Himachal Pradesh Court April 2005 Judgments
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New Laxmi Stone Crusher and anr. and Vs. Punjab National Bank and anr.
Court: Himachal Pradesh
Decided on: Apr-27-2005
Reported in: [2005]127CompCas214(HP),(2005)6CompLJ444(HP),[2006]66SCL397(HP)
K.C. Sood, J.1. We dispose of these two writ petitions by this common judgment, as they are based upon similar facts and raise common question of law.2. The petitioners are the borrowers, having raised term loan/cash credit facility from the respondent--Punjab National Bank, from its branch at Damtal of District Kangra. The petitioners defaulted in the payment of the dues towards the respondent-bank and for this reason their accounts were classified as 'non performing asset' in accordance with the guidelines of the Reserve Bank of India. A recall notice (annexure R1) was issued to the petitioners for the entire outstanding dues together with interest and other charges. By a letter dated November 7, 2003 (annexure R2), guarantee furnished by the petitioners was invoked and the petitioners were asked to pay the due amount with further interest at the agreed rate within 30 days of the receipt of the notice, failing which, the petitioners were put to notice, bank would take such legal step...
Telecom (General Manager) Vs. Vidya Devi and ors.
Court: Himachal Pradesh
Decided on: Apr-27-2005
Reported in: II(2006)ACC65,[2005(107)FLR686]
Deepak Gupta, J.1. This is an appeal under Section 30 of the Workmen's Compensation Act filed against the award of the Commissioner, Workmen's Compensation, Shimla whereby he has awarded a compensation of Rs. 2,90,950 along with penalty of Rs. 1,09,975 and interest at the rate of 12% per annum.2. The facts which are not in dispute are that, deceased Rajinder Kumar was employed as a driver with the present appellant. It is also not denied that he died while on duty as the vehicle which he was driving met with an accident. It is in the context of these admitted facts that the contention raised by the appellant has to be considered.3. At the time when the appeal was admitted, no substantial question of law was formulated. At the time of hearing of the appeal I have asked the learned Counsel for the appellant to point out what are the substantial questions of law which arise in the appeal. After considering his submissions, I find that the only substantial questions of law which arise in t...
Zatiun Begum Vs. Secretary Forests and ors.
Court: Himachal Pradesh
Decided on: Apr-27-2005
Reported in: 3(2005)ACC877
Deepak Gupta, J.1. This appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as the Act) has been filed against the order of the Commissioner, Workmen's Compensation, Chamba in Case No. 12/VIII/92 decided on 20.3.1996 dismissing the application for grant of compensation filed by the present appellant.2. When the appeal was admitted on 15.11.1996 no substantial question of law was framed. Even with the grounds of appeal no substantial questions of law have been mentioned. Therefore, the following substantial questions of law are framed at the time of hearing of the appeal:(1) Whether there is a custom of adoption prevalent amongst the Muslims of the area to which the claimant belongs?(2) Whether the claimant is adopted daughter of deceased Ghulam Mohammad and entitled to compensation?(3) The facts necessary for decision of this case are that one Ghulam Mohammad Ghulama was employed with the Forest Department as daily-rated worker. On 16.8.1991, while ...
HussaIn Khan Vs. Union of India (Uoi) and ors.
Court: Himachal Pradesh
Decided on: Apr-21-2005
Reported in: [2005(107)FLR690]
Arun Kumar Goel, J.1. Petitioner has filed this writ petition for being appointed on compassionate ground after the death of his father.Facts as they emerge from the pleadings of the parties are, that father of petitioner Deen Mohammad was working as Senior Attendant with respondent No. 3. At the relevant point of time he was posted at Moga. He died on 21.9.2000 due to carcinoma right main bronchus. Thereafter, on 4.1.2001, petitioner submitted an .application vide Annexure P-9, to respondent No. 3 for being appointed on compassionate ground.2. When employment was not provided to the petitioner, a legal notice was sent on behalf of the petitioner on 24.4.2001. When needful was not done by respondent No. 3, petitioner has filed the present writ petition.3. Respondents No. 2 and 3 when put to notice have contested and resisted the claim of the petitioner. Their stand is that respondent is governed by memorandum of agreement between the Management of the Corporation and the National Bipar...
Oriental Insurance Co. Ltd. Vs. Vidya Devi and ors.
Court: Himachal Pradesh
Decided on: Apr-11-2005
Reported in: 2006ACJ723
Deepak Gupta, J.1. Ved Prakash, a boy aged 19 years who was a student of class X was riding his bicycle on 29.4.1992. At about 8 a.m. he reached bus stand, Pandoh. A Maruti van No. HPY 1334 was parked on the left side of the road. While Ved Prakash was passing by the side of the van, the driver of this van, respondent No. 6, suddenly opened the door of the van and hit the deceased. Due to this impact the cyclist swerved towards right side and he was knocked down by the oil tanker No. HPA 6489 which was coming from the opposite side. Ved Prakash suffered serious injuries. He was firstly taken to the District Hospital, Mandi and then referred to the PGI, Chandigarh. He succumbed to his injuries on 30.4.1992.2. The claimants, respondent Nos. 1 and 2, parents of Ved Prakash deceased filed a claim petition for grant of compensation under Section 166 of the Motor Vehicles Act, 1988. Both the vehicles were insured with Oriental Insurance Co. Ltd. The driver of the oil tanker, respondent No. 4...
Harjinder Singh @ Goldi Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Apr-08-2005
Reported in: II(2005)DMC478
K.C. Sood, J.1. This appeal is directed against the judgment recorded by learned Sessions Judge, Chamba Division, Chamba dated September 21, 2002 whereby the appellant Harjinder Singh, hereinafter referred to as 'the accused', has been convicted for an offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer simple imprisonment for life and fine of Rs. 10,000/-. In case of default in the payment of fine, the accused is to suffer further simple imprisonment for one year.The prosecution case:2. Shivdeep Kaur (hereinafter referred to as the 'deceased'), daughter of Buta Singh was married to Harjinder Singh @ Goldi (hereinafter referred to as the 'accused') in the year 1999. Accused was not gainfully employed. At the relevant time, deceased was living in her matrimonial home in Canadian Colony, Khairi in the District of Chamba with her in-laws. Accused used to quarrel with his wife. Her parental house was also in Canadian Colony at Khairi but accused would not ...
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