Court : Himachal Pradesh
Decided on : Jun-26-2008
Reported in : 2008(3)ShimLC121
R.B. Misra, J.1. The present letters patent appeal has been preferred against the order dated 21.5.2003, whereby, learned Single Judge has allowed Civil Writ Petition No. 41 of 1998 preferred by the respondent.2. By the impugned order dated 25.6.1996 challenged in the aforesaid writ petition, the service of the respondent herein was terminated in exercise of powers under Regulation 39(1)(f) of Life Insurance Corporation of India (Staff) Regulations, 1960 (in short called 'Regulations') for the alleged charge of unauthorized absence of more than 90 days.3. In order to adjudicate the present appeal, it is necessary to give a back ground of the case. The respondent had joined as Assistant Administrative Officer in the Life Insurance Corporation (in short called 'Corporation') in the year 1992 and for alleged unauthorizedly absence from duty from 25.9.1995, a charge-sheet-cum-show-cause notice dated 14.2.1996 was served to the respondent on his permanent address shown in his service. By th...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jul-11-2008
Reported in : 2009ACJ108,[2008(119)FLR1019],2008(2)ShimLC424
Rajiv Sharma, J.1. The present F.A.O. has been preferred against the award dated 6.8.2003 passed by the learned Commissioner under the Workmen's Compensation Act, 1923.2. The brief facts necessary for the adjudication of this appeal are that respondents No. 1 to 4 (hereinafter referred to as the claimants for convenience sake) had filed petition under Section 22 of the Workmen's Compensation Act, 1923 for grant of compensation on account of death of Smt. Kamla Bhadur in an accident during the course of her employment when the Malgi Bridge under construction in Tehsil Suni suddenly collapsed on 11.12.1997. The respondents No. 5 and 6 filed joint replies. Respondent No. 7 has also filed reply to the claim petition. He has admitted that the deceased workman, who died on 11.12.1997 in the accident, was his employee. The appellant-Insurance Company has also filed reply to the claim petition. The learned Commissioner awarded a sum of Rs. 3,27,707/- as compensation amount in favour of the cla...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jul-23-2008
Reported in : 2009ACJ735,2008(2)ShimLC439
Deepak Gupta, J.1. This appeal and cross-objections are directed against the award of the learned Motor Accident Claims Tribunal-II, Kangra at Dharamshala, H.P. dated 20.9.2003 whereby the claim petition filed by the appellant (hereinafter referred to as the claimant) has been partly allowed and compensation of Rs. 1,14,000/- has been awarded. Aggrieved by the said award, the claimant has filed the present appeal praying for enhancement of compensation. Respondent No. 1, who is owner-cum-driver of the vehicle involved in the accident has filed the cross-objections in which the award has been challenged on two grounds, firstly, that the findings of the learned Tribunal that the accident occurred due to rash and negligent driving of respondent No. 1 is illegal and secondly that the compensation awarded is highly excessive.2. Briefly stated, the facts of the case are that the claimant filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 before the learned Motor Acciden...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jul-31-2008
Reported in : 2008(2)ShimLC491
Deepak Gupta, J.1. This Revision Petition under Section 25(5) of the H.P. Urban Rent Control Act, 1987 (hereinafter referred to as the Act) is directed against the order of the learned Appellate Authority, Shimla in CMA No. 60-S/14 of 2001 whereby the appeal filed by the respondent (hereinafter referred to as the tenant) has been allowed, the order of the Rent Controller has been set-aside and the petition for eviction filed by the present petitioner (hereinafter referred to as the Landlord) on the ground of personal bona fide requirement has been set-aside.2. The undisputed facts are that the landlord is owner of the demised premises situated in building known as Tunnel View, Sanjauli, Shimla-6 consisting of two bed rooms with attached bath room and latrine, drawing-cum-dining room, kitchen and balcony. These premises were purchased by the landlord in the year 1986. Thereafter, the landlord had rented out the premises to one Sh. B.K. Chauhan. According to the landlord, when he got mar...
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