Himachal Pradesh Court March 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.
Mohan MeakIn Breweries Ltd. Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Mar-31-2008
Reported in: 2008(1)ShimLC505
Rajiv Sharma, J.1. A challenge has been laid to the orders passed by the Financial Commissioner (Revenue) in case No. 122/82. 123/82 (Revision) dated 15.10.1998. The brief facts necessary for the adjudication of this petition are that the petitioner-company is incorporated under the Companies Act. It is carrying on the business of manufacture and sale of Indian made foreign liquor, beer, break-fast food and food products etc. The assessing authority had passed the assessment order for the assessment year 1968-69. The assessing authority had allowed exemption under Section 41(A)(ii) of the H.P. General Sales Tax Act, 1968 for the sales of goods made in the course of export out of the territory of India. The assessing authority passed an order for the assessment year 1969-70 (Remand case) on 19.1.1976. The company preferred an appeal before the appellate authority. The appellate authority passed the order on 22.4.1977.2. Thereafter on remand, fresh order was passed by the assessing autho...
Rakesh Kumar Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Mar-31-2008
Reported in: 2008CriLJ2924
V.K. Ahuja, J.1. This is an appeal filed by the appellant against the judgment of the Court of learned Additional Sessions Judge, Fast Track, Kullu, dated 16-8-2005, vide which the appellant was held guilty under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, hereinafter referred to as the NDPS Act and was sentenced as under:Rigorous imprisonment for nine years, fine of Rs. 90,000/- (ninety thousand) and in default of payment of fine, further simple imprisonment for a period of one year.2. Briefly stated the facts of the case are that on 27-11-2003, at 8.00 a.m., P.W. 8 SI/SHO Daya Sagar along with other police officials was present near Ghiyagi Bridge in connection with patrol and detection of crime. A maruti car came there from Sojha side. It was stopped and its documents were demanded from the driver. The vehicle was being driven by the appellant and one Munish Kumar alias Sonu was sitting by his side and two other accused Babar Ali and Kamaljil were sitting in th...
State of Himachal Pradesh Vs. Varinder Kumar
Court: Himachal Pradesh
Decided on: Mar-28-2008
Reported in: 2008CriLJ4175
Sanjay Karol, J.1. The present appeal arises out of judgment dated 25-2-2000 passed by Judicial Magistrate, 1st Class (4), Shimla, acquitting the accused of the offence punishable under Sections 279, 337 and 338,, IPC.2. As per the case of the prosecution, on 31-7-1997 complainant-Dharam Pal was travelling in a private bus bearing No. HP-22-4311 from Nadaun to Shimla. The bus was being driven by the accused Varinder Kumar. At about 11.10 a.m., when the bus was about to reach a place called Ganahatti, on seeing the Truck bearing No. HP-11-2387, coming from opposite direction, the accused applied his brake but due to high speed and wrong direction the bus collided with the truck. The accident occurred due to rash and negligent acts of the accused and the passengers sitting in the bus sustained injuries and both the vehicles were damaged. The statement of complainant-Dharam Pal (Ext. PW-8/A) under Section 154, Cr. P. C. was recorded and based on the same FIR No. 104, dated 31-7-1997 (Ext....
Secretary, H.P.P.W.D. and ors. Vs. Tunglu
Court: Himachal Pradesh
Decided on: Mar-28-2008
Reported in: 2008(3)ShimLC493
Sanjay Karol, J.1. The present appeal arises out of the award dated 12.11.2002 passed by the Additional District Judge, Shimla, Camp at Rohroo, in Land Reference No. 12-S/4 of 1999 titled as Tunglu v. State of H.P. through Secretary (PWD) and Ors..2. Petitioner's land bearing khasra No. 440/1 situate in Village Sharkhali; District Shimla, H.P., measuring 0-09-21 Hects. was acquired for the public purpose, namely, construction of Badiara-Kaloti-Dhumadhar road vide Notification issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') dated 15.11.1996 and published in Rajpatra on 30.11.1996.3. The total land holdings of the petitioner was approximately 10 bighas (75.25 Hects.) on which he set up an apple orchard. The road was constructed right through the petitioner's land dividing it into two parts. In terms of the Collector's award dated 25.11.1997, the compensation determined for the acquisition of the land was as under:Classification of land Rate...
State of H.P. Vs. Harvinder Singh and ors.
Court: Himachal Pradesh
Decided on: Mar-27-2008
Reported in: 2008(2)ShimLC229
Surinder Singh, J.1. The respondents were put on trial and acquitted of the offences under Sections 323, 365 and 302 read with Section 34 of the Indian Penal Code for allegedly abducting Atul Puri, causing simple injuries to Ravi Kumar and Yog Raj Gupta and causing the death of Rajneesh Singh.2. In brief, the prosecution story, as emerges from the prosecution witnesses can be stated thus: Harvinder Singh was the driver and Suraj Singh respondent was conductor of bus No. HIE-1387 of H.R.T.C. Kullu depot running between Jammu and Manali. S/Shri Ravi Dogra (PW3), Yog Raj, Vikas Kalia, Jagat Ram, Balram Kumar (PW2), Nand Chand, Atul Puri and Rajneesh (deceased) were B.Sc. students of the Agriculture University Palampur and they used to stay in the campus hostel. On 14.11.1991, after watching the movie, in the evening, they went to a shop where the cricket match between India and Australia was being telecast. It ended around 11 p.m. All the above named students waited for the bus, to take a...
