Himachal Pradesh Court August 2004 Judgments
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Collector, Land Acquisition, Hppwd Vs. Kehar Singh and ors.
Court: Himachal Pradesh
Decided on: Aug-25-2004
Reported in: AIR2005HP34
ORDERArun Kumar Goel, J. 1. This appeal at the instance of the Land Acquisition Collector, Kangra; is directed against the award dated 28-6-1994, passed by learned Addl. District Judge (II), Kangra at Dharmashala. By means of impugned award compensation by the Land Acquisition Collector, Kangra has been enhanced to Rs. 5,000/- per marla in respect of land comprised in Khasra Nos. 94/1 and 164/1, owned by respondents Kehar Singh, Mohar Singh and Harbans Singh, measuring 0-00-46 Hects., Barrani Awal and land comprised in Khasra No. 608/149/1, measuring 0-00-44 Hects., owned by Kehar Singh also Barrani Awal. So far owning the land as aforesaid is concerned, it was not even disputed on behalf of the appellant, when this case taken up today for hearing.2. Land was acquired for a public purpose, namely Thural-Palampur Road. Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') was initially published in the HP Rajpatra on 30-11-1985. However da...
ishwar Lal Chaudhari and anr. Vs. National Insurance Company and ors.
Court: Himachal Pradesh
Decided on: Aug-25-2004
Reported in: III(2004)ACC461
V.K. Gupta, C.J.1. This appeal under Section 173 of the Motor Vehicles Act is at the instance of two persons, Ishwar Lal Chaudhary and Sajjan Singh (respondent Nos. 2 and 3 in MAC Petition No. 16-NL/2 of 90/1989 who claim to be the owners of vehicle No. CHN-7437 (motor cycle) which hit deceased Sulemaa on 17.4.1989 when he was going on a bi-cycle on Nalagarh Swarghat road at about 7a.m. Following five issues were framed for trial by the learned Tribunal:1. Whether Shri Suleman died due to the rash and negligent driving by respondent No. 3 Sajjan Singh of vehicle/motor cycle No. CHN-7437, as alleged? -OPP2. Who was the owner of the vehicle No. CHN-7437 at the time of Accident? Onus kept common on petitioners and respondents.3. Whether the petitioners are entitled to any compensation, if so, to what amount and from whom? -OPP4. Whether the Insurance Company, respondent No. 4, is not liable to pay the compensation, as alleged by it in the written reply? -OPR5. Relief.2. The learned Motor ...
Dharam Singh Vs. Jagdish
Court: Himachal Pradesh
Decided on: Aug-23-2004
Reported in: AIR2005HP10
R.L. Khurana, J.1. This appeal is by the defendant against the judgment and decree dated 27-5-2004 of the learned Additional District Judge, Una, reversing the judgment and decree dated 17-8-2001 of the learned Sub-Judge 1st Class (1), Amb. The respondent/plaintiff filed a suit for possession of the land in dispute against the defendant by pleading that the defendant has encroached upon the land in dispute. The defendant while resisting the suit raised an objection that the suit was bad for non-joinder of necessary parties. It was averred that the plaintiff was only a co-sharer and in the absence of other co-sharers the suit was bad.2. The learned trial Court after having held the defendant as encroacher over the land in dispute non-suited the plaintiff simply on the ground that the suit filed by the plaintiff without impleading the other cosharers as parties was bad.3. In appeal preferred by the plaintiff, the learned Additional District Judge after . setting aside the Judgment and de...
Col. Inder Singh Vs. Rangila Ram Rao and ors.
Court: Himachal Pradesh
Decided on: Aug-17-2004
Reported in: AIR2005HP11
ORDERM.R. Verma, J. 1. This petition under Sections 80, 81 read with Sections 10, 101 and 123(7) of the Representation of People Act, 1951 (hereinafter referred as 'the Act') has been filed by the petitioner praying for setting aside the election of respondent No. 1 to the Himachal Pradesh Vidhan Sabha from 64 Gopalpur, Vidhan Sabha Constituency and for declaring the petitioner duly elected to the Himachal Pradesh Vidhan Sabha from the said Constituency.2. The case of the petitioner as made out in the petition is that the petitioner and the respondents contested the election to the Himachal Pradesh Vidhan Sabha from 64, Gopalpur, Vidhan Sabha Constituency, held on 26-2-2003. The petitioner contested the election as a candidate of Bhartiya Janta Party, respondent No. 1 as candidate of Indian National Congress, respondent No. 2 as a candidate of Himachal Vikas Congress Party, respondent No. 3 as candidate of Himachal Lok Morcha and the rest of the respondents contested the election as In...
Rupinder Singh Vs. Girdhari Lal and anr.
