Himachal Pradesh Court August 2003 Judgments
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Himachal Futuristic Communications Ltd. Vs. Commissioner of Income-tax
Court: Himachal Pradesh
Decided on: Aug-21-2003
Reported in: (2004)186CTR(HP)374,[2003]264ITR629(HP)
V.K. Gupta C. J. 1. An order dated January 28, 2003, passed by the Income-tax Appellate Tribunal, Chandigarh Bench 'B', in I.T.A. Nos. 626 and 627 Chandigarh of 1997, assessment years 1992-93 and 1993-94, was chal-lenged before the Delhi High Court by filing an appeal under section 260A of the Income-tax Act, 1961, being I.T.A. No. 242 of 2003. When I.T.A. No. 242 of 2003 came up for consideration on July 23, 2003, a Division Bench of the Delhi High Court by referring to the submissions made by learned counsel for the appellant that the Delhi High Court did not have territorial jurisdiction to deal with the appeal and as prayed for by counsel for the appellant that the appeal be returned to the appellant for being presented to a court of competent jurisdiction, passed an order (in view of the aforesaid submissions), that the paper book be returned to counsel for the appellant for being presented in the Himachal Pradesh High Court.2. Apparently acting in compliance with the aforesaid or...
National Insurance Co. Ltd. Vs. Soma Devi and ors.
Court: Himachal Pradesh
Decided on: Aug-18-2003
Reported in: I(2004)ACC162,2003ACJ1919
V.K. Gupta, C.J.1. A Division Bench of this Court in the case of United India Insurance Co. Ltd. v. Sumitra Devi 2003 ACJ 262 (HP), while dealing with the respondents' objection to the maintainability of a writ petition filed under Articles 226/227 of the Constitution of India by an insurance company against an award passed by the Motor Accidents Claims Tribunal in which the insurer-petitioner had assailed the award only on the issue of quantum of compensation, held that such a petition under Article 226 of the Constitution filed by an insurance company questioning the quantum of compensation determined by the Tribunal is maintainable. To appreciate the exact ratio in the aforesaid Division Bench judgment, we reproduce para 2 of the judgment which spells out the fact of the award being challenged only on the question of quantum of compensation awarded and yet a petition under Articles 226/227 of the Constitution, despite the existence of Section 173 of the Motor Vehicles Act, 1988, bei...
Pamwi Tissues Ltd. Vs. Presiding Judge
Court: Himachal Pradesh
Decided on: Aug-08-2003
Reported in: (2004)IILLJ1150HP
Arun Kumar Goel, J.1. Heard learned counsel for the parties. Petitioner-company is aggrieved with the order dated April 27, 2000, passed by the learned Presiding Officer, H.P. Labour Court, Shimla, in Application No. 207/1996.2. Before proceeding with the contentions urged at the time of hearing in this case, it is necessary to refer to the chequered history of this case. Admittedly the respondent No. 2 was working in the factory of the petitioner. His services were terminated on December 5, 1989. Respondent No. 2 claims that the termination of his service was not in accordance with law. Therefore, after having received failure before the Conciliation Officer, the matter was referred by the respondent No. 3 to the Labour Court for adjudication in accordance with the provisions of Industrial Disputes Act, 1947.3. Vide Award dated February 22, 1993, respondent No. 2 was ordered to be re-engaged in terms of the said Award with full back wages. He resumed duty on September 27, 1993. Here p...
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