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Judgment Search Results Home > Cases Phrase: mediation Sorted by: old Court: himachal pradesh Year: 2003 Page 1 of about 8 results (0.007 seconds)

Jan 03 2003 (HC)

Indian Bank Vs. Deepak Verma and ors.

Court : Himachal Pradesh

Decided on : Jan-03-2003

Reported in : AIR2003HP131

orderr.l. khurana, j.1.this order will dispose of the above noted objection petition preferred by lekh raj son of babu ram sharma, hereinafter referred to as the objector, under order 21, rules 97, 98, 99 and 101, code of civil procedure.2. briefly, the facts of the case giving rise to the present objection petition, may be thus stated. in civil suit no. 75 of 1979 (indian bank v. bhagwan dass verma) a decree for a sum of rs. 80,773.72 paise with cost was passed on 9-1-1981 in favour of against the plaintiff bank and against the two defendants, namely, bhagwan dates verma and his mother smt. shanti devi, being the principal debtor and guarantor respectively. since the two judgment debtors failed to pay the decretal amount. the decree-holder bank took out execution petition no. 10 of 1982. in such proceedings, the immovable property of the judgment debtors located in lakkar bazar, shimla was attached and sold by public auction 15-12-1983. it was purchased by s/shri k.d. sud and karam chand in equal share for a sum of rs. 1,08,000/-. the sale was confirmed on 18-5-1984 and the necessary sale certificate was issued in favour of the auction purchaser on 12-7-1984.3. on 19-12-1991, the auction purchasers moved an application being o.m.p. no. 7 of 1992 for being delivered the possession of the property in question.4. the objector on 27-8-1999 preferred the present objection petition initially under section 47 read with section 151, code of civil procedure. however, vide order dated .....

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Jan 10 2003 (HC)

Dr. Manohar Pal Sharma Vs. Union of India (Uoi) and ors.

Court : Himachal Pradesh

Decided on : Jan-10-2003

Reported in : AIR2003HP168

kamlesh sharma, actg. c.j. 1. the petitioner is a registered practitioner of indian system of medicine in himachal pradesh under the h. p, board of ayurveda and unani systems of medicine, shimla. he has filed the present writ petition to seek the following reliefs :'(1) that the impugned notice of election dated 6-2-2002 (annexure-p-1) for electing one member of ayurveda as member ofcentral council oil indian medicine (ccim)may kindly be qu,ashed and set aside, andthe respondents may be directed to updateand re-notify the voter list (electoral roll)in accordance with the provisions of the indian medicine central council act, 1970 andindian medicine central council (election)rules, 1975.(ii) that the impugned electoral rolls (annexures-p-2 and p-3) may also be quashed being incorrect and not updated and the respondents nos. 3 and 4 may be directed to issue revised version of the electoral roll after updating the same.(iii) that the medical practitioners of indian system of medicine registered in himachal pradesh on the basis of experi-ence and are not qualified as per the provisions of the indian medicine central council act, 1970 and the rules framed thereunder may be declared to be not eligible to participate in the election process for election as member to the post of ccim from himachal pradesh.(iv) that the respondents may be directed to produce the entire record pertaining to the case and they may also be burdened with costs of this petition.'2. the case of the .....

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Jul 01 2003 (HC)

State of Himachal Pradesh Vs. Madan Lal

Court : Himachal Pradesh

Decided on : Jul-01-2003

Reported in : 2005CriLJ803

m.r. verma, j.1. this appeal by the state is directed against the judgment dated 13-7-1998 passed by the learned judicial magistrate i-class, nurpur whereby the respondent/accused (hereafter referred to as 'the accused') has been acquitted of the accusations under sections 279 and 304-a of the indian penal code.2. the case of prosecution, in brief, is that on 20-4-1993 at about 6.00 p.m. the accused while driving truck no. hp-48-0174 in a rash and negligent manner on a national high way near pucca tiala, crushed to death a boy, namely, atul, aged about five and-a-half years, who was carrying cattle feed and was on his way to his house. at the time of the occurrence, the deceased was accompanied by his parents sardar singh (pw-4) and his mother kusum lata (pw-5). one ajay kumar (pw-1) was also present on the spot. after having crushed the child under the wheels of the truck, the truck stopped at some distance from the place of occurrence. the occurrence was reported to the police by pw-1 vide his statement ext. pw-1/a under section 154 of the code of criminal procedure on the basis of which fir ext. pw-2/a came into being at police station, nurpur. post-mortem examination of the dead body of atul was conducted in civil hospital nurpur by dr. a. k. mahajan (pw-6) who found as many as 12 injuries on the body of the deceased and opined that the cause of death of the deceased was haemorrhage and shock due to head and abdominal injuries. the post mortem report issued by him is ext. .....

