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Himachal Pradesh Court July 1990 Judgments

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Jul 31 1990

M/S. Gopan Stores, Manali Vs. M/S. Ravi Frost Refrigeration, Ambala Ca ...

Court: Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

Decided on: Jul-31-1990

V.P. Gupta, President: (1) The respondent had agreed to pay an amount of Rs. 25,000/- by the end of June, 1990 to the petitioner in settlement of the petitioner's claim as is evident from the order dated 30-5-1990. (2) The case was taken up for hearing on 19th of June, 1990. The respondent did not attend that hearing although, he had supplied the Deep Freezer with a Stabilizer to the petitioner on 18th of June, 1990 in terms of the orders dated 30.5.90 without a guarantee card. The respondent however, gave one year guarantee in his letter dated 27.6.90. (3) The case was adjourned to 9th of July, 1990 and it was taken up at Dharamsala. Notice of this hearing had been issued to the respondent. The respondent, however, did not attend the hearing at Dharamsala and the petitioner stated that the amount of Rs. 25,000/- had not been paid to him till the end of June, 1990. (4) In the aforesaid circumstances a penalty notice was issued to the respondent for today. In the meantime a telegram and...


Jul 24 1990

Balbir Singh Vs. State of Himachal Pradesh Through Secretary, Pwd and ...

Court: Himachal Pradesh

Decided on: Jul-24-1990

Reported in: I(1991)ACC357,1991ACJ1079

Bhawani Singh, J.1. This is an appeal under Section 30, Workmen's Compensation Act, 1923, by Balbir Singh, the claimant in the case, against the order of Commissioner under Workmen's Compensation Act dated 7.5.1990. The appellant has challenged the order on the ground that the compensation has not been assessed accurately and in accordance with the legal provisions applicable to the facts of the case.2. The matter arises in the following circumstances:The appellant was a workman with the respondents on Shimla bypass. During this employment, he sustained hand injury during the blasting operations. He was taken to the hospital where he remained from 5.10.1988 to 28.10.1988. The appellant complains that as a result of this injury there is total disablement, since he cannot do any work and the employer has also turned him out of the employment.3. The claim petition was preferred on 20.6.1989. The Commissioner passed interim order on the same date directing the respondents to start paying t...


Jul 19 1990

Rattan Lal Vs. State of Himachal Pradesh

Court: Himachal Pradesh

Decided on: Jul-19-1990

Reported in: 1991CriLJ2875

ORDERV.P. Bhatnagar, J.1. A milk sample was collected by the Food Inspector from accused Rattan Lal on March 9, 1982, after completing all formalities prescribed by the law and the Rules. One portion of the sample was sent to the Public Analyst who found milk-fat contents therein to be only 2.6% against the minimum prescribed limit of 3.5%. In other words, milk-fat was deficient by 29%. This resulted in the conviction of the accused by the learned Chief Judicial Magistrate, Bilaspur, Under Section 7 read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act'). He was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000/ -The learned Sessions Judge, Shimla, upheld the order of conviction and sentence by his judgment dated March 22, 1985, which has been challenged before this Court by way of the present criminal revision.2. After the report of the Public Analyst was received, its notice was sent ...


Jul 13 1990

Yogendra Chandra Vs. Commissioner of Wealth-tax and ors.

Court: Himachal Pradesh

Decided on: Jul-13-1990

Reported in: [1991]187ITR58(HP)

V.K. Mehrotra, J.1. The petitioner, Shri Yogendra Chandra, filed returns under the Wealth-tax Act, 1957 (for brief, 'the Act'), for the years 1970-71 to 1975-76 on January 21, 1976, before the Wealth-tax Officer, A-Ward, Shimla. His case is that the returns could not be filed within the prescribed period for various reasons. His father, late Raja Rana Digvijay Chand of Jubbal, died and it took some time before he could get the succession certificate in respect of the property of his father ; a fire accident destroyed the palace at Jubbal and two other buildings in the year 1969 ; the petitioner's wife was ailing necessitating her treatment at Delhi in the year 1972 ; the previous tax counsel who was looking after these matters withdrew and counsel engaged later took a long time in getting the material collected, etc.2. The Wealth-tax Officer imposed penalties for late filing of returns for each of these years by order dated March 25, 1980. According to the petitioner, due regard was no...


Jul 12 1990

National Insurance Co. Ltd. Vs. Raj Kumari and ors.

Court: Himachal Pradesh

Decided on: Jul-12-1990

Reported in: I(1991)ACC243,1991ACJ85

Bhawani Singh, J.1. This appeal by the National Insurance Co. Ltd. assails the award of the Motor Accidents Claims Tribunal in Case No. 7 of 1977 decided on 31.5.1982 whereby the Tribunal has directed the payment of compensation of Rs. 91, 200/- from the respondents in the case along with interest at the rate of 6 per cent and the costs of the petition.2. The claim was preferred by the widow and two minor children of the deceased, Kamal Dutt Sharma, who met with an accident on 28.12.1976 while travelling in bus No. HPK 1075. The deceased was employed as Junior Engineer in the office of the Block Development Officer, Pragpur, Tehsil Dehra, District Kangra. He was receiving Rs. 735/-per month as emoluments. The allegation was that the accident took place due to rash and negligent driving by the driver while crossing bridge over Khiran Khad with the result that it fell in the khad and the deceased died at the spot. The case of the respondents has been that the accident took place on accou...


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