Himachal Pradesh Court December 2008 Judgments
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National Insurance Co. Ltd. Vs. Situ Devi and ors.
Court: Himachal Pradesh
Decided on: Dec-23-2008
Reported in: 2009ACJ2537
Deepak Gupta, J.1. The aforesaid two appeals are being disposed of by one judgment since they arise out of the same accident and identical questions of fact and law are involved in the cases.2. Briefly stated the facts of the case are that on 16.3.1998 one Roop Lal was driving the scooter No. PB 04-A 8085. Chaman Lal was sitting on the pillion of the scooter. When the scooter reached near Sard Nala (Barmana), a jeep bearing No. HP 02-3847 came from the opposite side. A collision took place between the two vehicles. Roop Lal suffered injuries in the accident. He was thereafter shifted to the A.C.C. Hospital at Barmana and then to P.G.I., Chandigarh, but unfortunately he succumbed to his injuries on 28.3.1998. Claim Petition No. 147 of 1998 was filed by the dependants, i.e., widow, two minor children and mother of Roop Lal, out of which F.A.O. No. 284 of 2005 arises and Claim Petition No. 146 of 1998 out of which F.A.O. No. 285 of 2005 arises was filed by Babu Ram, owner of the scooter, ...
Asha Chandel and anr. Vs. Rajinder Kumar and ors.
Court: Himachal Pradesh
Decided on: Dec-19-2008
Reported in: 2009ACJ2756
Kuldip Singh, J.1. The appellants, who were the claimants have filed this appeal against award dated 12.11.2003 passed by Motor Accidents Claims Tribunal, Bilaspur in M.A.C. Case No. 75 of 2002, awarding Rs. 6,00,000 compensation in favour of appellants and against respondents. The respondent No. 3 was directed to deposit the amount of compensation within two months from the date of award, failing which, simple interest at the rate of 9 per cent per annum from the date of award till realization shall also be payable. The award amount was made payable to appellants in the ratio of 5:1.2. Facts in brief are that Rakesh Kumar Chandel, aged 30 years, on 15.7.2002 at about 5.30 p.m. was riding motor cycle No. HP 23-A 1049 and was proceeding from Bilaspur to Naina Devi Ji. The truck No. HP 24-2841 which was being driven by respondent No. 1 and owned by respondent No. 2 was coming from the opposite side and Rakesh Chandel was going uphill near Swarghat. The respondent No. 1 was driving the tr...
Jeet Mohammed Vs. Jatinder Kaur and anr.
Court: Himachal Pradesh
Decided on: Dec-16-2008
Reported in: AIR2009HP44
ORDERDeepak Gupta, J.1. This revision under Section 83(9) of the Wakf Act, 1995 is directed against the order dated 4-8-2003 of the Wakf Tribunal, for Kangra, Hamirpur, Kullu, Una, Lahaul Spiti and Chamba Districts at Dharamsala.2. Briefly stated the facts of the case are that the petitioner alleging himself to be the Pradhan of Jamait-E-Islam Committee, Raja-Ka-Talab, Tehsil Nurpur, District Kangra, H.P., filed a suit for permanent injunction for restraining the defendant from raising any construction on cutting or removing trees from or in any manner alien ating the land comprised in Khasra No. 1093, khata No. 340, Khatauni No. 643 measuring 0-47-30 hectares, situate in Mohal and Mauza Bari, Tehsil Nurpur, District Kangra, H.P. This suit was later-on transferred to the Wakf Tribunal since the civil Court had no jurisdiction to entertain the same.3. The grievance of the petitioner was that the suit land is recorded in the ownership of Punjab Wakf Board--defendant No. 2. According to h...
United India Insurance Co. Ltd. Vs. Kunta Devi and ors.
Court: Himachal Pradesh
Decided on: Dec-15-2008
Reported in: 2008ACJ355
Sanjay Karol, J.1. United India Insurance Co. Ltd. (hereinafter referred to as 'the insurer') has filed the present appeal assailing the award dated 3.3.2004 passed by the Motor Accidents Claims Tribunal, Hamirpur, H.P. in M.A.C. Petition No. 43 of 2002, titled as Kunta Devi v. Pawan Kumar.2. On 17.2.2002 an accident took place between two vehicles (bus No. HP 28-2711 and scooter No. HP 22-1498). The scooter was being driven by the deceased Amin Chand and the bus owned by the government was being driven by Kamlesh alias Kamal Singh, respondent No. 5 herein. In the said accident, Amin Chand sustained injuries, was medically treated but however died subsequently. His legal heirs filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act').3. Based on the pleadings of the parties, the Tribunal framed the following issues:(1) Whether Amin Chand, predecessor-in-interest of the petitioners died in a motor vehicle accident due to rash and neg...
