Himachal Pradesh Court December 1998 Judgments
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H.P. State Electricity Board and anr. Vs. Presiding Officer and ors.
Court: Himachal Pradesh
Decided on: Dec-30-1998
Reported in: (2000)ILLJ544HP
D. Raju C.J.1. This batch of writ petitions is being dealt with together since they involve identical question of law as to the maintainability of a claim petition under Section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) for computation of the minimum bonus secured under the Payment of Bonus Act, 1965 (hereinafter referred to as the Bonus Act). The details of individual facts in each of these cases do not really matter for the appreciation and adjudication of the points raised except in two cases, namely in C.W.P. No.544 of 1993 and 647 of 1998. For the sake of record, the skeletal factual details in C.W.P. No. 4/92, C.W.P. No.544 of 1993 and C.W.P. No. 647 of 1998 alone may be adverted to.C.W.P. No.4 of 19922. This writ petition has been filed seeking for the issue of a writ of certiorari to call for and quashing the order of the Presiding Officer, Labour Court dated July 6, 1991 made in application No. 1 of 1991 filed by the respondents-workers ...
Jagjeet Singh and Dile Ram Vs. Himachal Pradesh Financial Corporation ...
Court: Himachal Pradesh
Decided on: Dec-29-1998
Reported in: [2001]103CompCas629(HP)
Lokeshwar Singh Patna, J. 1. The above writ petitions have been filed seeking to strike down Section 3 of the H. P. Public Moneys (Recovery of Dues) Amendment Act, 1982 (hereinafter referred 'the Act'), being ultra vires the Constitution of India and to quash the demand notices issued bythe managing director of the H. P. Financial Corporation (HPFC) and recovery notices by the Collectors of the Districts calling upon the petitioners to deposit the loan amount advanced to them and in default thereof, their movable and immovable property would be attached and recovery be effected as arrears of land revenue under the Himachal Pradesh Land Revenue Act, 1978. These writ petitions have to be dealt with in common since they not only raised common questions of law but learned counsel appearing also have made common submissions subject to certain variations pertaining to the facts of the each case. The factual details necessary for appreciating the claims of the contesting parties are as follow...
National Insurance Co. Ltd. Vs. Beena Kumari and ors.
Court: Himachal Pradesh
Decided on: Dec-29-1998
Reported in: 2000ACJ584
Kamlesh Sharma, J.1. In this appeal, the National Insurance Co. Ltd. has challenged its liability to indemnify the owners respondent Nos. 4 and 5 for the compensation awarded against them by award dated 29.5.1990, passed by Motor Accidents Claims Tribunal, Bilaspur, in favour of respondent-claimant Nos. 1 to 3. The case set up by the appellant insurance company is that since Piar Chand, the husband of respondent-claimant No. 1 and father of respondent-claimant Nos. 2 and 3, had died in the tractor accident which was caused due to his own rash and negligent driving, the claim petition under Section 110-A of the Motor Vehicles Act was not maintainable and at best the respondents-claimants could file petition before the Commissioner under Workmen's Compensation Act. Another point raised is that deceased Piar Chand was not having driving licence and was driving the tractor in violation of the terms and conditions of insurance policy.2. This court has heard learned counsel for the parties a...
H.P. Tourism Development Corporation Vs. Union of India (Uoi) and ors.
Court: Himachal Pradesh
Decided on: Dec-28-1998
Reported in: [1999]238ITR38(HP)
D. Raju, C.J. 1. These three writ petitions have been filed by the same writ petitioner, the H. P. Tourism Development Corporation, hereinafter referred to as (the petitioner-corporation) and having regard to the overlapping nature of the questions involved for consideration and the fact that common submissions have been made by counsel on either side, these are dealt with together.2. So far as C. W. P. No. 221 of 1993 is concerned, the same has been filed seeking for an appropriate writ and declaration that Section 5 of the Expenditure-tax Act, 1987, Central Act 35 of 1987, hereinafter referred to as 'the Act', which defines the words 'chargeable expenditure' beyond the scope of Section 3, the charging section in so far as it attempts to bring into its ambit the expenses and the rooms which otherwise fall beyond the purview and applicability of the Act to be illegal, arbitrary, unjust and beyond the scope of the Act and any assessment orders passed or proceeding initiated thereunder a...