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Jul 28 2003 (HC)

Mohan Lal Vs. State of H.P.

Court : Himachal Pradesh

Decided on : Jul-28-2003

Reported in : 2005CriLJ591

orderkuldip chand sood, j.1. on 13th october, 1993, food inspector, sh. s. c. joshi, intercepted accused mohan lal selling mixed milk. mohan lai had kept the milk for sale in two iron buckets. each of the buckets contained about six liters of milk. the food inspector, after disclosing his identity, expressed his intention to purchase 750 milliliters of milk, for the purpose of analysis. he accordingly issued a notice to the accused. food inspector purchased 750 milliliters of mixed milk on payment of rs. 3.75 paise for the purpose of analysis. before lifting the sample, the milk was stirred to make it homogeneous and thereafter poured into three neat, clean and dry bottles. in each of the bottles, 20 drops of formalin were added as preservative. the samples were corked, wrapped and sealed. codal formalities were completed. one part of the sample was sent to the public analyst, kandaghat. public analyst, kandaghat by his report dated 17th november, 1993 (ex. p6) found that the sample of the milk deficient in milk fat. and milk solid is not fat. milk fat content was 2.8% against the minimum prescribed standard of 4.5% and milk solids not fat were 4.2% against the minimum prescribed standard of 8.5% for the mixed milk. the food inspector after obtaining necessary sanction, under section 20 of the prevention of food adulteration act (act for short), filed a complaint before the learned chief judicial magistrate, solan. learned trial magistrate, by his judgment dated 28-7-1999 .....

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Jul 28 2003 (HC)

Shivalik Knit Polyfab Pvt. Ltd. Vs. Presiding Officer

Court : Himachal Pradesh

Decided on : Jul-28-2003

Reported in : (2004)IIILLJ514HP

r.l. khurana, j.1. being aggrieved by the award dated september 29, 1997 of the labour court, shimla, the petitioner-company has approached this court for quashing and setting aside the said award.2. one ram swaroop son of hari ram was employed by the petitioner-company sometime in the year 1987. he was allegedly discharging the duties and function of a weaver. his monthly salary was rs. 600 per month. his services were abruptly and illegally terminated by the petitioner-company with effect from may 18, 1991.3. on an industrial dispute having been raised by the said ram swaroop, the matter was referred to the labour court under section 10 of the industrial disputes act, 1947 (for short, the act). the case set up by the workman ram swaroop was that he had organised a union of workers, which irked the management since the workers had become alive to their demands. it was further pleaded that on may 10, 1991, his uncle had expired. he, therefore, proceeded on leave from may 13, 1991 to may 17, 1991. on his return on may 18, 1991, he was not allowed to join and instead was given the marching orders.4. the petitioner-company admitted the termination of the workman with effect from may 18, 1991. it was averred that the workman was a habitual absentee from duty and a non-serious worker, and that the services were terminated validly.5. the labour court on the basis of material placed before it came to the conclusion that the termination of the workman was illegal and bad. it, .....

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Sep 04 2003 (HC)

Apple Valley Resort Vs. H.P. State Electricity Board and anr.

