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Himachal Pradesh Court April 2007 Judgments

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Apr 10 2007

Sanjay Kumar Vs. State of Himachal Pradesh

Court: Himachal Pradesh

Decided on: Apr-10-2007

Reported in: 2007CriLJ2695

Surjit Singh, J.1. This appeal is directed against the judgment of the Sessions Judge whereby appellant has been convicted of offence of murder, under Section 302, I.P.C. and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 3,000/- and in default of payment of fine to undergo rigorous imprisonment for a further period of six months.2. Appellant's grievance is that the evidence on record does not prove the charge of murder, but the trial Court has mis-appreciated and misconstrued the evidence. In the alternative his plea is that it is not a case of murder but a case of culpable homicide not amounting to murder, punishable under second part of Section 304, I.P.C.3. Appellant was charged with and tried for an offence under Section 302,I. P.C. on the allegations that on 8-10-2001 at about 7.30 p.m., he stabbed deceased Kartar Chand in the abdomen, as a result of which he died on 10-10-2001. The prosecution version may be summarized thus. On 8-10-2001, PW 3 Bipin...


Apr 09 2007

The Palampur Co-operative Marketing and Consumer Federation Limited Vs ...

Court: Himachal Pradesh

Decided on: Apr-09-2007

Reported in: 2008(1)ShimLC237,2009(2)SLJ117(HP)

Deepak Gupta, J.1. The following interesting question of law arises in these writ petitions.Whether the employees of a co-operative society who are governed by the provisions of H.P. Co-operative Societies Act and the rules framed there under can claim the benefit of the provisions of the Industrial Disputes Act? 2. The facts necessary for decision of the petitions and which are not in dispute are that the petitioner society in all cases is a society registered under the H.P. Co-operative Societies Act (hereinafter referred to as the Act). The society was engaged in the business of sale of food grains on behalf of the Government and was admittedly getting commission on the said sale. The society had engaged the respondent workmen, (hereinafter referred to as the workmen) as employees in the society.3. The workman in CWP No. 898 of 2005 was engaged as a driver on 15.7.1998 on daily wages. The services of the workman were dispensed with on 31.10.2000. The workman in CWP No. 899 of 2005 w...


Apr 02 2007

Meena Kumari Vs. Himachal Pradesh State Electricity Board and ors.

Court: Himachal Pradesh

Decided on: Apr-02-2007

Reported in: 2007ACJ2547

Sanjay Karol, J.1. This judgment is being dictated in open court in presence of the learned Counsel for the parties.2. Partap Singh, assistant lineman was employed with respondent Board and was working at the Sub-Station, Kiani, District Chamba, Himachal Pradesh. While in service, on 30.12.1992 while replacing the kitkat at the time of cleaning and maintaining of Sub-Station, Kiani, District Chamba, Himachal Pradesh, the petitioner suffered grievous injuries due to electric shock. As a result of electric shock, he fell from the pole on the ground, he was admitted to the hospital in serious condition but succumbed to injuries on 31.12.1992. He left behind 5 minor children and a widow. Respondent Board has already awarded compassionate appointment in April 1993 to his wife. The respondent Board as a model employer, of its own, reported the matter through its Asstt. Engineer (E), Sub-Station, Koti, District Chamba, Himachal Pradesh, to the Commissioner for Workmen's Compensation, Mandi, w...


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