Himachal Pradesh Court September 2008 Judgments
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Akshaya Sood and ors. Etc. Vs. State of H.P. and ors. Etc.
Court: Himachal Pradesh
Decided on: Sep-22-2008
Reported in: 2008(3)ShimLC388
Deepak Gupta, J.1. These three petitions are being disposed of by a common judgment. Two of the petitions, i.e. CWP No. 154 of 2004 and CWP 252 of 2004 are directed against the same order of the learned Tribunal dated 25.11.2003 passed in O.A. No. 1705 of 1993. CWP No. 339 of 1998 is directed against the order of the learned Tribunal dated 30.12.1997 passed in O.A. No. 422 of t992 whereby the original application filed by Shri Kulwant Rai was rejected.CWP No. 252/2004 and CWP No. 154/20042. The facts relating to these two petitions are that Shri Madan Lal Chauhan joined army service as a Short Service Commission Officer on 29.8.1981. He was discharged from the army on 8.7.1988. On his release from the army he appeared in the Himachal Pradesh Administrative Service and Allied Services Examination in the year 1988. He was selected as Excise and Taxation Officer (Class-II Gazetted) in October 1989 and joined the said post against a vacancy reserved for ex-serviceman, Shri Madan Lal Chauha...
The Oriental Insurance Company Ltd. Vs. Smt. Maya and ors.
Court: Himachal Pradesh
Decided on: Sep-19-2008
Reported in: 2009ACJ2419,2009(1)ShimLC104
Kuldip Singh, J.1. The insurer has come in appeal against the award dated 14.1.2004 passed by Motor Accident Claims Tribunal, Mandi in Claim Petition No. 24 of 2001 awarding Rs. 2,26,000 inclusive of amount already paid under no fault liability to respondents No. 1 to 4 along with 9% interest per annum from the date of filing of the petition till realization. The learned Tribunal held liable owner-cum-driver respondent No. 5 and appellant to pay the compensation.2. The pleaded case of respondents No. 1 to 4 is that Beas Dev (now deceased) was on tour for collecting orders of salt. On 15.5.2000 he was on his way to Reckong Peo and the vehicle No. HP-28-1156, in which he was traveling, met with an accident at Kelodhar near Karsog at 11.45 p.m. It was alleged that the accident was caused due to rash and negligent driving of respondent No. 5 who was driving the Jeep. Beas Dev died on the spot. He was 49 years and was dealing in salt, lime and was an agriculturist and earning Rs. 6000 per m...
Chief Editor Jansata and anr. Vs. Arun Sen
Court: Himachal Pradesh
Decided on: Sep-17-2008
Reported in: 2008(3)ShimLC193
Sanjay Karol, J.1. The present appeal arises out of the judgment and decree dated 18th March, 1999 passed by the District Judge, Solan, H.P. in Civil Suit No. 32-S/10 of 95/88 titled as Arun Sen v. Chief Editor Jansata and Anr.2. Respondent-Arun Sen (hereinafter referred to as the 'plaintiff') filed a suit for damages of Rs. 5,00,000/- against the present appellants (hereinafter referred to as the 'defendants') averring that the defendants had caused publication of defamatory news items in the Daily Newspaper 'Jansata' published on 22nd April, 1988 from Chandigarh.3. Initially the suit filed before this Court on 29th April, 1988 was registered as Civil Suit No. 52 of 1988, but, however, subsequently, vide order dated 25th March, 1995, the same was transferred to the District Judge, Solan.4. The trial Court, based on the pleadings of the parties, framed the following issues:1. Whether the suit is bad for misjoinder and non-joinder of necessary parties? ...OPD.2. Whether the defendant No...
Shyam Lal Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Sep-17-2008
Reported in: 2008(3)ShimLC370
V.K. Ahuja, J.1. This is an appeal filed by the appellant against the judgment of the Court of learned Special Judge, Kullu, dated 13.6.2006, vide which the appellant was held guilty under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, hereinafter referred to as the NDPS Act and was sentenced to undergo rigorous imprisonment for 10 years and pay a fine of Rs. 1.00 lac. In default of payment, of fine, the appellant was to further undergo imprisonment for two years.3. Briefly stated the facts of the case are that on 26.11.2004, PW-3 SI Joginder Singh, Incharge of Police Post, Manikaran, proceeded from the Police Post, Manikaran alongwith PW-1 HHC Hem Raj, PW-2 HC Yash Pal and HHC Nand Lal at 2.30 a.m. They laid a naka at Chhoj Nallah at 6.30 a.m. and found that the accused was coming on foot, carrying a pithu bag on his back. The accused became perplexed on seeing the police patty and was apprehended. The accused disclosed his name as Shyam Lal, a resident of Nepal. Th...
H.P.S.i.D.C. Vs. Manson India Pvt. Ltd. and ors.
Court: Himachal Pradesh
Decided on: Sep-15-2008
Reported in: 2008(3)ShimLC300
Deepak Gupta, J.1. This Appeal is directed against the judgment and decree dated 19.4.2000 passed by a learned Single Judge of this Court whereby he dismissed the suit filed by the appellant (hereinafter referred to as the plaintiff) against the respondents (hereinafter referred to as the defendants) for recovery of Rs. 23,77,049.55 alongwith interest and costs etc.2. Briefly stated the facts giving rise to the present case are that the defendant No. 1 M/s.. Manson (India) Pvt. Ltd. is a Company incorporated under the Indian Companies Act, 1956. It is not disputed that defendants 2 and 3 were the Directors of the said Company and they applied for grant of term loan of Rs. 21.49 lakhs for setting up an industrial unit. It is not disputed that an amount of Rs. 14.74 lacs as loan was sanctioned in favour of defendant No. 1 on 24.3.1984 and further loan amount of Rs. 6.75 lakhs was sanctioned on 10.10.1985. Loan documents were duly executed and the defendants 2 and 3 on behalf of the Compa...
