Court : Himachal Pradesh
Decided on : Dec-17-1996
Reported in : AIR1997HP51
M. Srinivasan, C.J.1. I. PREFACE :This petition was filed by a Professor of H.P. University who was in service, at the time when it was filed, in Himachal Pradesh University, Shimla. The prayer in the petition is to declare the amendments made by the Himachal Pradesh University Amendment) Act. 1983 to Himachal Pradesh University Act, 1970 as illegal, ultra vires, prompted by wrong information, based on erroneous presumptions, a fraud on the Legislature, inconsistent with and repugnant to the objects of the principal Act, violative of the basic structure and essential features of the constitution of the University, a source of confusion and contradictions, lending to convert an autonomous institution into an agency or instrumentality of the State, harmful to the public interest, and quash the same. There is also another prayer to declare illegal and ultra vires the amendments in Sections 8 and 12 of the First Statutes of the University brought in by a notification No.3-l/76-HPU(Genl)Vol...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Apr-03-1996
Reported in : 1997CriLJ339
R.L. Khurana, J.1. The two appellants have been convicted for the offence under Section 376, IPC by the Additional Sessions Judge (I), Shimla and sentenced to undergo rigorous imprisonment for a period of eight years each. The two appellants have further been sentenced to pay a fine of Rs. 2,000/- each and in default of payment of fine, they have been directed to undergo rigorous imprisonment for a further period of one year each.2. The two appellants are alleged to have committed the offence of rape in question on 22-7-1986.3. The prosecution story may be briefly stated thus. PW.2, the prosecutrix Kumari Sumitra and PW. 3 Kumari Savita are real sisters. They are resident of village Pohach, Pargana Satota, Tehsil Chopal, District Shimla. One Kumari Kanta is their cousin. All the three were studying in a Middle School near their village. For going to the school from their village, they had to travel through a forest known as Jatania forest. The prosecutrix Kumari Sumitra at the relevant...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jan-04-1996
Reported in : AIR1997HP5
1. This appeal is directed against the judgment and decree dated 23-8-1984 passed by the District Judge, Mandi, Kullu & Lahaul Spiti Districts at Mandi in Appeal No. 92 of 1982, whereby the judgment and decree dated 30-4-1982 passed by Sub-Judge 1st Class, Kullu decreeing the suit of the Bank, was modified and decree for a sum of Rs. 13,849-73 paise with cost was passed in favour of the plaintiff and against defendants 1 to 3.2. Central Bank of India is a corporate body. Its branch is situated at Bhuntar, tehsil' and District Kullu. The respondent No. 1-Bank herein was the plaintiff, M/s. Shere-Punjab Cloth Depot and its sole proprietor Sh. Dharam Singh Bhatia - the principal debtors (respondents 2 and 3 herein) were defendants 1 and 2. Sh. Roshan Lal (original appellant and Sh. Santokh Singh (respondent No. 4 herein) were guarantors-defendants 3 and 4. The respondent-Bank filed a suit forrecovery of Rs. 13,849-73 paise along with interest at the rate of 15 per cent per annum and misce...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Dec-02-1996
Reported in : 1998ACJ908
Kamlesh Sharma, J.1. Appellant No. 1, Jagar Nath, is the father and appellant No. 2 Nirmla, is the widow of the deceased, Mohan, who was working as beldar in Lift Irrigation Scheme, Killor Pump House at Paonta Sahib. On 5.9.83, he was deputed to go from Killor Pump House to Khodri Pump House. Accordingly when he was on his way to Khodri Pump House, due to heat and fatigue he fell down from his bicycle on the road at about 4.30 p.m. and died.2. The appellants filed application under Section 4 of the Workmen's Compensation Act, 1923 (hereinafter called 'the Act') for awarding them compensation alleging that said Mohan had died during the course of his employment and they are entitled to compensation on the basis of his monthly wages of Rs. 750/-. The application was opposed by respondent No. 1 on the preliminary objection that the appellants were not entitled to any compensation as the workman had not died during the course of employment or while performing duties with them. On merits, i...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jan-01-1996
Reported in : 1997ACJ1180
Arun Kumar Goel, J.1. Brief facts giving rise to this appeal are that claimant filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 for compensation for injuries sustained by him in a motor accident on 10.12.1990 at Shimla (Khalini) at about 10 p.m. The case of the claimant was that he was Divisional Manager in the H.P. State Forest Corporation Ltd. and on 10.12.1990, he had come to Shimla in connection with his official duty in the office of Managing Director of respondent No. 2 in the official vehicle HIS 1311. This vehicle was insured with the appellant. Claimant further stated that on the fateful day at about 10 p.m., he was going to Khalini where he was to stay for the night but the vehicle met with an accident there. It was being driven by driver Jagdish Chand at a very high speed though the road had steep gradient and he had been asked not to drive it at such a high speed. The accident was the result of rash and negligent driving on the part of the driver. Cl...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Mar-04-1996
