Himachal Pradesh Court September 1996 Judgments

Manjit Singh Vs. Rattan Singh and ors.

Court: Himachal Pradesh

Reported in: 1997ACJ1204,AIR1997HP21

Arunkumar Goel, J.1. This appeal is filed by Manjit Singh-(hereinafter referred to as the 'Owner') against the award passed by Shri B.D. Sharraa, Motor Accidents Claims Tribunal-11, Sirmour district at Nahan in Claim Petition No, 16-N/2 of 1991. Respondents Rattan Singh and Jai Devi (hereinafter referred to as the 'Claimants') filed a claim petition against the owner Shamsher Ali (hereinafter referred to as the 'driver') and National Insurance Company (hereinafter referred to as the 'Insurer'), wherein compensation in the sum of Rs. one lakh was claimed on account of death of the daughter of the claimants Kumari Sunita. According to claimants on 20-10-1990 at 2.30 p.m. Kumari Sunita, deceased was travelling in a truck bearing registration No. HPN-1495 belonging to the owner and the said truck was being driven by the driver at the relevant point of time when it was insured with the Insurer. Further case of the claimants was that the deceased was a fare paying passenger in the truck and ...

Oriental Insurance Co. Vs. Asha Devi (Smt.) and ors.

Court: Himachal Pradesh

Reported in: (1999)IIILLJ289HP

Arun Kumar Goel, J.1. This appeal at the instance of Insurance Company is directed against the Award passed by Commissioner under the Workmen's Compensation Act, 1923, Rampur, hereinafter referred to as the Commissioner, in case No. 7/91 dated May 30, 1995. By means of a claim filed before the Commissioner by respondents No. 1 to 4 (hereinafter referred to as 'the claimants') against the Insurance Company (hereinafter referred to as 'the appellant') and Satish Kumar Bhalaik (hereinafter referred to as 'the owner') under Section 4 of the Workmen's Compensation Act, 1923, claim was made by the claimants.2. The brief facts of this case are that Shiv Ram was employed as a truck driver by the owner of truck bearing registration No. HIS 1510 which was insured with the appellant. On November 10, 1990 when the said truck HIS-1510 was going from Theog to Rampur, it met with an accident while negotiating a curve near Rampur, resulting in the death of its driver Shiv Ram, husband of claimant No. ...

Vijay Kumar Vs. Municipal Corporation

Court: Himachal Pradesh

Reported in: (1998)IIILLJ151HP

M. Srinivasan, C.J.1. This is a matter which is governed by the Administrative Tribunals Act. A question is raised whetherthe Municipal Corporation falls within the scope of the Act. The Notification is issued by the State Government on August 29, 1986 in exercise of the powers conferred by Sub-section (2) of Section 15 of the Administrative Tribunals Act which states that the State Government specified the 1 st day of September, 1986 as the date on and from which provisions of Sub-section (3) of Section 15 of the Administrative Tribunals Act shall apply to the local or other authorities and Corporation and Societies controlled or owned by the State Government. It is submitted that the expression 'controlled or owned by the State Government' will not apply to the local authorities. We are unable to accept this contention. In so far as the local authorities are concerned, it is not necessary that they should be controlled or owned by the State Government. Even otherwise, we find from th...

Chandra Lakshmi Tempered Glass Co. Pvt. Ltd. Vs. Assistant Commissione ...

Court: Himachal Pradesh

Reported in: [1997]225ITR199(HP)

M. Srinivasan, C.J. 1. This writ petition is directed against the notice under Section 148 of the Income-tax Act, 1961. The main objection raised is that the sanction of the competent authority, as prescribed by Section 151(2) of the Act has not been obtained by the first respondent. The reply of the respondents is that the sanction has been accorded by the Additional Commissioner of Income-tax by order dated October 31, 1995. A copy of the said sanction letter is annexed as annexure, RA. The contention of the petitioner's counsel is that the Additional Commissioner will not be a Deputy Commissioner, as contemplated by the section and the only authority empowered by the section is the Deputy Commissioner. This contention overlooks the amendment introduced in Section 2(19A) of the Income-tax Act by the Finance Act, 1994, with effect from June 1, 1994. By the said amendment, the expression 'Deputy Commissioner' has been defined as a person appointed to be a Deputy Commissioner or an Addi...

Chandra Lakshmi Tempered Glass Co. Pvt. Ltd. Vs. Assistant Commissione ...

Court: Himachal Pradesh

Reported in: (1997)140CTR(HP)474

M. SRINIVASAN, C.J. :This writ petition is directed against the notice under s. 148 of the IT Act, 1961. The main objection raised is that the sanction of the competent authority, as prescribed by s. 151(2) of the Act has not been obtained by the first respondent. The reply of the respondents is that the sanction has been accorded by the Addl. CIT by order, dt. 31st October, 1995. A copy of the said sanction letter is annexed as annexure, R.A. The contention of the petitioners counsel is that the Addl. CIT will not be a Dy. CIT, as contemplated by the section and the only authority empowered by the section is the Dy. CIT. This contention overlooks the amendment introduced in s. 2(19A) of the IT Act by the Finance Act, 1994, w.e.f. 1st June, 1994. By the said amendment, the expression 'Deputy Commissioner' has been defined as a person appointed to be Dy. CIT or an Addl. CIT under sub-s. (1) of s. 117. In this case, the Addl. CIT has exercised his powers on 31st October, 1995.The next co...

