Himachal Pradesh Court October 1990 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Smt. Akash Sharma Vs. Ramesh Kumar Sharma
Court: Himachal Pradesh
Decided on: Oct-29-1990
Reported in: II(1991)DMC525
Bhawani Singh, J.1. This appeal arises out of the judgment of Additional District Judge (I), Kangra in H.M. Petition No. 45/87, decided on 30.5.1988, moved by the respondent under Sections 13 of Hindu Marriage Act for dissolution of marriage by a decree of divorce.2. Briefly, the facts are that the parties were married on 1.3.1979 according to Hindu rites at Pathankot. They lived peacefully till February, 1982 and out of this wedlock, a male child Rohit, was born on 27.3,1982. Soon thereafter, the relations decayed between the parties and the grievance of the husband is that right form the beginning of the marriage, the parents of the appellant had been interfering in the married life of the parties and the appellant was in the habit of leaving the matrimonial house without the consent of the respondent and other members of the family. Further, case of the respondent is that the appellant had been insisting for separate living, since she was not adjusting in the culture of a remote vil...
Himachal Road Trans. Corpn. and ors. Vs. Om Prakash and ors.
Court: Himachal Pradesh
Decided on: Oct-29-1990
Reported in: 1992ACJ40
Bhawani Singh, J.1. All these appeals arise out of the same accident and since a similar question is involved, they are being decided by a common judgment.2. Briefly, the case is that bus No. HIK 3227, driven by Kehar Singh and conducted by Ajeet Singh, left Pathankot bus stand on 20.5.1988. After just crossing Chakki Bridge, a bomb which was lying hidden in the bus, exploded causing injuries to some and proving fatal to others travelling in the bus.3. Consequently, the heirs of the deceased and the victims of the blast preferred claim petitions before the Motor Accidents Claims Tribunal (I), Kangra Division. Among other things, it has been stated that the bus was stationed at bus stand, Pathankot which is a disturbed area and is hot with terrorist activities. Number of attempts had been made by the terrorists to attack Himachal Road Transport Corporation (hereinafter referred to as the 'HRTC') buses in the area of Punjab. However, nothing was done to safeguard the vehicles in this are...
Kanta Devi and anr. Vs. Dayal Singh and ors.
Court: Himachal Pradesh
Decided on: Oct-26-1990
Reported in: I(1991)ACC415,1991ACJ336
Devinder Gupta, J.1. Claimant-appellants have preferred this appeal against the award made on October 25, 1983 by Accidents Claims Tribunal, Kangra at Dharamshala, making an award of Rs. 10,000/- in their favour against respondent Nos. 3 and 4 along with interest at the rate of 6 per cent per annum from the date of filing of petition till date of realization. Respondent No. 3, insurance company, has preferred cross-objections under Order 41, Rule 22, Civil Procedure Code challenging the award in so far as it has held the insurance company liable to satisfy the award.2. On July 30,1979, Shashi Kumar son of claimant-appellants was on his way from Khikli Rajol to his village Tremlu in Tehsil Kangra on his bicycle (on Pathankot-Mandi Road), when truck No. PUG 9487, hereinafter referred to as 'the vehicle', struck him at Rajol and as a result of this impact, Shashi Kumar received serious injuries on vital parts of his body due to which he succumbed to his injuries within 22 hours in Civil H...
Smt. Sunyukta Guler and ors. Vs. State of Himachal Pradesh Through Col ...
Court: Himachal Pradesh
Decided on: Oct-25-1990
Reported in: AIR1992HP23
Devinder Gupta, J.1. Petitioners have sought-quashing of the orders dated March 1, 1988, passed by the Land Acquisition Collector, Beas Dam Project, Talwara, AnnexuresP-2 to P-13, rejecting the applications of the petitioners under Section 28-A of the Land Acquisition Act, 1894 (hereinafter to be called as the Act) seeking re-determination of the compensation amount on the ground that the petitioners cannot be said to be persons aggrieved and thus entitled to have the amount of compensation re-determined.2. Property of the petitioners located in 12 revenue estates was acquired by the respondent for public purpose, namely, for the const ruction of reservoir of Pong Dam on the basis of notification dated April 1, 1963, issued under Section 4(1) of the Act. After the Land Acquisition Collector had made his award, petitioners received the amount of compensation but no reference was sought by them under Section 18 of the Act. After the Act had been amended by the Land Acquisition Amendment ...
Commissioner of Wealth-tax Vs. Subhash Chand Sud and anr.
Court: Himachal Pradesh
Decided on: Oct-24-1990
Reported in: [1991]191ITR64(HP)
P.C. Balakrishna Menon C.J.1. The Income-tax Appellate Tribunal, Chandigarh Bench, has, under Section 27(1) of the Wealth-tax Act, 1957, referred the following question of law in both the above references for the opinion of the High Court:'Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee is entitled to the benefit of the exemptions under Sections 5(1)(xvi) and 5(1)(xxvi) of the Wealth-tax Act, 1957, as regards his proportionate share of the fixed deposits and National Savings Certificates held by the two firms in which he is a partner ?'2. Both these references are made at the instance of the Commissioner of Wealth-tax, Patiala-1, and the question of law arises out of the orders of the Income-tax Appellate Tribunal, Patiala Bench, relating to the assessment of two individuals who are partners in two firms, namely, M/s. Sunder Lal Choudhry Mal, Shimla, and M/s. Shimla Roller Flour Mills, Shimla. The assesssments relat...
