Himachal Laws

11/08/2018

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19/09/2016

Dear friends, We had started a New Site www.dishonourofchq.in This site contains Digest and Judgments of Supreme Court and all High Courts of India regarding regarding Dishonour of Cheque from 1989 onwards. Currently this site is free but will require registration. All of you are requested to use this site

STPL INDIA - INDIAN JUDGEMENTS

03/06/2013

Service Law – Compassionate basis - Disengagement – On ground of non availability of funds - Her disengagement was not for the reason that her services were found unsatisfactory or undesirable - Object, scope and purpose of scheme is to render financial assistance for subsistence of the family - As such, having determined that petitioner’s family was in dire need for appointment on compassionate basis, respondents could not have disengaged her services - It is not the case of parties that there is change in circumstances - Respondents are directed to immediately re-engage the petitioner on post which she was working prior to her disengagement with all consequential benefits for the purpose of seniority and continuity in service - Petition allowed. Click below to see Full Text of Himachal Pradesh High Court.
http://www.stpl-india.in/HL/2012_STPL(HJ)_285_HP.pdf

16/05/2013

Attempt to Murder - Exceeded right of private defence - Appeal against conviction - Nothing on record to show that accused had intended to cause the murder of PW5 rather he is proved to have exceeded the right of private defence - Therefore, offence to which accused could be convicted is under Section 308 and not 307 of IPC, as accused has committed an offence with intention or knowledge under such circumstances that, if he by that act caused death would have been guilty of culpable homicide not amounting to murder. Click below to see Full Text of Himachal High Court
http://www.stpl-india.in/HL/2012_STPL(HJ)_287_HP.pdf

14/05/2013

Attempt to Murder – Acquittal upheld - Material contradiction in testimonies of prosecution witnesses - Not worthy of credence - Appeal against acquittal - Prosecution has not examined independent witnesses as referred to by the witness in their testimonies - No independent witness has been associated by prosecution except for PW-1 who did not materially support the prosecution - Found that there are inherent and material contradictions in statement of prosecution witnesses - Their testimonies are not worthy of credence. Click below to See Full Text of Himachal High Court Judgment
http://www.stpl-india.in/HL/2012_STPL(HJ)_291_HP.pdf

11/05/2013

Forest – Acquittal upheld - Transporting Forest Product – Katha – Non-production of report of chemical examination – Appeal against acquittal - Carefully re-appreciated the evidence on record - Two bottles from each of two drums were taken as samples to have been sent for chemical examination - But report of chemical examination has not been produced on record, as to what it contained - An adverse inference certainly has to be drawn against prosecution - Oral evidence that it was Katha cannot be read as none of the witnesses saying so confirms to requirement laid under Section 45 of the Evidence Act. Click below to see Full Text of Himachal High Court Judgment
http://www.stpl-india.in/HL/2012_STPL(HJ)_297_HP.pdf

08/05/2013

Service Law - Promotion - By increasing quota - Writ Petition - Seeking writ of mandamus be issued to respondents-State to increase the quota of feeder category of Junior Engineers for promotion to post of Planning Officer from existing 25% to 35% in terms of proposed amendment as per letter dated 2.2.2011 - It is well settled that Courts cannot direct that in what manner Recruitment and Promotion Rules are to be framed under Article 309 of the Constitution of India - This is legislative act and the scope of judicial review is very limited -Department has already proposed the amendment in Recruitment and Promotion Rules as per Annexure P-8 by increasing quota of Junior Engineers for promotion to the post of Planning Officer and the corresponding decreasing the quota of Senior Planning Draftsman from 25% to 35% - This Court cannot issue positive directions to amend the Recruitment and Promotion Rules in a particular manner - Directed the respondent-State to take decision on basis of Annexure P-8 - Petition disposed of.
http://www.stpl-india.in/HL/2012_STPL(HJ)_299_HP.pdf

06/05/2013

MACT – Goods in vehicle - Policy coverage - Minimum liability of Insurance Company – Held that Insurance Company is not liable in respect of goods being carried in a goods vehicle - A policy of insurance must comply with the terms of the Motor Vehicles Act - It is settled law that the Insurance Company even by incorporating a condition under the policy cannot exclude a risk which it is bound to cover under the Act -Therefore, unless the policy specifically covers damage to goods, the Insurance Company, would not be liable under the Act. Click below to see Full Bench Judgment of Himachal High Court
http://www.stpl-india.in/HL/2010_STPL(HJ)_2170_HP.pdf

01/05/2013

MACT – Goods carried in vehicle - Liability of insurer - Property of consignor consignee carried in goods vehicle cannot be said to be "property of third party" - Tribunal constituted under Act would have no jurisdiction to entertain claim regarding damage to consignment/goods carried in goods vehicle - It is contractual liability covered under Carriers Act and not tortious liability covered under M.V. Act.
http://www.stpl-india.in/HL/2010_STPL(HJ)_1373_HP.pdf