Himachal Pradesh Court March 2008 Judgments
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Chenab Textile Mills Ltd. Vs. R.G.B.J. Silk Mills Pvt. Ltd. and ors.
Court: Himachal Pradesh
Decided on: Mar-20-2008
Reported in: 2008(1)ShimLC468
Sanjay Karol, J.1. The present appeal arises out of judgment dated 25.3.2000 passed by Additional Chief Judicial Magistrate, Nurpur, District Kangra, H.P. in Private Complaint No. 62-II/92, titled as Chenab Textile Mills v. R.C.B.J. Silk Mills Pvt. Ltd. and Ors. dismissing the complaint filed by the present appellant under Section 138 of the Negotiable Instruments Act.2. The complainant, a Company registered under the Indian Companies Act filed a complaint in the Court of Additional Chief. Judicial Magistrate, Nurpur, District Kangra, H.P. alleging that in relation to the business dealing which accused No. 1 had with the complainant-company seven cheques i.e. No. 166801 dated 3.1.1990 amounting to Rs. 18,234/-; No. 166567 dated 3.1.1990 amounting to Rs. 24,480/-; No. 166848 dated 5.1.1990 amounting to Rs. 12,373/-; No. 166847 dated 5.1.1990 amounting to Rs. 22,413/-; No. 166851 dated 9.1.1990 amounting to Rs. 46,061/-; No. 166321 dated 28.6.1990 amounting to Rs. 7,93,393/- and No. 1663...
Puran Chand and anr., Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Mar-20-2008
Reported in: 2008(1)ShimLC460
Surinder Singh, J.1. All the three appeals, titled above, have arisen from a common judgment of conviction and sentence passed by the learned trial court in Sessions Case No. 43-G/VII/03 decided on 29.10.2004 under Sections 147, 452 and 302 read with Section 149 Indian Penal Code.Prosecution case:2. In brief the prosecution case has been that PW1 Vijay Kumar was watching television programme, during the intervening night of 9-10th April, 2003. He switched off his Television around 12 O'Clock and went outside to urinate, he was attracted by the noise of 'Bachao-Bachao' coming from the side of the house of Balbir Chand (deceased) and went there. He saw that Balbir Chand was caught hold of and was being given beatings by the appellants and convict Shuka, hereinafter to be referred as the accused persons. He also heard Ravi Dutt (PW3) son of Balbir Chand crying 'Dady Ko Maar Diya, Maar Diya'. On hearing the cries, the accused persons threw Balbir Chand in his courtyard and ran away. In the...
H.P. Housing Board Vs. Rajeev Bros.
Court: Himachal Pradesh
Decided on: Mar-18-2008
Reported in: 2008(1)ShimLC515
Kuldip Singh, J.1. This appeal has been directed against the judgment, decree dated 30.3.2G02 passed by learned District Judge, Kangra at Dharamshala, in Civil Suit No. 5-D/I/1999 dismissing the suit of the appellant for recovery of Rs. 3,32,135 along with interest at the rate of 18% per annum.2. The facts, in brief, are that appellant had invited tender for the construction of Houses under Partial Self-Financing Scheme at Bindraban, Palampur. The respondent submitted tender and after negotiations the work amounting to Rs. 33,21,848.88 was awarded to respondent. The respondent entered into an agreement No. 19 of 1993-94 on 17.7.1993 with the appellant for completion of the said work. As per Clause-2 of the agreement, if the contractor fails to complete the work within stipulated period in that event he will be liable to pay compensation up to 10% of the awarded amount to the department. The time limit for the execution of work was fixed two years which was accepted by the respondent. N...
Munni Lal Vs. Nomi and anr.
Court: Himachal Pradesh
Decided on: Mar-17-2008
Reported in: 2008(3)ShimLC444
Sanjay Karol, J.1. The present appeal arises out of the concurrent findings of facts recorded by the Court below.2. The appellant, as plaintiff filed a Civil Suit No. 418-1 of 1998 before the Sub Judge 1st Class, Theog, Distt. Shimla, seeking a declaration and injunction and challenging the legality of the orders dated 5.3.1998 and 21.9.1998 passed by the Assistant Collector 1st Grade, Kotkhai, partitioning the suit premises owned by the parties, which was initially jointly owned and possessed by S/Shri Roop Dass and Kanahiya. As per the plaintiff, the said land was jointly owned by S/Shri Roop Dass and Kanahiya. Smt. Balnu inherited the estate of Shri Roop Dass, who gifted her share to S/Shri Gaya Nand, Udey Singh and Lachmi Nand. Shri Kanahiya gifted his share to the plaintiff vide Gift Deed dated 30.11.1979. An oral partition took place between the plaintiff and Gaya Nand and the parties came into separate possession of their respective shares and developed the land by planting an o...
Excise of Taxation Commissioner Vs. Dhani Ram and Sons
Court: Himachal Pradesh
Decided on: Mar-17-2008
Reported in: 2009(1)ShimLC515
R.B. Misra and Surjit Singh, JJ.1. Present reference, under Section 33 of the Himachal Pradesh General Sales Tax Act, 1968, as amended from time to time, has been made by Financial Commissioner (Appeals), to the Government of Himachal Pradesh. The issues referred for our judgment are as follows:(i) Whether an assessment can be reopened by the Assessing Authority under Section 15 of HPGST Act in the absence of any new or hitherto un-disclosed information coming to the notice of such authority Can the comments or observations of another authority (such as audit) or the subsequent coming into knowledge of prior notification/orders of the Government be considered to be new definite information warranting reopening of an assessment?(ii) Is maize exempt from purchase tax under the provison of Section 5(A) of HPGST Act read with Schedule 'B' of the Act?2. Reference has been made on the request of M/s Dhani Ram & Sons, hereinafter referred to as 'Applicant', who is represented before us by Sh....
