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Judgment Search Results Home > Cases Phrase: mediation Court: himachal pradesh Year: 2004 Page 1 of about 14 results (0.012 seconds)

Dec 22 2004 (HC)

Deepa Ram Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Decided on : Dec-22-2004

Reported in : (2005)IILLJ1054HP

..... could be used whenever considered fit to intervene in industrial disputes. this act was amended in the year 1938 authorising the central and provincial governments to appoint conciliation officers for mediating in or promoting the settlement of industrial disputes. shortly thereafter the government of india promulgated the defence of india rules to meet the exigency created by the second world war .....

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Jun 24 2004 (HC)

New India Assurance Co. Ltd. Vs. Amar Chand and ors.

Court : Himachal Pradesh

Decided on : Jun-24-2004

Reported in : III(2004)ACC52,2005ACJ1233

r.l. khurana, j.1. in an accident involving a maruti van no. hp 02-5013 which took place on 22.10.1996 at about 9.30 p.m. at gasaur, the respondent no. 1, amar chand, sustained multiple grievous injuries resulting into cent per cent permanent physical disability.2. the respondent no. 1 approached the learned motor accidents claims tribunal, bilaspur (for short, 'the tribunal') under section 166 of the motor vehicles act, 1988, seeking compensation to the tune of rs. 8,00,000. it was averred that accident had taken place due to rash and negligent driving on the part of the driver sanju kumar, respondent no. 3. respondent no. 1 pleaded that he was travelling in the offending vehicle as a passenger. respondent no. 2 roshan lal is alleged to be the owner and the appellant is alleged to be the insurer of the offending vehicle.3. the respondent nos. 2 and 3, while resisting the petition pleaded that the offending vehicle was owned by the respondent no. 1 himself having purchased the same from the previous owner, that is, respondent no. 2 on the day of accident itself vide agreement dated 22.10.1996. they specifically denied that the vehicle was being driven by respondent no. 3 or that the accident was as a result of rash and negligent driving on his part.4. the appellant denied the accident for want of knowledge. it denied its liability by pleading that the driver of the vehicle was not holding any valid and effective driving licence.5. the following issues were framed by the .....

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Jun 11 2004 (HC)

Bhagat Ram Vs. Satluj Jal Vidyut Nigam Ltd. and ors.

Court : Himachal Pradesh

Decided on : Jun-11-2004

Reported in : [2005(104)FLR734]

lokeshwar singh panta, j.1. partap singh petitioner no. 1, sarwan kumar petitioner no. 2, bhagat ram petitioner no. 3 and parma nand petitioner no. 4 filed this writ petition under articles 226-227 of the constitution of india seeking the following reliefs:(i) the respondents may be ordered to regularize the services of the petitioners as attendants/peons from the respective dates since when such vacancies become available with them and they may be required to pay all the consequential service benefits, and seniority etc. (ii) the respondents may be required to maintain seniority-list of the attendants/peons so that no discrimination is caused in any manner to the petitioners, (iii) that on the principle of 'equal wages for equal work', respondents may be ordered to pay such wages as are permissible to regularly recruited attendants/peons with effect from february, 1991, when each of the petitioners joined duties as attendants/peons, (iv) the respondents may be ordered to produce all the relevant record for the perusal of this hon'ble court so that the subject-matter of controversy may be determined in accordance with law. (v) any other suitable relief as deemed fit under the facts and circumstances of the case may kindly be allowed in favour of the petitioners and against the respondents.it may be pointed out at this stage that during the pendency of the writ petition, petitioner no. 1, petitioner no. 2, the petitioner no. 4 filed two applications being c.m.p. no. 940 of .....

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Oct 19 2004 (HC)

National Insurance Co. Ltd. Vs. Nant Ram and ors.

Court : Himachal Pradesh

Decided on : Oct-19-2004

Reported in : II(2005)ACC286,2005ACJ1408

v.k. gupta, c.j.1. a short point is involved for consideration, examination and decision in this appeal by the appellant insurer under section 173 of the motor vehicles act, 1988 against the judgment and award dated 11.8.2000 passed by the learned motor accidents claims tribunal (2), solan in m.a.c. petition no. 9-s/2 of 1997. the point is with respect to the decision/finding by learned tribunal on issue no. 4 relating to the validity of the driving licence allegedly possessed by respondent no. 3 herein hari krishan, who at the relevant time was the owner-cum-driver of truck no. his 496 which was involved in an accident on 8.3.1997 resulting in the death of deceased babu ram.2. following five issues were framed by the claims tribunal vide its order dated 20.4.1999:'(1) whether babu ram on 8.3.1997 while paddling cycle was hit by a truck bearing no. his 496 driven rashly and negligently by the respondent no. 1 as alleged? opp(2) if issue no. 1 is proved, whether the deceased babu ram sustained fatal injury to which he succumbed? opp(3) whether the petitioners are entitled for compensation, if so, to what extent and from whom? opp(4) whether the respondent no. 1 had no valid driving licence at the time of accident? opr-2(5) relief.'3. in this case, i am concerned only with respect to the tribunal's finding on the issue no. 4 inasmuch as whereas the tribunal by deciding issue no. 4 has held that the licence allegedly in possession of respondent no. 3 was a valid document, the .....

