Himachal Pradesh Court January 2005 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Bhupinder Singh Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Jan-07-2005
Reported in: I(2005)DMC831
Deepak Gupta, J. 1. This judgment shall dispose of two appeals being Criminal Appeal No. 576/2002 and Criminal Appeal No. 693/2002. Accused Bhupinder Singh, his father Baldev Singh and mother Smt. Vandana were all charged under Section 302 read with Section 34 of the Indian Penal Code (hereinafter referred to as IPC) for having committed the murder of Sonia wife of Bhupinder Singh at village Saglayana on the night intervening 11.6.2001 and 12.6.2001. In the alternative they were all charged with having harassed and maltreated deceased Sonia on account of demand of dowry and treated her with cruelty and hence committed art offence under Section 498A, IPC. Thirdly all the accused were charged with having committed an offence under Section 304B, IPC as they had treated the deceased. Sonia with cruelty on account of demand of dowry soon before her unnatural death on the night intervening 11.6.2001 and 12.6.2001.2. The learned Sessions Judge, Solan vide his judgment dated 24.7.2002 in Sessi...
Pritam Chand Vs. Himachal Road Transport Corporation and anr.
Court: Himachal Pradesh
Decided on: Jan-07-2005
Reported in: 2005ACJ1927
Deepak Gupta, J.1. This appeal hasbeen filed under Section 173 of the Motor Vehicles Act against the award of theMotor Accidents Claims Tribunal, Shimla dated 8.9.1997 dismissing the claim petition filed by the appellant.2. The facts necessary for disposal ofthe petition are that one Pritam Singh wasthe driver of jeep No. HIM 537 owned bythe Himachal Road Transport Corporation,hereinafter referred to as the H.R.T.C. Hehad gone on official duty with Kanshi RamVerma, Chief Inspector of the H.R.T.C.According to the version of the respondentas stated by Kanshi Ram Verma, they hadreturned from tour on 26.3.1995 at 9.45p.m. He had instructed the driver PritamSingh to park the vehicle at the Main BusStand and to get the same repaired nextday at Tara Devi Workshop. The driverPritam Singh, admittedly, was residing atJunga which is about 25 km. away fromShimla. This witness also admitted that atthe relevant time no bus left for Junga after6-7 p.m. in the evening. Pritam Singh tookthe jeep toward...
Ved Parkash Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Jan-07-2005
Reported in: 2005CriLJ2638
M.R. Verma, J.1. This appeal has been preferred by the appellant accused thereafter referred to as 'the accused') against the judgment dated 22-9-2004 convicting him under Section 376 of the Indian Penal Code and the order dated 24-9-2004 whereby he has been sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 10,000/- and in default of payment of fine to undergo rigorous imprisonment for one year.2. Case of the prosecution in brief is that the prosecutrix (PW-1) wife of Madan Lal (PW-2) was present in her house along with her children on 15-8-2000 and PW-2 had gone to Keylong. PW-1 usually remained ill. At about 8.45 p.m. the accused went to her house. He was offered tea and food. He disclosed that he had brought Dhuni for the treatment of the prosecutrix and the prosecutrix was to be treated in a lonely place. The children of the prosecutrix were then sent to another room. The accused bolted the door of the room where he and the prosecutrix were, caught...
Chamaru Ram Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Jan-07-2005
Reported in: 2005CriLJ1943
K.C. Sood, J.1. This appeal is directed against the judgment of the learned Additional Sessions Judge, Mandi, dated 26th September, 2003, whereby the appellant Chamaru Ram, hereinafter referred to as the 'accused', has been convicted for an offence punishable under Section 376 of the Indian Penal Code. The accused is sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 10,000/-. In case of default in the payment of fine, he is to undergo simple imprisonment for one month.2. Prosecution case 'S' (P.W. 1) was more than seventeen years of age at the relevant time. She is mentally retarded. On 11th September, 2002 at about 12 Noon she was going back to her house, after having plucked a pumpkin from the fields, accused accosted her. He snatched the pumpkin from her hands and threw it on the ground. He took her behind the house, forced her on the ground, broke the string of the salwar and subjected her to forcible sexual intercourse. She bleed, however, she wash...
State of Himachal Pradesh and anr. Vs. Satya Devi and ors.
Court: Himachal Pradesh
Decided on: Jan-07-2005
Reported in: 2005ACJ1493,(2005)IIILLJ268HP
Arun Kumar Goel, J.1. This appeal is directed against the judgment/order dated 1.4.2003, passed by Sub Divisional Magistrate, exercising the powers of Commissioner under Workmen's Compensation Act, 1923, at Baijnath, District Kangra, H.P. By means of impugned judgment in Case No. 7 of 2001, titled Satya Devi v. Secretary, H.P. P.W.D., compensation in the total sum of Rs. 5,14,051 has been awarded in favour of the respondents and against the appellants.2. Notice of this appeal was ordered to be issued on 27.10.2004, after the delay in filing the same was condoned in the following terms:'Substantial question of law at page 5A needs determination in this appeal. Accordingly, notice is ordered to be issued to respondents to show-cause why this appeal be not heard and if possible, disposed of finally at the admission stage. Notice will be collected by the office of the learned Advocate General from the Registry in the week commencing 15.11.2004 for an actual date in the month of December, 2...
