 1990, paternity of the children is not in dispute between the parties.2. Respondent No. 1 is employed as a Class-IV employee in the Himachal Pradesh Town and Country Planning Department. When he filed petition for the grant of divorce, he was posted at Rampur Bushehar. At the time of hearing of this appeal, i.e. on 17.11.2003, he stated that his present place of posting is Dharamsala.3. Respondent No. 1, the husband filed a petition for dissolution of marriage by a decree of divorce against the appellant-wife, alleging that she was living in adultery with respondent No. 2 Madho Ram. She started learning tailoring from respondent Madho Ram against the wishes of her husband. Respond...
H.P. State Industrial Development Corpn. Ltd. Vs. Chanana Steel Tubes ...
Court: Himachal Pradesh
Decided on: Nov-25-2003
Reported in: [2004]52SCL206(HP)
Arun Kumar Goel, J.1. This is an application filed by defendant Nos. 1 to 3 with a prayer for framing additional issues, which according to them arise out of their pleadings.2. By referring to the provisions of Section 2(h) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as '1993 Act'), as well as the notification of the Government of India, Ministry of Finance, Department of Economic Affairs (Banking Division), dated 6-4-1988, it was submitted by Mr. Chaudhary, that the plaintiff is covered as an 'Institution' established by the State Government as for its object the 'financing of industrial concerns'. According to learned Counsel, by necessary implication plaintiff shall be deemed to be a 'public financial institution'; within the meaning of Section 2(h) of 1993 Act, and Section 4A of the Companies Act, 1956. Thus, according to Mr. Chaudhary, this Court cannot entertain and try this suit.3. All these pleas have been controverted by ...
Sbi Officers Association Vs. Chief General Manager, Sbi and ors.
Court: Himachal Pradesh
Decided on: Nov-24-2003
Reported in: (2004)IIILLJ169HP
Lokeshwar Singh Panta, J. 1. This writ petition is filed by State Bank of India Officers Association, Himachal Pradesh Zonal Unit through its Deputy General Secretary Shri B.K. Sharma, seeking the following reliefs:'(i) The impugned orders dated November 26, 1991 Annexure P-5 whereby the Hill and Fuel Allowance has been abolished by the Executive Committee of the Respondent No. 2 may kindly be quashed and set aside;(ii) Directions may kindly be issued to the respondents to allow the Hill and Fuel Allowance and Special Area Allowance to the members of the petitioners Association as was being allowed ever since January 1, 1990;(iii) Any other writ, order, or direction as this Hon'ble Court may deem just and proper in the facts and circumstances of the case, may also kindly be passed;(iv) The cost of this writ petition may kindly be awarded in favour of the petitioners and against the respondents and justice may be done '2. It is the case of the petitioners' Association that its members a...
Himachal Road Transport Corporation Vs. Surjo Devi and ors.
Court: Himachal Pradesh
Decided on: Nov-14-2003
Reported in: III(2004)ACC798
Arun Kumar Goel, J.1. All these have arisen out of the same Accident, as such, have been taken up together. It may be noted that vide common award which is subject-matter of FAO No. 244 of 2001, two claim petitions were decided. One was by two daughters and husband of late Smt. Bandna. Other petition was filed by Kumari Neha for the injuries sustained by her. Separate awards have been passed in cases out of which FAO Nos. 86 of 2001 and 225 of 2001 have arisen. Brief reference to facts of each case necessary for disposal of these appeals is being made hereinafter.2. An important fact that needs to be noted at the very outset in these appeals is, that Accident having taken place was not even dispute at the time of hearing of these appeals, nor it was disputed during the course of proceedings before the learned Tribunal below. Bone of contention before the Tribunal below, as well as this Court, is whether the Accident was on Account of rash and negligent driving on the part of Mohinder S...
Naresh Kumar Vs. Indra Devi and anr.
Court: Himachal Pradesh
Decided on: Nov-05-2003
Reported in: II(2004)ACC785,(2004)IILLJ566HP
Arun Kumar Goel, J.1. Heard learned counsel.2. Admit. Issue notice. Learned counsel for the parties stated that only question involved in this case is whether the order of imposing 50% penalty passed by the Commissioner below is in consonance with the provisions of Section 4-A(3)(b) proviso of Workmen's Compensation Act, 1923 or not. Thus they submitted that instead of allowing this appeal to remain pending, it may be heard at this stage and disposed of today itself. It was for this reason that appeal has been finally heard and is being disposed of, as jointly prayed for by learned counsel for the parties.3. After hearing learned counsel for the parties facts as they emerge from the order dated October 31, 2001 in File No. 2/2000, passed by the learned Commissioner under the Workmen's Compensation Act (SDM), Rajgarh, District Sirmour are;That respondent No. 1 Indra Devi filed claim petition under Workmen's Compensation Act for the grant of Rs. 3,00,000/- as compensation. At the time of...
Himachal Road Transport Corporation and anr. Vs. Subhdra Devi and ors.
Court: Himachal Pradesh
Decided on: Nov-03-2003
Reported in: I(2004)ACC309,2004ACJ1973
Arun Kumar Goel, J.1. All these appeals arise out of the same accident, as such those are being disposed of by this common judgment. In this behalf it may be noted that F.A.O. Nos. 279 and 280 of 1996 arise out of separate awards passed by the learned Motor Accidents Claims Tribunal, Chamba.2. In F.A.O. No. 341 of 1995 deceased is one Lehru Ram. He died in an accident, which took place on 5.11.1993 at 7.30 p.m. at Dawaru Nallah, which falls within the jurisdiction of Police Station, Kihar. Vehicle involved in this accident being bus bearing registration No. HP 47-0857. Its driver was one Kehar Singh. He was employed by the appellant Corporation. Driver of this bus died in the accident, besides number of other persons. Factum of accident was not disputed between the parties at the time of hearing. In this case, appellants have been made liable to pay compensation in the sum of Rs. 1,11,000 with 12 per cent interest per annum from the date of petition, i.e., 16.3.1994 till the date of pa...
H.R.T.C. and anr. Vs. Subhdra Devi and ors.
Court: Himachal Pradesh
Decided on: Nov-03-2003
Reported in: 1(2004)ACC309
Arun Kumar Goel, J.1. All these appeals arise out of the same accident, as such those are being disposed of by this common judgment. In this behalf it may be noted that F.A.O. Nos. 279 of 1996 and 280 of 1996 arise out of a common award and other two appeals arise out of separate awards passed by the learned Motor Accident Claims Tribunal, Chamba.2. In F.A.O. No. 341 of 1995 deceased is one Lehru Ram. He died in an accident, which took place on 5.11.1993 at 7.30 p.m. at Dawaru Nallah, which falls within the jurisdiction of Police Station Kihar. Vehicle involved in this accident being bus bearing Registration No. HP-47-0857. Its driver was one Kehar Singh. He was employed by the appellant-Corporation. Driver of this bus died in the accident, besides number of other persons. Factum of accident was not disputed between the parties at the time of hearing. In this case, appellants have been made liable to pay compensation in the sum of Rs. 1,11,000/- with 12% interest per annum from the dat...
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