Himachal Pradesh Court April 2007 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
All India Postmen Ivth Class Employees and E.D.D.A. Association and an ...
Court: Himachal Pradesh
Decided on: Apr-24-2007
Reported in: 2007(2)ShimLC110
Rajiv Sharma, J.1. The petitioner-Association is aggrieved by the judgment of learned Central Administrative Tribunal, rendered in OA No. 896-HP-99, dated 11.5.2001. Shorn all of the unnecessary details, the relevant facts, necessary for adjudication are that the Members of the Petitioner-Association have been granted pay scale of Rs. 2750-70-3800-75-4400 alongwith two advance increments. The pay scales of the members of the Petitioner-Union were further revised w.e.f. 10.10.1997 vide letter dated 3.7.1998. The respondent/Union of India had issued two communications dated 13.8.1999 and 10.6.1939 (Annexures-P3 and P4) purportedly clarifying the grant of revised pay scales and seeking to recover excess payments.2. The members of the Petitioner-Union aggrieved by the issuance of these communications seeking to recover alleged excess payments made to the members of the petitioner-Union on purported clarification regarding the date from which the increments are to be paid, approached the le...
Kasam Deen Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Apr-24-2007
Reported in: 2007CriLJ3974,2007(2)ShimLC221
Surjit Singh, J.1. This appeal is directed against the judgment of Special Judge, whereby the appellant has been convicted of an offence, under Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter called the Act) and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine, to undergo simple imprisonment, for a further period of two years.2. Prosecution version, as per record is like this. On 27.2.2002, Inspector Kulwant Singh (PW- 10), SHO, Police Station, Chamba, assisted by ASI Narup Singh, LHC Kartar Singh (PW 1) and Constable Manohar Lal (PW 2) organized a Nakka near village Kandla, a place about 35 kilometers from Police Station, Chamba. Around 1.00 p.m. ASP Gianeshwar Singh (PW 9) accompanied by HC Ajit Kumar and Constable Yoginder Singh (PW 5) reached the site of the Nakka. He started imparting some instructions to the S.H.O. and the police officials accompanying him. I...
Manali Resorts Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Apr-24-2007
Reported in: 2007(3)ShimLC319
Rajiv Sharma, J.1. The petitioner has challenged the assessment under the Himachal Pradesh Tax on Luxuries (in Hotels and Lodging Houses) Act, 1979 (hereafter referred to as 'the Act') made by the Deputy Excise and Taxation Commissioner (Assessing Authority), Flying Squad, North Zone, Dharamsala, vide Annexure P-1, the appellate order passed by the Excise and Taxation Commissioner vide Annexure P-2 and levy of penalty by the Deputy Excise and Taxation Commissioner vide Annexure P-3 and order dated 9.11.2000 Annexure P-4.2. Brief facts of the case are that respondent No. 3 carried out inspection of the premises of the petitioner on 14.5.1998. The case set up by the respondents is that during this inspection the available record was seized in order to ascertain the evasion of tax by the petitioner since 1995. It is further submitted that the record was thoroughly examined and details were worked out for the years 1994-95 to 1997-98 up to 31.12.1997. The case pleaded by the petitioner was...
Tulsi Ram Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Apr-24-2007
Reported in: 2007CriLJ3332,2007(2)ShimLC189
Dev Darshan Sud, J.1. The appellant has filed this appeal against his conviction and sentence imposed upon him for offences under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985, (hereinafter referred to as the 'Act'). The appellant has been sentenced to undergo rigorous imprisonment for ten years and fine of Rs. one lac, in case of failure to pay the fine, rigorous imprisonment for a further period of two years.2. The case of the prosecution in brief is that on 1.1.2004 a police party comprising of Kanwar Singh Guleria, SI/SHO, Police Station, Arki, (PW-4), had gone to village Battal with some police officials on routine patrolling duty. At around 11.00 a.m., when he was present near the Panchayat Ghar, he was informed that a man whose left arm was amputated and had put up 'Pattu' (shawl) around his body was carrying charas. According to the information, this man was coming from the side of village Domehar.3. This information was reduced into writing by PW-4 and s...
Ram Karan Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Apr-24-2007
Reported in: 2008CriLJ44,2007(3)ShimLC5
Dev Darshan Sud, J.1. The appellant has been charged and convicted for offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'). According to the prosecution, the appellant was found in conscious possession of 1 Kg. 900 grams of 'charas'.2. On 8-6-2004, SI Kanwar Singh Guleria, (P.W. 8), SHO Police Station, Arki went to Pau-Ghatti while on routine patrolling duty. At about 8 a.m. he received information from some reliable source that a man by the name of Ram Karan, wearing a Kurta-Pyjama and holding a walking stick, was travelling in the bus which was proceeding from Arki towards Jai Nagar. He was told that this person was carrying charas. This information was reduced into writing and sent to Superintendent of Police, Solan, through constable Ramesh Kumar (P.W. 5).3. At about 8.40 a.m. when the bus reached the spot where P.W. 8 was waiting, the driver and the conductor of the bus were asked to get down and informed that...
Dass Enterprises Vs. State of Himachal Pradesh and ors.
