Himachal Pradesh Court January 2006 Judgments
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Leena and ors. Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Jan-13-2006
Reported in: 2006(1)ShimLC358
K.C. Sood, J.1. Under challenge, in this Bunch of writ petitions, except writ petition Bhawana Sharma v. State of H.P. and Ors. (C.W.P. No. 622 of 2004), to which we shall advert little later, is the action of the respondent-State rejecting the request of the Principal of Rameshwari Teachers Training Institute Sarabai Bhunter District Kullu ('Institute' for short) for permission to declare the result of the petitioners who were admitted in the Institute for the Two years J.B.T. Course for the Academic Session 1999-2901 and the directions of the State Government (Respondent No. 1) to the Examining Body, respondent No. 2, H.P. Board for School Education ('Board' for short) to cancel the result of the petitioners who were ineligible for admission to the J.B.T. Course run by the Institute.The Background.2. For convenience, the documents shall be referred to in CWP No. 1178 of 2004.3. The petitioners, in all the petitions, except in Bhawna Sharma, sought and were granted admission in Two Ye...
Bal Krishnan Sharma Vs. Tek Ram
Court: Himachal Pradesh
Decided on: Jan-13-2006
Reported in: I(2007)BC138,2006CriLJ1993
K.C. Sood, J.1. Would a cheque Issued after the date of closure of an account in a Bank fall within the mischief of Section 138 of the Negotiable Instruments Act ('Act' for short) is the question which calls for an answer in this petition.2. Undisputed facts necessary for the disposal of this petition are:The respondent Tek Ram, hereinafter referred to as the ('accused') approached the petitioner Bal Krishan Sharma ('complainant' for short) in September, 1996 for a loan of rupees one lakh saying that he required this amount to discharge his previous liability with the Bank which will enable him to get a loan of rupees 4 lakhs from the Bank and that he would repay the amount. The petitioner accordingly advanced rupees one lakh to the accused in cash and the accused in consideration whereof issued him a cheque dated December 13, 1996 drawn on Punjab National Bank, Fozal in the amount of rupees one lakh. The cheque bounced, when the petitioner presented it to the Bank, with the endorsemen...
National Insurance Company Ltd. Vs. Smt. Pasmi Devi and ors.,
Court: Himachal Pradesh
Decided on: Jan-13-2006
Reported in: II(2006)ACC755,2006ACJ2254,2006(1)ShimLC378
Deepak Gupta, J.1. By this judgment three appeals being FAO Nos. 175, 176 and 178 of 2003 are being disposed of as they arise out of the same accident and the points involved are similar.2. Truck No. HP-10-0821 belongs to respondent Sanjeev Kumar. Respondent Gulshan Datta was the driver of the said truck. This truck met with an accident on 12.4.2000 at about 4.30 p.m. All the three deceased were travelling in the said truck died. The legal heirs of the victims filed the claim petitions.3. FAO No. 175 of 2003 arises out of claim petition No. 87-S/2 of 2001/2000 in which the claimants are the widow and children of late Nagru Ram. In this claim petition it was alleged that the deceased was a daily-wage beldar. It was further stated that the deceased was engaged as a labourer by one Durga Singh, owner of the cement and other construction material, which was being carried in the truck. It was stated that the deceased Nagru Ram had boarded the truck at Kharapather on the asking of Durga Sing...
Bal Krishan Sharma Vs. Tek Ram
Court: Himachal Pradesh
Decided on: Jan-13-2006
Reported in: 2006(1)ShimLC385
K.C. Sood, J.1. Would a cheque issued after the date of closure of an account in a Bank fall within the mischief of Section 138 of the Negotiable Instruments Act? ('Act' for short) is the question which calls for an answer in this petition.2. Undisputed facts necessary for the disposal of this petition are:3. The respondent Tek Ram, hereinafter referred to as the ('Accused') approached the petitioner Bal Krishan Sharma ('Complainant' for short) in September, 1996 for a loan of rupees one lakh saying that he required this amount to discharge his previous liability with the Bank which will , enable him to get a loan of rupees 4 lakhs from the Bank and that he would repay the amount. The petitioner accordingly advanced rupees one lakh to the accused in cash and the accused in consideration whereof issued him a cheque dated December 13, 1996 drawn on Punjab National Bank, Fozal in the amount of rupees one lakh. The cheque bounced, when the petitioner presented it to the Bank, with the endo...
Ravinder Baloria Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Jan-12-2006
Reported in: 2006(1)ShimLC259
Deepak Gupta, J.1. This bunch of petitions is directed against the selections made by the respondents-State for admission to Junior Basic Training (for short: JBT) Course.2. The respondent No. 1 Himachal Pradesh Board of School Education, issued an advertisement on 20th January, 2004 inviting applications for entrance test to the JBT course. On the basis of this entrance test, 1800 successful candidates were to be granted admission in various institutions all over the State.3. In this advertisement, the seats were distributed district-wise. The advertisement also prescribed reservations for various categories. The essential educational qualification for appearing in the test was 10+2 or equivalent. As per the general rules /guidelines, merit was to be prepared district-wise/category-wise by the board and the candidates were to be interviewed by the Selection Committee(s) at the Sub Divisional Headquarters. The general rule/guideline No. 5 of the advertisement provides that JBT training...
