Himachal Pradesh Court April 2004 Judgments
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Ashoka Alloy Steel Ltd. and ors. Vs. Central Bank of India
Court: Himachal Pradesh
Decided on: Apr-28-2004
Reported in: II(2005)BC283,[2004]122CompCas777(HP)
V.K. Gupta C.J.1. The Board for Industrial and Financial Reconstruction (BIFR) had ordered and recommended the winding up of petitioner No. 1-company and forwarded its recommendation to this court in accordance with the provisions of the Sick Industrial Companies (Special Provisions) Act, 1985. Vide judgment dated December 8, 1999, passed in Company Petition No. 3 of 1999 a learned company judge of this court in purported exercise of the powers vested in it under section 21(2) of the aforesaid Act ordered the winding up of petitioner No. 1-company and also directed the official liquidator to take over the affairs of the company. Aggrieved, the petitioner-company filed Company Appeal No. 1 of 1999 before the Division Bench of this court. This appeal is still pending disposal. It is undisputed that in the aforesaid company appeal, the Division Bench has ordered maintenance of status quo until the disposal of the appeal. Initially status quo order was passed on December 27, 1999, but on O...
United India Insurance Co. Ltd. Vs. Chanchala Devi and anr.
Court: Himachal Pradesh
Decided on: Apr-27-2004
Reported in: III(2004)ACC46,2005ACJ777,(2005)ILLJ263HP
R.L. Khurana, J.1. One Kartar Chand on April 15, 1994 while working in the stone crusher of respondent No. 2 during the course of his employment sustained multiple grievous injuries and he succumbed to the injuries on April 18, 1994 at P.G.L, Chandigarh to which hospital he was shifted for treatment. Respondent No. 1 Smt. Chanchala Devi, his. widow approached the Commissioner, Workmen's Compensation, Nalagarh, under Section 4 of the Workmen's Compensation Act, 1923, seeking compensation for the death of the deceased.2. Respondent No. 2, the employer of the deceased, admitted that the deceased was under his employment and that during the course of employment the deceased had sustained multiple injuries and he died due to such injuries.3. The appellant, Insurance Company, while resisting the claim petition denied the deceased to be under the employment of respondent No. 2 at the relevant time. It was pleaded that the claim petition had been filed by respondent No. 1 in connivance with re...
United Commercial Bank Vs. Dev Raj and ors.
Court: Himachal Pradesh
Decided on: Apr-23-2004
Reported in: II(2005)BC352,[2004]122CompCas568(HP)
M.R. Verma, J.1. This order shall dispose of the preliminary objection raised by the judgment debtors that this court has no jurisdiction to entertain this execution petition.2. The facts relevant for the purpose of disposal of the aforesaid question are that vide judgment dated October 24, 1991, this court passed a decree for Rs. 3,01,313.15 in favour of the decree holder and against the judgment debtors and now a sum of Rs. 13,16,388.53 has become recoverable on the basis of the said decree, hence this execution petition by the decree holder in which the aforesaid question has been raised for the judgment debtors.3. I have heard learned counsel for the parties.4. Learned counsel for the judgment debtors contended that the decree being in favour of a bank in a loan transaction, the present petition ought to have been presented before the concerned Debt Recovery Tribunal (hereafter referred to as 'the DRT') and this court has no jurisdiction to entertain it.5. On the other hand, learne...
National Insurance Co. Ltd. Vs. Bhagwan Dass and ors.
Court: Himachal Pradesh
Decided on: Apr-21-2004
Reported in: 2005ACJ410
Arun Kumar Goel, J.1. When C.M.P. No. 863 of 2003 was taken up today for consideration, the learned counsel for the parties in all these appeals submitted that keeping in view the limited controversy involved in these appeals, instead of tak- ing up this application for release of the amount, these may be finally heard and disposed of. It is for this reason that this appeal, i.e., F.A.O. No. 118 of 2001 and other three connected appeals, i.e., F.A.O. Nos. 119, 122 and 123 of 2001 were heard and are being disposed of by this common judgment.2. Facts relevant for determination of all these appeals based on the plea of the appellant insurance company are being briefly noted, which are as under:Vehicle No. JKQ 4689 met with an accident on 4.10.1997. This accident took place at 12.15 p.m. near Nangabagh, Phati Bandrol, Kothi Raison, District Kullu, Himachal Pradesh. Respondents-claimants in all these cases urged that the accident was due to rash and negligent driving on the part of Jaqoob A...
