Himachal Pradesh Court April 2007 Judgments
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The A.C.C. Ltd. Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Apr-23-2007
Reported in: 2007(2)ShimLC420
Deepak Gupta, J.1. The petitioner company is engaged in the manufacture of cement at Barmana in Himachal Pradesh. The respondent-State has enacted the H.P. Taxation (On Certain Goods Carried by Road) Act, 1999, (hereinafter referred to as the Goods Carried by Road Act) which received the assent of the President of India on 19th August, 1999. This Act provide for the levy of tax on certain goods ^carried by road in the State of Himachal Pradesh. Section 3 is the charging Section and provides for different rates of tax as per the schedule. Tax was recovered from the petitioner for transportation of coal from outside Himachal Pradesh to within the State of Himachal Pradesh. The petitioner initially filed CWP No. 139 of 2000 in this Court challenging the imposition of the said tax. At the relevant time the relevant entry No. 16 in the schedule read is as follows:16. (a) Bricks Rs. 30/- per thousand(b) Bajri Rs. 5/- per ton(c) Sand Rs. 5/- per ton(d) Other minor Minerals excluding Rs. 10/- ...
Puran Datt and ors. Vs. State of Himachal Pradesh and ors.
Court: Himachal Pradesh
Decided on: Apr-23-2007
Reported in: 2007(3)ShimLC130
Rajiv Sharma, J.1. The brief facts necessary for adjudication of this petition are that the land of the petitioners was acquired for the purpose of construction of Airport as well as run way at Jubber Hatti. The learned Collector made the award on 28.11.2000 whereby a sum of Rs. 8,06,719/- was awarded in favour of the petitioners.2. The learned District Judge, Solan vide award dated 5.1.1998 in land reference petition No. 17-S/4 of 1996 determined the value of acquired land at the rate of Rs. 2,08,620/- per Bigha and in addition to the valuation, the learned District Judge granted solatium at the rate of 30% and additional solatium of 12% and interest @ 9% and 15% as per provisions of the Land Acquisition Act, 1894. The petitioners preferred an application under Section 28-A of the Land Acquisition Act seeking re-determination of the compensation on the basis of the award passed by the learned District Judge on 5.1.1998. The learned Land Acquisition Collector, i.e. respondent No. 3 vid...
Gopal Thakur and anr. Vs. Urmila Mahant and ors.
Court: Himachal Pradesh
Decided on: Apr-20-2007
Reported in: 2008ACJ238,2007(2)ShimLC168
Kuldip Singh, J.1. This appeal has been filed against the award dated 25th May, 2001 passed by learned Motor Accident Claims Tribunal, Kullu in Claim Petition No. 3/2000 whereby the learned Tribunal has awarded Rs. 10,80,000/- to the claimants on account of death of Prem Singh in an accident along with interest at the rate of 9% per annum from the date of petition till the date of payment. The parties in this judgment are referred in the same manner as referred in the impugned award. The award amount has been ordered to be paid by respondents No. 1 and 2 jointly and severally.2. The relevant facts of the case in brief are that Prem Singh husband of petitioner No. 1 and father of petitioners No. 2 to 4 and son of petitioner No. 5 was hit by Scooter at Dhalpur Chowk, Kullu on 29th November, 1999. The petitioners filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') claiming compensation of Rs. 28 lacs on account of death of Prem Singh. It is the...
Smt. Manju Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Apr-20-2007
Reported in: AIR2007HP74,2007(3)ShimLC91
Deepak Gupta, J.1. The short question which arises for determination in this case is 'whether a non-tribal woman, who marries a person belonging to a scheduled tribe is entitled to the benefits of reservation available to the members of scheduled tribes on account of her marriage'.2. The facts in brief are that the petitioner who by birth does not belong to the scheduled tribes married one Sh. Arbind who is a member of a scheduled tribe. She contested the election for the post of Pardhan, Gram Panchayat, Barang, Tehsil Kalpa, District Kinnaur, H.P. This post was reserved for women belonging to the belonging to the scheduled tribes only. The only other opponent in the election was respondent No. 4. The petitioner won the election and thereafter respondent No. 4 filed an election petition under Section 163 of the H.P. Panchayati Raj Act. The main ground of challenge was that the petitioner did not belong to the scheduled tribes and therefore, was not eligible to contest the election.3. T...
Durma Devi Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Apr-19-2007
Reported in: 2007(3)ShimLC482
Rajiv Sharma, J.1. By way of this petition the petitioner has sought declaration from this Court to the effect that the orders dated 6.8.2002 and 27.9.2002 issued by respondent No. 2 are illegal.2. The brief facts necessary for adjudication of this petition are that the ancestors of the petitioner and thereafter her father and mother were non-occupancy tenants on the land comprised in Mauza Jungle Paul, Pargana Dharaunk Khata Number 1 min/14 Khasra No. 5/1 measuring 15-5 bighas. The proprietary rights were conferred on the mother and other widow after the death of father on 26.6.1976 by Assistant Collector Grade-II and accordingly mutation to this effect was attested in here favour vide mutation No. 19 (Annexure P-1). The proprietary rights have been conferred as per Section 104(3) of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 (hereinafter referred to as the 'Act').3. An amendment was carried out in Section 104 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 by ...
