Himachal Pradesh Court January 2014 Judgments
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Shiv Kumar Vs. Sunita Devi and Another
Court: Himachal Pradesh
Decided on: Jan-11-2014
Rajiv Sharma, J. 1. This petition is directed against the order dated 21.6.2013 rendered by learned Additional Sessions Judge-1 Kangra at Dharamshala in Criminal Revision No.9-P/2012, whereby he has upheld the order dated 21.10.2011 rendered by the learned Chief Judicial Magistrate, Kangra at Dharamshala in Criminal Petition No.47-IV/2008. 2. œKey facts? necessary for the adjudication of this petition are that the marriage between Shiv Kumar (hereinafter referred to as the œpetitioner for the sake of convenience) and Sunita Devi (hereinafter referred to as œrespondent No.1? for the sake of convenience) was solemnized as per Hindu rites at Village Rasan, Tehsil Dharamshala, District Kangra. Out of the wedlock, respondent No.2 Kumari Ashima was born on 15.3.2008. According to respondent No.1, relations between the parties remained cordial for about 3-4 months after marriage. Even when she was pregnant, petitioner and his family members continued harassment and torment. ...
Harinder Katoch Vs. Smily Sharma
Court: Himachal Pradesh
Decided on: Jan-11-2014
Rajiv Sharma, J. 1. This petition is directed against the order dated 14.6.2013 rendered by learned Additional Sessions Judge Chamba in Criminal Revision No.2/13, whereby he has upheld the order dated 29.10.2012 rendered by the learned Chief Judicial Magistrate, Chamba, in Case No.91-IV/11. 2. œKey facts? necessary for the adjudication of this petition are that the marriage between Harinder Katoch (hereinafter referred to as the œpetitioner for the sake of convenience) and Smily Sharma (hereinafter referred to as the œrespondent? for the sake of convenience) was solemnized on 6.5.2006 as per Hindu rites at Chamba. The petitioner treated the respondent nicely for about 2-3 months after the marriage. Thereafter, he developed habit of drinking and started maltreating and beating the respondent under the influence of liquor. The petitioner gave severe beatings to the respondent in the month of August, 2006. Her jaw was got fractured. She was got treated by her parents. Th...
New India Assurance Company Ltd. Vs. Mrs. Ritu Upadhaya and Others
Court: Himachal Pradesh
Decided on: Jan-10-2014
Mansoor Ahmad Mir, ACJ 1. Appellant/insurer has questioned the award dated 14.1.2011, passed by the Motor Accident Claims Tribunal, Fast Track Court, Chamba, District Chamba (HP) in claim petition No. 20 of 2009 titled Smt. Ritu Upadhaya and others versus New India Assurance Co. Ltd. and others by the medium of this appeal, for short œimpugned award?. Brief facts: 2. Rakesh Kumar Upadhyay deceased, who was an employee of the National Hydro Electric Power Corporation Ltd./respondent No. 5 herein died in a vehicular accident which has been caused by the driver of the vehicle No. PB06G-4190, while driving the offending vehicle rashly and negligently, on 3rd March, 2009 at about 3.30 p.m. at Kangora Morh, Chaned Tehsil and District Chamba, HP. The deceased was a Chartered Accountant being Assistant Manager (Finance) in National Hydro Electric Power Corporation Ltd./respondent No. 5 and was drawing salary to the tune of `37,746/- per month. 3. Respondents No. 1 to 3 filed the claim pe...
Vishal Nanda Vs. State of Himachal Pradesh and Another
Court: Himachal Pradesh
Decided on: Jan-10-2014
Rajiv Sharma, J. 1. This petition under section 482 of the Code of Criminal Procedure has been filed for quashing FIR No. 297/2010 dated 18.12.2010 and also for quashing proceedings in case No. 186/2/11, titled State Vs. Jawahar Lal Nanda and others pending in the court of Judicial Magistrate 1st Class (Court No.1), Kasauli, District Solan. 2. œKey facts? necessary for the adjudication of this petition are that marriage between petitioner and respondent No.2 was solemnized according to Hindu rites and custom on 29.11.2002. Respondent No.2 initially resided with petitioner in the house of his father at Panchkula (Haryana). A son was born out of the wedlock. Relations between petitioner and respondent No.2 became strained after few years. Father of the petitioner Sh. Jawahar Lal Nanda told petitioner to make separate arrangement for himself and his wife, i.e. respondent No.2. Respondent No.2 filed an FIR No.297/2010 dated 18.12.2010 under section 498-A, 506 read with section 34 of ...
