Himachal Pradesh Court March 1990 Judgments

Oriental Fire and Genl. Ins. Co. Ltd. Vs. Naresh and ors.

Court: Himachal Pradesh

Reported in: 1990ACJ1085

V.K. Mehrotra, J. 1. In an accident which took place on May 21, 1973 at about 9.45 p.m., one Rattan Dass lost his life. It is said that he was struck by a truck bearing registration No. HIL 518. The minor children of the deceased logded a claim under the provisions of the Motor Vehicles Act, 1939. It was registered as MAC. No. 12-S/2 of 1977 and tried by the Motor Accidents Claims Tribunal, Shimla. Vide its award dated December 24, 1982, the Tribunal, after coming to the conclusion that the accident had taken place on account of the negligence of the driver of the truck, awarded a sum of Rs. 23,000/- as compensation to the minor claimants. It also held that the claimants would be entitled to interest on the awarded amount at the rate of 9 per cent from the date of petition till the date of payment. The claim of the mother of these minor children, namely, the widow of Rattam Dass was held barred by limitation and, therefore, negatived.2. The truck had been insured with the Oriental Fire...

Nimrat Preet Singh Bhullar Vs. Kamaljit Bhullar

Court: Himachal Pradesh

Reported in: II(1991)DMC87

Bhawani Singh, J.1. This appeal, under Section 28 of the Hindu Marriage Act, 1955 (Act No. 25 of 1985) for short 'the act'), is directed against the judgment of District Judge, Shimla, in case No. 2 3-S/3 of 1988 whereby the petition moved by the appellant under Section 13 of the Act, for dissolution of the marriage by a decree of divorce, has been dismissed.2. The facts, in brief, are that the marriage was solemnised between the parties on November, 7, 1980 at Nirankari Colony, Delhi. Out of this wedlock, Saravpreet was born on 4.1.1982 at Delhi. At the time of the marriage, the appellant was serving as Captain in the Indian Army and was posted at Ranchi. The respondent was taken- to Ranchi where both of them lived together for sometime and thereafter they went to Banglore and came to Shimla as well.3. The grievance of the appellant is that after the marriage, the respondent had been treating him with cruelty. She had been wilfully inflicting pain and misery to the appellant. She woul...

Gian Chand Ashok Kumar and Company and ors. Vs. Union of India (Uoi) a ...

Court: Himachal Pradesh

Reported in: (1991)100CTR(HP)1,[1991]187ITR188(HP)

Bhawani Singh J.1. Through this batch of writ petitions, the petitioners have challenged the validity of Sections 44AC and 206C of the Income-tax Act, 1961. These amendments were inserted by the Finance Act, 1988; and came into force from April 1, 1989 (assessment year 1989-90) and June 1, 1988, respectively. It is necessary, at this stage, to reproduce these provisions in extenso :'44AC. Special provisions for computing profits and gains from the business of trading in certain goods.--(1) Notwithstanding anything to the contrary contained in Sections 28 to 43C, in the case of an assessee, being a person, other than a public sector company (hereafter in this section referred to as the 'buyer' ), obtaining in any sale by way of auction, tender or any other mode, conducted by any other person or his agent (hereafter in this section referred to as the 'seller' ),-- (a) any goods in the nature of alcoholic liquor for human consumption (other than Indian-made foreign liquor), a sum equal to...

S.K.Ahluwalia Vs. Chief Engineer. H.P. Housing Board

Court: Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

V.P. Gupta, President: (1) The complainant (Dr. S.K. Ahluwalia) made an application to the respondent (H.P. Housing Board) to purchase a constructed Garage, the tentative cost of which was fixed at Rs. 25,000/- by the respondent. An offer to allot such Garage was made by the respondent to the Flat owner of Kalston Estate Shimla and applications were to be filed by flat owners till 31st of July, 1982 with a deposit of Rs. 2,600/- as earnest money. (2) The complainant deposited Rs. 2,000/- on 30.7.82 with his application as earnest money. By a letter annexure R-6 dated 9.5.83, the complainant was informed by the respondent that he had been allotted Garage No. 3, the tentative cost of which was Rs. 30,000/-. The complainant was directed to deposit 1st installment of Rs. 10,000/- before 20.5.1983. He was also informed that the balance amount of Rs. 8,000/- (After deduction of Rs. 2,000/- deposited as earnest money) would be taken from him at the time of delivery of the possession. (3) The ...