Reported in : I(1997)ACC251
Arun Kumar Goel, J.1. Brief facts giving rise to this appeal are that appellants filed a claim petition before the Motor Accidents Claims Tribunal, Shimla Division, Camp at Bilaspur, against the respondent No. 1, Amar Nath, owner, Parkash Chand, driver and New India Assurance Co. Ltd., insurer of tractor bearing registration No. 7141. Appellant No. 1 is the widow, appellant No. 2 is the minor daughter and appellant Nos. 3 and 4 are minor sons of late Inder Dev. During the course of proceedings pending before the Tribunal, parents of the deceased, namely, Himi and Sairu, were impleaded as proforma respondents and in the present appeal they are arrayed as appellant Nos. 5 and 6.2. Case as pleaded by the appellants was that deceased Inder Dev was working as a beldar in Beas Sutlej Link Project at Slapper Colony, District Mandi, H.P. On 21.1.1983 deceased along with three other-passengers are stated to have taken lift in the tractor near Slapper. These passengers were to get down at Barman...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Mar-04-1996
Reported in : 1997ACJ831
Bhawani Singh, J.1. This writ petition has been preferred by the parents of students who drowned in river Beas on 28.5.1995 seeking relief of inquiry by Central Bureau of Investigation finding out the causes for the tragedy, responsibility therefor, punishment to the guilty ones and adequate compensation from the school authorities.2. Dalhousie Public School, Bhadhani was established in the year 1970 with respondent No. 2 as its founder Chairman. It is located near village Bhadhani on Pathankot-Dalhousie Road. Currently, there are about 450 students in the school with turnover of Rs. 1,25,00,000/-. All the students were studying in V and VI Classes except Gurkirat Singh Grewal who was a student of IV Class and were staying in the hostel.3. 28.5.1995, being the last Sunday of the month, was a parents meeting day, therefore, as per the rules of the school, the parents/guardians were allowed to take the children/wards from the school premises and bring them back before 6.00 p.m. on the sa...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jul-16-1996
Reported in : 1997ACJ926
Arun Kumar Goel, J.1. This appeal at the instance of the insurance company hereinafter referred to as respondent No. 3 is directed against the order dated 15.3.1995 passed by Motor Accidents Claims Tribunal (2), Kangra at Dharamshala in M.A.C.P. No. 30-P/95, whereby application under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') filed by the claimants, has been allowed and the appellant has been directed to pay a compensation of Rs. 50,000/- under no fault liability to respondent Nos. 1 and 2 (hereinafter referred to as the claimants).2. The sole question involved in the present appeal is as to whether the amendment of Section 140 (2) of the Act as amended vide Motor Vehicles (Amendment) Act, 1994 is applicable from the date of its amendment or is applicable retrospectively to the pending cases also. In the background of this case the facts are within very narrow campus.3. Admitted facts are that the accident in the instant case took place on 16.6.1...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jul-03-1996
Reported in : 1997ACJ1002
Kamlesh Sharma, Actg. C.J.1. This appeal at the instance of insurer, Oriental Fire & Genl. Ins. Co. Ltd. against the award dated 9.1.1990 passed by Motor Accidents Claims Tribunal-I, Kangra Division at Dharamsala (hereinafter called 'the Tribunal') whereby an amount of Rs. 4,40,000/- (Rupees four lakh and forty thousand) was awarded to respondent-claimant Nos. 1 to 4, widow and children of Inder Mohan Vig, who died in an accident on 20.9.1987, when his motor cycle No. PAH 4116, on which he was a pillion rider, collided with truck No. HPM 1142 at a place Haathi Bhed about 7 kilometres from Kangra, which was driven by respondent No. 8 Suman Kumar and owned by respondent No. 5 Jagjit Singh Gurdeep Singh. The award amount is held payable by respondent No. 5 Jagjit Singh Gurdeep Singh, respondent No. 5 (ii) Gurdeep Singh, respondent No. 8 Suman Kumar and the appellant insurance company, who alone has challenged the award by way of this appeal.2. We have heard learned Counsel for the parties...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jun-06-1996
Reported in : 1998ACJ235
Arun K. Goel, J.1. By this common judgment, we propose to dispose of the four appeals, namely, National Insurance Co. Ltd. v. Bhag Devi, F.A.O. (MVA) No. 75 of 1994; National Insurance Co. Ltd. v. Deva Jean, F.A.O. (MVA) No. 76 of 1994; National Insurance Co. Ltd. v. Sewati Devi, F.A.O. (MVA) No. 78 of 1994; and National Insurance Co. Ltd. v. Leela Bhagati alias Leelawati, F.A.O. (MVA) No. 79 of 1994; since they have arisen out of the same accident. During the course of arguments, awards passed by the Motor Accidents Claims Tribunal, Shimla, were attacked by the appellant company on identical grounds, viz., that the insurance company did not charge any premium from the owner of the vehicle and there is no evidence on record to show that the passengers/injured were travelling in the vehicle along with their goods, which was a goods vehicle adapted and built for carriage of goods, none of such persons travelling in the said vehicle was carrying goods and there is no positive evidence to ...
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