Himachal Pradesh Court July 1997 Judgments
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Rajan Bus Service Pvt. Ltd. Vs. Parhalad Chand Sharma and ors.
Court: Himachal Pradesh
Decided on: Jul-18-1997
Reported in: 1998ACJ804
Lokeshwar Singh Panta, J.1. These appeals have been taken and heard together and are being disposed of by this common judgment as they have arisen out of the single accident.2. The relevant facts giving rise to the appeals are as under:3. A bus bearing registration No. HPM 673 owned by Rajan Bus Service Private Ltd. and driven by its driver Sher Singh was going from Chintpurni to Talwara on 17.11.1986. The said bus had rolled down into a khud to the depth of about 200 ft. As a result of the accident, few passengers had died.4. The claimants of the deceased persons filed the claim petitions before the Motor Accidents Claims Tribunal, Kangra at Dharamshala, claiming compensation. It was alleged in the petitions that the illfated bus was being driven rashly and negligently at a very high speed by its driver at the material time and the accident was the result of such rash and negligent driving of the bus. It was further averred that the driver of the bus could not control the vehicle at a...
Lachhman Vs. Asstt. Engineer, Sub-divn.ii Hp Pwd
Court: Himachal Pradesh
Decided on: Jul-10-1997
Reported in: (1998)IILLJ1213HP
Arun Kumar Goel, J.1. This appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') has been filed by Lachhman (hereinafter referred to as 'the claimant').2. Facts in this case are within narrow compass which need to be noticed in order to properly understand the case as well as for consideration of the submissions made in support of the appeal. Claimant was working as a daily rated stone dresser on Harlog Chati-Trifalghat Road Kms 0/0 to 5/0. Daily wages of the claimants were Rs. 11.80. While working at the site due to rolling down of the stones from hill, he sustained injuries. This accident took place on May 17, 1985 at 11 A.M. Fact of the accident in question is also noticed by S.I./S.H.O. Police Station, Ghumarwin as is evident and a copy of the report finds place at pages 9 to 10 of the trial Court file.3. Claimant remained at Ghumarwin hospital for a few days, thereafter he was shifted to District Hospital, Bilaspur and subsequently ...
Kashmiri Lal Vs. Doaba Roadways and ors.
Court: Himachal Pradesh
Decided on: Jul-10-1997
Reported in: 1(1998)ACC50
P.K. Palli, J.1. The claim petition filed by the appellant, who is husband of deceased Mst. Kishna Devi alias Satya Devi, who died in an accident, stands dismissed by the Motor Accident Claims Tribunal. However, the appellant has been granted compensation of Rs. 15,000/- under Section 92-A of the Motor Vehicles Act. It has been found that the death occurred on account of the negligence of the deceased and not on account of rash and negligence driving of the driver. Respondent No. 1 is the owner of the bus, respondent No. 2 is the driver, respondent No. 3 is the conductor of the bus, whereas respondent No. 2 is the Insurance Company. The parties, herein-after in this judgment, shall be referred to as 'claimant' and 'respondents'.2. The wife of the claimant, as per averments in the claim petition, was in the process of boarding the bus when the bus took up speed due to rash and negligent driving of the driver and in sequence was thrown out and crushed under the wheels.3. The version give...
Commissioner of Income-tax Vs. Himachal Pradesh Mineral and Industrial ...
Court: Himachal Pradesh
Decided on: Jul-08-1997
Reported in: [1998]234ITR509(HP)
M. Srinivasan, C.J.1. The Revenue has filed these applications for directing the Tribunal to refer the following questions :'Whether, on the fads and in the circumstances of the ease, the Income-tax Appellate Tribunal was right in law in directing the Assessing Officer to allow depreciation and investment allowance on the cost of the two transformers installed at Nalagarh and Nurpur, the ownership of which vests with the H, P. State Electricity Board ?'This question is arising in all these cases. In one of the cases, one other question arises as to whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in upholding the order of the learned Commissioner of Income-tax (Appeals) in allowing the deduction under Section 80J to the assessee on its six units on the capital employed without reducing the same by the amount of loans raised from the head office.2. We take the second question for consideration at first. This question arises i...
Gussaun and anr. Vs. Parveen Kumar and ors.
Court: Himachal Pradesh
Decided on: Jul-07-1997
Reported in: AIR1998HP36
ORDERArun Kumar Goel, J.1. This revision is directed against the judgment passed by the District Judge, Mandi, Kullu and Lahaul-Spiti District at Mandi in Civil Misc. Appeal Nos. 41 of 1995/2 of 1993, dated 18-9-1996. By means of impugned judgment, deceased Smt. Kasluru was held to be an indigent person and after her death, her legal representatives (present respondents 1 and 2) were also held to be indigent persons and consequently leave to file the suit in their capacity as such, was granted.2. Brief facts giving rise to this case are that initially an application under Order 33, CPC was filed by Smt. Kasturu as an indigent person seeking leave of the Court to institute the suit as such. This matter came up before the trial Court who vide its judgment date 18-6-1990 held that Smt. Kasturu is not an indigent person as such her prayer was declined. This order of the trial Court was questioned by Smt. Kasturu in an appeal, and by means of judgment, the appeal was allowed and the case wa...
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