New India Assurance Co. Ltd. Vs. Dharmu and ors.
Court: Himachal Pradesh
Decided on: Apr-21-2004
Reported in: 2005ACJ1149
V.K. Gupta, C.J.1. The following question of law has been referred to this Full Bench of three Judges by a Division Bench of this court vide order dated 13.8.2002 passed in F.A.O. No. 74 of 1998 and in ninety-two other connected matters:'When a person is holding an effective driving licence within the meaning of Sections 2(47), 3(1) and 10(2)(e) of Motor Vehicles Act, 1988, whether such a licence still needs an endorsement authorising him to drive a particular type of vehicle as has been held in the decision of the Division Bench of this court reported in the case of New India Assurance Co. Ltd. v. Suraj Parkash, 2001 ACJ 85 (HP)?'2. Shorn of all unnecessary details and without going into the facts of individual cases, suffice it to say that the only issue which falls for our consideration in this reference is about the validity of a driving licence in the light of a specific provision of law contained in Sub-section (2) of Section 149 of the Motor Vehicles Act, 1988 ('Act' for short),...
National Insurance Company Vs. Bhagwan Das and ors.
Court: Himachal Pradesh
Decided on: Apr-21-2004
Reported in: III(2004)ACC19
Arun Kumar Goel, J.1. When CMP No. 863 of 2003 was taken up today for consideration, learned Counsel for the parties in all these appeals, submitted that keeping in view the limited controversy involved in these appeals, instead of taking up this application for release of the amount, these may be finally heard and disposed of. It is for this reason that this appeal, i.e., FAO No. 118 of 2001 and other three connected appeals, i.e., FAO Nos. 119,122 and 123 of 2001 were heard and are being disposed of by this common judgment.2. Facts relevant for determination of all these appeals based on the plea of the appellant-Insurance Company are being briefly noted, which are as under:Vehicle No. JKQ 4689 met with an Accident on 4.10.1997. This Accident took place at 12.15 p.m. near Nangabagh, Phati Bandrol, Kothi Raison, District Kullu, Himachal Pradesh. Respondent/claimants in all these cases urged that the Accident was due to rash and negligent driving on the part of Jaqoob Ahmad-respondent ...
Jeet Ram Kishore and ors. Vs. Sunder Singh
Court: Himachal Pradesh
Decided on: Apr-02-2004
Reported in: AIR2005HP21
ORDERArun Kumar Goel, J. 1. This revision is directed against the order dated 1-8-2003, whereby learned trial Court has dismissed the application under Order VI, Rule 17 read with Section 151 of C.P.C. filed by the petitioners, hereinafter referred to as 'the defendants', for amendment of their written statement.2. With a view to properly understand and appreciate the controversy involved in this revision, case set up by the parties, out of which this revision has arisen, and on which, learned Counsel for the parties were not at variance at. the time of hearing, need to be briefly noted. These are :--3. That a suit was filed by the respondent, hereinafter referred to as 'the plaintiff on the basis of title qua the land as detailed in the plaint again the defendants for permanent prohibitory injunction restraining them from in any manner, interfering with his possession and ownership. This suit was filed on 19-9-1995. Written statement was filed on 29-9-1995. Issues were framed on 7-4-2...
State of Punjab Vs. Chandan Kumar Mandal and ors.
Court: Himachal Pradesh
Decided on: Apr-01-2004
Reported in: 2005ACJ683
R.L. Khurana, J.1. In accident which took place on 10.8.1993 near the village Kangu, Tehsil Sundernagar of the District Mandi, involving the bus No. PB 12-8219 belonging to the appellants and truck No. HP 32-0972 belonging to the respondent No. 2 Nand Lal, and of which respondent No. 3 was the insurer, grievous injuries were sustained by the respondent No. 1 Chandan Kumar on his right arm, who was then travelling in the said bus belonging to the appellants. As a result of such injuries the right arm of respondent No. 1 had to be amputated from shoulder level.2. Alleging composite negligence on the part of the two drivers of the vehicles involved in the accident, respondent No. 1 approached the learned Motor Accidents Claims Tribunal (1), Mandi (for short, 'the Tribunal') under Section 166 of the Motor Vehicles Act, 1988, seeking compensation to the tune of Rs. 10,00,000 for the injuries and disability sustained by him.3. Respondent No. 2, the owner of the truck, while resisting the cla...
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