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Himachal Pradesh Court April 1975 Judgments

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Apr 29 1975

Mrs. Rita Arora and ors. Vs. Salig Ram and ors.

Court: Himachal Pradesh

Decided on: Apr-29-1975

Reported in: AIR1976HP24

D.B. Lal, J.1. These seven appeals arising under Section 110-D of the Motor Vehicles Act are directed against the decision of the Motor Accident Claims Tribunal adjudicating upon claims for compensation in respect of an accident involving death of three persons namely Ved Prakash Chopra. Narendra Kumar Arora and Devi Lal.2. On 1-2-1969 at about 6 P. M. a bus HRA-1244 belonging to Haryana Roadways was proceeding from Simla to Chandigarh. When it reached milestone No. 50 on Simla-Kalka road at a place known as Koti. it was accosted by a truck HRA-1759 loaded with bricks coming from the opposite direction. While the bus was crossing the truck its hind portion struck against the truck and the impact pushed it towards the left breaking the parapet wall with the result that it rolled down and fell inside a khud. As a result of that accident Ved Prakash Chopra and Narender Kumar Arora were killed on the spot, while Devi Lal received multiple injuries and was removed to PGI Hospital. Chandigar...


Apr 25 1975

Rulda Ram Vs. Shrimati Kala Devi

Court: Himachal Pradesh

Decided on: Apr-25-1975

Reported in: 1976CriLJ570

ORDERD.B. Lal, J.1. This revision petition is filed by Rulda against the order of the Chief Judicial Magistrate, Kulu, whereby granting an application under Section 488 of the Criminal P.C. in favour of Kala Devi, he has been asked to pay her maintenance at the rate of Rs. 70/- per month. The petitioner was married with Kala Devi some 8 years before the filing of the petition. About 6 years ago she fell sick and it was alleged that the petitioner neglected or refused to maintain her. A civil litigation under Section 9 of the Hindu Marriage Act also started between the parties. The court wanted to effect reconciliation and the petitioner was asked to take Kala Devi with him and start maintaining her. She has already two daughters out of this wedlock. Instead of maintaining Kala Devi, the petitioner made her to reside in his old house at Kanial and he himself shifted to reside at his new house Mari. He also neglected and refused to maintain her so much so that the lady was left without f...


Apr 18 1975

Chhabil Dass Vs. Inder Singh and ors.

Court: Himachal Pradesh

Decided on: Apr-18-1975

Reported in: AIR1976HP6

R.S. Pathak, C.J.1. By this writ petition the petitioner prays for certiorari quashing the order of the Election Tribunal dated September 9, 1974 setting aside his election as Chairman of the Bar Council of Himachal Pradesh.2. By the State of Himachal Pradesh Act, 1970, Himachal Pradesh became a State on and from January 25, 1971. Section 24 of the Act amended the Advocates Act, 1961, thereby providing for a Bar Council of Himachal Pradesh. The first Bar Council was constituted shortly thereafter, and its first meeting was held on November 7, 1971. When the term of office of the members was due to expire, proceedings were taken for the election of members to succeed them. On August 30, 1972 an election programme was issued setting out the dates for the different stages in the election process. After polling and counting of votes, the Advocate General of Himachal Pradesh verified the list of elected candidates, and the results were published in the Gazette on May 26, 1973.3. It may be s...


Apr 14 1975

Himprastha Financiers Private Ltd. and ors. Vs. Union of India (Uoi) a ...

Court: Himachal Pradesh

Decided on: Apr-14-1975

Reported in: AIR1976HP29

C.R. Thakur, J. 1. These three petitions raise common questions of law and. therefore, they will be disposed of by a single judgment.2. The Central Hotel Estate Simla, was declared an evacuee property and later it became a part of the compensation pool under the provisions of the Displaced Persons (Compensation and Rehabilitation) Act. 1954 (hereinafter called the Act). This property was divided into four lots for purposes of auction as under:(i) Central Hotel (Main Building); (ii) Central Hotel (Addl. Houses just over the Stables): (iii) Central Hotel (Stables and Servants Quarters): and (iv) Central Hotel (Annexe). 3. On 18-11-1955. Lot No. (1) Central Hotel (Main Building) was purchased by Shri Kala Ram Khanna in a public auction for Rs. 67,225/-. The sale certificate relating to this property was issued on 29-3-1963 by the Competent Authority demoting the boundaries of the property sold to Shri Kala Ram Khanna as under :(1) East--Hillock. (2) West--Stables and Additional Houses. ...


Apr 04 1975

Hotz Hotels Pvt. Ltd. Vs. Commissioner of Income-tax

Court: Himachal Pradesh

Decided on: Apr-04-1975

Reported in: [1975]101ITR596(HP)

R.S. Pathak, C.J.1. The Income-tax Appellate Tribunal, Chandigarh Bench, has referred the following question for the opinion of this court:'Whether, on the facts and circumstances of the case, the assessee-company is entitled to include Rs. 2,98,035 under the head 'provision for taxation,' and Rs. 70,000 being 'proposed dividends ' in the computation of reserves, by reference to which the standard deduction is to be computed ?'2. The assessee is a private limited company. In assessment proceedings under the Super Profits Tax Act, 1963, for the assessment year 1963-64, (for which the relevant previous year commenced on August 1, 1961, and ended on July 31, 1962), the assessee claimed the following two items as reserves in the computation of its capital under Rule 1 of the Second Schedule to the Act:Rs. P.1 . Provision for taxation as onthe first day of the previous year, i.e., August 1, 1961.2,98,035.002. Proposed dividends.70,000.003. The Income-tax Officer rejected the claim of the as...


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