Himachal Pradesh Court April 2008 Judgments
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Union of India (Uoi) Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Apr-10-2008
Reported in: 2008(3)ShimLC97
Deepak Gupta, J.1. This appeal is directed against the judgment of a learned Single Judge of this Court whereby he has allowed CWP No. 812 of 2001 filed by the respondents No. 4 and 5 herein and has held that the petitioner No. 1 is entitled to the amount of transport subsidy.2. Brief facts of the case are that the petitioner is a public limited Company duly incorporated under the Indian Companies Act, 1956. It is engaged in the manufacture of cement at Barmana in District Bilaspur. The petitioner-company set up its first Unit at Barmana prior to 1984 but the said Unit was commissioned in the year 1984. The Union of India had framed a scheme known as 'Transport Subsidy Scheme' in the year 1971. This scheme was applicable in the State of H.P., and has been extended from time to time and admittedly continued to remain in operation with certain modifications. The salient features of the scheme as initially notified were that it would be applicable to the existing and new industrial units....
Walia Automobiles Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Apr-10-2008
Reported in: 2008(2)ShimLC135
Deepak Gupta, J.1. By means of this petition, the petitioner has prayed for the quashing of the orders whereby penalty and interest have been imposed on the petitioner.2. The brief facts of the case are that the petitioner is a partnership firm and is engaged in the running of a petrol station at Bhupper, Tehsil Paonta Sahib, District Sirmour, H.P. The petitioner firm is duly registered under the H.P. Motor Spirit (Taxation of Sales) Act, 1968 (hereinafter referred to as the Act). Admittedly, the petitioner has paid the entire tax due under the aforesaid Act for the assessment years 1992-93 and 1993-94. However, penalty and interest have been imposed on the petitioner on the ground that the petitioner did not file the returns within time and therefore was liable to pay penalty and interest in terms of Section 5-A of the Act. It would be pertinent to mention that Section 5-A was introduced vide amendment which came into force w.e.f. 1.6.1992. The relevant portion of this Section reads a...
Tej Deen Vs. H.R.T.C. and anr.
Court: Himachal Pradesh
Decided on: Apr-10-2008
Reported in: 2008(3)ShimLC485
Rajiv Sharma, J.1. The present petition is directed against the order passed by the learned Tribunal in O.A. No. 1094 of 1991 on 17th August, 2001. The brief facts necessary for the adjudication of this petition are that the petitioner was appointed as Driver in the respondent-Corporation on 19th November, 1984. His services were terminated by the respondent-Corporation on 31st January, 1987 under Rule 19.1 of the Central Civil Services (Classification Control and Appeal) Rules, 1965. He filed original application before the learned Himachal Pradesh Administrative Tribunal Bearing No. O.A. No. 1094 of 1991. The original application was dismissed by the Tribunal on 17th August, 2001.2. Mr. Manohar Lal Sharma, learned Counsel for the petitioner had strenuously argued that the order passed by the learned Tribunal on 17th August, 2001 is not sustainable in the eyes of law. Shri Ashok Sharma, learned Counsel for the respondents had supported the order dated 17th August, 2001.3. We have hear...
H.P. Financial Corporation Vs. Commissioner of Income Tax
Court: Himachal Pradesh
Decided on: Apr-09-2008
Reported in: (2008)217CTR(HP)284,[2008]306ITR252(HP),2008(3)ShimLC451
...
Krishan Chand Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Apr-09-2008
Reported in: 2008(3)ShimLC119
Surjit Singh, J.1. Heard and gone through the record.2. Appellant has been convicted of an offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for allegedly being in exclusive and conscious possession of 1.050 kgs. of Charas and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000, in default of payment of fine to undergo rigorous imprisonment for a further period of one year.3. The only submission that has been made on behalf of the appellant-convict is that the appellant was sent up for trial for possessing Charas and the Charas, as per definition contained in Sub-clause (a) of Clause (iii) of Section 2 of the Narcotic Drugs and Psychotropic Substances Act, means resin, in whatever form, whether crude or purified, obtained from cannabis plant and also includes concentrated preparation known as Hashish oil or liquid Hashish. It has been submitted that in the present case, as per report of the Chemical Examiner, the...
