Himachal Pradesh Court December 2005 Judgments
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Ms. Manisha and anr. Vs. Partap Singh and anr.
Court: Himachal Pradesh
Decided on: Dec-08-2005
Reported in: [2006(109)FLR1118],2006(1)ShimLC148
Deepak Gupta, J.1. This appeal under Section 30 of the Workmen's Compensation Act (for short the Act) is directed against the order of the Workmen's Compensation Commissioner, Paonta Sahib, District Sirmour, (hereinafter referred to as the Commissioner), dated 26.3.2001 in case No. 15 of 1995 whereby he has dismissed the claim petition filed by the claimants.2. The claimants, who are the widow, minor daughter and parents of deceased Raju, filed a claim petition claiming compensation under the Act. According to them the deceased was employed with respondent Pratap Singh and Mohinder Singh for breaking of stones in their mines. It is further the case of the appellant that on 9.8.1995 at about 8.30 a.m. a huge stone fell down and hit the head of the petitioner while he was working in the mines. He received a head injury and was immediately taken to the Primary Health Center, Kamrau. The doctor at the P.H.C. referred him to the Civil Hospital at Paonta Sahib. While he was being taken to Pa...
Minunno Vancenzo Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Dec-08-2005
Reported in: 2006CriLJ2339,2006(1)ShimLC279
Abhilasha Kumari, J.1. This appeal is directed against the judgment dated 4th March, 2003 passed by the learned Sessions Judge, Kullu (Special Judge) whereby the appellant (hereinafter referred to as 'the accused') has been convicted under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereafter referred to as 'the Act') and has been sentenced to undergo rigorous imprisonment for ten years and pay a fine of Rupees one lac and in default of payment of fine to further undergo imprisonment for one year.2. The case set out by the prosecution against the accused is that on 24.2.2002 Inspector Shiv Chaudhary (PW-7) accompanied by ASI Kanshi Ram, HHC Shyam Lal (PW-6) and Constable Dalip Singh were present at Check Post, Bajaura for the purpose of checking the traffic. A bus bearing No. HP-01-1722 of 'Satluj Travels' reached the said barrier at 5.30 P.M. This bus was stopped for checking and while checking the bus, the accused, who is stated to be an Italian National, wa...
H.R.T.C. Vs. Rajesh Kumar and ors.
Court: Himachal Pradesh
Decided on: Dec-07-2005
Reported in: 2006(1)ShimLC123
Deepak Gupta, J.1. This appeal by the H.R.T.C. is directed against the award passed by the learned Motor Accident Claims Tribunal-II, Kangra at Dharamsala in M.A.C.P. No. 44-G/99, decided on 29.8.2001, whereby an award of Rs. 1,02,900/- alongwith interest and costs has been passed against the appellant and in favour of the claimants.2. The admitted facts are that claimant Rajesh Kumar was travelling on the roof of bus No. HP-07-2884 belonging to the appellant. When he was travelling on the roof, he was hit by a branch of tree and damaged eye. He accordingly claimed compensation. The case set up by the claimant is that in fact it was the conductor of the bus who had asked him to travel on the roof. However, this fact is denied by the appellant and according to the appellant the conductor had not asked any person to travel on the roof of the bus. The learned Tribunal held that the accident had occurred due to the rash and negligent driving of the driver of the bus and awarded compensatio...
H.R.T.C. Vs. Inder Singh
Court: Himachal Pradesh
Decided on: Dec-05-2005
Reported in: 2006(1)ShimLC126
Deepak Gupta, J.1. This appeal by the appellant - HRTC is directed against the award of the Motor Accident Claims Tribunal (2), Shimla in MAC Case No. 74-S/2 of 1997 decided on 1.8.2000 whereby he has awarded compensation of Rs. 2,87,000/- in favour of the claimant.2. The claimant has also filed cross-objections and the delay in filing the cross-objections has been condoned vide separate order dated 25.11.2005. Both, the appeal and the cross-objections are now being disposed of by this judgment.3. The brief facts necessary for decision of the case are that a claim petition filed by claimant Inder Singh alleging that he met with an accident while he was travelling in bus number HP07-1849 on 18.11.1996. According to the claimant, he is unable to do any work after the accident and is virtually bed ridden.4. The HRTC contested the claim petition and one of the pleas taken was that the driver had unauthorisedly taken the bus. The learned Tribunal has passed the award as aforesaid in favour ...
