Court : Himachal Pradesh
Reported in : AIR1995HP15
..... distribution for the common good of the people and would be clearly covered by clause (b) of article 39.86. in sanjeev coke ., air 1983 sc 239 constitutional validity of coking coal mines (nationalisation) act, 1972 and the coal mines (taking over of management) act. 1973 was under challenge. the court held that when article 39(b) refers to material ..... or use in the material world is material resources and the individual being a member of the community his resources are part of those of the community............. nationalisation of transport as a distributive process for the good of the community.'85. in state of tamil nadu v. abu kavur bai, air 1984 sc 326, ..... the same for common good.84. in state of karnataka v. ranganatha reddy, air 1978 sc 215, the karnataka contract carriages acquisition act, 1976 for nationalisation of contract carriages in the state was challenged on the ground that there was no real and substantial nexus between the purpose of the acquisition and securing the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1976HP24
D.B. Lal, J.1. These seven appeals arising under Section 110-D of the Motor Vehicles Act are directed against the decision of the Motor Accident Claims Tribunal adjudicating upon claims for compensation in respect of an accident involving death of three persons namely Ved Prakash Chopra. Narendra Kumar Arora and Devi Lal.2. On 1-2-1969 at about 6 P. M. a bus HRA-1244 belonging to Haryana Roadways was proceeding from Simla to Chandigarh. When it reached milestone No. 50 on Simla-Kalka road at a place known as Koti. it was accosted by a truck HRA-1759 loaded with bricks coming from the opposite direction. While the bus was crossing the truck its hind portion struck against the truck and the impact pushed it towards the left breaking the parapet wall with the result that it rolled down and fell inside a khud. As a result of that accident Ved Prakash Chopra and Narender Kumar Arora were killed on the spot, while Devi Lal received multiple injuries and was removed to PGI Hospital. Chandigar...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1980HP16
T.U. Mehta, C.J.1. All these eight appeals arise out of the compensation award given by Motor Accidents Claims Tribunal, Kangra Division to various claimants. All of them contain some common points of law. These claims have arisen out of the same motor accident and, therefore, some of the important facts relating to all these cases are also the same. In view of this, we propose to dispose of the common points arising in these appeals by a common judgment. After disposing of these common points, we shall take up the individual appeals and shall dispose of individual cases on merits 2. Facts of the case are that on 9th October, 1970, a passenger bus, which at the relevant time belonged to the Government transport, and which was having No. HIM 4174, was travelling from Tisa. It was bound for Chamba. When this bus arrived at a place known as Majra Ghar at 3 p.m. on that day, it met with this unfortunate accident in which 44 persons died and 11 were injured. The claims with which we are con...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1988HP49
1. The accident giving rise to this appeal occurred on Oct. 21, 1973, at about 4.30 p.m. in village Bhumain, Tehsil Nalagarh, District Solan. The husband of the first appellant and the father of the rest of the appellants, aged about 32 at the material time, died as a result of the injuries received by him in the course of the said accident.2. The vehicle involved in the accident, truck No. HPB 154, was owned by the Himachal Pradesh Public Works Department (first respondent). It was being driven at the material time by the second respondent, an employee of the first respondent.3. In the claim petition instituted by the appellants, compensation was claimed in the sum of Rs. 2,40,000/-. The Motor Accident Claims Tribunal found that the accident had occurred on account of the negligent act of the second respondent in reversing the vehicle in a narrow street of the village without the assistance of the cleaner to guide him. The Tribunal assessed the loss of monthly dependency at Rs. 225/- ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : (2000)ILLJ544HP