Vidhi Singh Supehia and anr. Vs. H.P. Financial Corporation and anr.
Court: Himachal Pradesh
Decided on: Jan-07-2005
Reported in: (2005)IILLJ1099HP
Arun Kumar Goel, J.1. Petitioners have filed this writ petition for the grant of following reliefs: -(i) That this Hon'ble Court may kindly be pleased to call for the record of this case and pass appropriate orders in the facts and circumstances of the matter and issue appropriate directions.(ii) That the impugned Annexure P/5 and P/6 passed with a mala fide intention, being discriminatory, and passed against the basic provisions of law may kindly be quashed and set aside.(iii) That the respondents be directed to re-engage the petitioners back into service as a Chowkidar, as per their seniority and on the available work.(iv) That the respondents be directed to count the seniority of the petitioners from the date of their initial appointment i.e. July 24, 1990 and February 1, 1991 respectively.(v) That the respondents be directed to pay to the petitioners all arrears of wages w.e.f. May 28, 1998 on which date the learned Labour Court directed the respondents to re-engage the petitioners...
National Insurance Co. Ltd. Vs. Saveri Devi and ors.
Court: Himachal Pradesh
Decided on: Jan-07-2005
Reported in: II(2005)ACC652,2005ACJ1789
V.K. Gupta, C.J.1. By this common judgment F.A.O. No. 504 of 2002 and F.A.O. No. 452 of 2003, treating the same as on day's list with the consent of learned Counsel for the parties are being disposed of together.2. In F.A.O. No. 504 of 2002 the appellant National Insurance Co. Ltd. has challenged the award dated 5.8.2002 passed in M.A.C. Petition No. 28-B of 2000 by learned Motor Accidents Claims Tribunal (3), Kangra at Dharamshala on various grounds. In F.A.O. No. 452 of 2003 the claimants have come up in appeal against the aforesaid award only to the extent that the compensation amount awarded is on the lower side and that it deserves to be enhanced appropriately.3. Insofar as F.A.O. No. 504 of 2002 is concerned, after hearing the learned Counsel for the parties, I find that none of the defences available to an insurer in terms of Section 149 (2) of the Motor Vehicles Act, 1988 arise or come up for consideration or adjudication in this appeal because the impugned award has been assai...
Leela Devi and anr. Vs. Narinder Pal Singh and ors.
Court: Himachal Pradesh
Decided on: Jan-07-2005
Reported in: 2006ACJ2637
Deepak Gupta, J.1. This appeal has been filed by the parents of the deceased, Ganesh Kumar, who died in an accident on 10.3.1992. Deceased was on his bicycle when he was hit by scooter No. CH 01-B 4255. He succumbed to the injuries sustained by him in the accident. Thereafter a claim petition was filed by appellants for grant of compensation. The Tribunal has come to the conclusion that the just and equitable compensation payable is only Rs. 29,000, but has awarded Rs. 50,000, i.e., the minimum amount which can be awarded as no fault liability under Section 140 of the Motor Vehicles Act.2. Learned Counsel for the appellants has vehemently contended that the amount of compensation granted was extremely meagre and the Tribunal has not taken into consideration the future earning prospects of the deceased. The appellants submit that the compensation should be awarded in consonance with the judgments of Apex Court in Lata Wadhwa v. State of Bihar : (2001)IILLJ1559SC and M.S. Grewal v. Deep ...
Budhi Ram Alias Bidhi Chand and ors. Etc. Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Jan-04-2005
Reported in: AIR2006HP16
Arun Kumar Goel, J. 1. Heard learned Counsel for the parties and with their assistance record of the cases has also been examined.2. Since identical questions of law and fact are involved in both these cases, as such these petitions were heard together and are being disposed of by this common judgment.3. It is admitted case of the respondents that with a view to lay a wide net work of link roads connecting villages with the highways, Pradhan Mantri Gramin Sadak Yojana was started in the year 2000 by the Government of India. What is its effect on these two cases, will be noted hereinafter.4. In both cases petitioners claim that while constructing Kuthera-Chalokhar to Patlandar and Banal via Ree Road in the year 1993, their lands were taken over. Over such lands part of the aforesaid road has been constructed there from. On a question of fact, learned Counsel for the parties were not at variance that no compensation for the lands of the petitioners was paid to them.5. In this background,...
Ram Ashari and ors. Vs. Himachal Road Trans. Corpn. and anr.
Court: Himachal Pradesh
Decided on: Jan-04-2005
Reported in: IV(2005)ACC379,2006ACJ2433
Deepak Gupta, J.1. This appeal had originally been filed by claimant Karam Chand for enhancement of compensation.2. The appellant was injured in the accident. He has died during the pendency ofthis appeal. His legal representatives were brought on record.3. The main question which arises is whether an appeal which was filed by the injured-claimant for personal injuries suffered by him can be continued by his legal representatives.4. Mr. Ajay Sharma, learned Counsel for the appellants contended that cause of action survives to legal heirs and as such they are entitled to prosecute the claim.5. On the other hand, Mr. Rakesh Jaiswal, the learned Counsel appearing for the respondent Corporation has stated that cases of personal injury not resulting in death of the injured give rise only to personal action in which heirs of such person are not entitled to continue with the case. The right of injured person to claim damages is personal to him under the principle of actio personalis moritur c...
- ‹ Prev
- Next ›