Himachal Pradesh Court May 2003 Judgments
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Cement Corporation of India Vs. Presiding Officer, Labour Court and or ...
Court: Himachal Pradesh
Decided on: May-30-2003
Reported in: (2004)ILLJ465HP
Lokeshwar Singh Panta, J.1. This writ petition has been filed by Cement Corporation of India, Rajban, District Sirmour, Himachal Pradesh through Shri R. Vishwanathan, its General Manager under Articles 226/227 of the Constitution of India seeking the following reliefs:(i) The impugned order (Annexure P-2) dated November 24, 1995 may please be quashed.(ii) That the records of the respondent-Court may kindly be summoned and examined for the just decision of this writ petition;(iii) Any other writ, direction or order, deemed fit in the facts and circumstances of the case, be issued; and(iv) Petitioner be awarded the costs of thewrit petition against the respondents.2. The petitioner-Cement Corporation of India (for short CCI) is a Government Company and it has established its factory for manufacturing of cement at Rajban, District Sirmour, The CCI has employed a number of regular workmen for running its factory. The CCI engaged Moti Chand, respondent No. 3 here as the contractor for doing...
Surat Singh Vs. State of Himachal Pradesh and anr.
Court: Himachal Pradesh
Decided on: May-26-2003
Reported in: 2003(3)ARBLR606(HP)
V.K. Gupta, C.J. 1. This reference in terms of Section 113 read with Order 46, Rule 1 of the Code of Civil Procedure has been made to this Court by the learned Senior Sub Judge, Shimla. The facts leading to the making of this reference are that with respect to an Arbitration agreement relating to the construction of Shimla bye pass (Phase-III) Section Parimahal to Dhalli Portion etc. etc. disputes had arisen between Shri Surat Singh, claimant/objector and the State of Himachal Pradesh and Executive Engineer, Shimla Division No. 1, HP PWD, Shimla which were referred to the Arbitration of Superintending Engineer (Arbitration) Solan, H.P. P.W.D. The Arbitrator passed his Award on 08.09.1998 whereby he Awarded a sum of Rs. 6,746 with interest at the rate of 12% per annum from 01.08.1995 in favour of petitioner Shri Surat Singh.2. Feeling aggrieved of the passing of the aforesaid Award, the petitoner filed an application for setting aside the aforesaid Award in terms of Section 34 of the Ar...
National Insurance Co. Vs. Gomti Devi and anr. and Kishan Singh
Court: Himachal Pradesh
Decided on: May-15-2003
Reported in: II(2003)ACC739,2003ACJ1848,(2003)IIILLJ1113HP
Lokeshwar Singh Panta, J. 1. The question of law referred to the Full Bench by a Division Bench is whether the appeal by the Insurance Company under Section 30 of the Workmen's Compensation Act, 1923 (for short 'the Act') is maintainable without depositing the award amount unless the memorandum of appeal is accompanied by a certificate by the Commissioner under the Act to the effect that the appellant had deposited with him the amount payable under the order appealed against. This appeal under Section 30 of the Act has been filed by the National Insurance Company, being an insurer of a, vehicle bearing Registration No. HP-11-3842 which was the subject matter of the accident on March 14, 2001. In the said accident the son of the claimant-respondent No. 1 herein had died. The deceased was cleaner of the vehicle involved in the accident and the claimant had filed an application for compensation under the Act. In the application, the appellant-insurance company being the insurer of the veh...
Bharti Sharma Vs. Surinder Kumar Sharma
Court: Himachal Pradesh
Decided on: May-07-2003
Reported in: II(2003)DMC319
M.R. Verma, J.1. This appeal Under Section 28 of the Hindu Marriage Act (hereinafter referred to as 'the Act') has been preferred by the appellant against the judgment and decree dated 3.2.1999, passed by the learned District Judge, Una, in H.M.A. Petition No. 13/1996, whereby a decree of divorce by dissolving the marriage between the parties has been granted in favour of the respondent.2. Brief facts leading to the presentation of this appeal are as follows : The respondent herein instituted a petition Under Section 13(1)(ia), (ib) of the Act against the appellant for a decree for divorce. His case, as made out in the petition, is that the marriage between the parties was solemnised on May 11,1986 according to the Hindu rites at village Khad, Teh. and Distt, Una. After the marriage, parties lived and cohabited as husband and wife at Yamuna Nagar and a female child named Puja was born out of the wedlock on 1.4.1987. While residing at Yamuna Nagar after the marriage, the appellant start...
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