Himachal Pradesh Court November 2008 Judgments
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Santosh Vs. the State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Nov-11-2008
Reported in: 2009(1)ShimLC248
Rajiv Sharma, J.1. Briefly stated the facts of the case are that respondent No. 2 had issued notification on 31.10.2006 whereby applications were invited on plain paper along with documents for the post of Anganwadi Worker in Gram Panchayat, Khani. The petitioner submitted an application as per notification dated 31.10.2006. She was called for interview on 22.12.2006 by the respondent No. 2. It appears from the record that respondent No. 3 made a representation to respondent No. 2 on 9.4.2007 seeking her transfer from Anganwadi Centre, Kamand to Anganwadi Centre, Khun. Her application was accepted and she was transferred from Anganwadi Centre, Kamand to Anganwadi Centre, Khun. She joined her duties at Anganwadi Centre, Khun on 16.4.2007. The resultant vacancy at Anganwadi Centre, Kamand was filled up by way of appointment of respondent No. 4.2. Mr. Y.P.S. Dhaulta, Advocate has strenuously argued that the transfer of respondent No. 3 from Anganwadi Centre, Kamand to Anganwadi Centre, Kh...
National Insurance Company Limited Vs. Smt. Saroj Kumar and ors.
Court: Himachal Pradesh
Decided on: Nov-11-2008
Reported in: 2006ACJ2512,[2009(121)FLR1034],2009(1)ShimLC253
Sanjay Karol, J.1. The Insurer M/s. National Insurance Company Limited has filed the present appeal assailing the award dated 10th December, 2003 passed by the Workmen's Compensation Commissioner-cum-Sub-Divisional Magistrate, Kangra, in Case No. 5/2003, titled as Smt. Saroj Kumari and Ors. v. Smt. Swarna Devi and Anr.2. The appeal was admitted on the following substantial questions of law:1. Whether the compensation under the Workmen's Compensation Act has to be assessed by taking into consideration the provisions of the Act as they exist at the time of the accident/death of the workman?2. Whether the Insurance Company can be fastened with the liability to pay interest and penalty?3. The scope of the present appeal is narrow and thus relevant facts are stated as under:Vehicle No. HP-39-3381 owned by Smt. Swarna Devi and driven by Shri Jindu Ram, predecessor-in-interest of the claimants, met with an accident on 10.10.1997. In the said accident Shri Jindu Ram died. An FIR was registered...
Madan Jit Verma Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Nov-11-2008
Reported in: 2009CriLJ1407
Surinder Singh, J.1. The appellant has challenged his conviction passed under Sections 376 and 506 of the Indian Penal Code in Sessions Trial No. 4 S/7 of 2006 decided on 17-4-2007 by the Sessions Judge whereby he has been sentenced to undergo imprisonment for a period of seven years and to pay a fine of rupees 25,000/- under Section 376, I.P.C. and rigorous imprisonment for a period of two years and to pay fine of rupees 5000/- under Section 506 of the Indian Penal Code. Both the sentences were ordered to run concurrently and he was also given the benefit of Section 428 of the Code of Criminal Procedure.2. The factual matrix giving rise to this appeal is that on 26-7-2005, the prosecutrix along with her friends Reena and Rita etc. had gone to attend the marriage of her friend Anjana in village Dhar. While returning from there along with her friends and brother Chaman. At about 6.00 p. m., her brother Chaman left the house of Reena which fell on the way, along with his boy friends leav...
Balak Ram, Rajiv Kumar Goel and ors. and Bhupinder Singh Thind Vs. Sta ...
Court: Himachal Pradesh
Decided on: Nov-10-2008
Reported in: 2009CriLJ2011,2009(1)ShimLC189
Dev Darshan Sud, J.1. These four revision petitions are beings disposed of by a common judgment as the same point of law is involved. These petitions challenge the order passed by the learned Special Judge (Forest), Shimla on applications moved under Section 321 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') seeking withdrawal from prosecution, which applications were dismissed by the learned Special Judge (Forest) on 27.4.2006.2. This litigation has a chequered history. It is undisputed before me that prior to the present petitions, the State had preferred Criminal Revision Petition Nos. 46 and 117 of 2006 challenging the same order(s) on a number of grounds. These revisions remained pending on the record of this Court for a long period of time and on 7.1.2008, the petitions were withdrawn. It is also undisputed that these revision petitions were barred by time and delay was condoned. On 30.5.2007 the Hon'ble Chief Justice ordered:As the arguments were in pr...
Anupama Raju Vs. Anant Ram and ors.
Court: Himachal Pradesh
Decided on: Nov-10-2008
Reported in: 2009ACJ2564
Sanjay Karol, J.1. The owner Anupama Raju has filed the present appeal assailing the impugned award dated 3.1.2003 passed by the Motor Accidents Claims Tribunal, Mandi, H.P. in Claim Petition No. 22 of 1999 titled as Anant Ram v. Anupama Raju.2. Mr. Rakesh Jaswal, learned Counsel for appellant, while restricting the grounds of challenge, has made a submission that while deciding issue No. 4, the Tribunal wrongly fastened the liability upon the owner by holding that the driver Tilak Raj was not holding a valid and effective licence to drive the vehicle in question.3. No appeal or cross-objections have been filed by the claimant insurance company or other persons arrayed as respondents in the claim petition. Therefore, the scope of controversy in the present appeal is limited.4. Claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') was filed by Anant Ram (in short, 'the claimant'), claiming compensation on account of grievous injuries whi...
