Himachal Pradesh Court June 2009 Judgments
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Sh. Chaman Lal Alias Chaman Singh Vs. Collector, Land Acquisition, Hpp ...
Court: Himachal Pradesh
Decided on: Jun-23-2009
Sanjay Karol, J.1. The claimant-appellant has assailed the impugned award dated 15.9.2000 passed by Addl. District Judge, Mandi in Land Reference Case No. 60/1993, titled as Chaman Lal alias Chaman Singh v. Collector Land Acqusition, HPPWD, Mandi, Distt. Mandi, H.P. and Anr. The claimant is aggrieved of the fact that the Court below has not considered the relevant sale deeds referred to and relied upon by him for the reason that the vendor and the vendee were not produced to prove the same. 2. For the public purpose namely construction of 'Jogindernagar- Jimjima Road' the State Government intended to acquire the claimant's land in question. The notification dated 6.2.1992, issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was published in the H.P. Rajpatra on 15.2.1992. The Collector Land Acquisition passed his award No. 15 of 1992 on 30.5.1992. The Collector passed the award by determining different rates of market value for different catego...
Sheela Devi and ors. Vs. Tejwant Singh and ors.
Court: Himachal Pradesh
Decided on: Jun-23-2009
V.K. Ahuja, J.1. This is an appeal filed by the appellant/claimants for enhancement against the award passed by the learned Motor Accident Claims Tribunal, Shimla, (here-in-after referred to as the learned Tribunal) on 12.7.2004, vide which a sum of Rs. 5.00 lacs was awarded as compensation in favour of the appellant/claimants and as against the respondents. 2. Briefly stated the facts of the case are that the appellants as claimants filed a claim petition under Section 166 of the Motor Vehicles Act as against the respondents claiming compensation on account of death of Shri Prem Singh in an accident which took place on 27.10.2000. It was alleged that the deceased was traveling in the ill-fated bus bearing No. HP 25 0783 and the vehicle was being driven in a rash and negligent manner by respondent No. 2, driver of the bus. The deceased fell down from the back window of the bus, received multiple injuries and died in hospital on 31.10.2000. The income of the deceased was alleged as Rs. ...
State of Hp Through Secretary (Pwd) and ors. Vs. Rajinder Singh Chauha ...
Court: Himachal Pradesh
Decided on: Jun-22-2009
Sanjay Karol, J.1. In the present appeals the State as also the claimants have assailed the impugned award dated 22.11.2005 passed by the Additional District Judge, Shimla, H.P. in Land Reference No. 1-S/4 of 2002 titled as Rajinder Singh Chauhan v. State of H.P. and Ors. 2. The Court below has determined the market value of the acquired land and awarded different amounts of compensation with respect to different categories of land. 3. For the public purpose, namely, 'construction of Theog-Kotkhai-Hatkoti road, the State acquired the claimants land situated in village Badraina, Tehsil Kotkhai, District Shimla, H.P. The total acquired land is 2-2-0 bighas (approximately 2200 sq. yards). Notification intending to acquire the land, issued on 10.2.1997 under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), was published in the H.P. Rajpatra on 1.3.1997. The Collector, Land Acquisition, passed his award being No. PW-26/96 on 15.3.1999. Since no sale transa...
Sita Ram Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Jun-22-2009
Surinder Singh, J.1. In Sessions Trial No. 17/07, decided on 29th/30th September, 2008, by the learned Special Judge, Kullu, the appellant was convicted and sentenced to undergo Rigorous imprisonment for a period of six months and to pay a fine of Rs. 2,000/-under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short 'the Act' and in default of payment of fine to further undergo rigorous imprisonment for a period of one month, keeping possession 145 gms. Of Opium and the appellant was also held guilty for the offence punishable under Section 20 of the Act, for allegedly found in possession, Charas more than the small quantity and less than the commercial quantity, as such, sentenced to undergo to rigorous imprisonment for a period of four years and to pay a fine of Rs. 10,000/- and in default of payment of fine, he was further ordered to undergo rigorous imprisonment for a period of two months. 2. The sentences aforesaid passed under both the sections were or...
The Chairman, Hpseb and anr. Vs. Jasbir Kaur and ors.
Court: Himachal Pradesh
Decided on: Jun-19-2009
V.K. Ahuja, J.1. This is a regular first appeal filed by the appellants under Section 96 of the Code of Civil Procedure, against the judgment and decree, dated 25.11.2004, passed by the learned Additional District Judge (Fast Track Court), Una, vide which the suit of the respondents/plaintiffs for damages was decreed for a sum of Rs. 1,80,000/-, as against the appellant/defendants. 2. Briefly stated the facts of the case are that a suit for recovery of damages amounting to Rs. 3.00 lacs was filed by the plaintiffs as indigent persons. It was alleged that the applicants are the legal heirs of deceased Sucha Singh, who died on 3.11.1998, at about 9.30 a.m. It was alleged that the deceased had gone to the roof of his house to spread out wet tarpaulin and all of a sudden, touched the iron angle and was caught in the current of electricity leading to his death. It was also alleged that the defendants had not applied tape over the wire. The deceased died on the spot, was taken to the hospita...