Court : Himachal Pradesh

Decided on : Sep-04-2003

Reported in : [2004]118CompCas328(HP)

r.l. khurana, j.1. whether in the absence of a specific authorisation a director can bring an action for and on behalf of a company ?--is the primary question arising for determination in the present case.2. the present writ petition has been directed by the petitioner-company through one shri arun sharma, claiming to be its director, seeking the issuance of the following writ, order or directions to the respondents :(i) the respondents be directed to refund a sum of rs. 75,383 along with interest at the rate of 19.25 per cent, per annum with quarterly rests for value received ;(ii) to quash the illegal demand raised by the respondents in its bill bearing no. 223085 dated november 30, 1995, whereby a sum of rs. 5,27,024 in respect of sop and rs. 9,589 in respect of e/d have been demanded from the petitioner-company with further directions to the respondents not to claim or raise any bill against the petitioner-company on account of the alleged slow reading of metering equipment as per the alleged inspection conducted by the executive engineer (f/s) in february, 1993 ;(iii) the respondents may be directed to refund the instalments already paid by the petitioner-company from december, 1995, till april, 1996 ; and(iv) the respondents may be directed not to interfere with or disconnect in any manner the electric supply to the unit of the petitioner-company at village mohal in district kullu on the basis of illegal demand raised by them as detailed in para, (ii) above.3. it has .....

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Dec 17 2003 (HC)

Himachal Road Transport Corporation Vs. Ramku and ors.

Court : Himachal Pradesh

Decided on : Dec-17-2003

Reported in : II(2004)ACC775,2005ACJ1432

arun kumar goel, j.1. appellant is aggrieved with the award dated 1.11.1996, passed by learned motor accidents claims tribunal, solan. vide impugned award in m.a.c. petition no. 22-s/2 of 1994, titled ramku v. managing director, himachal road transport corporation, compensation has been awarded in the sum of rs. 3,10,000 with interest at the rate of 6 per cent per annum from 23.12.1993 to 5.9.1994 and from 9.4.1996 till the date of payment, provided the compensation was to be indemnified by the respondent no. 1 on or before 20.12.1996. (reason for disallowing interest from 5.9.1994 to 8.4.1996 given is that during this period file remained consigned to the records, as it was dismissed for default on 5.9.1994). in case, the appellant failed to pay the awarded amount, as aforesaid, it was to carry interest at the rate of 12 per cent per annum with effect from 10.12.1993.2. facts as they emerge from the record are that deceased mathra was the resident of village ser-par-deora in tehsil-arki, district solan. he was 65 years old. ramku is his first wife. he married for the second time with ganga devi. from this second marriage, he had three daughters who are respondent nos. 3 to 5 in this appeal. it is the case of respondent nos. 1 to 5 that on the fateful day, i.e., 13.6.1993, deceased mathra was travelling in the bus bearing registration no. hia 1192. this bus was of himachal road transport corporation, the appellant, hans raj was its driver and jagdish chand was its conductor.3 .....

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Dec 26 2003 (HC)

Blue Peaks Deposits and Advance Ltd. Vs. Madan Sharma

Court : Himachal Pradesh

Decided on : Dec-26-2003

Reported in : I(2005)BC56

orderkuldip chand sood, j.cr.m.p. (m) no. 234 of 20031. leave to appeal granted. the application stands disposed of.cr. appeal no. 602 of 20032. be registered. 3. heard. 4. it appears that the appellant lodged a complaint, under section 138 of the negotiable instruments act, against the respondent. this complaint was being tried by the learned judicial magistrate 1st class, court no. 2, shimla. on 24th october, 2002, the complainant failed to appear and complaint was dismissed in default resulting into acquittal of the respondent-accused. this complaint was filed by the complainant through one sh. pankaj gupta as he was authorised by the company-petitioner to lodge such complaint. 5. the complaint was dismissed with a terse order which reads : '24.10.2002 present: none.be called again. called again.present: none.be called again. called again.present: none for complainant.sh. s.s. chauhan, counsel for accused.accused not present. complaint is hereby dismissed in default. accused acquitted. be consigned. announced. jmic (2), shimla.' 24.10.20026. the learned trial magistrate dismissed the complaint without going into the fact whether the presence of the complainant was necessary. 7. as observed by the apex court in associated cement co. ltd. v. keshvanand, i (1998) ccr 82 (sc)=(1998) 1 scc 687, section 247 of the code of criminal procedure provides deterrence against dilatory tactics on the part of the complainant who set the law in motion by his complaint and thereafter put .....

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