Himachal Pradesh Court January 2008 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.
Shashi Films (P) Ltd. Vs. Rajinder Kaushal
Court: Himachal Pradesh
Decided on: Jan-11-2008
Reported in: 2008(1)ShimLC491
V.K. Gupta, C.J.1. It was on 8th November, 2007 that an order was passed by the Single Bench of this Court referring this case for hearing by a Division Bench on account of the fact that interpretation of the second proviso to Section 15 of the Consumer Protection Act, 1986 was involved in this case. The Order dated 8th November, 2007 is reproduced hereunder. It reads thus:In view of the fact that interpretation of the second proviso to Section 15 qua the entertaining of an appeal by the State Commission as well as qua the passing of the stay order by the State Commission is involved for consideration in this case and this interpretation will have far reaching consequences, I direct that this case shall be heard by a Division Bench for an authoritative pronouncement.Mr. R.K. Bawa, learned Senior Advocate has very kindly agreed to assist the Court at the stage of the final hearing of the case in addition to the learned Counsel appearing for the parties.List before Division Bench-I for h...
Smt. Kamla Devi Vs. Ram Kishan and ors.
Court: Himachal Pradesh
Decided on: Jan-11-2008
Reported in: 2008ACJ2563,2008(1)ShimLC437
Deepak Gupta, J.1. The following short but interesting legal question arises in this case:Whether a party who has filed a claim petition under Section 166 of the Motor Vehicles Act and has also filed a petition under Section 140 of the Motor Vehicles Act and an award has been passed in its favour under Section 140 can be permitted to convert the original petition filed under Section 166 to a petition under Section 163-A of the Motor Vehicles ActFactual Matrix2. Petitioner Smt. Kamla Devi filed a petition under Section 166 of the Motor Vehicles Act (hereinafter referred to as the Act) claiming compensation on account of the death of her son Sanjesh Kumar on 3.12.1996 in a motor vehicle accident which took place on 28.11.1996. In the petition, it was alleged that on 28.11.1996 the vehicle bearing registration No.HR-30-3355 was being driven by the deceased Sanjesh Kumar. This truck was hit by truck No. DIG-1133 which was being driven in a rash and negligent manner. As a result of the acci...
Madan Lal and anr. Vs. Braham Dass Alias Brahmu and anr.
Court: Himachal Pradesh
Decided on: Jan-11-2008
Reported in: AIR2008HP71,2008(1)ShimLC427
Rajiv Sharma, J.1. A challenge has been laid by way of this second appeal to the judgment and decree passed by the learned District Judge, Hamirpur dated 1.6.1995 rendered in civil appeal No. 117/1989.2. The brief facts necessary for the adjudication of this second appeal are that the respondent-plaintiff Braham Dass alias Brahmu had filed a suit against the appellants-defendants No. 1 and 2, i.e. Madan Lal and Roshan Lal and the proforma defendant Sh. Haria for possession under Section 22 of the Hindu Succession Act, 1956 with respect to the suit land.3. It was alleged by the plaintiff Braham Dass that he and defendant Haria are the real brothers and they had inherited the suit land from their father Sh. Bhagtu. Sh. Haria sold his entire share of the suit land in favour of Sh. Madan Lal and Roshan Lal without notice to the plaintiff and without any legal necessity. The plaintiff impressed upon the defendants to accept the sale consideration but they did not agree to the same. The suit...
State of H.P. Vs. Dinesh Kumar
Court: Himachal Pradesh
Decided on: Jan-11-2008
Reported in: 2008CriLJ2024
Kuldip Singh, J.1. The State has filed this appeal against the judgment dated 4-2-2000 passed by learned Chief Judicial Magistrate, Hamirpur in Criminal case No. 21-II of 1995 acquitting the respondent under Sections 279, 304-A, IPC.2. The prosecution case, in brief, is that respondent Dinesh Kumar on 18-4-1995 at 8.20 a.m. at Doli Gharana on the public highway drove Jeep No. HP-22-1421 in rash or negligent manner and endangered human life and public safety. On account of his rash or negligent driving of the jeep he struck against Anu aged 4 years and caused her death. He was prosecuted under Sections 279, 304-A, IPC. The prosecution examined 10 witnesses. The statement of respondent was recorded under Section 313, Cr.P.C. He has contended that he has been falsely implicated in the case, no defence evidence was led by him. The learned Chief Judicial Magistrate acquitted the respondent. Hence, the State has filed the appeal.3. I have heard learned Additional Advocate General for the Sta...
Smt. Darshanu Vs. Shri Shishupal and ors.
Court: Himachal Pradesh
Decided on: Jan-10-2008
Reported in: 2008ACJ2529,2008(1)ShimLC447
Kuldip Singh, J.1. The sole claimant has filed this appeal for enhancement against the award dated 28.3.2001 passed by Motor Accident Claims Tribunal, Mandi in Claim Petition No. 50 of 1997, awarding Rs. 1,06,000/- compensation to the claimant along with 9% per annum interest from the date of presentation of the petition i.e. 14.1.1997. The award amount has been ordered to be paid by New India Assurance Company Hamirpur, Insurer, of the vehicle.2. The facts in brief are that the deceased Ranvir Singh was on board in truck bearing registration No. HIE-126 owned by respondent No. 1, insured with respondent No. 3 and was being driven by respondent No. 2 in rash or negligent manner, as a result of which the truck met with an accident on 15.2.1996 near village Chhang on Mandi-Jogindernagar, National Highway. Ranvir Singh sustained multiple injuries and he succumbed to his injuries on 16.2.1996 in Civil Hospital, Jogindernagar. The deceased was a hale and hearty person of 22 years and was ea...