Arun Sood Vs. United Commercial Bank and ors.
Court: Himachal Pradesh
Decided on: Dec-17-1998
Reported in: (2000)ILLJ926HP
Kamlesh Sharma, J. 1. The petitioner is working as an officer JMS - I with the respondent-bank. He has filed the above writ petition for quashing the impugned order dated November 3, 1993 (Annexure P-9) whereby after holding departmental disciplinary proceedings, he was awarded major penalty of removal from bank's service with immediate effect, and order dated June 27, 1994 (Annexure P-12) whereby his appeal against the order of his removal from bank's service was rejected. Since the operation of these impugned orders remained stayed during the pendency of the writ petition, the petitioner continues to be in service.2. On the allegations against the petitioner that while working as Branch Manager, Durlaghat during the period from July 15, 1982 to April 2, 1986, he advanced loan of Rs. 20,000/- to nonexistent borrowers in fictitious names, he was convicted and sentenced in a criminal case under Sections 420, 120-B, 465,467, 468 and 477-A, I.P.C. read with Section 5(2) of the Prevention ...
Mehatpur Filling Station and anr. Vs. State of Himachal Pradesh and or ...
Court: Himachal Pradesh
Decided on: Dec-16-1998
Reported in: [2003]133STC101(HP)
D. Raju, C.J.1. These writ petitions are dealt with together since they involve consideration and decision of identical questions of law of almost similar nature on certain common background of facts except certain variations and differences with reference to either the year of assessment of the petitioners who have come before this Court or the amount of tax involved as also the stage and manner in which they approached this Court. To illustrate, though in all cases the relief sought for is in the nature of writs of certiorari to quash the assessment orders, as also the appellate orders, passed by the appellate authority in these cases. It is stated that on earlier occasion the matter has been brought to this Court and this Court, in those matters, was pleased to set aside the order of the appellate authority on the ground of the same having not been passed by the competent authority and that the Commissioner also thereafter on suo motu action remitted the proceedings to the original ...
Baldev Raj Vs. Rishi Kumar
Court: Himachal Pradesh
Decided on: Dec-11-1998
Reported in: 2000ACJ68
D. Raju, C.J.1. The above revision petition has been filed against the order of learned District Judge (Forests), Shimla, in Execution Petition No. 1/S/10 of 1998 wherein the learned Judge in the court below chose to overrule the objection to the execution proceedings and ordered further action in the execution proceedings to be pursued. The objection taken by the present petitioner who was driver of the vehicle which was involved in the accident, which was the subject-matter of the claim petition for compensation filed in MACT No. 64-S/2 of 1987 on the file of Motor Accidents Claims Tribunal (II), Shimla was two fold. Before dealing with the said objection, it may be pointed out that the respondent No. 1 in the present revision petition was a claimant before the Motor Accidents Claims Tribunal and he had claimed compensation in the sum of Rs. 2,00,000 on account of injuries sustained by him, as a result of the accident caused by the petitioner as a driver of the vehicle which belonged...
T.C. Bhatia Vs. Oriental Insurance Co. Ltd. and ors.
Court: Himachal Pradesh
Decided on: Dec-03-1998
Reported in: 2000ACJ327
Lokeshwar Singh Panta, J.1. These appeals F.A.O. (MVA) Nos. 175 of 1991, 89 and 105 of 1993 under Section 173 of the Motor Vehicles Act, 1988 (hereinafter 'the Act') are directed against the judgment and award dated 30.10.1990 of the Motor Accidents Claims Tribunal, Shimla, whereby the appellants-claimants were awarded a sum of Rs. 25,000 each as compensation on account of the death of Chandrika Bhatia, S.R. Bhatia and his wife Lalita Bhatia in a motor accident which took place on 15.6.1988. The appellants-claimants claimed enhancement of compensation to the extent of Rs. 10,00,000 in one appeal and in two other appeals just compensation.2. All these appeals are being disposed of by a common judgment as these arise out of single accident and similar questions of law and facts are involved in all of them.3. Briefly the facts leading to these appeals may be stated thus:One A.S. Kaundal, who was working as Assistant Branch Manager, Life Insurance Corporation of India, Shimla, had gone to ...
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