United India Insurance Company Ltd., Through Its Divisional Manager Vs ...
Court: Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla
Decided on: Jan-09-2014
Chander Shekhar Sharma, Presiding Member: 1. This appeal is directed against the order dated 03.08.2013, passed in Consumer Complaint No.74/2012 by the Ld. District Consumer Disputes Redressal Forum, Kullu, H.P., whereby the opposite party was directed to pay an amount of Rs.1,90,000/- to the complainant alongwith interest @9% per annum from the date of filing of the complaint till (United India Insurance Co. Ltd. VS. Smt. Rukmani Devi) realization. The opposite party was further directed to pay an amount of Rs.5,000/- to the complainant for mental harassment and Rs.3,000/- as costs of the litigation. Parties are hereinafter referred to as per their status in the complaint. 2. Facts of the case within narrow compass are that the complainant who is owner of Mahindra and Mahindra pick up jeep bearing registration number HP-34B-0393, had insured his vehicle with the opposite party w.e.f 08.04.2008 to 07.04.2009. On 10.05.2008, driver Anil Kumar had taken the jeep towards Banjar, but he di...
Atulya Sood Vs. National Insurance Company Ltd.
Court: Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla
Decided on: Jan-08-2014
Justice (Retd.) Surjit Singh, President (Oral) 1. Appellant is aggrieved by the order dated 21.10.2013, of learned District Consumer Disputes Redressal Forum, Solan, whereby his complaint, under Section 12 of the Consumer Protection Act, 1986, which he filed against the respondent, seeking a direction to the respondent to pay Rs.1,14,532/-, with interest at the rate of 18.5% on account of insurance money and compensation, has been dismissed. 2. Appellant had taken a policy from the respondent, covering risk of his death and injuries sustained in personal accident. Policy was effective from 11.09.2009 to 10.09.2010. Appellant allegedly suffered an injury of left Achilles tendon, which caused temporary total disablement from 21.10.2009 to 03.03.2010. Besides being unable to pursue and follow his occupation during the aforesaid period, he spent a sum of Rs.8,532/- on treatment. He lodged a claim with the respondent seeking reimbursement of medical expenses and also compensation for the pe...
Manish Verma and Another Vs. Sunny
Court: Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla
Decided on: Jan-08-2014
Chander Shekhar Sharma, Presiding Member: 1. This appeal is directed against the order dated 06.09.2012, passed in Consumer Complaint No.121/2011 by the Ld. District Consumer Disputes Redressal Forum, Una, H.P., whereby the opposite parties were held jointly and severally liable and directed to refund/pay Rs.7.60 lacs alongwith interest @9% per annum, from the date of filing of the complaint i.e. 28.10.2011 till the said amount is paid or realized. Opposite parties were further directed to pay Rs.1.00 lacs, as punitive compensation and costs of the complaint which was assessed at Rs.5,000/-. Parties are hereinafter referred to as per their status in the complaint. 2. Facts of the case as they emerged from the complaint file are that after passing the intermediate examination in medical stream, he was interested to get the admission in the M.B.B.S. Course and he saw advertisements in different newspapers that opposite parties are running Medical Collage in the name of Swami Institute of...
Oriental Insurance Company Ltd., Through Divisional Manager Vs. Nihal ...
Court: Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla
Decided on: Jan-03-2014
Justice (Retd.) Surjit Singh, President (Oral) 1. Present appeal is directed against the order dated 06.09.2013, of learned District Consumer Disputes Redressal Forum, Mandi, whereby a complaint, under Section 12 of the Consumer Protection Act, 1986, filed by respondent-Nihal Singh against the present appellant, has been allowed and a direction given to the appellant to settle the claim of the respondent-complainant within one month positively and also to pay Rs.10,000/- as compensation and Rs.3,000/- as litigation expenses. 2. Respondent owned a light transport vehicle, which was insured with the appellant for the period from 21.06.2011 to 20.06.2012. Vehicle met with an accident on 16.10.2011 and was completely damaged. Report was lodged with the police on the very day of the occurrence of the accident. Intimation of the accident was given to the appellant also and formal claim was lodged thereafter. A surveyor deputed by the appellant assessed the loss at Rs.1.89 lacs and categorize...
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