Himachal Pradesh Court December 2005 Judgments
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Supreme Court Young Lawyers Association and anr. Vs. Union of India (U ...
Court: Himachal Pradesh
Decided on: Dec-30-2005
Reported in: 2006(1)ShimLC338
Surjit Singh, J.1. The present writ petition, which is in the nature of public interest litigation, has been filed seeking the issuance of the following directions/mandates to the respondents:(i) That this Hon'ble Court may direct the respondents to produce the entire record of the present case for the perusal of this Hon'ble Court.(ii) That issue a writ of Mandamus or any other appropriate writ / order directing the respondent No. 2 to conduct further investigation/probe /enquiry in the light of fresh evidence coming to light vide enquiry reports dated 15.5.2002 and 18.12.2002 or in the alternate constitute a multi disciplinary Special Investigation Team consisting of officers of CBI, experts in Revenue Laws, officers of Union Home Ministry and trained prosecutors for proper investigation of the entire scam.(iii) That issue a writ of Mandamus directing the respondents No. 1 and 3 to initiate appropriate civil remedies against respondent No. 5 for recovery of losses to State exchequer ...
Oriental Insurance Co. Ltd. Vs. Mahaswari and ors.
Court: Himachal Pradesh
Decided on: Dec-28-2005
Reported in: 2006ACJ2511
Deepak Gupta, J.1. This judgment shall dispose of 15 appeals being F.A.O. Nos. 202 to 213 and 233 to 235 of 2003 as they arise out of the same accident and similar awards.2. The brief facts of the case are that an accident of truck No. HP-14 5116 took place on 30.12.1999 near Devimore, Tehsil Theog, District Shimla, H.P. In this accident 18 labourers died, some were injured and the driver and cleaner of the truck also died. Claim petitions were filed by the claimants who are the heirs of the labourers travelling in the truck in question. The averments made in the claim petitions are virtually identical and it is stated that deceased were employees of Jyoti Structures and were skilled labourers. It is also stated that they were travelling in the truck and not a word is stated as to in what capacity they were travelling in the said truck. The owner filed reply stating that the truck was hired by Jyoti Structures and the truck was loaded with materials and thereafter the labourers also bo...
State of Himachal Pradesh Vs. Kamal Kishore @ Billa
Court: Himachal Pradesh
Decided on: Dec-28-2005
Reported in: 2006(3)ShimLC200
Abhilasha Kumari, J.1. The State of Himachal Pradesh (hereafter referred to as 'the appellant') has filed the present appeal, being aggrieved by the impugned judgment passed by the learned Judicial Magistrate 1st Class, Nurpur, District Kangra, dated 8.1.1998, whereby accused Kamal Kishore @ Billa (hereinafter referred to as 'the respondent') has been acquitted of an offence under Section 354 of the Indian Penal Code.2. Briefly stated, the prosecution case is that on 30.4.1994, complainant Veena Kumari lodged a report in Police Station, Nurpur, alleging that on 23.4.1994 in the evening at 6 p.m. she was allegedly sitting in the shop of her husband at Raja Ka Talab. At the relevant point of time her husband, who was RMP doctor, was away from the shop in order to see a patient. In the meantime, the respondent, who was a resident of Raja Ka Talab, passed-by and started making gestures to the complainant from outside the shop in order to call her. However, the complainant did not respond. ...
Ramesh Kumar and Bhinder Singh Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Dec-26-2005
Reported in: 2006(3)ShimLC228
Abhilasha Kumari, J.1. Both these appeals arise out of the common judgment of the learned Additional Sessions Judge, Mandi dated 29.11.2003 in Sessions Trial No. 16 of 2002. Both the appellants (hereinafter referred to as the 'accused persons') have filed separate appeals against the impugned judgment which are being taken up together for hearing and are being disposed of by a common judgment.2. The accused persons were charged and faced trial for having committed an offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') as they had allegedly been found to be in conscious and exclusive possession of 3 Kgs. of 'Charas'. They have been convicted under Section 20 of the Act and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lac in default of which to further undergo simple imprisonment for one month.3. Aggrieved by the said conviction and sentence, the accused persons have filed the pr...
Mukesh Thakur Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Dec-26-2005
Reported in: 2006(1)ShimLC134
Deepak Gupta, J.1. The Himachal Pradesh Judicial Service is constituted under the H.P. Judicial Service Rules, 2004 (hereinafter referred to as the Rules). As per Rule 5 of the these Rules, the Civil Judges (Junior Division) are to be appointed on the basis of a competitive examination as well as viva-voce test to be conducted by respondent No. 2-H.P. Public Service Commission (hereinafter referred to as the Respondent No. 2).2. The respondent No. 2 issued an advertisement inviting applications for filling up 13 vacancies of Civil Judges (Junior Division). The petitioner applied for the said post. The written test was conducted and only five candidates cleared the written test. The petitioner did not clear the written test and was not called for the interview. Thereafter the result of the examination was conveyed by respondent No. 2 to the petitioner. According to this result, he secured a total of 505 marks out of 1100. He had cleared all the subjects except the paper of Civil Law-II ...
Kotla Cooperative Society Vs. Mohinder Arun and ors.
