Himachal Pradesh Court October 2007 Judgments
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Kamla Devi and ors. Vs. Surindra and ors.
Court: Himachal Pradesh
Decided on: Oct-31-2007
Reported in: 2008(1)ShimLC218
Kuldip Singh, J.1. This judgment shall dispose of RFA No. 23 of 1999 and RFA No. 84 of 1999 arising out of common judgment, decree dated 29.12.1998 passed by learned District Judge, Una in Civil Suit No. 3 of 1990. RFA No. 23 of 1999 has been filed by plaintiffs and RFA No. 84 of 1999 has been filed by defendants. In this judgment, facts are given from RFA No. 23 of 1999.2. The brief facts of the case are that Kamla Devi etc, appellants in RFA No. 23 of 1999 on 8.1.1986 filed a suit under Section. 92 C.P.C. against Harbans Singh etc. for appointment of new trustees of public charitable trust of Sarai (Inn), a well and a Chhabil etc. situated on Khasra Nos. 1809 to 1811 and 1941 abutting the chowk of Una-Talwara, Hoshiarpur-Hamirpur road at Amb, District Una. Harbans Singh died during the pendency of suit, his legal representatives Smt. Surendra, Raman and Rajesh were brought on record, the Stale of H.F. Was impleaded defendant No. 7 and Gram Panchayat Amb defendant No. 8. It has been a...
Arvind Aggarwal and anr. Vs. Adhunik Packagers (P) Ltd.
Court: Himachal Pradesh
Decided on: Oct-31-2007
Reported in: 2008(I)ShimLC348
Dev Darshan Sud, J.1. The petitioners have approached this Court under Sections 433(e), (f), 434 and 439 of the Companies Act, 1956 (hereinafter referred to as 'the Act') on the allegations that the respondent which is a private limited company incorporated under the Act is unable to discharge its debts due and payable to the petitioners.2. It has been averred that the respondent took loans from the petitioners from time to time for the purposes of utilizing the money in its business. These loans were advanced to the respondents by way of cheques and bank drafts and the amount due and outstanding to the petitioners has been acknowledged as debts outstanding in the balance sheets for the year ended 31.3.2003. The petitioners aver that the acknowledgement in the balance sheet which also stands duly filed before the Registrar of Companies is that a sum of Rs. 10,98,228/- is due to petitioner No. 1 and Rs. 10,26,997/- to petitioner No. 2. Balance sheet showing the amount due has been filed...
Santosh Kumari Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Oct-31-2007
Reported in: 2008ACJ1684,2008(I)ShimLC355
Dev Darshan Sud, J.1. This petition has been instituted by the wife of deceased Shri Gulab Singh claiming compensation for wrongful death caused to her husband while he was in police custody. The petitioner has approached this Court on the allegation that her husband, who was about 28 years old, had gone to Shoghi to meet the Junior Engineer of the Public Works Department. On the evening of 8.1.2001, a telephonic call was received from Assistant Sub Inspector, Kandaghat by one Shri Hira Nand asking him to call Jagdish Chand, brother of the deceased. Information was imparted by the Assistant Sub Inspector on telephone itself that deceased Gulab Singh had been arrested in an excise case and two boxes of illicit liquor had been found in his possession. The petitioner alleges that Jagdish Chand, brother of the deceased, was informed that the deceased had jumped near Boileauganj from a running bus and had sustained injuries. His condition was serious and Jagdish Chand should reach Snowdon H...
Roop Kaur and ors. Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Oct-30-2007
Reported in: 2008(I)ShimLC20
Sanjay Karol, J.1. The petitioners have assailed the order dated 22.1.2003 passed by the Commissioner (Revenue), Himachal Pradesh, dismissing the petitioners appeal assailing the order dated 26.3.2001 passed by the Collector, Solan.Brief facts giving rise to the filing of the present petition are as under:2. Petitioner No. 1 is the mother of petitioners No. 2 to 5. Shri Prem Chand husband of petitioner No. 1 and father of the other petitioners was a tenant in Shop No. 4, village Dangyar, Parwanoo, Tehsil Kasauli, District Solan H.P. owned by respondent No. 3 and after his death the tenancy devolved upon all the legal heirs including the petitioners. The tenancy was determined vide notice dated 27.9.1997. Admitted case is that no notice was sent to petitioner No. 1 Roop Kaur. The premises were not vacated, therefore, proceedings for eviction under the Himachal Pradesh Public Premises and Land (Eviction and Rent Recovery) Act, 1971 (hereinafter referred to as 'the Act), were initiated by...
Abida Begum Vs. State of H.P. and anr.
Court: Himachal Pradesh
Decided on: Oct-29-2007
Reported in: 2007(3)ShimLC250
Sanjay Karol, J.1. The present appeal arises out of the judgment and decree dated 27.10.1995 passed by the District Judge, Sirmaur at Nahan in Civil Appeal No. 32-N/13 of 1995/1992 titled as Abida Begum v. The Secretary (Health) to the Government of H.P. and Anr., upholding the judgment and decree dated 1.9.1992 passed by the Senior Sub Judge, Sirmaur at Nahan.2. For the purposes of convenience, the appellant hereinafter is referred to as the 'plaintiff and the respondents are referred to as the 'defendants'.3. Plaintiff filed a suit for damages for a sum of Rs. 2 lacs for failure of the leproscopic operation carried out by the functionaries of the State. On 12.3.1984, the plaintiff underwent a leproscopic operation at the District Hospital of the State of H.P. at Nahan. Despite the same, she conceived and delivered a child on 5.10.1985 and again conceived and delivered a child on 13.12.1987. She once again got herself operated for tubectomy operation on 18.1.1988. The suit was filed a...
