Himachal Pradesh Court December 2008 Judgments
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Smt. Kartari Devi and ors. Vs. Udham Singh and ors.
Court: Himachal Pradesh
Decided on: Dec-31-2008
Reported in: 2009(1)ShimLC353
Kuldip Singh, J.1. This appeal has been directed against the judgment and decree dated 30.8.1997 passed by learned District Judge, Una in Civil Appeal No. 3/1992, confirming judgment, decree dated 5.8.1991 passed by learned Sub Judge 1st Class, Court No. II, Amb in case No. 1041 of 1984.2. The brief facts of the case are that respondent No. 1 Udham Singh filed a suit for declaration that he is owner in possession of land measuring 5 Kanals 14 Marlas to the extent of 2/3rd share out of land measuring 8'Kanals 11 Marlas, comprised in khewat No. 301, khatauni No. 655 and Khasra Nos. 1095 and 1113 vide jamabandi 1979-80, village Gagret, Tehsil Amb, District Una, the revenue entries and mutation No. 3531 showing Prem Singh as owner in possession of land measuring 2 Kanals 17 Marlas to the extent of 1/3rd share out of land measuring 8 Kanals 11 Marlas are wrong and illegal having no effect on the rights of respondent No. 1. In the suit, consequential relief of permanent injunction from takin...
Oriental Insurance Company Ltd. Vs. Rajan Kumar and ors.
Court: Himachal Pradesh
Decided on: Dec-30-2008
Reported in: 2009(1)ShimLC460
Sanjay Karol, J.1. Both the claimant and the insurer are aggrieved by the impugned award dated 1st February, 2006 passed by the Motor Accident Claims Tribunal, Hamirpur, H.P. in MAC Petition No. 22 of 2004 titled as Rajan Kumar v. Tilak Raj and Ors.2. The claimant, 25 years of age, having sustained multiple injuries in a road accident leading to para plegia on both lower limbs, rendering him to be crippled for the rest of his life has been awarded compensation of Rs. 7, 00,000/- by the Tribunal. The claimant is aggrieved of the fact that the compensation is on the lower side whereas the insurer is aggrieved of the fact that the liability has been wrongly fastened upon the Insurance Company.3. It is a matter on record that the insurer did not seek permission under Section 170 of the Motor Vehicles Act (hereinafter referred to as the 'Act') and therefore the scope of challenge in the appeal filed by the insurer is limited.4. Claimant Sh. Rajan Kumar filed a claim petition under Section 1...
Suman Kumar Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Dec-29-2008
Reported in: 2009CriLJ2311
Surinder Singh, J.1. The appellant has challenged his conviction and sentence passed by the learned Special Judge in the Corruption Case No. 33 of 1995/1996 decided on 20-6-2001.(A). Prosecution case.2. Appellant Suman Kumar had been working as Junior Engineer in irrigation and Public Health (IPH) Sub-Division, Kumarsain with effect from 1978 to 1980. He was in-charge of Dhanadhar Section and was looking after the execution of various water supplies schemes under him. He received many store articles in the course of his official duties and made its entry in the material-at-site (MAS) register Exhibit PW1/K in his own hands. In the month of October, 1980 he was transferred and was succeeded by PW1 Julfi Ram Junior Engineer. The appellant did not hand over the charge of his section to his incumbent, which compelled the Executive Engineer of IPH Division Rampur Bushehar to issue written orders to the appellant to hand over the charge to his successor. Lastly, the appellant handed over the...
State of H.P. Vs. Amrish Kumar
Court: Himachal Pradesh
Decided on: Dec-29-2008
Reported in: 2009CriLJ2126
Deepak Gupta, J.1. This appeal by the State is directed against the judgment of the learned Sessions Judge, Shimla, in Sessions Trial No. 36-S/7 of 1991 decided on 18th December, 1993 whereby he has acquitted the accused of having committed offences punishable under Sections 376 and 506 of the Indian Penal Code.2. The prosecution case, which unfolded during the course of the trial, is that on 21-3-1991 in the evening, the prosecutrix left her school and came by bus to Summer Hill. Thereafter, she was walking down the path to her house in village Sangti. On the way she met the accused who enquired if she (the prosecutrix) had seen his dog. He then started walking with her and enquired her name, etc. When the accused and the prosecutrix had walked some portion on this path the accused pointed out another path to the prosecutrix and told her that his dog might have gone that way. He asked the prosecutrix to accompany him. Firstly, she refused to accompany him but later on she agreed on th...
Brahmu Ram and anr. Vs. United India Insurance Company and anr.
Court: Himachal Pradesh
Decided on: Dec-29-2008
Reported in: 2009(2)ShimLC26
Deepak Gupta, J.1. This appeal by the claimants is directed against the order dated 28.1.2005 passed by the Commissioner under the Workmen's Compensation Act, whereby he has rejected the claim petition filed by the claimants.2. The appeal was admitted on the following substantial questions of law:1. 'Whether the learned Tribunal below has wrongly held that there is no relationship of employer and employee between late Shri Karam Chand and Smt. Ram Dei?2. Whether between husband and wife there can not be relationship of master and servant?Since both these questions are inter-related, the same are being decided together.3. The brief facts giving rise to the present appeal are that Brahmu Ram and Kamal Dev, two sons of the deceased Karam Chand filed a petition under the Workmen's Compensation Act claiming compensation for the death of their father deceased Karam Chand. According to them, the deceased was employed as a driver with the truck No. HIB-4175. Admittedly, this truck was owned by...