Jiwan Singh Joginder Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Mar-14-2008
Reported in: 2008(1)ShimLC502
Deepak Gupta, J.1. The present case involves the interpretation of Section 5-A of the H.P. General Sales Tax Act, 1968 (Act No. 24 of 1968) (hereinafter referred to as the Act).2. The petitioner firm in the writ petition had also challenged the constitutional validity of the aforesaid Section. At the time of hearing of the petition, this point was not pressed by the learned Senior Counsel for the petitioner in view of the judgment of the Apex Court in the case of Hotel Balaji and Ors. etc. etc. v. State of Andhra Pradesh and Ors. reported in : AIR1993SC1048 , wherein similar provisions in the Sales Tax Acts of other States have been upheld.3. The admitted facts are that the petitioner is a dealer and purchases maize from agriculturists. The case of the petitioner firm is that it receives orders from its principal M/s. Sukhjit Starch and Chemicals Limited, Phagwara, to purchase maize. The principal sends the packing material as well as trucks to transport the maize. The petitioner then ...
State of H.P. Vs. Bhagat Ram and anr.
Court: Himachal Pradesh
Decided on: Mar-14-2008
Reported in: 2008CriLJ2571
Sanjay Karol, J.1. The present appeal arises out of the judgment dated 15-5-2000 passed by the Judicial Magistrate 1st Class, Baijnath, Distt. Kangra, H.P. In Cr. Case No. 79-II/99/95, acquitting the accused of the charged offence.2. Complainant Saroj Kumari (PW-1) got her statement under Section 154, Cr. P.C. recorded with the Police Station, Baijnath, District Kangra, H. P. that she is resident of Malghota, Police Station Baijnath and in the morning of 31-1-1995 at about 11.15 a.m., after cleaning her house she threw the garbage on the side. Accused Bhagat Ram who was feeding his live stocks, started abusing her and inquired as to why she had thrown the garbage to which she replied that she had thrown the same at the very same place where she has been throwing earlier. At that the accused got enraged and hit her with 'Pachar' (a long piece of fire wood) due to which she received injuries on her nose, right eye and head. When she raised hue and cry, her father Sant Ram came to rescue ...
State of H.P. Vs. Kishan Chand
Court: Himachal Pradesh
Decided on: Mar-14-2008
Reported in: 2008(3)ShimLC406
Surjit Singh, J.1. State has appealed against the judgment of the Sessions Court whereby respondent Kishan Chand has been acquitted of the charge of rape, on which he was tried.2. We may first give a summary of the prosecution version. PW-1 Bhagat Ram is the father of the prosecutrix. He has three children, one daughter and two sons. The prosecutrix, at the relevant time, i.e., in December, 1990, was 5-1/2 years old. Two-three days before the occurrence PW-1 Bhagat Ram had gone to Civil Dispensary Jamni alongwith his wife to get her operated upon for family planning. He remained with his wife for 2-3 days at the dispensary after the operation. On 31st December, 1990, when PW-1 Bhagat Ram and his wife were still at Civil Dispensary Jamni and the prosecutrix and the son, younger to the prosecutrix, of Bhagat Ram, were in the village in the care and custody of their grandmother, PW-2 Prabhi Devi, the respondent allegedly committed rape on the prosecutrix, in the afternoon, at a lonely pla...
Karam Singh and anr. Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Mar-13-2008
Reported in: 2008(1)ShimLC531
Surinder Singh, J.1. The appellants were convicted in case No. 32/2000 (RBT No. 8/2004) by the learned Trial Court, for committing a gang rape on a mentally retarded woman and were sentenced to undergo the life imprisonment and to pay a fine of Rupees 50,000/- each under Section 376 (g) of the Indian Penal Code and rigorous imprisonment for a period of 2 years and to pay a fine of Rs. 10,000/- under Section 354 of the Indian Penal Code. Both the sentences were ordered to run concurrently.2. In brief, the prosecution story is that the complainant, Surinder Kumar (PW2) was running an 'AHATA' near liquor vend at Una. On 2.11.1999, at about 8.30 p.m. the appellants alongwith one more person came there for drinks. While all of them were taking liquor, they noticed a mentally retarded woman aged about 25 years (hereinafter to be referred as the prosecutrix), clad in a parrot coloured suit and having a green colour CHUNI, sitting adjoining to the place where they were taking liquor. All of th...
State of H.P. Vs. Bhupinder Singh
Court: Himachal Pradesh
Decided on: Mar-13-2008
Reported in: 2008CriLJ2689
Surinder Singh, J. 1. The respondent was tried and acquitted for the offence under Section 302 of the Indian Penal Code, allegedly for causing the murder of one Davinder Singh.2. The State felt aggrieved by the impugned judgment of acquittal and accordingly, the instant appeal has been filed.3. We have heard the learned Counsel for the parties and gone through the evidence on record in meticulous details.4. Succinctly, the case of the prosecution is that the respondent is employed as a labourer in Military Engineering Service (MES) at Dhariwal. Deceased-Davinder Singh was a matriculate and was an unemployed youth, resident of village Mal Samrahana of district Gurdaspur. Said Davinder Singh (deceased) and the respondent were known to each other and were in visiting terms in the houses of each other.5. The deceased was in search of a job and requested the respondent to help him in getting the job. The respondent assured to get him recruited in the Indian Army and demanded Rs. 15,000/- fo...
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