Bhagat Ram Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Mar-26-2008
Reported in: 2008CriLJ3276
Surjit Singh, J.1. Appellant has appealed against the judgment of Sessions Court convicting him of offences, under Section 302, IPC and Section 27 of the Indian Arms, Act, and sentencing him to life imprisonment and to pay finer of Rs. 5000/-, in default of payment of fine to undergo rigorous imprisonment for a further period of one year, in respect of offence under Section 302, IPC, and three years rigorous imprisonment and. fine of Rs. 2000/- in default of payment of fine to undergo rigorous imprisonment for a further period of six months, in respect of offence under Section 27 of the Indian Arms Act.2. The factual matrix, which led to the trial and conviction of the appellant, may be noticed. Deceased Gurdei was married to Nikku Ram, a brother of the appellant, about 30-32 years back. Said Nikku Ram died 4-5 years after the marriage and thereafter the deceased settled with the appellant as his wife. About 18-19 years prior to the occurrence, which took place on 6-11-2002, the appell...
H.P. State Forest Corporation Ltd. Vs. Narmada Devi and ors.
Court: Himachal Pradesh
Decided on: Mar-26-2008
Reported in: 2009ACJ1567,[2008(118)FLR458],2008(1)ShimLC500
Sanjay Karol, J.1. The appellant has assailed the award dated 28.8.2003 passed by the Commissioner under the Workmen's Compensation Act, Chopal, District Shimla, in Case No. 2/99.2. Shri Om Parkash was employed as Chowkidar and was on duty with the appellant. On 8.10.1997 due to poor visibility he fell and received injuries and died due to the same. His wife and children, as legal heirs, filed the compensation application under the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act').3. On the pleadings of the parties, the Court below framed the following issues:1. Whether the deceased received injuries and died during the employment in the department? OPA2. Whether the applicant is entitled to get claim/relief as claimed? OPA3. Whether the application is not maintainable in the present form as alleged? OPR4. Whether the applicants are estopped to file the present application on account of their acts, conduct, omission and lapses as alleged? OPR5. Relief.On the basis...
Swaran Singh Chahal Vs. Union of India (Uoi) and ors.
Court: Himachal Pradesh
Decided on: Mar-26-2008
Reported in: [2008(119)FLR274]
Rajiv Sharma, J.1. A challenge has been laid to the order dated 17.10.2000 passed by the Central Administrative Tribunal, Chandigarh Bench in O.A. No. 144/CH/2000.Since common questions of law and facts are involved, these writ petitions are being disposed of by a common judgment.The petitioner Swaran Singh assailed the order of the Tribunal along with Sh. Bachhan Singh and Sh. S.C. Gaur by way of CWP No. 978/2000. A. statement was made by the learned Counsel appearing on behalf of the petitioners that the present petition may be treated to be filed by petitioner No. 2 i.e. Swaran Singh, IPS alone. The Counsel for the petitioners was permitted to file separate petitions on behalf of Bachhan Singh and S.C. Gaur without insisting to file all the Annexures. The writ petition filed by Sh. Bachhan Singh was registered separately and assigned CWP No. 110/2001. The petition filed by Sh. S.C. Gaur was registered as CWP No. 109/2001.2. The brief facts necessary for the adjudication of these pet...
Citizen Softwares Vs. Union of India (Uoi) and ors.
Court: Himachal Pradesh
Decided on: Mar-20-2008
Reported in: (2008)216CTR(HP)72
ORDER1. Learned Counsel for the petitioner presses for interim relief because 31st of March, 2003 is approaching very fast. Learned Counsel relies upon Section 245D(4A) of the IT Act, wherein it is categorically provided that in respect of application referred to in Sub-section (2A) or Sub-section (2B) the application be decided on or before 31st March, 2008. The petitioner has reasons to believe that the same would not be decided because of the heavy pendency of cases before the Settlement Commission.2. We have perused the application for interim relief wherein it has been prayed that the operation of the proposed amendment in Section 245D of the IT Act, 1961 shall be stayed. We are of the considered opinion that this Court has no jurisdiction to stay any proposed amendment because it will amount to interference in the independent functioning of the Parliament. The law in force has to be enforced by the authorities to be complied within its letter and spirit. The Constitutional validi...
State of H.P. Vs. ChaIn Singh
Court: Himachal Pradesh
Decided on: Mar-20-2008
Reported in: 2008(2)ShimLC120
Surjit Singh, J.1. Appellant State has preferred this appeal, against the judgment of the Sessions Court, whereby the respondent, who was tried for offences punishable under Section 376, 323 and 506, I.P.C., has been acquitted.2. Allegations which were made against the respondent may be noticed. On 14-9-1991, a group of women, including the prosecutrix, and men from village Pukhru in Bhattiyat Tehsil of Chamba District, went to see a fair at some place in the adjoining District of Kangra. In the evening, the prosecutrix, who was examined as PW3, accompanied by five ladies named Kalasho, Seema, Billo, Sunni Devi and Pushpa and the respondent and his Chacha Magzi Ram, started back for the village from the site of the fair. On the way, respondent consumed liquor at a place called Manghiana. Around 8.30 P.M, the companion ladies of the prosecutrix, left the prosecutrix behind by a few yards. The respondent, who was following the women, started making vulgar utterances. He caught hold of th...
- ‹ Prev
- 2
- 3
- Next ›
- Last »