H.P. State Co-operative Bank Ltd. Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Oct-29-2007
Reported in: 2008(1)ShimLC189
Rajiv Sharma, J.1. A challenge has been laid to the order passed by the Under Secretary (Co-operation) to the Government of Himachal Pradesh, dated 15.9.2001 in appeal No. 27 of 2000.2. The brief facts necessary for the adjudication of this petition are that arbitration proceedings were initiated against respondent No. 3 by the petitioner-Bank under Section 72 of the H.P. State Co-operative Societies Act, 1968 (hereinafter referred to as the Act for convenient sake) for the recovery of Rs. 2,32,022.20 paise stated to have been embezzled by him and interest thereon. The arbitrator passed an award for a sum of Rs. 2,16,836.75 paise on 15.2.1978. It appears that thereafter the petitioner-Bank entered into a settlement with respondent No. 3 on 14.11.1981 and the execution proceedings instituted against him were withdrawn. Consequently, a simple mortgage deed was executed on 30.4.1982 on the basis of which the respondent No. 3 was to pay a sum of Rs. 55,000/- by 22.11.1981 and for the balan...
Jai Kumar Muni Chand Vs. Commissioner of Income Tax
Court: Himachal Pradesh
Decided on: Oct-29-2007
Reported in: (2008)214CTR(HP)417,[2008]303ITR133(HP)
Deepak Gupta, J.1. The following question has been referred for the opinion of this Court:Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee's liability relating to sales-tax amounting to Rs. 3,15,000 on account of increase in the rate of tax had arisen on 1st Feb., 1979, the date of amendment in the sales-tax law of the State of Himachal Pradesh and not in the previous year relevant to the asst. yr. 1983-84, irrespective of the fact that the Hon'ble Supreme Court had passed a stay order in favour of the assessee on 18th June, 1980 and had vacated the stay on 18th Nov., 1982 ?2. The brief facts necessary for adjudicating the present matter are that the petitioner was working as a forest contractor. He entered into an agreement with the District Forest Officer, Kotgarh on 3rd July, 1979. He was liable to pay the sales-tax which, at the relevant time, was 10 per cent. The rate of sales-tax was enhanced by a retrospective...
Shri Yuv Raj Vs. the Hallan-i Co-operative Consumer Store Ltd. and ors ...
Court: Himachal Pradesh
Decided on: Oct-29-2007
Reported in: 2007(3)ShimLC255
V.K. Ahuja, J.1. This order shall dispose of the Letters Patent Appeal filed by the appellant against the judgment dated 30.4.2007 of the learned Single Judge Mr. Justice Rajiv Sharma of this Court allowing the writ petition filed by respondent No. 1.2. Briefly stated, the facts of the case are that respondent No. 1 which is a Co-operative Society filed a writ petition in this Court under Article 226 of the Constitution of India challenging the allotment of fair price shop at Village Brai Ra Gran which was allotted in favour of the present appellant who was respondent No. 5 in the writ petition. The said allotment in favour of respondent No. 5 was challenged by the petitioner alleging that the allotment had been made in violation of the instructions and guidelines issued by the State whereby first preference had to be given to Co-operative Societies while making allotment of fair price shops. It was further alleged that the shop had been allotted to respondent No. 5 on the recommendati...
Surjit Singh and anr. Vs. Bimla Devi and ors.
Court: Himachal Pradesh
Decided on: Oct-29-2007
Reported in: 2007(3)ShimLC357
Sanjay Karol, J.1. The present appeal arises out of the judgment and decree dated 1.11.1995 passed by the District Judge, Kangra at Dharamshala, in Civil Appeal No. 89-D/XIII-1995 titled as Kesar Singh v. Surjeet Singh and Anr., allowing the defendants appeal and reversing the judgment and decree dated 20.8.1994 passed by the Sub Judge 1st Class (I), Dharamshala, District Kangra, (H.P.) in Civil Suit No. 280 of 1986 titled as Surjeet Singh and Anr. v. Kesar Singh.2. The suit was filed by the original plaintiff Smt. Giano Devi on 17.5.1986 before the Sub Judge 1st Class (I), Dharamshala, District Kangra and was registered as Civil Suit No. 280 of 1986 titled as Giano Devi v. Kesar Singh and Shri Vakil Singh. During its pendency, Smt. Giano Devi died and, therefore, by virtue of the Will dated 5.8.1983 (Ext.P-1), the sons of Vakil Singh were substituted as plaintiffs and Vakil Singh (defendant No. 2) was deleted from the array of parties. Therefore, the parties to the suit, on the date o...
Chamera Hydro Electric Project Vs. Ganga Ram and ors. and Gian Chand a ...
Court: Himachal Pradesh
Decided on: Oct-29-2007
Reported in: 2007(3)ShimLC243
Kuldip Singh, J.1. This judgment shall dispose of RFA No. 310 of 1997 and RFA No. 319 of 1997 which have arisen out of LAC No. 36/93 and LAC No. 35/93 respectively decided by common award dated 24.7.1997 passed by learned District Judge, Chamba Division, Chamba.2. The facts, in brief, are that State of Himachal Pradesh for acquiring land for Chamera Dam reservoir in Mohal Saru issued notification under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') which was published on 20.6.1992. The Land Acquisition Collector (for short 'Collector') announced the award on 15.4.1993. The following are the details of land acquired and compensation awarded by the Collector as shown in Para-3 of the impugned award:-----------------------------------------------------------------------------Sr. No. & title of the petition Area of Land Amount ofNo. Compensation Awarded.-----------------------------------------------------------------------------1. LAC No. 35/93 (RFA No. 319/97) 10-4Bigh...
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