Sot Ram Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Apr-18-2007
Reported in: 2007(2)ShimLC184
Dev Darshan Sud, J.1. This appeal has been preferred by the appellant against the judgment of conviction and sentence for an offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'The Act') passed against him by the Special Judge. Appellant has been sentenced to rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1 lac and in default of payment of fine to undergo rigorous imprisonment for a further period of four years.2. The prosecution case, in brief, is that on 21.10.2002 around 3 p.m., the appellant was apprehended in Aut Bazar being in conscious possession of 2 Kgs. of Charas. On 21.10.2002, PW-10 H.C. Dhani Ram alongwith H.C. Hukam Chand and Constable Narender Kumar, was deployed on traffic checking duty. Around 3.30 p.m., one Tata Sumo vehicle bearing No. HP-01-8100 came from Banjar side and was signalled to stop. The driver stopped the vehicle. He was asked to show the papers of his vehicle. According to t...
Sabal Singh Alias Nagadev Giri Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Apr-18-2007
Reported in: 2007(3)ShimLC504
Dev Darshan Sud, J.1. This appeal has been filed by the appellant who has been convicted and sentenced for offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act').2. The prosecution case in brief is that on 28.3.2002, PW-5 SI Balwant Singh alongwith ASI Gian Chand, HC Krishan Chand, Constable Uttam Chand, (PW-1), Constable Tek Chand PW-4) and one lady constable Haradei was present near Pagal Nallah. The police party spotted a Baba coming from Sainj side towards Larji. When he reached near the spot where the police party was standing, he started displaying signs of nervousness. This raised suspicion in the mind of the police party and, PW-5, SI Balwant Singh over powered him. On enquiry it was disclosed by the Baba that he was Sabal Singh. The prosecution story further is that PW-5 told the appellant that he might be in possession of some contraband (Charas) and as such, gave him option to be searched before a Magistrat...
H.P. State Electricity Board and anr. Vs. Joginder Singh and ors.
Court: Himachal Pradesh
Decided on: Apr-18-2007
Reported in: [2007(115)FLR34],2007(2)ShimLC151
Rajiv Sharma, J.1. The present petition has been filed against Annexure P-l, dated 4.2.1998 whereby the approapriate Government had made reference under Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as the 'Act') to the Presiding Officer Labour Court-cum-Conciliation Officer, Industrial Tribunal for adjudication.2. The minimal facts necessary for the adjudication of this petition are that the respondent No. 1 has raised a demand notice to the Conciliation Officer of the Labour Department on 1.8.1996. The District Employment Officer-cum-Conciliation Officer, Nahan looked into the matter and tried to settle the dispute amicably, but the dispute could not be settled amicably. The District Employment Officer-cum-Conciliation Officer sent the failure report under Section 12(4) of the Industrial Disputes Act, 1947 to Labour Commissioner, Himachal Pradesh. The Labour Commissioner after examining the matter had decided to refer the issue of dispute to the Presiding O...
Divisional Manager, Hpfc Vs. Jasbir Singh
Court: Himachal Pradesh
Decided on: Apr-17-2007
Reported in: [2007(115)FLR463],2007(2)ShimLC41
Sanjay Karol, J.1. This judgment is being dictated in open Court in presence of the learned Counsel for the parties.2. The dispute pertaining to respondent Jasbir Singh, was referred to the Labour Court/Industrial Tribunal, Himachal Pradesh, on which basis on 25.11.1999, this Court framed the following issue:Whether the termination of the petitioner is in violation of Section 25-F of the I.D. Act, if so, to what relief the petitioner is entitled to?.... OPP3. A claim petition titled as Jasbir Singh v. Divisional Manager, H.P. State Forest Corporation Reference No. 144 of 1997, was filed stating therein that Shri Jasbir Singh had worked with the respondent-Corporation between 1988 and 1990 and inspite of having more than 240 days in a calendar year, his services were abruptly disrupted in utter violation of the provisions of Sections 25-F, 25-G and 25-H of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act').4. In the reply filed to the claim petition, the preliminar...
Divisional Manager, H.P.F.C. and anr. Vs. Garibu Ram
Court: Himachal Pradesh
Decided on: Apr-17-2007
Reported in: [2007(114)FLR1101],2007(2)ShimLC133
Sanjay Karol, J.1. This judgment is being dictated in open Court in presence of the learned Counsel for the parties.2. Vide notification dated 11th of September, 1998, the dispute pertaining to respondent Garibu Ram, was referred to the Labour Court/Industrial Tribunal, Himachal Pradesh. The reference was as under:That whether it is right and justifiable to terminate the service's of Shri Garibu Ram, employee of Divisional Manager, Forest Working Division, Paonta Sahib after completion of 240 days of working. If not, what are the service benefits and compensation to which the said employee is entitled to? 3. A claim petition titled as Garibu Ram v. Divisional Manager, H.P. State Forest Corporation and Anr. Reference No. 183 of 1998, was filed stating therein that Shri Garibu Ram had worked with the respondent-Corporation between 1982 and 1987 and in spite of having completed more than 240 days in a calendar year, his services were abruptly disrupted in utter violation of the provisions...
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