National Insurance Co. Ltd. Vs. Sh. Kapoor Chand and ors. Etc.
Court: Himachal Pradesh
Decided on: Dec-10-2008
Reported in: AIR2009HP93
ORDERDeepak Gupta, J.1. These two appeals arise out of a common award of the learned Motor Accident Claims Tribunal-It, Shimla dated 29-4-2000 whereby he has allowed the claim petitions and held the Insurance Company liable to indemnify the owner and pay the compensation.2. The brief facts are that the vehicle No. HP-02-5128 met with an accident on 4-5-1996. The vehicle was being driven by its owner Sh. Ganga Lal. In this accident Smt. Radha Devi and Sh. Kushal Singh Negi died. Their legal heirs filed the two claim petitions. The learned Tribunal allowed both the claim petitions. Hence, these two appeals.3. Challenge of the Insurance Company to the award is on two grounds. Firstly, the vehicle in question i.e. Maruti Van No. HP-02-5228 (sic) was admittedly a taxi and therefore a commercial vehicle and since the driving licence of Ganga Lal did not have any endorsement entitling him to drive a transport vehicle there was a violation of the policy and the Insurance Company is not liable....
Hindustan Petroleum Corporation Ltd. and ors. Vs. Sh. Bhagwan Dass and ...
Court: Himachal Pradesh
Decided on: Dec-05-2008
Reported in: 2009(1)ShimLC346
Kuldip Singh, J.1. This revision is directed against the order dated 30.5.2008 passed by Civil Judge, Senior Division, Kangra at Dharamshala in Execution Petition No. 53 of 2007, dismissing the objections of petitioners under Section 47 read with Section 151 C.P.C. The petitioner No. 1 was defendant No. 3 in Civil Suit No. 89 of 1990 decided by the Senior Sub-Judge, Kangra on 16.6.1995. The petitioners No. 2 and 3 are the Chief Regional Manager and Chairman-cum-Managing Director of petitioner No. 1, respectively. The respondents are decree holders/plaintiffs in Civil Suit No. 89 of 1990.2. The facts in brief are that respondents filed Civil Suit No. 89 of 1990, in which Union of India, Oil Selection Board (North), Hindustan Petroleum Corporation Ltd., Kamal Abrol and Abhey Singh were the defendants. The suit was for declaration that selection of Kamal Abrol and Abhey Singh for allotment of LPG dealership/distributorship is wrong, illegal, null and void, letter of intent dated 3.3.1988 ...
H.P. State Industrial Development Corporation Ltd. Vs. Commissioner of ...
Court: Himachal Pradesh
Decided on: Dec-03-2008
Reported in: (2009)226CTR(HP)590
Kuldip Singh, J.1. The learned Counsel for the parties have submitted that in IT Appeal Nos. 1 of 2002 and 2 of 2002 common substantial questions of law are involved, similarly in IT Appeal Nos. 9 of 2004 and 10 of 2004 identical questions of law are involved. On the joint request of learned Counsel for the parties, all the four appeals were heard together, hence this judgment shall dispose of IT Appeal Nos. 1 of 2002 and 2 of 2002, 9 of 2004 and 10 of 2004.2. The brief facts of each appeal are given hereinbelow separately.IT Appeal No. 1 of 2002This appeal has been filed under Section 260A of IT Act, 1961 r/w Section 21 of the Interest-tax Act, 1974 (for short, Act) against the order dt. 11th Sept., 2001 passed by Income-tax Appellate Tribunal (Tribunal), Chandigarh Bench passed in Interest-tax Appeal Nos. 1, 2/Chd/2000 for the asst. yr. 1993-94. The further facts are that assessee filed the return for the asst. yr. 1993-94 (1st Oct., 1992 to 31st March, 1993) of chargeable interest R...
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