Himachal Pradesh Court July 2003 Judgments
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Puran Chand Vs. Shyam Lal and ors.
Court: Himachal Pradesh
Decided on: Jul-31-2003
Reported in: III(2004)ACC471,AIR2005HP1
Arun Kumar Goel, J.1. When this case was taken up today, learned counsel for the parties stated that this matter needs to be disposed of at this stage only. Accordingly it was finally heard after it was admitted.2. Brief facts giving rise to this case are that Shyam Lal, hereinafter referred to as the 'claimant', filed a claim petition under Section 166 of the Motor Vehicles Act 1988 for the grant of compensation. According to him, truck bearing registration No. HP-17-9600 was owned by the appellant (hereinafter referred to as the owner). It was insured with National Insurance Company Limited, i.e. respondent No. 3, (hereinafter referred to as the 'insurer'). Leelu Ram respondent No. 2 was the driver and is being referred to as such. Rash and negligent driving on the part of the driver while driving the aforesaid truck caused accident on 5-8-1998, when claimant was on scooter bearing registration No. CH-01-E-1728. Around 9 p.m. when the claimant had reached near Kolar bus stand, the sc...
Shivalik Knit Polyfab Pvt. Ltd. Vs. Presiding Officer
Court: Himachal Pradesh
Decided on: Jul-28-2003
Reported in: (2004)IIILLJ514HP
R.L. Khurana, J.1. Being aggrieved by the award dated September 29, 1997 of the Labour Court, Shimla, the petitioner-company has approached this Court for quashing and setting aside the said award.2. One Ram Swaroop son of Hari Ram was employed by the petitioner-company sometime in the year 1987. He was allegedly discharging the duties and function of a Weaver. His monthly salary was Rs. 600 per month. His services were abruptly and illegally terminated by the petitioner-company with effect from May 18, 1991.3. On an industrial dispute having been raised by the said Ram Swaroop, the matter was referred to the Labour Court under Section 10 of the Industrial Disputes Act, 1947 (for short, the Act). The case set up by the workman Ram Swaroop was that he had organised a Union of workers, which irked the Management since the workers had become alive to their demands. It was further pleaded that on May 10, 1991, his uncle had expired. He, therefore, proceeded on leave from May 13, 1991 to Ma...
Mohan Lal Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Jul-28-2003
Reported in: 2005CriLJ591
ORDERKuldip Chand Sood, J.1. On 13th October, 1993, Food Inspector, Sh. S. C. Joshi, intercepted accused Mohan Lal selling mixed milk. Mohan Lai had kept the milk for sale in two iron buckets. Each of the buckets contained about six liters of milk. The Food Inspector, after disclosing his identity, expressed his intention to purchase 750 milliliters of milk, for the purpose of analysis. He accordingly issued a notice to the accused. Food Inspector purchased 750 milliliters of mixed milk on payment of Rs. 3.75 paise for the purpose of analysis. Before lifting the sample, the milk was stirred to make it homogeneous and thereafter poured into three neat, clean and dry bottles. In each of the bottles, 20 drops of formalin were added as preservative. The samples were corked, wrapped and sealed. Codal formalities were completed. One part of the sample was sent to the Public Analyst, Kandaghat. Public Analyst, Kandaghat by his report dated 17th November, 1993 (Ex. P6) found that the sample of...
Reserve Bank of India Vs. Himachal Grameen Sanchayaka Ltd.
Court: Himachal Pradesh
Decided on: Jul-11-2003
Reported in: [2004]122CompCas762(HP),[2003]47SCL181(HP)
Kuldip Chand Sood, J.1. This petition, under Section 45MC of the Reserve Bank of India Act ('RBI Act' for short) is laid by the Reserve Bank of India for winding up of 'Himachal Gramin Sanchayaka Ltd.', ('Company' for short).2. The respondent Company is a non-banking Financial Company within the meaning of Clause (f) of Section 45-IA of the RBI Act. The Company submitted an application in July 1997 for the issuance of a Certificate of Registration for carrying the business of non-banking Financial Institutions under the RBI Act. To ascertain the financial position of the Company, RBI carried out inspection of the Company on March 31, 1997 through M/s. P.L. Mittal and Company Chartered Accountants. On inspection, it was found that the Net Owned Fund of the Company was (-) Rs. 886.66 lakhs on March 31, 1997 but the public deposits held by the Company were to the extent of (+) Rs. 737 lakhs as on March 31, 1999. The Capital to Risk Weighted Assets Ratio (CRAR) was assessed to be nit. The ...
Himachal Road Transport Corporation Vs. Gita Devi
Court: Himachal Pradesh
Decided on: Jul-07-2003
Reported in: II(2004)ACC131,2004ACJ115
Arun Kumar Goel, J.1. This appeal is directed against the award dated 3.1.1995, passed by learned Motor Accidents Claims Tribunal, Shimla, in M.A.C. Petition No. 12-S/2 of 93 of 1992.2. By means of impugned award, a sum of Rs. 60,000 has been awarded to the respondent. This is inclusive of amount, if any, deposited or paid under 'no fault liability'. Interest at the rate of 12 per cent per annum from the date of petition, i.e., 5.3.1992 has also been allowed on the compensation.3. Admitted facts of this case are that the respondent was travelling on the fateful date, i.e., 19.9.1991, in the bus of the appellant Corporation bearing registration No. HIS 1720. This bus was on its way from Shimla to Tatta Pani. The appellant had boarded the same at village Dargi on her way to her native village Shamlog, in Tehsil Suni of Shimla District. This bus met with an accident at Mandri and as a consequence of it, Hardayal driver of the ill-fated bus and number of other passengers died at the spot. ...
State of Himachal Pradesh Vs. Madan Lal
Court: Himachal Pradesh
Decided on: Jul-01-2003
Reported in: 2005CriLJ803
M.R. Verma, J.1. This appeal by the State is directed against the judgment dated 13-7-1998 passed by the learned Judicial Magistrate I-Class, Nurpur whereby the respondent/accused (hereafter referred to as 'the accused') has been acquitted of the accusations under Sections 279 and 304-A of the Indian Penal Code.2. The case of prosecution, in brief, is that on 20-4-1993 at about 6.00 p.m. the accused while driving Truck No. HP-48-0174 in a rash and negligent manner on a national high way near Pucca Tiala, crushed to death a boy, namely, Atul, aged about five and-a-half years, who was carrying cattle feed and was on his way to his house. At the time of the occurrence, the deceased was accompanied by his parents Sardar Singh (PW-4) and his mother Kusum Lata (PW-5). One Ajay Kumar (PW-1) was also present on the spot. After having crushed the child under the wheels of the truck, the truck stopped at some distance from the place of occurrence. The occurrence was reported to the police by PW-...
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