Himachal Pradesh Court September 2005 Judgments
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Prem Chand Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Sep-28-2005
Reported in: 2006CriLJ1821
K.C. Sood, J.1. Appellant Prem Chand, hereinafter referred to as the 'accused', has been convicted by the learned Sessions Judge, Kullu for an offence punishable under Section 20 of the Narcotics Drugs and Psychotropic Substances Act, 1985 ('Drugs Act' for short.) and sentenced to suffer rigorous imprisonment for one year and to pay a fine of rupees 15.000/-. In case of default in the payment of fine, he is to undergo imprisonment for a period of two months.2. Aggrieved, the accused is in this appeal under Section 36B of the Drugs Act read with Section 374(2) of the Code of Criminal Procedure.The prosecution case:3. On the evening of May 4, 2004, Assistant Sub Inspector Bhim Sen (PW3) along with other Police Officials, including Head Constable Ran Swaroop (PW1), Constable Om Parkash (PW2) and Constable Sanjay Kumar was on routine patrol. When the Police party was near village Fozal Prar, the accused was spotted coming from Prari village carrying a plastic bag in his right hand. On seei...
Akshit Kumar Vs. Balbir Singh and ors.
Court: Himachal Pradesh
Decided on: Sep-28-2005
Reported in: III(2006)ACC40,2006ACJ2107
Deepak Gupta, J.1. This judgment shall dispose of three appeals being F. A.O. Nos. 248, 263 and 264 of 2001 and the cross-objections filed therein.2. The unfortunate claimant in all the 3 cases is a young boy Akshit Kumar who was 11 years old at the time of accident. On 10.11.1998 Akshit Kumar along with his parents Anand Kishore and Shashi Bala and elder brother Abhishek, aged about 14 years, was traveling in a Maruti car No. PB-BE 0122 on Nangal-Anandpur Sahib Road. When the car reached near the village Ajoli, tanker No. HR 02-GA 0165 was going ahead of them. The driver of the tanker gave a signal to the deceased Anand Kishore to overtake the tanker. When the car was overtaking the tanker, the driver of the said tanker did not slow down the vehicle as was expected of him. Truck No. HR-38 9494 was coming from the opposite side. Truck hit the car and the tanker also hit the car. The car was dragged to some distance. Akshit's mother, Shashi Bala died on the spot. His father, Anand Kisho...
United India Insurance Co. Ltd. Vs. Gurbax Singh and ors.
Court: Himachal Pradesh
Decided on: Sep-28-2005
Reported in: III(2006)ACC411,2007ACJ21
Deepak Gupta, J.1. This judgment shall dispose of two appeals being F.A.O. Nos. 240 and 241 of 2001 as they arise out of a common award and the same accident.2. The facts necessary for the decision of the case are that on 4.6.1998 a band party was being carried in a Tempo bearing registration No. HP-06 1303. This Tempo met with an accident resulting in the death of some members of the band party and injury to some others. Two claim petitions were filed. One was filed by Mohammad Latif, who was a member of the band party and was injured in the accident and the other was filed by the parents of Dev Raj, who died in the accident. In the claim petition, it was stated that the deceased and the injured were members of the band party and were made to board the said Tempo for their journey to Talmehra.3. The defence of the owner and driver was that the members of the band party were sitting in Tempo in pursuance of the contract of employment along with their goods and were going to Kullu when ...
Ravinder Singh Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Sep-26-2005
Reported in: 2006(3)ShimLC186
K.C. Sood, J.1. Under Challenge, in these two petitions, are the Awards made by the Presiding Judge, H.P. Labour Court, Shimla, dated 4th December, 1999 in Reference No. 120 of 1997 and application No. 7 of 1997.THE BACKGROUND:2. The petitioner was employed as Beldar on daily rated basis by the District Horticultural Officer, Bilaspur (HP) on 3rd September, 1980. He filed a petition in this Court (CWP No. 139 of 1988), [Ravinder Singh v. The State of Himachal Pradesh and Anr.], claiming that though he was employed as Beldar but actual work taken from him was that of a clerk and not manual. It was his case that he discharged the duties and responsibilities as a Clerk till 5th August, 1987. He claimed wages, payable to a daily rated clerk, in view of the duties and responsibilities performed by him, for the period from 3rd September, 1980 to 5th August, 1987 based on the doctrine of 'Equal Pay for Equal Work'.A Division Bench of this Court by its Judgment 11th July, 1988 (Annexure P-l) o...
Secretary, H.P.S.E.B. and anr. Vs. Richard and ors.
Court: Himachal Pradesh
Decided on: Sep-23-2005
Reported in: 2007ACJ341,AIR2006HP37
Deepak Gupta, J.1. A claim petition under Section 166 of the Motor Vehicles Act for grant of compensation was filed by the husband and minor children of deceased Kamla Verma alleging that the deceased who was an employee in the H.P. State Electricity Board (hereinafter referred to as 'the Board') had to work after 5.00 p.m. Therefore, at about 6.30 p.m. she was permitted to take the official vehicle to go home. This vehicle met with an accident due to the rash & negligent driving of the driver resulting in her death.2. On the other hand, the version of the driver is that he in fact along with the vehicle was at Bhata Kuffer on 29-10-1998. According to the driver he had received a telephonic call at the shop of one Mast Ram from Kamla Verma. Mast Ram had given him a message and he in turn had rung up Kamla Verma deceased. The deceased had asked the driver to bring his vehicle to her residence at Housing Board Colony to take her to hospital as she was feeling unwell. According to the dri...
