Himachal Pradesh Court December 1990 Judgments
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Shri Sudhir Kumar Arya and ors. Vs. State and ors.
Court: Himachal Pradesh
Decided on: Dec-31-1990
Reported in: 1992CriLJ21
ORDERBhawani Singh, J.1. These petitions are being decided by this judgment, since the prosecution case against them has similar pattern and counsel for the parties also argued them together.2. Briefly, the allegation against the petitioners is that Director of Industries, Himachal Pradesh, on the assessment of the demand by Industries in the State, used to place the requirement of steam coal and hard coke, before the Director Movement, Railway Board, Eastern Railway, Calcutta. As a result of this, wagons for the supply of these commodities were allocated each year. The Himachal Pradesh State Small Scale Industries and Export Corporation was appointed agent by the Director of Industries and information regarding the movement of coal wagons from coal fields along with allocation of quota of coal used to be supplied to this Corporation by the Director of Industries. Initially, this Corporation acted as handling agent of the Director of Industries and used to come to Chandigarh for the pu...
Commissioner of Income-tax Vs. C. Baljee and Sons
Court: Himachal Pradesh
Decided on: Dec-26-1990
Reported in: [1991]191ITR165(HP)
P.C. Balakrishna Menon, C.J. 1. The Income-tax Appellate Tribunal, Chandigarh Bench, has referred the following questions of law for the opinion of this court:'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal erred in upholding the order of the Appellate Assistant Commissioner deleting additions of Rs. 55,288 in each of the four assessment years, namely, 1971-72 to 1974-75, on the ground that the provisions made by the assessee on the basis of the rent damage bills issued by the Assistant Estate Manager, Shimla, under the authority of the Director of Estates, New Delhi, were valid and legal demands and allowable deductions in the relevant years in computing the taxable income of the assessee ?'2. Assessment year 1973-74 :'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal rightly rejected the following ground of appeal taken by the Revenue : 'The Appellate Assistant Commissioner has further erred in directing the Income-...
Rup Chand Vs. Sh. Daulatu and ors.
Court: Himachal Pradesh
Decided on: Dec-18-1990
Reported in: AIR1992HP6
Kamlesh Sharma, J.1. This is a Regular Second Appeal under pre-amended Section 100, C.P.C. Challenging the decree and judgment dated 14-6-1979 of Additional District Judge,Mandi at Kullu, whereby the decree and judgment dated 13-12-1976 of Sub Judge, Kullu, was set aside and the suit of the appellant-plaintiff, Sh. Pekhu was decreed.2. Sh. Pekhu had filed a civil suit against the respondents-defendants Sh. Rup Chand and others for declaration that he was owner in possession of the field comprised in Khasra No. 114 and had a right of way to the said field through Khasra Nos. 1153, 1157, 1142 and 1141 through the spots A B C as shown in the map field along with the suit. Sh. Rup Chand resisted the suit claiming himself ownef in possession of Khasra No. 1140. S/Sh. Niloo and Moti and Smt. Sawanri from whom Sh. Rup Chand had allegedly purchased the land comprised in Khasra No. 1141 filed a joint written statement supporting the claim of Sh. Pekhu. The trial court dismissed the suit holding...
Krishan Dutt Alias Krishan Chand Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Dec-18-1990
Reported in: 1992CriLJ1065
Bhawani Singh, J.1. The accused has challenged his conviction by the Sessions Judge, Hamirpur in Sessions Case No. 15 of 1982. He was prosecuted in F.I.R. No. 25 of 1982 under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and to pay a fine of Rs. 500/-.2. Briefly, the prosecution case is that the deceased (Chaudhari Ram), an agricultrist, was also practising witch-craft. The accused had also been going to him for treatment. On 19-7-1982, at about 6 a.m., the deceased was visited by the accused in his village and asked him about his buffalo which was not giving milk. He demanded money from the deceased on the ground that the deceased had done something wrong to the buffalo. The deceased not only denied having done anything wrong to the buffalo, but also declined to pay any money to the accused. At this time, the deceased was sitting in the corner of his Verandah. The accused gave a stick blow on the head of the deceased and in order to rescue himself, the d...
Mst. Dolku Nihal Singh Vs. Shri Nihal Singh Karnail Singh
Court: Himachal Pradesh
Decided on: Dec-17-1990
Reported in: AIR1992HP3
Kamlesh Sharma, J.1. This is an appeal against the judgment dated 5-10-1983 of Senior Sub Judge, Chamba, exercising the powers ofDistrict Judge whereby the application of respondent, Sh. Nihal Singh, Under Section 25 of the Guardians and Wards Act was accepted and the custody of minor Saroj was given to him. Sh. Nihal Singh is the father and appellant-respondent, Mst. Dolku, is the mother of minor Saroj.2. I have heard the learned counsel for the parties and have gone through the record of the case. The Senior Sub Judge has given the custody of minor Saroj to Sh. Nihal Singh holding, inter alia, that he has a preferential right to Mst. Dolku and also that he has better financial means to bring up the minor. According to the Senior Sub Judge, second marriage by Sh. Nihal Singh, children from the second wife and nature of his duties as Driver are not sufficient reasons to deny him the custody of the minor.3. By now it is well settled that in the proceedings for the custody or upbringing ...
Babu Ram (Deceased) and ors. Vs. Shri Pohlo Ram (Deceased) and ors.