State of Himachal Pradesh Vs. Ram Sarup and ors.

Court: Himachal Pradesh

Reported in: 1997CriLJ588

Arun Kumar Goel, J. 1. This appeal has been filed at the instance of the State against the judgment dated 24-3-1990 passed by Shri J. L. Gupta, Chief Judicial Magistrate, Nahan, District Sirmour in Criminal Case No. 33/2. of 1988/New No. 36/2 of 1988. By this judgment, the respondents have been acquitted of the charges under Sections 325/324/506 read with Section 34 of the Indian Penal Code.2. Respondents were challaned for commission of the aforesaid offences on the allegations that on 18-5-1988 at about 10.00 P.M. Bishan Dutt (PW 1) and Prem Dutt (PW-3) were on their way to their houses in village Charech and when they reached near their houses, the respondents are stated to have attacked them. At such point of time, the respondents were concealing themselves behind the bushes. According to the prosecution before the attack could be made, Prem Dutt had separated from Bishan Dutt but when the respondents gave beatings to Bishan Dutt with sickle and Darat he raised alarm and then Prem ...

State of H.P. Vs. Ashok Goyal and anr.

Court: Himachal Pradesh

Reported in: 1997CriLJ460

Arun Kumar Goel, J.1. Heard learned counsel for the parties and have gone through the record as well. This appeal is directed by the State against the judgment passed by Shri P. C. Sharma, Chief Judicial Magistrate, Solan in Case No. 22/3 of 1987 dated 29-3-1990. By this judgment respondents have been acquitted in a complaint filed by the State under Section 7 of the Prevention of Food Adulteration Act, 1954 read with Section 16(1)(a)(i) of the said Act (hereinafter referred to as the 'Act').2. Brief facts giving rise to this case are that on 29-1-1987, Food Inspector H. L. Pathak (PW 1) went to the shop of the respondents and after disclosing his identity showed his intention to take sample of toned milk for analysis by the Public Analyst in accordance with the provisions of the Act. At the relevant point of time respondents were in possession of 2.50 Kg. of toned milk in a Dibba. Out of the said quantity of milk, Food Inspector purchased 660 ML of toned milk on payment of Rs. 2.50 ag...

H.P. Agro Industries Corporation Ltd. Vs. M.P.S. Chawla

Court: Himachal Pradesh

Reported in: [1998]92CompCas686(HP)

R.L. Khurana, J.1. Briefly stated the facts giving rise to the present petition may be stated thus. The petitioner is a company registered under the Companies Act, owned and controlled by the State of Himachal Pradesh. The respondent is the proprietor of a firm known as Chawla Iron and Steel Corporation, Chandigarh, now christened as Chawla Automobiles, Chandigarh. The petitioner has been supplying wire and barbed wire to the respondent on credit from time to time. The respondent also has been making payments for the supplies made to him from time to time. A sum of Rs. 52,000 was, paid by the respondent to the petitioner-company by way of five cheques as under :SI. No.ChequeNo.BankAmount (Rs.)Date ofcheque1.608453Punjaband Sind Bank, Sector 17C, Chandigarh7,00025-8-19892.608454-do-10,00025-9-19893.608457-do-10,00025-12-19894.331383-do-15,00015-1-19905.608458-do-10,00025-1-19902. All the abovesaid cheques upon having been presented to the bank were returned to the petitioner-company as ...

indro Devi Vs. Hari Ram Malhotra and ors.

Court: Himachal Pradesh

R.L. Khurana, J.1. This appeal has been directed against the award dated 16.5.1994 of the Motor Accidents Claims Tribunal (II), Solan, camp at Nalagarh, hereinafter referred to as 'the Tribunal', whereby the claim petition made by the appellant, hereinafter referred to as 'the claimant' under Section 166 of the Motor Vehicles Act, 1988 was dismissed.2. Briefly stated, facts of the present case are that the claimant on 5.4.1992 at about 11.30 a.m. was walking on a road in village Dadi Kanian in the company of 3-4 other persons when bus No. HP-02-1503 driven by respondent No. 2 and belonging to respondent No. 1 came from behind and knocked her down. The right leg of the petitioner came under the wheel of the bus and was seriously injured. The claimant was shifted to Rural Hospital, Nalagarh from where she was referred to P.G.I., Chandigarh for further medical treatment. The right leg of the claimant was amputated and she remained admitted in the P.G.I., Chandigarh till 11.5.1992. The cla...

Court on Its Own Motion Vs. Manager, Oriental Bank of Commerce

Court: Himachal Pradesh

M. Srinivasan, C.J.1. This proceeding is initiated by the court on its own motion under the provisions of the Contempt of Courts Act, 1971, and under article 215 of the Constitution of India. This court passed an order in CMPs. No. 262 of 1995, and 726 of 1995, in F. A. O. No. 164 of 1995, on March 4, 1996, directing the release of a sum of Rs. 25,000 out of the total awarded amount in favour of the respondent therein, by name, Shambhu Dutt through his counsel. The court also directed that the remaining amount will be put in a fixed deposit for a further period of 25 months. As the fixed deposit was with Oriental Bank of Commerce, Shimla, the counsel, who was appearing in that matter along with her client Sh. Shambhu Dutt, went to the bank on March 29, 1996, and produced a copy of the order and memo issued by this court. The respondent, who was the manager of the bank, refused to release the amount and asked the counsel either to accept a pay order in her name to be deposited in her ac...