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Oct 18 2004 (HC)

National Insurance Co. Ltd. Vs. V. Bimla Devi and ors.

Court : Himachal Pradesh

Decided on : Oct-18-2004

Reported in : 2006ACJ402

v.k. gupta, c.j.1.the only ground of challenge in this appeal filed under section 173 of motor vehicles act, 1988 against the impugned judgment and award dated 6.12.1999 passed in m.a.c. case no. 51 of 1997 by learned motor accidents claims tribunal, bilaspur is that the driver of the offending vehicle at the time of the accident did not hold a valid driving licence.2. the following 5 issues were framed by the tribunal for adjudication:(1) whether deceased dile raj died in the accident of truck no. dl ig 0557 which was being driven rashly and negligently by truck driver, if so, its effect?opp(2) if issue no. 1 is proved in affirmative, to what amount of compensation, the petitioners are entitled and from whom?opp(3) whether truck driver was not having valid driving licence, if so, its effect?opr-2(4) whether the petition is bad for nonjoinder of necessary parties?opr-2(5) relief.3. issue no. 3 alone is relevant for our purposes in this appeal because the question of validity of driving licence involved in this appeal is the subject-matter of this issue. finding of the tribunal on issue no. 3, onus whereof was on the appellant insurer is contained in para 8 of the impugned judgment and award. i have seen para 8 and find that the tribunal has made a very pertinent observation to the effect that the appellant insurer did not lead any evidence to establish or prove the fact regarding the invalidity of the driving licence of the driver, except to produce three documents, being .....

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Apr 21 2004 (HC)

National Insurance Co. Ltd. Vs. Bhagwan Dass and ors.

Court : Himachal Pradesh

Decided on : Apr-21-2004

Reported in : 2005ACJ410

arun kumar goel, j.1. when c.m.p. no. 863 of 2003 was taken up today for consideration, the learned counsel for the parties in all these appeals submitted that keeping in view the limited controversy involved in these appeals, instead of tak- ing up this application for release of the amount, these may be finally heard and disposed of. it is for this reason that this appeal, i.e., f.a.o. no. 118 of 2001 and other three connected appeals, i.e., f.a.o. nos. 119, 122 and 123 of 2001 were heard and are being disposed of by this common judgment.2. facts relevant for determination of all these appeals based on the plea of the appellant insurance company are being briefly noted, which are as under:vehicle no. jkq 4689 met with an accident on 4.10.1997. this accident took place at 12.15 p.m. near nangabagh, phati bandrol, kothi raison, district kullu, himachal pradesh. respondents-claimants in all these cases urged that the accident was due to rash and negligent driving on the part of jaqoob ahmad, respondent, driver of the ill-fated vehicle. respondent sardari lal sharma was its owner and respondent piara singh was his attorney. in the aforesaid background, compensation was claimed by respondents-claimants in the proceedings initiated by them before the learned tribunal below. by means of the awards passed in all these cases, com- pensation has been awarded.3. before proceeding further, defence of the present appellant, i.e., insurance company in all the cases, may also be noted. it .....

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Apr 21 2004 (HC)

National Insurance Company Vs. Bhagwan Das and ors.

Court : Himachal Pradesh

Decided on : Apr-21-2004

Reported in : III(2004)ACC19

arun kumar goel, j.1. when cmp no. 863 of 2003 was taken up today for consideration, learned counsel for the parties in all these appeals, submitted that keeping in view the limited controversy involved in these appeals, instead of taking up this application for release of the amount, these may be finally heard and disposed of. it is for this reason that this appeal, i.e., fao no. 118 of 2001 and other three connected appeals, i.e., fao nos. 119,122 and 123 of 2001 were heard and are being disposed of by this common judgment.2. facts relevant for determination of all these appeals based on the plea of the appellant-insurance company are being briefly noted, which are as under:vehicle no. jkq 4689 met with an accident on 4.10.1997. this accident took place at 12.15 p.m. near nangabagh, phati bandrol, kothi raison, district kullu, himachal pradesh. respondent/claimants in all these cases urged that the accident was due to rash and negligent driving on the part of jaqoob ahmad-respondent driver of the ill-fated vehicle. respondent sardari lal sharma was its owner and respondent piara singh was his attorney. in the aforesaid background, compensation was claimed by respondent-claimants in the proceedings initiated by them before the learned tribunal below. by means of the awards passed in all these cases, compensation has been awarded.3. before proceeding further, defence of the present appellant, i.e., insurance company in all the cases, may also be noted. it is that the vehicle .....