Mohan MeakIn Limited Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Dec-05-2005
Reported in: 2006(1)ShimLC143
V.K. Jhanji, J.1. We dispose of both the writ petitions by this common judgment as identical question of facts and law are involved in these petitions. For the purpose of the decision facts are being taken from CWP No. 2 of 1998.2. The petitioner is aggrieved by orders dated 21st September, 1996 and 12th September, 1996 passed by the Collector (Excise) (South Zone) Shimla. The petitioner is also aggrieved by the order of the Excise and Taxation Commissioner-cum-Financial Commissioner (Excise), Himachal Pradesh, dated 12th August, 1997 passed in appeal against orders dated 21st September, 1996 and 12th September, 1996.3. In brief, facts are that the petitioner company has a Distillery at Kasauli, in District Solan and is holding a licence in Form D-2 granted under Section 21 of the Public Excise Act, 1914 as is applicable to the State of Himachal Pradesh (hereinafter referred to as 'the Act'). The bottling plant from where Indian Made Foreign Spirit from Malt Spirit is manufactured and ...
Raman Kumar Vs. Smt. Uma Kiran
Court: Himachal Pradesh
Decided on: Dec-05-2005
Reported in: AIR2006HP63
Deepak Gupta, J.1. Mr. Tara Singh Chauhan learned Counsel for the husband submits that Rs. 15.000/- has been deposited in terms of the order dated 24-10-2005.2. Learned Counsel for the parties have agreed that Instead of formulry admitting the matter, it may be heard and decided at this stage Itself.3. The present appeal has been filed by the appellant-husband. The wife-respondent filed a petition for grant of divorce before the trial Court on the ground that her husband is treating her with cruelty and also deserted her. This petition was allowed after striking off the defence of the husband on account of non-payment of arrears of alimony.4. During the pendency of the proceedings, the respondent-wife also filed an application for grant of interim maintenance which was allowed vide order dated 21-9-2004 and maintenance of Rs. 800/- per month along with litigation expenses amounting to Rs. 2000/- was awarded in favour of the wife. Thereafter the case was fixed for 13-4-2005 for evidence...
Sita Devi and ors. Vs. Dharambir and ors.
Court: Himachal Pradesh
Decided on: Dec-02-2005
Reported in: 2006ACJ2852
Deepak Gupta, J.1. This appeal under Section 173 of Motor Vehicles Act (hereinafter referred to as 'the Act') is directed against the award of the learned Motor Accidents Claims Tribunal, Kullu (for short 'the Tribunal') in Claim Petition No. 56 of 2000, decided on 1.3.2002 whereby he has dismissed the claim petition filed by the claimants.2. The claimants are the widow, minor children and mother of late Shayam Lai. They filed a claim petition under Section 166 of Motor Vehicles Act. In this claim petition it was alleged that on 31.12.1998 Shayam Lal was engaged as a helper by Gian Chand, respondent No. 4, for cutting and carriage of timber in tractor-trolley bearing No. HP-34 1051. It is alleged that the said tractor-trolley was hired by respondent No. 4 from its owner, respondent No. 1 and that Sunil Kumar, respondent No. 2, was the driver of the said tractor. It was further alleged that the respondent No. 2 in a rash and negligent manner suddenly applied the brakes as a result of wh...
Sonu Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Dec-02-2005
Reported in: 2006(3)ShimLC240
Surjit Singh, J.1. Appellant Sonu has preferred this appeal against the judgment, dated 15.7.2005, of the learned Additional Sessions Judge, whereby he has been convicted of an offence, under Section 20(B) of the Narcotic Drugs & Psychotropic Substances Act, 1985 and sentenced to undergo rigorous imprisonment for a period of four years and to pay fine of Rs. 30,000/- and in default of payment of fine, to undergo simple imprisonment for a further period of one year.2. A report under Section 173 of the Code of Criminal Procedure was filed against the appellant, alleging that on 16.2.2003 around 2.00 p.m., when H.C. Palam Singh (PW-7) was present near a place called Chanju Nullah, the appellant appeared with a rucksack (Pithu) on his back and on seeing the police, tried to run away. He was over-powered. The conduct of the appellant aroused suspicion of the said Head Constable and the constables, accompanying him. The Head Constable told the appellant that it was suspected that he was carr...
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