Himachal Pradesh Court July 2007 Judgments
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Kishori Lal and ors. Vs. Bawa Ramanand Gir Chela Bawa Kailashand Gir a ...
Court: Himachal Pradesh
Decided on: Jul-11-2007
Reported in: 2008(3)ShimLC159
Kuldip Singh, J.1. The appellants are the heirs of Piara Lal plaintiff, who had filed the appeal against the judgment, decree dated 12.11.1997 passed by learned District Judge, Solan Camp at Nalagarh in Civil Appeal No. 4-NL/13 of 1994 confirming judgment, decree dated 6.11.1993 passed by learned Sub Judge 1st Class, Nalagarh in Civil Case No. 220/1 of 1988.2. The facts in brief, as per the case set up by the plaintiff in the plaint are that the plaintiff is owner in possession of the suit land measuring 11 biswas comprised in Khasra No. 107 situated in village Nangal Uperla. The plaintiff had purchased 4 biswas land comprised in khasra No. 77 in village Nangal Upeprla from the Custodian Department in an open auction for which sale certificate was issued to plaintiff on 2.1.1973. The plaintiff exchanged this land with the land of defendants measuring 4 biswas comprised in khasra No. 107/1 and mutation to this effect was attested on 28.1.1984. The plaintiff again purchased 7 biswas land...
Smt. Amro Devi and anr. Vs. Montgomery Transport Company and ors.
Court: Himachal Pradesh
Decided on: Jul-09-2007
Reported in: 2007(2)ShimLC510
Kuldip Singh, J.1. This appeal has been filed by Amro Devi and Kashmir Singh, parents of deceased, Sanjay Kumar, for enhancement against the award, dated 1.6.2001, passed by learned Motor Accident Claims Tribunal, Hamirpur, in MAC Petition No. 41 of 1998, awarding Rs. 2,16,000/- compensation to the claimants-petitioners to be paid by respondents No. 2 and 4, equally with interest at the rate of 9% per annum, w.e.f. 5.11.1999. The parties are referred in the same manner, as in the impugned award.2. The facts in brief, as pleaded, are that Sanjay Kumar, aged 21 years, was additional driver employed by respondent No. 1 to drivetruck on Rs. 2,500/- salary, per month and Rs. 100/- per day daily allowance. On 4.3.1998, truck No. DL-IG-A-3567, owned by respondent No. 1 and insured with respondent No. 2 was being driven by driver Yashpal and Sanjay Kumar was in the said truck as co-driver. The truck was proceeding from Delhi to Bombay and it had head on collision with another truck bearing reg...
Nand Lal Sharma Vs. Smt. Bimla Sharma
Court: Himachal Pradesh
Decided on: Jul-09-2007
Reported in: 2007(3)ShimLC406
Dev Darshan Sud, J.1. This is the tenant's revision under Section 24(5) of the H.P. Urban Rent Control Act (hereinafter referred to as 'the Act') against the judgment of eviction passed by the Rent Controller and affirmed in appeal by the Appellate Authority. The respondent who is the landlady, preferred an eviction petition under Section 14 of the Act against the petitioner on the ground that the petitioner who was the tenant in-one room in the building owned by the respondent-landlady at a monthly rent of Rs. 800/- per month since August, 1994 is in arrears of rent and the premises occupied by the petitioner are required bona fide by the respondent for her own occupation. The land lord pleaded that she being the widow was being harassed by the petitioner who had withheld the payment of rent and further that she required the same for her personal bona fide requirement. The petition was resisted by the petitioner-respondent on a number of grounds. Four issues were framed by the Rent Co...
Goel Bus Service Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Jul-06-2007
Reported in: AIR2007HP101
Surinder Singh, J.1. The petitioners are engaged in the business of Transport and are having various route permits for their respective buses/stage carriages for different routes in the State.2. In the year 1972 the State of Himachal Pradesh enacted 'The Himachal Pradesh Motor Vehicles Taxation Act' (hereinafter to be referred as the Act).3. In this act the amendments were brought by incorporating Sections 3-A, 3-B and 3-C, vide amending Act No. 15 of 1999 with the following object and reasons as indicated in Bill No. 10 of 1999:Developed roads and bridges constitute arteries of a health economy. Himachal Pradesh being a hill State, the importance of roads, their construction and maintenance can hardly be over emphasized as a vital trading facility. Each year, the government has to incur considerable part of its budget on construction, maintenance and development of roads and bridges in the State. Since it is essential to finance these activities it is considered necessary to levy road...
Balbir Singh and anr. Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Jul-06-2007
Reported in: 2007(2)ShimLC468
Surinder Singh, J.1. Since common questions of law and facts are involved in the above petitions, with a view to avoid the repetition of law and facts, we propose to decide these petitions by this single common judgment.Admitted Facts2. The petitioners are residents of Himachal Pradesh and owners of their respective transport vehicles.3. The Director of Transport (respondent No. 2) in CWP No. 1185 of 2004, published the following notification (Annexuce PB) in the daily issue of The Tribune dated 2nd February, 2004:Government of Himachal Pradesh, Department of Transport.Notice inviting applications for setting up Private Fitness Centres.As per the provisions of Motor Vehicles Act and Rules all Transport Vehicles are required to obtain a fitness certificate from an Authorized Fitness Center once in a year. The State Government proposes to license fitness centers in the private/semi Government Sector for issuing and renewal of fitness certificates. These fitness centers will be required t...
Smt. Susheela Chauhan and ors. Vs. Ram Saran Sharma and ors.