Manoj Bali Vs. Girish Dhingra
Court: Himachal Pradesh
Decided on: Nov-10-2008
Reported in: 2009(1)ShimLC170
Surinder Singh, J.1. The present petition has been preferred by the accused for quashing the order dated 10.6.2008 passed in Case No. 160/3 of 2000, pending in the trial Court under Section 138 of the Negotiable Instruments Act, whereby his application under Section 311, Cr.P.C. seeking permission to further cross-examine PW-1, Rajeev Brar and PW-2 Girish Dhingra respondent was dismissed.2. Precisely, the facts giving rise to the present petition are that a cheque No. RKG 922845 dated 12-2-1999 drawn on Punjab National Bank, Parwanoo from account No. 8799 was issued for Rs. 15,000/- by the petitioner herein, in favour of the respondent allegedly to satisfy his debt liability, but when it was presented to the bank it was returned vide memo dated 10-8-1999, with the objection 'insufficient funds'. A registered notice dated 20-8-1999 was sent on 21-8-1999 for making the payment of the cheque amount which was received by the accused-petitioner on 25-8-1999. Despite that he failed to pay th...
Raman Khanna and ors. Vs. Sham Kishore and ors.
Court: Himachal Pradesh
Decided on: Nov-10-2008
Reported in: AIR2009HP42,2009(1)ShimLC200
Surinder Singh, J.1. Both the applications titled above are being decided by this order.Precisely, the dispute inter-se the parties is that there is a joint property known as 'Prince of Wales', Regal Building and Annexe situated in Lakkar Bazar, Shimla. Plaintiffs and profortna defendant No. 9 claimed 51.04% share in the said property as co-owners and alleged that the defendants No. 1 to 3 have 26.04% share and defendants No. 5 to 8 have only 6.25% shares.2. In short, the case of the plaintiffs, as averred in the plaint, is that the defendants aforesaid were having more share in their possession wherein they were running commercial activities whereas the plaintiffs were deprived of their shares, thus restricted their claim to three years and claimed an amount of Rs. 15,00,000/- from the defendants as damages/mesne profit for use of excess share with interest.3. A preliminary decree in the partition suit No. 64 of 1983 was passed on 22-11-1989 titled as Raman Khanna v. Vidya Khanna, and...
United India Insurance Co. Ltd. Vs. Mehar DIn and ors.
Court: Himachal Pradesh
Decided on: Nov-07-2008
Reported in: 2009ACJ2594
Sanjay Karol, J.1. United India Insurance Co. Ltd., appellant herein has assailed the impugned award dated 7.5.2004 passed by Motor Accidents Claims Tribunal, Una, H.P. in M.A.C. Petition No. 15 of 2002 titled as Hazara Bibi v. Illam Din awarding compensation of Rs. 5,44,000 to the claimant who suffered 100 per cent permanent disability in the accident in question.2. Hazara Bibi, the respondent No. 1 herein filed a claim petition under Section 166 of the Motor Vehicles Act (hereinafter referred to as 'the Act') claiming compensation for the injuries sustained by her in an accident which took place on 5.5.1997 at about 2.30 p.m. at Saluri, Police Station, Amb, District Una, H.P. The claimant was engaged for the purpose of bringing the bride and the dowry articles to her in-laws house as per the custom and as such was travelling in truck No. HP 19-2865. Illam Din, the driver drove the vehicle at a high speed and in a rash and negligent manner which caused the accident. The claimant who w...
Oriental Insurance Company Ltd. Vs. Nanak Chand and ors.
Court: Himachal Pradesh
Decided on: Nov-06-2008
Reported in: 2009ACJ2240,2008(3)ShimLC518
Sanjay Karol, J.1. The Insurance Company has filed the present appeal assailing the impugned award dated 29th November, 2003 passed by the Motor Accident Claims Tribunal (II), Mandi, H.P. in M.A.C.T. No. 101 of 1996 titled as Nanak Chand v. Kaji Ram and Anr.2. Sh. Nanak Chand, respondent No. 1 (hereinafter referred to as the 'claimant') filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act') claiming compensation of Rs. 4,00,000/- for the injuries sustained by him in an accident which took place on 18th April, 1996 at village Naulakha, Sunder Nagar, District Mandi, H.P.3. Claimant as pillion rider was traveling on the National Highway No. 21 on scooter No. HP-34-2235, being driven by Sh. Het Ram when tractor No. HP-31-4038 being driven by Sh. Kazi Ram-respondent No. 2 herein was ahead of them. All of a sudden without giving any signal (respondent No. 2) turned the tractor to the right to join the Naulakha-Chattar link road. Notici...
Prem Singh Vs. Sulendra Thakur and anr.
Court: Himachal Pradesh
Decided on: Nov-06-2008
Reported in: 2009(1)ShimLC214
R.B. Misra, J.1. Heard learned Counsel for the parties.The present appeal has been preferred under Section 173 of the Motor Vehicles Act against the award dated 1.3.2001 passed by Motor Accidents Claims Tribunal, Bilaspur, H.P. (in short called 'Claims Tribunal'), whereby claimed petition preferred under Section 163-A of Motor Vehicles Act, 1988 by Sh. Prem Singh, has been dismissed.2. After adjudicating the claim petition, learned Claims Tribunal did not find any merit in the claim petition and, as such, dismissed the MAC case No. 3/2000 preferred before it. Being aggrieved, appellant has preferred the present appeal.3. During the course of hearing, learned Counsel for the appellant in the interest of appellant, has prayed to withdraw the main claim petition No. 3/2000 before learned Claims Tribunal with a liberty of this Court to approach the Commissioner Workmen's Compensation for availing appropriate remedy.According to the appellant, the prayer of withdrawal of claim petition No. ...
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