State of H.P. Vs. Sher Singh
Court: Himachal Pradesh
Decided on: Dec-26-2008
Reported in: 2009(1)ShimLC395
Cr.M.P. (M) No. 1016/20081. Heard For the reasons stated in the application, delay condoned. Application is disposed of.Cr. A. No. 531/20082. Heard and cone through the record. State has appealed against the judgment of Special Judge, Mandi, whereby respondent Sher Singh, who was tried for offence, under Section 20(ii)(B) for possessing 250 grams of charas, has finally been convicted of offence punishable, under Section 20(ii)(A) and sentenced to undergo imprisonment for the period for which he had already been in custody, i.e. 12 days and to pay fine of Rs. 2000/-, in default of payment of fine to undergo simple imprisonment for three days.3. Trial Court's judgment is sought to be assailed on two grounds. First, that the quantity recovered from the respondent was more than small and, therefore, he was liable to be convicted under Clause (B) of Section 20(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985, instead of Clause (A) of the said section and secondly, the sentenc...
State of H.P. Vs. Rita Devi
Court: Himachal Pradesh
Decided on: Dec-26-2008
Reported in: 2009(1)ShimLC378
Surjit Singh, J.1.State has appealed against the judgment dated 14th December 2001, passed by the trial Magistrate, whereby respondent Rita Devi, who was charged with and tried for offences punishable, under Sections 451, 323, 324 and 506 IPC, has been acquitted.2. Prosecution story, upon which the respondent was charged and tried, may be noticed. PW2 Kanta Devi is mother-in-law of respondent/accused Rita Devi. Rita Devi's husband, Dev Parkash is serving in Indian Army. She lives at her in laws' place, but separately. There is a double storeyed house. In the upper storey of the house, PW2 Kanta Devi lives with her husband PW5 Jeewan Ram and her married daughter. Lower storey of that very structure is in occupation of the respondent, as her residence. On 5th November 2000, when Kanta Devi PW2 was all alone in the house, respondent went there and started giving beatings to her. She dealt fist and kick blows and also tried to cause her burn injuries forcing her left foot into the hearth, ...
Mohan Lal Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Dec-24-2008
Reported in: 2009CriLJ2304
ORDERSurinder Singh, J.1. The petitioner has applied for the pre-arrest ball in F.I.R. No. 4 of 2008 registered on 12-11-2008 in Anti Corruption State Vigilance Bureau of Una under Section 420 of the Indian Penal Code.2. As per the case of the prosecution, the petitioner has been running a CT Scan Diagnostic and Research Centre of Amb Road in Una and some of his degrees, like M.D. (AIIMS), D.M. (Card), DNB (Card) etc. were fake and bogus and thereby cheated and he fooled the Public for more clientage.3. Deputy Superintendent of Police, Anti Corruption Bureau conducted the preliminary inquiry. During the inquiry, AMC Hospital and Diagnostic Centre was found in the name of the petitioner and the Ultra Sound clinic was registered in the name of his doctor wife. The petitioner produced the photo copies and some attested copies of his degrees before the aforesaid police officer which were got verified from the Principal, Sardar Patel Medical College. Rajasthan, the Registrar AIIMS New Delhi...
Kartar Singh Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Dec-24-2008
Reported in: (2009)24VST516(NULL)
Surjit Singh, J.1. By this common judgment, we are deciding four Civil Writ Petitions, i.e., CWP Nos. 697, 698, 699 and 700 of 2004, as the same question of law, based on similar facts, arises in all of them. First, we may notice the relevant facts. The petitioners are agents of farmers, on whose lands trees of khair, which are used for manufacture of katha, stand. The Government of Himachal Pradesh, in exercise of its power under Section 42B of the Himachal Pradesh General Sales Tax Act, 1968, issued Notification dated February 7, 1992, giving concession in the rate of tax on sale to an entrepreneur of goods (other than those specified in items Nos. 25 and 34 of Schedule A, appended to the Act), specified in its certificate of registration, for use by him, as raw material, in the manufacture in Himachal Pradesh of any goods (a) for sale in the State of Himachal Pradesh, or (b) for sale in the course of inter-State trade or commerce.2. Item No. 34 of Schedule A, appended to the Act is ...
Divisional Forest Officer Vs. Assessing Authority and anr.
Court: Himachal Pradesh
Decided on: Dec-23-2008
Reported in: (2009)26VST579(NULL)
Surjit Singh, J.1. The present reference, under Section 33 of the Himachal Pradesh General Sales Tax Act, 1968, has been made by the Himachal Pradesh Sales Tax, Tribunal, Dharamshala, for adjudication of the following questions:(1) Whether the action of respondents charging the enhanced rate of tax of 25 per cent for the sales effected before February 1, 1979, is valid, since the enhancement in the rate of tax from 10 per cent to 25 per cent came into operation with effect from February 1, 1979 in view of the letter and instructions Memo. No. Ft. -37-4/73/iv dated May 21, 1980?(2) Whether the sale of the forest by auction is complete at the fall of hammer or at the time of receiving royalty in instalments as part payment of consideration and the liability of sales tax accordingly?(3) Whether interest is chargeable on the said payment if made in instalment and tax accordingly deposited?2. Factual background in which the reference has been made may be stated. On October 6, 1978, Division...