Court: Himachal Pradesh
Decided on: Jul-04-2007
Reported in: 2008ACJ808,2007(2)ShimLC416
Kuldip Singh, J.1. This appeal is directed against the order dated 1.9.1999 passed by learned Motor Accident Claims Tribunal, Shimla in M.A.C.C. No. 83-S/2 of 1994, awarding Rs. 3,50,000/- compensation along with 12% per annum interest from the date of filing of the petition to the date of payment to the petitioners against all the seven respondents jointly and severally. The appeal has been jointly filed by legal representatives of owner of truck and respondent No. 7-Insurer Ram Parshad driver has not joined the appeal and therefore, he has been impleaded as respondent No. 7 in the above appeal. The parties are referred in the same manner as in the impugned award.2. The facts in brief are that Ram Saran Sharma, Smt. Chintamani; Krishna, Hem Lata, Kanta Devi and Tapsya filed claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short Act), seeking compensation for the death of Prem Raj, who was the son of petitioners Ram Saran Sharma and Smt. Chintamani, brother of Kris...
State of H.P. Vs. Mast Ram
Court: Himachal Pradesh
Decided on: Jul-04-2007
Reported in: 2007CriLJ4381
Surinder Singh, J.1. The respondent was put On trial, under Section 406 of the Indian Penal Code, before the Additional Chief Judicial Magistrate, Court No. 1, Shimla, in Cr. Case No. 212/2 of 1995. The trial Court had acquitted the respondent vide its detailed judgment passed on 9-6-1999, which was been assailed in this appeal on law and facts.2. Precisely, the case of the prosecution has been that:the Damage Report No. 84/K-9091 dated 28-12-1990 was chalked out by Paras Ram Forest Guard (P.W.) against the respondent for illicit felling of three trees of Kail II-B, from the Government Forest 'Talap.' It was allegedly converted in different sizes. The case property i.e. 25 scants of kail having 179.50 CFTs was seized and given on spuardari to accused-respondent-Mast Ram. A challan/complaint against the respondent, was put in the Court. The accused was acquitted and the case property was ordered to be confiscated to the State of Himachal Pradesh. In order to take possession of the timbe...
Jagdish Chand Vs. Parveen Kumar and ors.
Court: Himachal Pradesh
Decided on: Jul-04-2007
Reported in: 2008(1)ShimLC298
Kuldip Singh, J.1. This appeal has been filed by Jagdish Chand defendant No. 1 against the judgment and decree dated 1.3.2004 passed by District Judge, Kangra at Dharamshala in Civil Appeal No. 44-D/XIII/2003 reversing the judgment and decree dated 28.2.2003 passed by learned Sub-Judge 1st Class(2), Dharamshala in Civil Suit No. 47 of 2001. The parties are referred in the same manner as in the trial Court.2. The facts, as emerge from the plaint, are that plaintiff Parveen Kumar filed a suit for possession against defendant No. 1 Jagdish Chand on the ground that tenancy of defendant No. 1 has been terminated vide notice dated 27.12.2000. He was called upon to hand over the possession of shop No. 1 on or before 1.2.2001 and pay the arrears of rent. The further facts are that plaintiff is owner of shops No. 1 to 5 shown in the site plan at Sri Nadikeshwar Dhaam, Chamunda, Tehsil Dharamshala, District Kangra. Defendant No. 1 was a tenant in shop No. 1 on Rs. 700/- per month. In October 200...
Suraj Prakash and anr. Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Jul-03-2007
Reported in: 2008CriLJ597,2007(2)ShimLC481
Surjit Singh, J.1. Appellants Panjku Ram and Suraj Prakash are related to each other as father and son, respectively. They are aggrieved by the judgment of the Sessions Court, whereby they have been convicted of offence punishable under Section 307 read with Section 34 IPC and sentenced to undergo life imprisonment and to pay compensation of Rs. 1,00,000 each to the victim of the offence.2. First, the prosecution case may be noticed. Appellant Panjku Ram and PW-7 Brij Lai, the father of the injured, are residents of the same village, i.e. village Yol in Kangra District. They had some dispute with regard to a path. Some criminal cases with respect to the aforesaid dispute had also been instituted by them against each other. On 26.7.2000 around 7.50 p.m. when PW-9 Manik Sharma, son of PW-7 Brij Lai, was returning home after playing football in the ground of the village school and reached a point about 20 metres from his house, the two appellants are alleged to have thrown acid on his fac...
Himachal Road Transport Corporation Vs. Hark Bahadur and anr.
Court: Himachal Pradesh
Decided on: Jul-02-2007
Reported in: 2008ACJ1127,2007(2)ShimLC409
Kuldip Singh, J.1. This judgment shall dispose of FAO (MVA) No. 274 of 2003 and Cross-objection No. 423 of 2003. H.R.T.C. (for short 'Corporation'), owner of recovery van No. HP-07-3187, is in appeal against the award dated 11.3.2003 passed by learned Motor Accident Claims Tribunal, Solan in MAC Petition No. 38-S/2 of 2002 awarding Rs. 4,50,000/- compensation to claimant/petitioner and against the owner and driver of the recovery van jointly and severally along with interest at the rate of 9% per annum from the date of filing the petition till its deposit. The parties are referred in the same manner as in the impugned award.2. The brief facts of the case are that Hark Bahadur aged 27 years was driving Scooter No. DIF-2286 on 10.11.1999 towards Solan, Jai Chand was pillion rider on the scooter. At place Salogra, the scooter No. DIF2286 was hit by recovery van No. HP-07-3187 owned by Corporation respondent No. 1 and was being driven rashly and negligently by respondent No. 2 at the time ...
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