Court: Himachal Pradesh
Decided on: Aug-12-2004
Reported in: III(2004)ACC432
Arun Kumar Goel, J.1. When hearing in this case had commenced, learned Senior Counsel Mr. Patial, submitted that looking to the provisions of Sections 149(1) and (2) of the Motor Vehicles Act, 1988, and vehicle being admittedly insured with respondent No. 2 on the date of Accident liability to satisfy the award of Motor Accident Claims Tribunal-II at Mandi in Claim Petition No. 2 of 1993, decided on 28.12.1998, is that of respondent No. 2, i.e., Insurance Company. With a view to advance his this line of argument, Mr. Patial also pointed out that the said award dated 28.12.1998 was passed in the presence of parties. Therefore, the award is to be taken as having been passed after the parties had entered into a compromise. With a view to further buttress his submission, Mr. Patial also placed reliance on two decisions of this Court, in Puran Chand v. Shyam Lal and Ors. 2003 (2) Shim. L.C. 409, and Himachal Road Transport Corporation v. Devi Singh and Anr. III (2003) A.C.C. 480 : 2003 (1) ...
Bimla Devi and ors. Vs. Raj Kumar and ors.
Court: Himachal Pradesh
Decided on: Aug-11-2004
Reported in: III(2004)ACC415,2005ACJ2049
V.K. Gupta, C.J.1. This appeal under Section 173 of Motor Vehicles Act, 1988 at the instance of the claimants is directed against the judgment and award dated 25.6.2002 passed by the learned Motor Accidents Claims Tribunal, Kinnaur Civil Division at Rampur in M.A.C. Case No. 55 of 2001. Even though vide the aforesaid judgment, the Tribunal has allowed the claim application filed by the claimant appellants and has awarded compensation to the tune of Rs. 4,80,000 in favour of the appellant-claimants, payable by respondent No. 3, the grievance of appellants is that the aforesaid amount of compensationis on the lower side and that the same is required to be enhanced; hence this appeal.2. In the accident which occurred on 14.2.2001, the deceased Sher Singh was driving a scooter (with due care and caution) but at about 1.30 p.m., while he was approaching Nimla, jeep No. HP 01-8407 coming from the aforesaid direction knocked down the deceased Sher Singh. He fell off the highway into a nearby ...
Shyam Lal Vs. Haru Ram and ors.
Court: Himachal Pradesh
Decided on: Aug-11-2004
Reported in: 2006ACJ749
Arun Kumar Goel, J.1. This is owner's appeal against the award dated 1.7.2002, passed by the Motor Accidents Claims Tribunal, Kullu, in Claim Petition No. 49 of 2001. Learned Tribunal below while recording findings on issue No. (iv) held that driver of the vehicle was not holding a valid driving licence to have driven a mini truck, a transport vehicle, therefore, the insurance company was exonerated and appellant as well as the driver of the vehicle were held liable jointly and severally to pay compensation to the tune of Rs. 49,495, with interest at the rate of 9 per cent per annum from the date of petition, i.e., 29.3.2001 till payment. After having exonerated the insurance company, claim petition against it was dismissed.2. Dr. Lalit Sharma, in support of this appeal submitted that accepting everything to be there against his client for the sake of argument, but without admitting, still the impugned award cannot be sustained against the appellant, as according to him, vehicle being ...
United India Insurance Company Ltd. Vs. Sardari Lal and ors.
Court: Himachal Pradesh
Decided on: Aug-10-2004
Reported in: 2006ACJ943,AIR2005HP9
V.K. Gupta, C.J.1. This appeal is at the instance of the Insurer of the motor vehicle in question against the award dated 2nd August, 2003 passed by the learned Motor Accident Claims Tribunal, Una, in MAC Petition No. 83 of 1998, whereby, while allowing the claim petition filed by respondent No. 1-claimant, the Tribunal has awarded compensation to the tune of Rs. 70,000/in 'favour of the respondent No. 1-claimant and against the appellant.2. Deceased Gita Devi died as she was engaged in the thrashing of the wheat . through a Thrasher which was propelled with a tractor, which was insured with the appellant at the relevant time. The case of the claimants before the Tribunal was that after thrashing some wheat, the deceased Glta and her husband (the husband died during the pendency of the claim petition) asked respondent No. 5 Tara Chand to stop the tractor so that they may collect the wheat grain under the Thrasher, When deceased Gita Devi was in the process of collecting the wheat under...
Rajiv Jassi Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Aug-09-2004
Reported in: II(2004)DMC683
R.L. Khurana, J. 1. The appellant, Dr. Rajiv Jassi, hereinafter referred to as the accused, stands convicted by the learned Sessions Judge, Solan, in Sessions Trial No. 25-K/7 of 2000 vide judgment dated 3.12.2001 for the offence under Section 302, Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to fine of Rs. 5,000/-. In default of payment of fine, the accused has been sentenced to undergo rigorous imprisonment for a further period of six months. 2. Prosecution story, in brief, may be thus stated. The deceased Dr. Suman Lata, daughter of PW 9 Ram Kishan, was married to the accused on 25.4.1998. The deceased at the relevant time was posted as a Dental Surgeon at Civil Hospital, Chail in District Solan, while the accused was posted as a Medical Officer in the Primary Health Centre, Gharuan in District Ropar (Punjab). 3. The relationship between the deceased and the accused became estranged immediately after marriage due to the demands for dowry being made b...
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