Raju Vs. Jasbir Singh and ors.
Court: Himachal Pradesh
Decided on: Sep-15-2008
Reported in: 2009ACJ2249
Sanjay Karol, J.1. The present appeal arises out of the impugned award dated 28.7.2004 passed by the Motor Accidents Claims Tribunal, Shimla, H.P. in M.A.C. Case No. 80-S/2 of 1999 titled as Raju v. Jasbir Singh, awarding compensation of Rs. 2,20,000 to the claimant who sustained injuries and permanent disability to the extent of 45 per cent on both the lower limbs.2. The claimant has filed the present appeal seeking enhancement of compensation awarded by the Tribunal.3. Claim petition under Section 166 of the Motor Vehicles Act, 1988 was filed by the appellant Raju (hereinafter referred to as 'the claimant'), averring that he was travelling in truck bearing registration No. HP 07-2202 being driven by Shyam Lal, respondent No. 2 (hereinafter referred to as 'the driver') and owned by Jasbir Singh, respondent No. 1 (hereinafter referred to as 'the owner'). On 11.3.1999 due to the driver's rash and negligent driving the vehicle met with an accident in which the claimant sustained injuries...
Smt. Urmila Devi Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Sep-15-2008
Reported in: 2008(3)ShimLC480
Dev Darshan Sud, J.1. This suit has been instituted by Smt. Urmila Devi against the State for the recovery of a sum of Rs. 10,05,000/- on the allegations that she had undergone sterilization (laparoscopic) operation on 6.2.1998 at Institutional Camp Indora, conducted by defendants No. 1 to 3 and after undergoing surgery she was issued a certificate that the operation was successful and the plaintiff would not bear any children.2. It is pleaded that despite the laparoscopic surgery, the plaintiff conceived and was tested positive for pregnancy on 26.11.1999. Pursuant to this conception a female child was born to the plaintiff on 18.7.2000. The plaintiff alleges that conception was owing to the negligence of defendants No. 1 to 3 and that now she is saddled with the costs of raising a female child, educating her, bringing her up in life, marrying her and settling her in life. The purpose for laparoscopic surgery was to avoid the pregnancy and not to be burdened with the cost of another c...
Amita Sharma and ors. Vs. Muni Lal Verma and ors.
Court: Himachal Pradesh
Decided on: Sep-12-2008
Reported in: 2008(3)ShimLC442
Sanjay Karol, J.1. The present appeal arises out of an impugned Award dated 1.8.2003 passed by the Motor Accident Claims Tribunal, Solan, in M.A.C. Petition No. 8-S/2 of 2002, awarding compensation of Rs. 4,40,000/- to the claimants of deceased Shri Lekh Ram Sharma.2. The claimants; wife and four minor daughters of deceased Shri Lekh Ram Sharma filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), claiming compensation on account of the death of the deceased in an accident which occurred on 9.1.2001.On the basis of the pleadings of the parties, the Tribunal framed the following issues:(1) Whether Lekh Ram Sharma had died in the said accident on account of the rash and negligent driving of the offending vehicle by respondent No. 1? ...OPP(2) If issue No. 1 is decided in favour of the petitioners, whether the petitioners are entitled for compensation, how much and from whom? ...OPP(3) Whether the respondent No. 1 was not having a...
State Bank of India Vs. Anil Kumar Sharma
Court: Himachal Pradesh
Decided on: Sep-11-2008
Reported in: 2008(3)ShimLC359
Surinder Singh, J.1. The appellant has assailed the acquittal of the respondent, passed in Criminal Case No. 65/3 of 2000/96, decided on 3.3.2001 by the learned Chief Judicial Magistrate, under Section 138 of the Negotiable Instruments Act, in short 'the Act'.2. In brief, the facts giving rise to the instant appeal are that M/s Wadhwa Pharmochem (Pvt.) Limited, Kala Amb had obtained cash credit financial facility from the appellant bank, as such, its raw material, semi finished and finished goods stood hypothecated with the bank aforesaid. The respondent Company was duty bound to deposit its sale proceeds in the cash credit limit. According to the appellant, M/s. Wadhwa Pharmochem Pvt. Ltd., had sold their products to the respondent vide Bill No. 18-A for Rs. 3,50,003.50 paise and vide Bill No. 20-A for Rs. 4,43,535.30 paise, total Rs. 7,93,538.80 paise on 3.2.1996. The goods were dispatched through the transport Company and the documents were routed through the appellant-bank. The goo...
Vijay Kumar Vs. Presiding Judge, Labour Court and anr.
Court: Himachal Pradesh
Decided on: Sep-10-2008
Reported in: (2009)IILLJ121HP,2008(3)ShimLC217
Rajiv Sharma, J.1. A challenge has been laid by the petitioner to the award dated November 15, 2006 passed in Reference No. 71/1999 by the Presiding Judge, H.P. Labour Court, Shimla.The brief facts necessary for the adjudication of this petition are that the State Government has made the following reference to the Labour Court:Whether the action of the management of General De-Confeteria Ltd. Baddi in appointing Shri Vijay Kumar as a worker in the garb of a trainee w.e.f. November 9, 1995 and then termination of his services w.e.f. May 11, 1998 without any notice, chargesheet, enquiry and without compliance of Section 25-F of the Industrial Disputes Act, 1947, is legal and justified. If not, to what relief of consequential service benefits including back wages, seniority and amount of compensation Sn. Vijay Kumar is entitled?2. In sequel to the reference made by the State Government, the petitioner has filed the statement of claim. He has primarily contended in the claim petition that ...
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