Raj Kumar Alias Raju Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Jan-11-2006
Reported in: 2007(1)ShimLC205
V.K. Ahuja, J.1. This is an appeal filed by the appellant against the judgment of the Court of learned Sessions Judge, Kullu dated 5.4.2006, vide which the appellant was held guilty under Sections 376 and 452 IPC and was convicted and sentenced as under:2. The appellant was convicted under Sections 452 and 376 IPC and sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs. 5,000/- for the commission of offence under Section 376 IPC. In default of payment of fine, the appellant was ordered to suffer imprisonment for one year. The appellant was further sentenced to rigorous imprisonment for two years and to pay fine of Rs. 1,000 for the commission of offence under Section 452 IPC. In default of payment of fine, the convict was ordered to imprisonment for one month. The sentences awarded were ordered to run concurrently.Briefly stated the facts of the case are that on 29.4.2005 at about 8.15 a.m., a telephonic message was received at Police Chowki Jar...
National Insurance Co. Ltd. Vs. Dhannu Ram and ors.
Court: Himachal Pradesh
Decided on: Jan-11-2006
Reported in: [2006(111)FLR305],2006(1)ShimLC329
Deepak Gupta, J.1. This appeal by the Insurance Company has been filed under Section 30 of the Workmen's Compensation Act. The appeal was admitted on the following questions of law:(i) Whether the claimant is entitled to claim compensation under the Workmen's Compensation Act in case the accident of deceased workman was not arising out of and in the course of the employment and there is no proximate nexus between the death and employment in which the deceased was engaged?(ii) Whether the liability for payment of amount of compensation arises under the Workmen's Compensation Act against the Insurance Company in a motor policy in case the death of deceased workman is not in any manner related to the insured vehicle?2. Briefly stated the facts of the case are that deceased Hoshiar Singh was employed as driver by Usha Rani on her truck No. HP-12-9039 on a monthly salary of Rs. 2500/-. It is alleged that on 2.10.2000 the truck was to be taken outside Baddi. The truck was loaded and parked n...
United India Insurance Co. Ltd. Vs. Hira Lal and ors. and Smt. Dropti ...
Court: Himachal Pradesh
Decided on: Jan-11-2006
Reported in: 2007ACJ1398,2006(1)ShimLC349
Deepak Gupta, J.1. This judgment shall dispose of two appeals being FAO No. 249 of 2002 and FAO No. 254 of 2002 as they arise out of the same accident and award.2. Brief facts of the case are that truck No. HP-09-0712 was owned by Narain Singh Jandev. This truck was insured with United India Insurance Company. One Prem Singh was employed as a conductor in the said truck. Narinder Jandev, who is the son of the owner was also travelling in the said truck. The truck met with an accident on 5.6.1997 near petrol pump, Kandaghat. The driver, conductor Prem Singh and Narender Jandev died in the accident. M.A.C. Petition No. 61-S/2 of 1997 was filed by Hira Lal, father of Prem Singh and Sundra Devi, Ram Piari and Vinod Kumar, sisters and brother of Prem Singh. In this petition it was alleged that the deceased was the conductor in the truck and that the accident occurred due to the negligence of the driver and hence they are entitled to compensation. Dropti Devi, wife of Narain Singh (owner) fi...
Roshan Lal Vs. Smt. Khampa Devi
Court: Himachal Pradesh
Decided on: Jan-11-2006
Reported in: 2006(1)ShimLC355
Deepak Gupta, J.1. This first appeal under Section 28 of the Hindu Marriage Act is directed against the order of the District Judge, Kinnaur at Rampur purported to have been passed under Section 24 of the Hindu Marriage Act whereby he has awarded maintenance at the rate of 700/ - per month in favour of the wife Smt. Khampa Devi.2. The brief facts necessary for decision of the case are that Khampa Devi (respondent) is married to Roshal Lal (Petitioner). She filed a petition for grant of maintenance in the Court of District Judge Kinnaur at Rampur Bushehr. This petition was filed as a pauper application under Section 33 of the Code of Civil Procedure read with Section 18 of the Hindu Adoptions and Maintenance Act. During the course of these proceedings, she filed another petition under Section 24 of the Hindu Marriage Act claiming interim maintenance. On this maintenance petition, the impugned order has been passed whereby the husband has been directed to pay Rs. 700/- per month as maint...
United India Insurance Co. Ltd. Vs. Hiralal and ors.
Court: Himachal Pradesh
Decided on: Jan-11-2006
Reported in: IV(2006)ACC131
Deepak Gupta, J.1. This judgment shall dispose of two appeals being F.A.O. No. 249 of 2002 and F.A.O. 254 of 2002 as they arise out of the same accident and award.2. Brief facts of the case are that truck. No. HP-09-0712 was owned by Narain Singh Jandev. This truck was insured with United India Insurance Company. One Prem Singh was employed as a conductor in the said truck. Narinder Jandev who is the son of the owner, was also travelling in the said truck. The truck met with an accident on 5th June, 1997 near petrol pump, Kandaghat. The driver, conductor Prem Singh and Narender Jandev died in the accident. M.A.C. Petition No. 61-S/2 of 1997 was filed by Hira Lal, father of Prem Singh and Sundra Devi, Ram Piari and Vinod Kumar, sisters and brother of Prem Singh. In this petition it was alleged that the deceased was the conductor in the truck and that the accident occurred due to the negligence of the driver and hence they are entitled to compensation. Dropti Devi, wife of Narain Singh (...
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