Himachal Pradesh Court May 2007 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Oriental Insurance Company Ltd. Vs. M.A.C.T. and ors.
Court: Himachal Pradesh
Decided on: May-30-2007
Reported in: 2007(2)ShimLC310
Sanjay Karol, J.1. On 21st December, 2000 Motorcycle Bearing No. HP-39A-1040 while being driven by its owner Shri Ankaj Kumar alongwith Shri Pardeep Kumar, pillion rider, met with an accident at Village Manajhgran, with truck bearing No. HP-48-6465. Both the riders fell on the road and sustained multiple injuries. Pardeep Kumar, pillion rider, suffered fatal injuries and died on the place of accident.2. Smt. Sudarshana Devi, mother of deceased Pardeep Kumar, filed a Claim petition under Section 166 of the Motor Vehicles Act, 1988, which was registered as Claim Petition No. 13-K/2005/03 in the Court of learned Motor Accident Claims Tribunal (Fast Track Court)/Kangra at Dharamshala (hereinafter referred to Tribunal). The same was decided by the Tribunal on 10th January, 2006. The claimant therein was awarded a sum of Rs. 6,42,000. While awarding the compensation, the Tribunal held that (i)-petitioner, a widow is aged 40 years; (ii) the age of the deceased was about 20 years at the time o...
Smt. Shyam Lata Vs. Subhash Chand
Court: Himachal Pradesh
Decided on: May-29-2007
Reported in: 2007(2)ShimLC251
Kuldip Singh, J.1. The respondent-wife is in appeal against the judgment, decree dated 28.3.2001, passed by the learned Additional District Judge (I), Kangra at Dharamshala in HMA No. 107/D/97, whereby the learned Additional District Judge has dissolved the marriage of the parties by a decree of divorce. For convenience, the parties are referred in the same manner as in the Court below.2. The facts in brief are that a divorce petition, under Section 13 of the Hindu Marriage Act, 1955 (for short, the Act), was filed by the petitioner- husband against the wife on the grounds of cruelty and desertion. It is the case of the husband that marriage between the parties took place on 8.12.1989 and thereafter they lived as husband and wife till April, 1991, but no child was born from the wedlock. The respondent-wife soon after the marriage started quarreling with the petitioner and his mother on the ground that she would not live in the joint family of the petitioner. On 7.4.1991, mother of the ...
Superintending Engineer, H.P.S.E.B. and anr. Vs. Bhura Ram and anr.
Court: Himachal Pradesh
Decided on: May-29-2007
Reported in: [2007(115)FLR703],2007(2)ShimLC279
Rajiv Sharma, J.1. By way of this petition, award dated 11.3.2005 passed by learned Presiding Judge, Labour Court-cum-Industrial Tribunal, Dharamshala in reference No. 3 of 2001 has been assailed. The Government has made the following reference to the Labour Court-cum-Industrial Tribunal, Dharamshala:Whether termination of services of Shri Bhura Ram, Ex-daily wages Beldar w.e.f. 1.5.1998 by (1) Superintending Engineer, H.P. State Electricity Board, Electrical Circle, Bilaspur, Himachal Pradesh and (2) Executive Engineer, Electrical Division, Himachal Pradesh Electricity Board, Bilaspur, H.P. without any notice, charge-sheet, enquiry and without compliance of Sections 25 (H), 25 (B) and 25 (F) of the Industrial Disputes Act, 1947 on completion of 240 days continuous service in violation of certified standing orders, as alleged, is legal and justified. If not, to what relief of consequential service benefits including reinstatement, seniority, back wages and amount of compensation, Shri ...
Sudhir Mahajan Vs. United India Insurance Company Ltd. and anr.
Court: Himachal Pradesh
Decided on: May-28-2007
Reported in: 2007(2)ShimLC305
Kuldip Singh, J.1. This appeal has arisen out of award dated 1.7.2000, passed by the Motor Accident Claims Tribunal, Shimla, in MACC No. l-S/2 of 1999, dismissing the claim petition, under Section 163-A of the Motor Vehicles Act (for short the Act), of the petitioner. For convenience, the parties are referred in the same manner, as in the impugned award.2. The brief facts are that petitioner allegedly suffered injuries in car accident bearing No. HIS-2010 owned by respondent No. 1 and insured with respondent No. 2 and was being driven by petitioner at the time of accident. The respondent No. 1 is the wife of petitioner. The accident took place on 4.2.1998 at Jabli in Solan District, when petitioner was trying to save a child. In the accident petitioner suffered multiple injuries including fracture of left leg, which has resulted in permanent disability. The petitioner has claimed Rs. 5,00,000/-, as compensation.3. The respondent No. 1 was proceeded ex parte. The respondent No. 2 insure...
P.K. Gupta and ors. Vs. State Bank of India and ors.
Court: Himachal Pradesh
Decided on: May-28-2007
Reported in: 2007(2)ShimLC382
Rajiv Sharma, J.1. By way of this petition following reliefs have been prayed for:(i) Quashing Clause 12.1 of the Promotion Policy as amended from time to time as being illegal, arbitrary unconstitutional and void.(ii) Quashing Annexure PB and PC relating to the criteria adopted for short-listing candidates for being included in the zone of selection and further prohibiting and restraining the respondents from discriminating against officers who have been awarded a common gradation in the Appraisal Reports and Annual Confidential Reports.(iii) Directing respondents to consider all officers within one criteria of gradation for being promoted from Middle Management Scale II to Middle Management Scale III and further prohibiting and restraining them from making classifications within classification as is being done by the respondents.(iv) Directing the respondents to consider the petitioners for the interviews to be held on 20th July, 1998 for the purposes of promotions to be made to Midd...