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Apr 21 2004 (HC)

New India Assurance Co. Ltd. Vs. Dharmu and ors.

Court : Himachal Pradesh

Decided on : Apr-21-2004

Reported in : 2005ACJ1149

v.k. gupta, c.j.1. the following question of law has been referred to this full bench of three judges by a division bench of this court vide order dated 13.8.2002 passed in f.a.o. no. 74 of 1998 and in ninety-two other connected matters:'when a person is holding an effective driving licence within the meaning of sections 2(47), 3(1) and 10(2)(e) of motor vehicles act, 1988, whether such a licence still needs an endorsement authorising him to drive a particular type of vehicle as has been held in the decision of the division bench of this court reported in the case of new india assurance co. ltd. v. suraj parkash, 2001 acj 85 (hp)?'2. shorn of all unnecessary details and without going into the facts of individual cases, suffice it to say that the only issue which falls for our consideration in this reference is about the validity of a driving licence in the light of a specific provision of law contained in sub-section (2) of section 149 of the motor vehicles act, 1988 ('act' for short), whereby an insurer (insurance company) as is referred in sub-section (1) of section 149 of the act is entitled to defend action against it on any of the grounds mentioned in sub-section (2) of section 149 and one of the grounds mentioned being the condition excluding driving of a motor vehicle by a person who is not 'duly licensed' to drive such a vehicle. for ready reference, the relevant extract of sub-section (2) of section 149 is reproduced as under:'(2) no sum shall be payable by an .....

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Jul 12 2004 (HC)

Gountermann Peipers (India) Ltd. Vs. Union of India (Uoi) and ors.

Court : Himachal Pradesh

Decided on : Jul-12-2004

Reported in : [2005]126CompCas489(HP)

v.k. gupta c.j.1. this appeal under section 391(7) of the companies act, 1956, is directed against the judgment dated june 10, 2004, passed by a learned single judge of this court in company petition no. 13 of 2003 whereby, invoking section 22(1) of the sick industrial companies (special provisions) act, 1985 ('1985 act', for short), the learned single judge ordered that the proceedings in company petition no. 13 of 2003 (filed under sections 391 to 394 read with section 81(1a) and sections 100 to 103 of the companies act, 1956) would remain in abeyance till the board for industrial and financial reconstruction ('bifr' for short) decides the reference pending before it which had been made by the first appellant-company under section 15 of the 1985 act.2. the appellants had filed the aforesaid petition under sections 391 to 394, read with section 81(1a) and sections 100 to 103 of the companies act, 1956, being company petition no. 13 of 2003 in this court on november 17, 2003, for obtaining sanction and approval of a scheme of arrangement between both the appellant-companies and the shareholders and creditors of these companies. various prayers were made in the aforesaid company petition of the appellants with which we are not concerned in this appeal. the object of the aforesaid company petition, however, was to obtain sanction of this court to the aforesaid arrangement between the two appellant-companies and their shareholders and creditors whereby and whereunder the textile .....

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Aug 11 2004 (HC)

Shyam Lal Vs. Haru Ram and ors.

Court : Himachal Pradesh

Decided on : Aug-11-2004

Reported in : 2006ACJ749

arun kumar goel, j.1. this is owner's appeal against the award dated 1.7.2002, passed by the motor accidents claims tribunal, kullu, in claim petition no. 49 of 2001. learned tribunal below while recording findings on issue no. (iv) held that driver of the vehicle was not holding a valid driving licence to have driven a mini truck, a transport vehicle, therefore, the insurance company was exonerated and appellant as well as the driver of the vehicle were held liable jointly and severally to pay compensation to the tune of rs. 49,495, with interest at the rate of 9 per cent per annum from the date of petition, i.e., 29.3.2001 till payment. after having exonerated the insurance company, claim petition against it was dismissed.2. dr. lalit sharma, in support of this appeal submitted that accepting everything to be there against his client for the sake of argument, but without admitting, still the impugned award cannot be sustained against the appellant, as according to him, vehicle being insured with the insurance company was not in dispute. the same having met with accident on 3.11.1999 at about 2/2.30 p.m. was also not in dispute.3. there is evidence to suggest that haru.ram, respondent no. 1, as a result of the accident in question on 3.11.1999, was admitted in civil hospital, sainj and then he was shifted to civil hospital, kullu on 5.11.1999 where he remained as indoor patient till 18.11.1999. injuries sustained by him were on his leg, hips and chest. beside this, his left .....

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