Court: Himachal Pradesh
Decided on: Apr-23-2007
Reported in: (2007)7VST609(NULL)
Deepak Gupta, J.1. By this judgment, two writ petitions are being disposed of as the following common question of law arises in both petitions :Whether maize is a coarse grain and is exempt from payment of value added tax under item No. 13 of Schedule 'B' of the H. P. Value Added Tax Act, 2005 or is liable for payment of tax at four per cent under Part II of Schedule 'A' of the said Act 2. It is not disputed by the respondents that maize is a coarse grain. In the Central Sales Tax Act, 1956, Chapter IV relates to goods of special importance in inter-State trade or commerce. Section 14 provides that certain goods can be declared to be of special importance for the purpose of inter-State trade or commerce. Maize is covered under Section 14(i)(vi) of the Central Sales Tax Act, which reads as follows :14. Certain goods to be of special importance in inter-State trade or commerce.-It is hereby declared that the following goods are of special importance in inter-State trade or commerce:(i) c...
Rajesh Kumar Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Apr-23-2007
Reported in: 2007CriLJ2687
ORDERSurjit Singh, J.1. Heard and gone through the record.2. The applicant was taken into custody, as an accused, in a case, under Sections 395, 323, 342, 411, 412, 414, 596 and 120-B of the Indian Penal Code, along with some other persons in four cases. He applied for becoming approver during the course of the investigation. Pardon was tendered to him.3. The applicant has been in custody since February, 2005. Trial has now commenced in all the four cases. Statement of the applicant, as a witness, in the course of the trial has been recorded in all the cases. He has now applied for his release (on bail).4. The submission made by the learned Counsel for the applicant is that keeping the applicant in detention for too long would amount to depriving him of his liberty, even though he is no longer an accused and as an approver also his statement has been recorded. He says that since the applicant himself has sought his release, it can be presumed that he does not have any fear, apprehensio...
State of H.P. and anr. Vs. Sita Ram and ors.
Court: Himachal Pradesh
Decided on: Apr-23-2007
Reported in: 2007(3)ShimLC127
Rajiv Sharma, J.1. The brief facts necessary for the adjudication of this petition are that the respondents had filed petition under Section 28-A of the Land Acquisition Act, 1894 for re-determination of enhanced compensation on the analogy of award announced by the learned District Judge, Solan on 5.1.1998. The Land Acquisition Collector held the respondents entitled for the enhanced compensation as under:I.(i) Total award as per revised rates = Rs. 50,068.80(-)= Rs. 3.413.76 (original)= Rs. 46,655.04(ii) 30% Solatium Rs. 13,996.51(iii) 12% Additional Compensation w.e.f.30.6.90 to 31.7.93 Rs. 17,301.99(iv) 9% interest w.e.f. 1.8.93 to 31.7.94 Rs. 4,198.95(v) 15% interest w.e.f. 1.8.94 to 30.6.98(1430 days) Rs. 27.417.82---------------Total: Rs. 1,09,570.31II.(i) Total award as per revised rates = Rs. 3,12,930.00(-)= Rs. 21,336.00 (original)--------------------------------= Rs. 2,91,594.00(ii) 30% Solatium Rs. 87,478.20(iii) 12% Additional Compensation w.e.f.30.6.90 to 31.7.93 Rs. 1,08...
Ex. Naik Suresh Kumar Vs. Union of India (Uoi) and ors.
Court: Himachal Pradesh
Decided on: Apr-23-2007
Reported in: 2007(2)ShimLC143
Rajiv Sharma, J.1. This petition is directed against the Annexure-P2 dated 12.3.1997 and 16.5.2000. The brief facts necessary for the adjudication of this petition are that the petitioner was enrolled in the Dogra Regiment on 24.7.1979 and after the completion of Basic Military Training, he was posted to the 7th Battalion Dogra Regiment. He suffered injury while on annual leave on 28th July, 1981 resulting in supra condylar Facture humerus (LT). Consequently, he was placed in low medical category CEE (Temp) for one year w.e.f. 12th October, 1.981. He reported for medical re-categorisation and was placed under medical category BEE (Temp) for 2 years w.e.f. 4.11.1982 and remained in the same category up to March, 1984. He got himself medically examined again in March, 1984 and was categorized in category low medical CEE (Permanent) w.e.f. 28.3.1984 and he remained in this category till his discharge from the Army i.e. 1.8.1986. The petitioner was also brought before a Released Medical Bo...
Namdhari Enterprises and Dass Enterprises Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Apr-23-2007
Reported in: 2007(2)ShimLC145
Deepak Gupta, J.1. By this judgment, two writ petitions are being disposed of as the following common question of law arises in both petitions:Whether maize is a coarse grain and is exempt from payment of Value Added Tax under item No. 13 of Schedule 'B' of the H.P. Value Added Tax Act, 2005 or is liable for payment of tax @ 4% under Part II of Schedule 'A' of the said Act?2. It is not disputed by the respondents that maize is a coarse grain. In the Central Sales Tax Act, 1956, Chapter IV relates to Goods of Special Importance in Inter-State trade of Commerce. Section 14 provides that certain goods can be declared to be of special importance for the purpose of Inter-State trade or commerce. Maize is covered under Section 14(1)(vi) of the Central Sales Tax Act, which reads as follows:14. Certain goods to be of special importance in inter-State trade or commerce.--It is hereby declared that the following goods are of special importance inter-State trade or commerce:(1) cereals, that is t...
- ‹ Prev
- 1
- 3
- 4
- 5
- Next ›
- Last »