H.P. Mineral and Industrial Development Corpn. Vs. Commissioner of Inc ...
Court: Himachal Pradesh
Decided on: Jan-10-2008
Reported in: (2008)217CTR(HP)388
Deepak Gupta, J. 1. The following question of law has been referred for the opinion of this Court under Section 256(2) of the IT Act:Whether in the facts and in the circumstances of the case, the Tribunal was right in upholding the addition of interest of Rs. 15 lacs on accrual basis 2. The brief facts giving rise to this question are that the assessee M/s H.P. Mineral & Ind. Development Corpn., Shimla is a Government owned Corporation. It had a number of subsidiary companies i.e. M/s Fertilizers Ltd., Himachal Wool Processors Ltd. and Himachal Worsted Mills Ltd. It had advanced temporary loans to its subsidiary companies. The assessee was following mercantile system of accounting. In the asst. yr. 1982-83, where the year closing was on 31st March, 1982, no provision was made for such interest in the books of account of the assessee. According to the assessee the interest was waived off by a resolution of its board dt. 26th June, 1983.3. The AO did not accept the contention of the asse...
New India Assurance Company Ltd. Vs. Vikash Sharma and ors.
Court: Himachal Pradesh
Decided on: Jan-10-2008
Reported in: 2008ACJ2572,2008(1)ShimLC451
Kuldip Singh, J.1. The insurer of bus No. HP-37-3882, is in appeal against the award, dated 1.2.2001, passed by learned Motor Accident Claims Tribunal, Hamirpur in MAC Case No. 71 of 1998, awarding Rs. 95,000 compensation to respondent No. 1, which has been made payable by the appellant-insurer of the bus.2. The brief facts of the case are that on 26.9.1996, respondent No. 1 boarded bus bearing registration No. HP-37-3882 owned by respondent No. 2 and insured with the appellant. The respondent No. 3 was driving the bus in a rash or negligent manner and, therefore, at place Galma, he rammed the bus with other vehicle and in the accident respondent No. 1 sustained injuries and fractured his right arm. The respondent No. 1 was taken to Primary Health Centre, Balh and then to hospital at Mandi and ultimately to P.G.I., Chandigarh. On these facts, respondent No. 1 filed claim petition against respondents No. 2, 3 and appellant, claiming Rs. 4,00,000/- compensation alongwith 12% interest.3. ...
Baldev Singh and ors. Vs. Siri Ram
Court: Himachal Pradesh
Decided on: Jan-09-2008
Reported in: 2008(1)ShimLC421
Surinder Singh, J.1. The appellant-plaintiff Godawar Singh failed in both the Courts below and filed the present Regular Second Appeal. During the pendency of appeal, he had died, as such his legal representatives were brought on record. This appeal was admitted on the following questions of law:1. Whether the impugned judgment and decree is the result of complete mis-reading, misinterpretation as well as mis-appreciation of Ex. PA order dated 22-6-1977, Ex. PG entry in the Khasra Girdwari dated 13th November, 1970 and Ex. PD copy of Jamabandi for the year 1983-84 and PE copy of Misal Hakiat Badobast 1978-79?2. Whether the Courts below has mis-read, misinterpreted as well as mis-appreciated the provisions of Section 45 of the H.P. Land Revenue Act?3. Whether the Courts below are right in taking into consideration the documents Exts. D-3 to D-8, especially when the basis for the same was without any authority of law, that is the basic entry Ex. PG having been held without any basis by t...
State of H.P. Vs. Jagdish Raj Khatta
Court: Himachal Pradesh
Decided on: Jan-09-2008
Reported in: 2008CriLJ2574
Surjit Singh, J. 1. This appeal by the State is directed against the judgment of the trial Court, whereby the respondent, who was charged with and tried for offences punishable, under Sections 498-A, 306 of the Indian Penal Code and Section 30 of the Indian Arms Act, 1959, has been acquitted.2. Case of the prosecution may be stated thus. Deceased Suman was married to the respondent on 6-2-1984. Two children were born from the wedlock. On 7-1-1990, the deceased shot herself to death with the licensed gun of the respondent in the matrimonial home. Relatives of the deceased, including P.W. 3 Ashok Chaudhary, on being informed of the incident reached the spot. By the time the relatives of the deceased reached, police had already started inquest. On completion of the inquest proceedings and preparation of reports, dead body was sent to the hospital for post-mortem examination. Post-mortem was conducted by P.W. 1 Dr. C.S. Rathor, who observed as follows:.There was bleeding clotted from right...
State of H.P. Vs. Birbal and ors.
Court: Himachal Pradesh
Decided on: Jan-08-2008
Reported in: 2008CriLJ2312
Surinder Singh, J.1. Respondents were tried and acquitted of the offences punishable under Sections 147, 302 read with Section 149 of the Indian Penal Code. The State felt aggrieved by the impugned judgment of acquittal and filed the instant appeal.2. Admitted facts of the case are that:a) the complainant and the respondents were locked in civil and criminal litigation for quite some time past;b) on 26-6-1991 Salmu Ram (deceased) had attended the hearing in a case, pending before the S.D.M. Rampur. He was accompanied by his son Chander Sain.c) On 26-6-1991 S.D.M. was not present and his reader told them that they would be receiving the summons for the next date;d) While returning to their village on 26-6-1991 Salmu Ram, Chander Sen, Bhagwan Dass (P.W. 2) and Joginder Singh, reached Jeori, at 5.30 p.m. by a Tapri Region bus.e) Deceased-Salmu Ram and Simru Ram-respondent were the real brothers and Parshotam Dass respondent is the son of Simru Ram. All of them belong to the same village.P...
- ‹ Prev
- 2
- Next ›
- Last »