Court: Himachal Pradesh
Decided on: Dec-14-1990
Reported in: AIR1992HP8
Devinder Gupta, J.1. This is defendant's appeal against the judgment and decree passed on March 17, 1980, by District Judge, Hamirpur and Una Districts at Una, dismissing his appeal and thereby confirming the judgment and decree passed on August 6, 1979, by Senior Sub-Judge, Una, by which suit of plaintiff-respondent was decreed for declaration with a consequential relief of injunction.2. Plaintiff claimed a decree for declaration on the basis that he was in actual cultivating possession of 11 Kanals 7 Marias of land comprised in Khasra Nos. 669, 670, 671, 672 and 674 situate in village Nandpur, Tehsil Amb., district Una, as a tenant under the defendant and the correction made in the revenue records in Rabi 1976 showing the defendant to be in cultivating possession was factually wrong, illegal, unauthorised, ineffective and inoperative against his rights and as on the basis of this wrong entry in the revenue records, defendants had intention tointerfere with his possession, therefore, ...
Moti Ram and anr. Etc. Vs. Moti Ram
Court: Himachal Pradesh
Decided on: Dec-13-1990
Reported in: AIR1991HP68
ORDERV.P. Bhatnagar, J. 1. Shri Moti Ram respondent was declared to have been elected a Member of the Himachal Pradesh Legislative Assembly from 60-Chachiot Assembly Constituency in the elections held during February, 1990. His election has been challenged by way of filing two separate election petitions on the ground that the nomination paper of Shri Karani Singh was improperly rejected by the Returning Officer vide his order dated February, 7, 1990. Since both petitions involved determination of similar questions of facts and law, it was ordered on July 25, 1990 that the petitions be consolidated and further, that proceedings would henceforth be recorded in Election Petition No. 2 of 1990.2. The petitions were contested by Shri Moti Ram respondent by way of raising a number of preliminary objections. It was averred that the copies of the petitions served upon him were not the true copies of the original and, therefore, the provisions of Section 81(3) of the Representation of the Peop...
Narinder Kaur and ors. Vs. State of Himachal Pradesh Through the Secre ...
Court: Himachal Pradesh
Decided on: Dec-11-1990
Reported in: 1991ACJ767
Devinder Gupta, J.1. This judgment will dispose of L.P.A. No. 8 of 1982 (Narinder Kaur v. State of H.P.) and No. 10 of 1982 (H.R.T.C. v. Narinder Kaur) as they arise out of the same judgment delivered by a learned single Judge of this court in F.A.O. No. 18 of 1976 on May 24,1982. [Reported in 1983 ACJ 34 (HP)].2. One Ajit Singh, while travelling on July 4, 1973, in jeep No. DHB 5086 from Totu to Shimla, received serious injuries as a result of accident with truck No. HIM 4126 owned by the State of H.P. The accident occurred near Research Institute and Government of India Press on Cart Road, Shimla. Said Ajit Singh alleging the accident to have occurred due to rash and negligent driving of the driver of the truck filed a petition on January 2, 1974 under Section 110-A of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') before the Motor Accidents Claims Tribunal, Shimla, claiming a sum of Rs. 50,000/- as compensation on account of pain, shock, disability, loss of earn...
Dr. Rakesh Kumar Vs. Shri J.P. Negi and anr.
Court: Himachal Pradesh
Decided on: Dec-10-1990
Reported in: AIR1992HP21
ORDERV.P. Bhatnagar, J.1. By way of the present election petition, Dr. Rakesh Kumar has challenged the election of Shri Suresh Bhardwaj, respondent 2, to the Himachal Pradesh Legislative Assembly from Shimla-8 constituency. The petitioner is stated to have passed his MBBS examination from Indira Gandhi Medical College, Shimla, in November 1988, he completed his compulsory internship in December 1989 and thereafter joined the house job for a period of six months with effect from January 1, 1990 at an honorarium of Rs. 2750/-- per mensem. He wanted to fight elections for Shimla-8 constituency hut, as per his allegations, his nomination papers as independent candidate were improperly rejected by the Returning Officer on February 5, 1990. It is the sole ground on which the election of respondent 2 has been challenged.2. Respondent 2 raised a number of preliminary objections in his reply which gave rise to the framing of as many as six issues on September 5, 1990. Since the election petitio...
Bimla Dubey and ors. Vs. Himachal Road Transport Corporation and anr.
Court: Himachal Pradesh
Decided on: Dec-06-1990
Reported in: II(1992)ACC634,1992ACJ166
V.K. Mehrotra, J.1. One B.D. Dubey was Regional Manager in the H.P. Road Transport Corporation and was posted at Hamirpur. He was going in the jeep No. HPG 387 of the H.R.T.C, driven by its driver Puran Chand to check up a H.R.T.C. bus breakdown on March 3, 1981. The jeep rolled down the hillside. Dubey sustained injuries. He was later admitted to the P.G.I. Hospital, Chandigarh where, unfortunately, he succumbed to his injuries on April 5, 1981. He was about 52 years in age at that time. Bimla Dubey, widow of B.D. Dubey deceased, who was aged 48 years and her two sons Ashwani Dubey, aged about 25 years and Bhuvnesh Dubey, aged about 20 years, made a claim for compensation by filing a petition under Section 110-A of the Motor Vehicles Act, 1939. The petition was resisted in certain respects on behalf of the H.R.T.C. Parties led evidence in the case.2. The Motor Accidents Claims Tribunal passed an award on May 24, 1984. Against a claim of Rs. 5,00,000/- made by the three claimants, it a...
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