Sanjay Kumar Vs. State Bank of India and ors.
Court: Himachal Pradesh
Decided on: May-25-2007
Reported in: 2007(2)ShimLC449
Rajiv Sharma, J.1. The brief facts necessary for adjudication of this petition are that the petitioner's father died in harnesses 20.6.1999. The petitioner's mother forwarded an application to the Branch Manager, Khaira seeking appointment for the petitioner on compassionate basis. The case was forwarded by the Branch Manager, Khaira to the Deputy General Manager, Zonal Office, State Bank of India, Shimla. The petitioner's mother made a representation to the Deputy General Manager, Zonal Office, State Bank of India also vide Annexure P-1. The reminder was sent by the petitioner's mother on 26.12.2002 seeking compassionate appointment for her son. Shri Jai Chand, deceased has left behind widow, one son and four daughters.2. The respondents-Bank has filed the reply and the gist of the same is that the petitioner is not entitled to compassionate appointment as mother of the petitioner had received a total sum of Rs. 2,80,297/-, (i.e. Rs. 1,73,633/- as provident fund and Rs. 1,06,664/- as ...
Executive Engineer and anr. Vs. Ambika Sharma
Court: Himachal Pradesh
Decided on: May-24-2007
Reported in: 2008ACJ664,2007(3)ShimLC446
Kuldip Singh, J.1. The above appeal has been admitted on following substantial questions of law:(i) Whether the respondent Ambika Charan Sharma who was working as J.E. (Electrical) at the time of accident is a workman covered by the definition under Workmen's Compensation Act, 1923, as amended from time to time?(ii) Whether the order of the Commissioner below is illegal on the ground that the Commissioner had applied multiplier of amended Act, 2000 for assessing the amount of compensation whereas the accident had occurred prior to amended Act?2. The facts in brief are that applicant Ambika Sharma, J.E. (E), Electrical Sub division, H.P. P.W.D., Snowdon, Shimla met with an accident on 6.11.2000 while performing his duties on LT Panel. A non-fatal accident report was submitted by the Executive Engineer, Electrical Division No. 2, H.P. P.W.D., Shimla-1 vide his letter dated 1.12.2000 informing the Commissioner about the accident. A notice was issued to the respondents and to submit requis...
Prakash Chand Vs. P.S.E.B. and ors.
Court: Himachal Pradesh
Decided on: May-24-2007
Reported in: 2007(3)ShimLC381
Rajiv Sharma, J.1. The brief facts necessary for the adjudication of this petition are that the petitioner raised a dispute relating to his retrenchment which was ultimately referred by the State Government to the Labour Court to determine as to 'whether the termination of Shri Parkash Chand by the Resident Engineer, Punjab State Electricity Board, Shanan Power House, Jogindernagar, District Mandi (H.P.) with effect from 22.9.1978 without any notice or compliance of Section 25(F) of the Industrial Disputes Act, 1947 and without enquiry is legal and justified, if not, to what relief and service benefits Shri Parkash Chand is entitled to?'2. The case set up by the petitioner before the Labour Court was that he was engaged on March, 1973 as T-Mate and thereafter he discharged the duty of carpenter with effect from 1.10.1977 to 22.9.1978. He had further averred that since he had completed 240 days preceding his retrenchment from 23.9.1978. He was entitled to protection under Section 25-F o...
Commissioner of the Temple Trust of Dharamshala and ors. Vs. Presiding ...
Court: Himachal Pradesh
Decided on: May-24-2007
Reported in: 2007(2)ShimLC316
Rajiv Sharma, J.1. This petition is filed against the award dated 18.6.2005 passed in CMP No. 414 of 2004 by the learned Presiding Judge, Labour Court-cum-Industrial Tribunal, Dharamshala.2. The brief facts necessary for the adjudication of the present petition are that the award was made by the learned Presiding Judge, Labour Court-cum-Industrial Tribunal, Dharamshala in reference No. 31 of 1996 on 31.5.2001 whereby the respondents (herein referred as workmen) were held entitled to reinstatement in service with full seniority, but the back wages were restricted to 25% to the last pay drawn till they were reinstated in job. The petitioner-management feeling aggrieved by the award dated 31.5.2001 approached this Court by way of CWP No. 1027/2001. The CWP was decided by this Court on 26.5.2004 and the operative portion of the judgment is reproduced herein below:The full wages of the workmen has been deposited by the Management considering them in service from 1.6.1996 to 31.7.2002 wherea...
Sita Ram Vs. Bank of India and ors.
Court: Himachal Pradesh
Decided on: May-24-2007
Reported in: 2007(2)ShimLC371
Rajiv Sharma, J.1. By way of this petition, the petitioner has challenged orders dated 21st January, 2004, 9th February, 2004 and appellate order dated 23rd July, 2004.Shorn of the unnecessary details, the bare facts for the adjudication of this petition are that the disciplinary proceedings were initiated against the petitioner. The copy of the inquiry report dated 22.8.2003 has been placed on record and marked as Annexure P-5. The Inquiry Officer has recorded the following findings against the petitioner as reproduced below:Findings:Charge A - That the customer had given a cheque for Rs. 30,000 to Shri Sita Ram for taking payment on her behalf.ProvedCharge B - Shri Sita Ram received the payment of the Cheque dated 13.1.2003 for Rs. 30,000/-.ProvedCharge C - Shri Sita Ram did not hand over the payment to the customer.Proved.2. As a sequel to the inquiry report dated 22.8.2003, the petitioner was served with show-cause (punishment) notice by the disciplinary authority on 21st January, ...