Cement Corporation of India Vs. Commissioner Under Workmen Compensatio ...
Court: Himachal Pradesh
Decided on: Sep-20-2005
Reported in: 2007(3)ShimLC173
Deepak Gupta, J.1. This appeal under Section 30 of the Workmen's Compensation Act (hereinafter referred to as the Act) is directed against the award of the Commissioner under the Workmen's Compensation Act, Paonta Sahib (hereinafter referred to as the Commissioner) in Case No. 13 of 1996, decided on 26.3.2001.2. This appeal was admitted on 25.7.2000 on the following substantial questions of law:1. In case the injuries did not result from the risk which is incidental to the nature of duties whether the appellant is liable to compensate the claimant?2. Whether the appellant is jointly and severally liable to pay the amount of compensation alongwith the contractor specially in view of the fact that his capacity is that of the principal employer?3. As far as the first substantial question of law is concerned, the contention raised by Mr. Maniktala is that the deceased died as a result of heart attack and this had nothing to do with the nature of his work or with his employment and it had n...
Prem Chand and Etc. Vs. Jagar Nathu and Etc.
Court: Himachal Pradesh
Decided on: Sep-19-2005
Reported in: AIR2006HP78,2006(3)ShimLC177
K.C. Sood, J.1. These two Second Appeals No. 324/1997 and 325/1997 arise out of the common judgment of the learned Additional District Judge, Solan, dated 31st July, 1997.2. The two appeals were admitted by identical orders dated 8th September, 1998. The order(s) read:Heard. Admitted on the substantial questions of law framed by the appellant and as annexed with the memorandum of appeal. Mr. Navlesh Verma, learned Counsel for the respondent, waives service of notice on behalf of respondent-Jagar Nath after admission.3. The substantial questions of law as framed by the appellant(s) in both the cases are:1. Whether in absence of proper pleadings and proof of ouster could the plaintiff/ respondent be held to be in exclusive possession of the suit property and perfected his title by way of adverse possession particularly in view of the, sale deed dated 27-3-1972 acknowledging the right of other co-sharers in the suit property?2. Whether the animus of hostility can be presumed in favour of ...
Desh Raj and anr. Vs. Khushi Ram and ors.
Court: Himachal Pradesh
Decided on: Sep-19-2005
Reported in: 2006ACJ1926
Deepak Gupta, J.1. This appeal under Section 173 of the Motor Vehicles Act has been filed by the owners against the award of the Motor Accidents Claims Tribunal (2), Una in M.A.C. Petition No. 36 of 1997; decided on 23.2.2001.2. The facts which are not in dispute are that the claimants are the parents of the deceased Gurpal Singh. Gurpal Singh along with one Chint Ram was travelling on tractor No. HP-20 4765 which is owned by the appellants. This tractor was being driven by Ram Kumar. Admittedly, the tractor met with an accident on 13.12.1996 at village Jhangoli, Tehsil Amb, District Una. Chint Ram died on the spot and Gurpal Singh suffered injuries who was shifted to PG1, Chandigarh and died later on. The claimants filed a claim petition under Section 166 of Motor Vehicles Act in which it was alleged that the deceased had been hired as a mason by Chint Ram and Chint Ram had hired the tractor in question for carriage of iron (saria) from Mubarakpur. According to the claimants Chint Ram...
Oriental Insurance Co. Ltd. Vs. Sunder Singh and ors.
Court: Himachal Pradesh
Decided on: Sep-16-2005
Reported in: III(2006)ACC584,2007ACJ1297
Deepak Gupta, J.1. This appeal Under Section 173 of the Motor Vehicles Act is directed against the award of the Motor Accidents Claims Tribunal-II, Solan, in M.A.C.P. No. 35-S/2 of 1996 decided on 29.12.2000.2. This appeal has been filed by the insurance company and the only point raised in the appeal is that the cover note was issued after the accident had taken place. According to the insurance company, the owner by misrepresenting the facts had obtained insurance policy after the accident had taken. The defence of the insurance company has been stated in preliminary objection Nos. 1 and 1-A of its reply which reads as follows:(1) That the policy No. 23512/011/ 00000/31/96/00736 hereinafter called as policy qua the offending bus No. HP 11-0555 had been obtained by concealing the factum of accident knowingly and deliberately by the insured and driver. As such the policy is void for non-disclosure of material facts. The replying respondent is, therefore, not liable to indemnify the ins...
Kushal Kumar Vs. Smt. Parveen Kumari and anr.
Court: Himachal Pradesh
Decided on: Sep-14-2005
Reported in: 2006(2)ShimLC126
Deepak Gupta, J.1. This appeal under Section 28 of the 'Hindu Marriage Act, 1956 is directed against the judgment and decree passed by the learned District Judge, Una in H.M.A. Petition No. 65 of 1999 whereby he has dismissed the petition for grant of divorce filed by the appellant-husband.2. Briefly stated the facts of the case are that the husband, Kushal Kumar, married Smt. Parveen Kumari, respondent No. 1-wife, according to Hindu rites on 5.3.1991. Out of of the wedlock two daughters, namely Alka and Priya were born. The petitioner serves in the Indo Tibet Border Police, lie was posted at Srinagar in the year 1988. Respondent No. 1 was residing in the marital home at village Rajli Banyala. Those facts are not disputed.3. According to the petitioner during the period when he remained at Srinagar, he visted his matrimonial home from 12.6.1998 to 12.8.1998 when he was on annual leave and thereafter he visited respondent No. 1 from 25.5.1999 to 30.5.1999 only. The husband further avers...
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