Court: Himachal Pradesh
Decided on: Dec-26-2005
Reported in: I(2007)ACC323,2006ACJ2426
Deepak Gupta, J.1. This judgment shall dispose of 9 appeals as they arise out of the same accident. Eight appeals of award dated 15.1.2002 and one appeal out of award dated 22.7.2003. The same point is involved in all the appeals.2. Briefly stated the facts necessary for decision of the case are that truck No. HP- 51 0923 was admittedly owned by Kotla Cooperative Society, Thachi. This truck was being driven by one Hem Chand. The victims (injured and deceased) were travelling in the truck which was involved in the accident. The claimants filed the claim petitions claiming compensation. In these claim petitions there was no averment made as to in which capacity the victims were travelling in the truck.3. F.A.O. Nos. 161 and 364 of 2002 arise out of Claim Petition No. 12-S/2 of arise out 1998 filed by Mohinder Arun. In this claim petition, the injured-claimant was a student of B.A. Part I and was studying in a college at Shimla. The accident took place near Thachi. In the claim petition, ...
Manmohan Singh Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Dec-26-2005
Reported in: 2006(3)ShimLC254
Abhilasha Kumari, J.1. Manmohan Singh appellant (hereinafter referred to as 'the accused') has filed this appeal against the judgment and order of conviction and sentence dated 30.7.2003 passed by learned Additional Sessions Judge, Mandi in Sessions Trial No. 31 of 2001 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS' Act). He was sentenced to undergo simple imprisonment for 10 years and to pay a fine of Rs. 1,00,000/- (rupees one lac) failing which, he was to suffer simple imprisonment for two months.2. The prosecution case is that on 6.4.2001 PW-12 Ashish Sharma Inspector/SHO, Police Station, Sadar Mandi alongwith PW-7 Sub-Inspector Brijesh Sood, ASI Ram Karan, ASI Raghubir Singh, Head Constable Kesar Singh, constable Surjay Chand and constable Jawala Ram was on routine patrol duty in the Seri Bazar Mandi. PW Ashish Sharma Inspector received a secret information at about 6.40 p.m. that Tourist bus bearing registration No. 1-1881 of Savagt...
State of Himachal Pradesh Vs. Bimla Devi Alias Bhago Devi
Court: Himachal Pradesh
Decided on: Dec-23-2005
Reported in: 2006CriLJ2050
Abhilasha Kumari, J.1. The present appeal has been filed by the State of Himachal Pradesh (hereafter referred to as 'the appellant'), having been aggrieved by the judgment of learned Additional Chief Judicial Magistrate, Ghurnarwin, District Bilaspur, in Case No. 24/1 of 1996, decided on 30-3-1999, whereby accused Bimla Devi alias Bhago Devi (hereafter referred to as 'the respondent') has been acquitted of the offence under Section 325 of the Indian Penal Code.2. Briefly stated, the case of the prosecution is that on 4-1-1995 at about 4 p.m. at village Hambot, respondent Bimla Devi caused grievous hurt to Janki Devi (P.W. 2), The matter was reported to the police by Panchhi Ram, complainant, who is the husband of Janki Devi (P.W. 2), on the basis of which FIR Ex. P.W. 5/A was registered against the respondent. Janki Devi (P.W. 2) was got medically examined vide MLC Ex. P.W. 6/A. The investigation was conducted and the police visited the spot and prepared the site plan Ex. P.W. 8/A. Aft...
Puran Dutt Vs. Himachal Road Transport Corporation
Court: Himachal Pradesh
Decided on: Dec-23-2005
Reported in: II(2007)ACC770,2007ACJ74,2006(3)ShimLC222
Deepak Gupta, J.1. This is an appeal by the workman under Section 30 of Workmen 's Compensation Act. The appeal has been admitted on the following substantial questions of law:(1) Whether the learned Commissioner is right in assessing the compensation by taking disability at 30 per cent despite holding that the loss of earning capacity is to the extent of 100 per cent by misconstruing the provisions of Section 4 of the Workmen's Compensation Act, 1923?(2) Whether the learned Commissioner is right in not awarding 50 per cent penalty as envisaged under Section 4-A of the Workmen's Compensation Act?(3) Whether the learned Commissioner is right in not taking into consideration the law laid down by this Hon'ble court in Himachal Pradesh State Forest Corporation Ltd. v. Sheesh Ram ?(4) Whether the learned Commissioner erred in law in ordering the deduction of ex gratia payment?2. The brief facts necessary for the decision of the case are that the appellant Puran Dutt was working as a driver ...
United India Insurance Co. Ltd. Vs. Shiv Ram and ors.
Court: Himachal Pradesh
Decided on: Dec-23-2005
Reported in: I(2007)ACC244,2007ACJ32
Deepak Gupta, J.1. This appeal under Section 173 of the Motor Vehicles Act by the Insurance Company has been filed against the award of the Motor Accident Claims Tribunal, Kullu, in M.A.C. Petition No. 14 of 2000 decided on 10th May, 2002 whereby he has awarded a sum of Rs. 1,42,000 as compensation.2. The claimants are the husband, sons and daughters of Smt. Lali. She was travelling in Bus No. HP-34-6525 belonging to Kullu Transport Company. The bus was driven by Tek Chand and was insured with the appellant Insurance Company. According to the claimants the bus was being driven rashly and negligently and one stone fell on the road from the hill side and the bus driver suddenly applied the brakes and due to the jerk Lali struck against the iron rod placed on the seat in front of her and suffered injuries on the side of her breast. She was brought to hospital where she died.3. The respondents in their reply stated that in fact a huge boulder rolled down towards the road from the hill side...
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