Himachal Pradesh Court January 1976 Judgments
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Ram Dass Vs. Smt. Subhash Bakshi
Court: Himachal Pradesh
Decided on: Jan-16-1976
Reported in: AIR1977HP18
R.S. Pathak, C.J.1. This is a revision petition directed against an order of the trial court under Section 10 of the Code of Civil Procedure staying the proceedings in a suit.2. The respondent wife has filed a suit before the learned District Judge, Ludhiana praying for a decree for judicial separation against the petitioner husband under Section 10 of the Hindu Marriage Act. The petitioner thereafter filed a suit before the learned Senior Subordinate Judge, Mandi for a declaration that the parties are not husband and wife. During the pendency of the suit the wife applied under Section 10 of the Code of Civil Procedure for stay of proceedings in the suit on the ground that a previously instituted petition for judicial separation between the same parties was pending in the District Court at Ludhiana and the subject-matter of that suit was substantially the same as in the present suit. The learned Subordinate Judge has allowed the application and stayed the suit pending before him. The h...
Satinder Kumar (H.U.F.) Vs. Commissioner of Income-tax
Court: Himachal Pradesh
Decided on: Jan-16-1976
Reported in: [1977]106ITR64(HP)
R.S. Pathak, C.J. 1. The Income-tax Appellate Tribunal has referred the following questions for the opinion of this court. Those questions are : '1. Whether, on the facts and in the circumstances of the case, the Tribunal erred in law in holding that Satinder Kumar's joining the partnership, M/s. Vijay Traders, was an extension of the Hindu undivided family business comprised by Satinder Kumar's partnership in the firm, M/s. R. S. Lehnu Mall Thakur Dass 2. Whether, on the facts and in the circumstances of the case, the Tribunal was in law right in upholding the order of the Additional Commissioner of Income-tax under Section 263, Income-tax Act, on the ground of Satinder Kumar's joining the partnership, Messrs. Vijay Traders, being an extension of the Hindu undivided family's earlier business when the said ground did not form the basis of the Additional Commissioner's order 3. Whether, on the facts and in the circumstances of the case, particularly in the face of assessee-Hindu undiv...
Smt. Gayatri Devi Vs. Tani Ram and ors.
Court: Himachal Pradesh
Decided on: Jan-15-1976
Reported in: AIR1976HP75
R.S. Pathak, C.J.1. This is a claimants' first appeal directed against the order of the Motor Accident Claims Tribunal, Kangra Division dismissing their petition for compensation under Section 110-A of the Motor Vehicles Act, 1939.2. Daya Ram was employed as a truck driver by the respondents Tani Ram, Smt. Raj Kumari, Jagmohan and Chain Lal. They owned Truck No. HIM-4934, which was insured with the Oriental Fire & Life Insurance Company Limited. On February 18, 1968, Daya Ram was driving the truck from Mehatpur to Bahi Kharialti in the Tahsil of Hamir-pur. At Talmehra, at about 6 O'clock in the morning, the truck met with an accident. It overturned and Daya Ram was killed. His widow Smt. dayatri Devi, his daughter Neelam and son Papu filed a claim on May 3, 1968 before the Motor Accident Claims Tribunal under Section 110-A of the Motor Vehicles Act for compensation from the employers and the Insurance Company. The respondents resisted the claim on the ground that the Tribunal had no ju...
Prem Singh Vs. Smt. Raj Rani Devi
Court: Himachal Pradesh
Decided on: Jan-06-1976
Reported in: AIR1977HP56
C.K. Thakur, J.1. In this appeal a preliminary objection has been raised by the learned counsel for the respondent No. 1 that Shamsher Singh, respondent No. 2 had died some two three years back and that the appellant had foiled to bring his legal representatives on the record in time and, therefore, according to the learned counsel for the respondent No. 1 the decree being a joint decree and the necessary party not brought on the record, the appeal ahates as a whole. Learned counsel for the appellant contends that in fact the preliminary decree in the suit was passed only against the present appellant. Sh. Shamsher Singh had pleaded that he had rendered accounts to defendant No. 1 and further that the issues also show that only defendant No. 1 was liable to render accounts and as such on the death of Sh. Shamsher Singh, the appeal did not abate as a whole.2. In order to appreciate the contention of the parties, it would be proper to give the narration of the facts:3. Shrimati Rani Raj ...
Smt. Satya Devi Vs. V.S. Malik
Court: Himachal Pradesh
Decided on: Jan-05-1976
Reported in: AIR1976HP80
ORDERD.B. Lal, J.1. This Rule in revision has been obtained by Smt. Satya Devi landlord of the premises known as Ramesh Cottage, Sunny Side, Solan. Shri V. S. Malik was the tenant in these premises and his agreed rent was Rs. 100 per month. He moved an application under Section 4 of the East Punjab Urban Rent Restriction Act, 1949 for determination of fair rent. However, both the tenant and the landlord failed to adduce sufficient evidence so that the Controller could determine the fair rent. The Controller then made an order of appointment of Commissioner to hold enquiry and determine fair rent after taking regard to the prevalent rate of rent with reference to specific dates and with reference to the rental value mentioned in the property assessment register of the Municipality. Against this order the landlord has come in revision and it is submitted that the judicial function entrusted under the Act to the Controller has been delegated to a local Commissioner and to that extent the ...
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