Court : Himachal Pradesh
Reported in : I(1991)DMC490
Devinder Gupta, J.1. In this Letters Patent Appeal, the appellant has challenged the judgment of the learned Single Judge dated March 7, 1990, allowing the appeal of the husband respondent, whereby the judgment and decree dated June 30, 1989, passed by the District Judge, Shimla, was set aside and a. decree for divorce was granted dissolving the marriage between the parties.2. Marriage between the parties was solemnised on November 7, 1980, at Nirankari Colony, Delhi. A son named Saravpreet was born on January 4, 1982. After the marriage, the parties resided at Ranchi, Bangalore and Shimla. At the time of marriage the husband was holding the rank of Captain in the Indian Army and remained posted at Ranchi and Bangalore but subsequently left the job to assist his widowed mother in managing the family business at Shimla. The relations between the parties became strained in the year 1985 and ultimately on August 13, 1986, a petition under Section 13 of the Hindu Marriage Act, 1955 (Act No...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2006(1)ShimLC126
Deepak Gupta, J.1. This appeal by the appellant - HRTC is directed against the award of the Motor Accident Claims Tribunal (2), Shimla in MAC Case No. 74-S/2 of 1997 decided on 1.8.2000 whereby he has awarded compensation of Rs. 2,87,000/- in favour of the claimant.2. The claimant has also filed cross-objections and the delay in filing the cross-objections has been condoned vide separate order dated 25.11.2005. Both, the appeal and the cross-objections are now being disposed of by this judgment.3. The brief facts necessary for decision of the case are that a claim petition filed by claimant Inder Singh alleging that he met with an accident while he was travelling in bus number HP07-1849 on 18.11.1996. According to the claimant, he is unable to do any work after the accident and is virtually bed ridden.4. The HRTC contested the claim petition and one of the pleas taken was that the driver had unauthorisedly taken the bus. The learned Tribunal has passed the award as aforesaid in favour ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(2006)ACC766,2007ACJ1386,2006(1)ShimLC154
Deepak Gupta, J.1. Neelam Anand, the appellant, was a happily married woman. She had a husband and two sons. She worked as a Special Assistant in Canara Bank at Ambala Cantt. On 17.4.1999 she alongwith her husband was traveling from Delhi to Solan in a vehicle bearing No. HR-01F-3692. Then tragedy struck. Near Shahbad there was a collision between this vehicle and another vehicle bearing No. PB-08Q-7535. Neelam Anand lost her husband, K.K. Anand in the said accident and she herself was seriously injured.2. The appellant suffered injury in the spine as a result of which her whole body below damages may vary according to the gravity of the injuries sustained by the claimant in an accident. On account of the injuries, the claimant may suffer consequential losses such as, (i) loss of earning; (ii) expenses on treatment which may include medical expenses, transportation, special diet, attendant charges etc., (iii) loss or diminution to the pleasures of life by loss of a particular part of t...
Tag this Judgment!Court : Himachal Pradesh
Reported in : II(2003)ACC739,2003ACJ1848,(2003)IIILLJ1113HP
Lokeshwar Singh Panta, J. 1. The question of law referred to the Full Bench by a Division Bench is whether the appeal by the Insurance Company under Section 30 of the Workmen's Compensation Act, 1923 (for short 'the Act') is maintainable without depositing the award amount unless the memorandum of appeal is accompanied by a certificate by the Commissioner under the Act to the effect that the appellant had deposited with him the amount payable under the order appealed against. This appeal under Section 30 of the Act has been filed by the National Insurance Company, being an insurer of a, vehicle bearing Registration No. HP-11-3842 which was the subject matter of the accident on March 14, 2001. In the said accident the son of the claimant-respondent No. 1 herein had died. The deceased was cleaner of the vehicle involved in the accident and the claimant had filed an application for compensation under the Act. In the application, the appellant-insurance company being the insurer of the veh...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1951HP75
Chowdhry, J.1. The learned Sessions Judge of Mahasu has by his judgment and order dated 21.4.1951 convicted Ranjha aged thirty, and Bhura, aged eighteen, under Section 302, read with Section 34, Penal Code, for having committed the murder of one Durga on the night between the 23rd and 24th August, 1950, and sentenced the former to death and the latter to transportation for life. They have both appealed, and the Sessions Judge has also submitted the proceedings to this Court for confirmation of the sentence of death passed on Ranjha. 2. That Durga met a violent death admits of no doubt. In the opinion of the doctor who performed the post-mortem, death was due to asphyxia caused by pressure on the wind pipe-obstructing respiration. According to him Durga died within a few minutes of suffocation. 3. The scene of murder was the deceased's doghari, or cattle-shed used also for human-habitation, in the jungle of Sawahu about ten miles from the nearest police outpost at Narkanda. Except for t...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2006HP97,2006(1)ShimLC397