D. Raju C.J.1. This batch of writ petitions is being dealt with together since they involve identical question of law as to the maintainability of a claim petition under Section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) for computation of the minimum bonus secured under the Payment of Bonus Act, 1965 (hereinafter referred to as the Bonus Act). The details of individual facts in each of these cases do not really matter for the appreciation and adjudication of the points raised except in two cases, namely in C.W.P. No.544 of 1993 and 647 of 1998. For the sake of record, the skeletal factual details in C.W.P. No. 4/92, C.W.P. No.544 of 1993 and C.W.P. No. 647 of 1998 alone may be adverted to.C.W.P. No.4 of 19922. This writ petition has been filed seeking for the issue of a writ of certiorari to call for and quashing the order of the Presiding Officer, Labour Court dated July 6, 1991 made in application No. 1 of 1991 filed by the respondents-workers ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1996HP38
D.P. Sood, J.1. By this writ petition under Article 226 of the Constitution of India, the petitioners seek the relief of issuance of appropriate writ., direction or order, directing the respondents to:i) complete the on-going land revenue settlement operations as Second Revised Settlement strictly in accordance with the intent of the two notifications one pertaining to the special revision of the existing records of right under Section 33 of the H. P. Land Revenue Act, 1953 and the other for general assessment of land revenue under Section 53 of the said Act;ii) withdraw Instructions Nos. 2, 4 and Supplementary Instructions Nos. 2, 23 and 32 of the Compendium of Instructions, issued by the 4th respondent (Settlement Officer);iii) bring up-to-date at re-settlement the field map of the previous settlement without recourse to re-measurement and preparation of the record of rights including wazib-ul-arz etc. strictly in accordance with Instructions contained in Para 222 of the Settlement M...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(3)ShimLC482
Rajiv Sharma, J.1. By way of this petition the petitioner has sought declaration from this Court to the effect that the orders dated 6.8.2002 and 27.9.2002 issued by respondent No. 2 are illegal.2. The brief facts necessary for adjudication of this petition are that the ancestors of the petitioner and thereafter her father and mother were non-occupancy tenants on the land comprised in Mauza Jungle Paul, Pargana Dharaunk Khata Number 1 min/14 Khasra No. 5/1 measuring 15-5 bighas. The proprietary rights were conferred on the mother and other widow after the death of father on 26.6.1976 by Assistant Collector Grade-II and accordingly mutation to this effect was attested in here favour vide mutation No. 19 (Annexure P-1). The proprietary rights have been conferred as per Section 104(3) of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 (hereinafter referred to as the 'Act').3. An amendment was carried out in Section 104 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 by ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : (2008)IILLJ8HP,2007(3)ShimLC202,2008(3)SLJ477(HP)
..... gratuity act, 1972 to appreciate the rival submissions of the parties. section 1(3) (b) and 4 which read as under:1(3) it shall apply to:(a) every factory, mine, oilfield, plantation, port and railway company;(b) every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [2005]57SCL225(HP)
Lokeshwar Singh Panta, J.1. This petition under Sections 391 to 394 read with Section 81 (1 A) and Sections 100 to 103 of the Companies Act, 1956 has been filed by Gontermann-Piepers (India) Limited with its registered office at Bharatgarh Road, Nalagarh, District Solan, Himachal Pradesh (hereinafter referred to Ist petitioner-Company; and G.P.I. Textiles Limited with its registered office at Bharatgarh Road, Nalagarh, District Solan (hereinafter referred to 2nd petitioner-company) praying for the sanction of the modified Scheme of Arrangement filed with the petition as Exhibit-'A' to be binding with effect from the 1st day of January, 2003 on both secured and unsecured creditors.2. Ist and 2nd petitioners-Companies had earlier filed Company Petition No. 12 of 2003 in this Court under section 391(3) of the Companies Act, 1956 praying for convening the meeting of the shareholders of both Companies for consideration and approval of the Scheme of Arrangement between Ist petitioner-Company...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1982HP97
..... specified class or area the state as a whole may ultimately and indirectly be benefitted would not detract from the character of the levy as a fee.' see hingir rampur coal co. ltd. v. state of orissa, (1961) 2 scr 537 at p. 549 : (air 1961 sc 459 at p. 466). it is also generally necessary that the payments demanded for .....
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