Tek Chand Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Jun-19-2009
Surjit Singh, J.1. Revision petitioner is aggrieved by his conviction and sentence, for offences, punishable under Sections 279, 337 and 304-A of the Indian Penal Code, and Section 180 of the Motor Vehicles Act, by the trial Court and the dismissal of his appeal against the said conviction, by the Sessions Court. So, he has preferred the present Revision Petition. 2. Appellant has been sentenced by the trial Court to undergo simple imprisonment for three months and to pay fine of Rs. 500/- for offence, under Section 279 of the Indian Penal Code; simple imprisonment for three months and fine of Rs. 200/- for offence, under Section 337 of the Indian Penal Code; imprisonment for six months and fine of Rs. 500/-, for the offence, under Section 304-A of the Indian Penal Code; and simple imprisonment for one month and fine of Rs. 250/- for offence, under Section 180 of the Motor Vehicles Act. Whether reporters of the local papers may be allowed to see the judgment? 3. Case of the prosecution...
Hem Lata Vs. Himachal Road Transport Corporation and anr.
Court: Himachal Pradesh
Decided on: Jun-19-2009
Rajiv Sharma, J. 1. The husband of the petitioner Sh. Inder Singh was appointed as a Driver in the respondent-corporation on 8.12.1987. A notice was issued to Sh. Inder Singh on 11.2.1999 whereby the appointing authority had come to a conclusion that he was not a fit person to be retained in the service of the corporation and penalty of removal was proposed. He was granted 15 days time to submit his representation. He filed reply/representation on 5.3.1999. He was removed from the service of the respondent- corporation vide office order dated 25.4.2000. He preferred an appeal against the same on 29.7.2000 and as per the averments contained in the petition it was rejected on 9.4.2001. 2. Ms. Ranjana Parmar, Advocate has strenuously argued that late husband of the petitioner Sh. Inder Singh could not be removed without holding regular inquiry under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. She also contended that Sh. Inder Singh was permanent...
Collector Land Acquisition Hp. Pwd. and ors. Vs. Shri Hukam Ram and or ...
Court: Himachal Pradesh
Decided on: Jun-19-2009
Sanjay Karol, J.1. The present appeals arise out of the same impugned award hence are being heard and disposed of together. 2. For the public purpose namely 'construction of Kullu Manali Left Bank Road' the State Government acquired land belonging to land owners including the claimants herein. The notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) issued on 8.4.1999 was published in the H.P. Gazette on 22.4.1999. The Collector passed his Award No. 3 of 2000 dated 21.2.2000 (Ext. PA) determining the market value of the acquired land as under: Kind of land Area Per Bigha value Market value ofthe acquired land.Bagicha Ropa 0-10-16 7,41,612.00 4,00,470.00Ropa Dom 0-13-9 5,96,514.00 4,01,156.00Ropa Som 0-13-0 4,40,668.00 2,86,434.00Gair Mumkin 0-1-7 69,862.00 4,716.00Total: Rs. 10,92,776.003. The extent and particulars of the acquired land are as under:Sr. No. Kind of land Area under acquisition1. Bagicha Ropa 0-10-16 bighas2. Ropa Dom 0-13-9...
The United India Insurance Co. Vs. Ranjit Singh and ors.
Court: Himachal Pradesh
Decided on: Jun-19-2009
Sanjay Karol, J.1. The insurer M/s. United India Insurance Co. Ltd., has filed the present appeal assailing the impugned Award dated 31.8.2007 passed by the Motor Accidents Claims Tribunal, Hamirpur, H.P., in MAC Petition No. 59 of 2006 titled as Ranjit Singh and Ors. v. Sandeep Kumar and Anr., awarding compensation of Rs. 4,05,500/- along with interest @9% from the date of the filing of the petition upto the date of payment of the awarded amount. 2. The challenge by the insurer is limited on the ground that the deceased herself was responsible for the injuries sustained by her in the accident and, as such, had contributed to the negligence attributable to the respondent Shri Sandeep Kumar. 3. The claimants i.e the husband and the children filed a petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), claiming compensation of Rs. 7 lacs on account of the death of their predecessor-in- interest, Smt. Parkasho Devi who died in a motor accident ...
Dharam Singh and ors. Vs. State of Himachal Pradesh and ors.
Court: Himachal Pradesh
Decided on: Jun-19-2009
Rajiv Sharma, J. 1. Brief facts necessary for the adjudication of this petition are that the predecessor-in-interest of respondents No. 2 to 8 Sh. Parmanand was owner of old Khasra No. 804, 797/1 and 809/1. This land was in possession of Dhungal, predecessor in interest of the petitioners as tenant. An application in form LR-V was filed by the owner Sh. Parmanand for redemption of land as per the provisions of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 and the rules framed thereunder. The Land Reforms Officer passed order on 28.1.1977. Khasra No. 797/1, 804/1 and 809/1 were ordered to be resumed by Sh. Parmanand and with regard to remaining land; the proprietary rights were conferred upon the predecessor-in-interest of the petitioners Sh. Dhungal. Sh. Dhungal preferred an appeal against the order dated 28.1.1977. He dismissed the appeal on 17.3.1981. However, it appears from the record that Sh. Dhungal preferred another appeal before the Collector, which was decided in his...
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