Sh. Ravinder Nath and ors. Vs. the State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Oct-24-1990
Reported in: AIR1992HP20
Devinder Gupta, J.1. Petitioners have challenged the validity of the Himachal Pradesh Resin and Resin Products (Regulation of Trade) Act, 1981 (hereinafter referred to as the Act). The challenge in the main is about the 'nonopolies created in favour of the State in regard to the resio and resin products.2. Section 4 of the Act provides that on and after the commencement of the Act no person shall tap resin or manufacture any resin product or export any resin or resin products, unless he is registered under the Act. It also provides that no person shall sell resin to any person other than the State Government or its authorised officer and no person other than the State Government or authorised officer shall purchase resin from any tapper/owner of resin. The Act further provided that no person other than the State Government or an authorised officer shall transport resin except otherwise than as provided in the Act. The Act also makes provision of fixing up of prices at which State Gover...
New India Assurance Co. Ltd. Vs. Shukri Alias Lunji and ors.
Court: Himachal Pradesh
Decided on: Oct-19-1990
Reported in: 1991ACJ897
Devinder Gupta, J.1. This appeal has been preferred by the insurance company challenging the award made on July 28, 1982 by Motor Accidents Claims Tribunal, Shimla, allowing the claim petition of the claimant-respondent Nos. 1 to 6 making an award in the sum of Rs. 46,000/- in their favour with costs and interest at the rate of 6 per cent per annum from the date of the award till the date of payment against the driver and owner of the vehicle involved in the accident (respondent Nos. 8 and 9) and also against the insurance company.2. The relevant facts necessary for decision of this appeal are that one Aklu, the husband of claimant-respondent No. 1 and father of claimant-respondent Nos. 2 to 6, was travelling in truck No. HRE 2131 owned by respondent Ram Chand and driven by respondent Angat Ram. On September 4,1977, at about 1.40 p.m. the truck met with an accident on Theog-Fagu Road as a result of which Aklu sustained multiple injuries including blunt injury over his head who later on...
Commissioner of Income-tax Vs. Potato Suppliers Syndicate
Court: Himachal Pradesh
Decided on: Oct-11-1990
Reported in: [1991]187ITR677(HP)
P.C. Balakrishna Menon, C.J.1. The Income-tax Appellate Tribunal, Chandigarh Bench, has referred the following question of law for the decision of this court:'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right, in law, in allowing registration to the firm for the assessment year 1966-67 ?'2. The assessment related to the year 1966-67 and the previous year relevant to the assessment year ended on June 30, 1965. The assessee, a registered firm, had 19 partners. One of the partners by name Lal Ram Sukh Pass died on June 4, 1965. As per Clause 8 of the deed of partnership produced as annexure-A, the assessee's widow was taken as a partner of the firm and the reconstituted partnership was also registered with the Income-tax Department. The Income-tax Officer refused to give the assesses-firm the benefit of registration under Section 184(7) of the Income-tax Act as, according to him, there was dissolution of the firm on the death of one of the partne...
United India Insurance Co. Ltd. Vs. Bhagat Ram and anr.
Court: Himachal Pradesh
Decided on: Oct-08-1990
Reported in: I(1991)ACC495,1991ACJ288
Kamlesh Sharma, J.1. This appeal is at the instance of United India Insurance Co. Ltd. challenging the award dated 28.12.1988 of the Motor Accidents Claims Tribunal (I), Kangra Division at Dharamshala, granting compensation of Rs. 1,00,000/- besides costs and interest in favour of Bhagat Ram, claimant-respondent.2. M/s. Jagat Ram Amrik Chand, owner-respondent, owned truck bearing registration No. HPK 8796. This truck was insured with the United India Insurance Co. Ltd. It met with an accident on 4.8.1986 at Tundi Khad, District Kangra. The driver of the truck, Vijay Kumar, died on the spot and Bhagat Ram, who was cleaner on the truck, received grievous injuries. Bhagat Ram remained under treatment in various hospitals and ultimately he was declared to have 100 per cent permanent disability.3. Bhagat Ram filed claim petition MAC. No. 32 of 1987 before the Motor Accidents Claims Tribunal (I), Kangra at Dharamshala on 6.10.1987. He claimed Rs. 1,00,000/- as compensation. As his claim peti...
Controller of Estate Duty Vs. Bishamber Dass Butail
Court: Himachal Pradesh
Decided on: Oct-03-1990
Reported in: [1991]187ITR618(HP)
P.C. Balakrishna Menon, C.J.1. The following question of law is referred for the decision of this court by the Income-tax Appellate Tribunal, Chandigarh Bench, under Section 64(1) of the Estate Duty Act, 1953, at the instance of the Controller of Estate Duty :'Whether, on the facts and circumstances of the case, the Tribunal was right in law in holding that the principal value of the estate as mentioned in Section 35(3), Estate Duty Act, 1953, was not to include the value of the deceased's lineal descendant's interest in the joint family property which was for rate purposes aggregated under Section 34(1)(c) of the said Act ?'2. One Mansa Ram died on September 10, 1971. The value of the estate left behind by him was assessed at Rs. 1,83,073. For the purpose of fixing the rate under Section 34(1)(c) of the Act, the value of the interest of the lineal descendants was determined at Rs. 1,41,600. The claim for rebate under Section 35(3) of the Act on the basis that the value of the estate d...
- ‹ Prev
- Next ›