Deepak Gupta, J.1. This appeal under Section 28 of the Hindu Marriage Act is directed against the judgment and decree dated 17.12.1999 passed by the learned District Judge, Mandi in H.M. Petition No. 27 of 1996 whereby the learned trial Court has granted a decree of divorce in favour of the husband.2. The brief facts relevant for the decision of the case are that the parties were married at Amritsar on 6.2.1994 according to Hindu rites. They last resided together in Mandi till December, 1995. Thereafter the wife went and resided with her parents at Amritsar. The husband instituted a petition for grant of divorce on 18.10.1996. The divorce was sought on the ground of cruelty. The instances of cruelty detailed in the petition are as follows:-(a) The wife on account of 'Sukhna' undertaken before marriage was to go to Nanaksar in Ludhiana on every Purnima (full moon) for five months after the marriage. Though there was direct bus to Ludhiana from Mandi, but the wife would insist to go to N...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1956HP28
Ramabhadran, J.C.1. These are two cross-appeals, which arise out of a suit on the basis of a contract for the sale of land, measuring 230 bighas 12 biswas and 10 biswansis, situate in village Badhwan Kasurla, ilaqa Bahl, Tehsil Sadar, district Mandi. On 21-5-1949, (corresponding to 8th Jeth, 2006) Sudarshan, defendant, executed an agreement, Ex. P. A, whereby he undertook to sell the land mentioned above to the plaintiff, Mian Chuha Singh, and one Hem Prabh in equal shares for a total consideration of Rs. 22,000/-.In the body of the agreement, Sudarshan admitted receipt of half the sale consideration, namely, Rs. 11,000/-. The balance was to be paid, when the sale-deed was registered. In the event of any default on the part of the defendant, he was to make good to the plaintiff, not only the sum of Rs. 11,000/- already received, but a further sum of Rs. 11,000/- by way of damages.The plaintiff's case was that the defendant failed to perform his part of the contract and mortgaged the la...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1985HP53
P.D. Desai, C.J.1. The petitioners are residents of Shimla and they are registered as voters in the electoral rolls of the Shimla Assembly Constitutency. The first petitioner was also an elected member of the Shimla Municipal Committee (hereinafter to be referred to as 'the Municipal Committee') from 1960 to 1966.2. The Local-Self Government in the town of Shimla has passed through several vicissitudes. The last general election to the Municipal Committee was held sometime in 1960 under the provisions of the Punjab Municipal Act, 1911 (hereinafter to be referred to as the 'Punjab Act') which was thin applicable to the local area declared to be the Municipality of Shimla. By a notification dt. May 16, 1966, which was published in the Punjab Government Gazette (Extraordinary) dt. May 17, 1966, the Governor of Punjab superseded the Municipal Committee with immediate effect in exercise of the powers conferred by Section 238 of the Punjab Act and directed that all powers and duties of the M...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2000HP123
Lokeshwar Singh Panta, J.1. The above two appeals have been placed before us and we are called upon to answer the following question :--'Whether a Civil Suit filed by a tenant who has been dispossessed without his consent from his tenancy or any part thereof is time barred having regard to the provisions of Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953?'2. The facts so far as necessary for understanding the controversy may now bestated :Jyoti Ram had filed a suit for possession of lands situate is Mauja Taruwala, Tehsil Paonta Sahib, District Sirmaur on the allegations that the respondents-defendants had been owners in possession of the land in village Taruwala, out of which they had sold 12 bighas 11 biswas to the appellant-plaintiff and others on 19-7-1960 and had kept with them 11 biswas of land out of khasra No. 104. They then migrated to Uttar Pradesh. In 1968-69, respondents-defendants came back to the village and they found the plaintiff in possessi...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1985HP32
V.P. Gupta, J. 1. Aggrieved from the judgment dt. 26-7-1971 passed in C.W.P. No. 17 of 1969, the appellant has filed the present appeal. The appellant is a landowner in the State of Himachal Pradesh. The Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953 (hereinafter called the Act) was enforced in Himachal Pradesh from 26-1-1955. Under Section 27 of the Act certain landowners were to be divested of their ownership rights and the right, title and interest of these owners in the land was to vest in the State Government free from all encumbrances provided the landowner was holding land with an annual land revenue which exceeded Rs. 125/- per year. Mutations regarding the transfer of ownership rights were to be sanctioned under Section 27 of the Act read with the rules framed under Section 18 of the Act. Two mutations Nos. 1789 and 1790 were attested with respect to the land of the appellant by Tehsildar, Sunder Nagar on 27-6-1963 and 28-6-1963 respectively with t...
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