Commissioner of Wealth Tax Vs. Raghunath Singh Thakur
Court: Himachal Pradesh
Decided on: Apr-08-2008
Reported in: (2008)216CTR(HP)248,[2008]304ITR268(HP),2008(2)ShimLC129
Deepak Gupta, J.1. This judgment shall dispose of four appeals since all the appeals are admitted on the following two common substantial questions of law:1. Whether on the facts and in the circumstances of the case the Tribunal was right in law in holding that where the assessee's figures are supported by valuation report of registered valuer and WTO has not made a reference to the valuation cell, then the assessee's figures are required to be accepted?2. Whether on the facts and in the circumstances of the case the Tribunal was right in law in holding that the sale consideration of plot 'A' would not be relevant for purpose of determining the valuation of the adjoining plot i.e., 'B' vis-a-vis the asst. yrs. 1987-88 and 1988-89 and subsequent asst. yrs. 1989-90 and 1990-91?2. In our opinion, the second question is consequential to the first question and if we decide the first question in favour of the assessee and against the Revenue, the second question would not arise at all, it be...
State of H.P. Vs. Balvinder Kaur and ors.
Court: Himachal Pradesh
Decided on: Apr-08-2008
Reported in: 2008(3)ShimLC435
Surjit Singh, J.1. State is aggrieved by the judgment of the Sessions Court whereby respondents Balvinder Kaur and Saravjit Singh and another person named Ravinder Singh, since deceased, have been acquitted of the charge of conspiracy to murder, murder and destruction of evidence of murder with a view to screening the offenders. So it has filed the present appeal.2. Facts, as they emerge from the prosecution evidence may be stated thus: Deceased Surjit Singh was employed as a Constable with Punjab Police. In the year 1987, his wife died. He was thereafter transferred to Mohali. He started living in the neighborhood of respondent Balvinder Kaur. Deceased and respondent Balvinder Kaur developed illicit relations. Deceased rented some accommodation at Dharampur in the building of Raj Kumar (PW 3) in July, 1990 and occupied the same on 5-9-1990. Respondent Balvinder Kaur accompanied him. A son of the deceased aged about, eight years, named Chhapinder Singh alias Soni (PW 14) was also with ...
Parents Association (Dav Public School) and anr. Vs. State of H.P. and ...
Court: Himachal Pradesh
Decided on: Apr-07-2008
Reported in: 2008(3)ShimLC455
Rajiv Sharma, J.1. This petition has been filed in a representative capacity on behalf of the parents of the students who are pursuing their studies in respondent No. 3 school primarily on two grounds: firstly, the school lacks basic infrastructure as per the norms laid down by the Central Board of Secondary Education and secondly, the fee charged by the respondents No. 2 and 3 from the students is exorbitant. The respondent No. 1 has filed a very short reply stating therein that the respondent No. 3 school is affiliated to C.B.S.E. stream and no grant was ever given to D.A.V. Public School, Rampur. The respondents No. 2 and 3 have filed a detailed reply, whereby it is specifically denied that the school lacks in providing basic infrastructure. It is also denied that the school is charging exorbitant fees from the students as alleged by the petitioners.2. Mr. Bimal Gupta, learned Counsel appearing for the petitioners had strenuously argued that the school lacks the basic facilities of ...
Block Development Officer Vs. Yoginder Kumar and ors.
Court: Himachal Pradesh
Decided on: Apr-05-2008
Reported in: [2008(118)FLR460],(2008)IIILLJ451HP,2008(1)ShimLC513
Rajiv Sharma, J.1. A challenge has been laid by the employer to the Award dated 30.5.2005 passed in Reference No. 176 of 2000 (RBT No. 297/84) by the Labour Court-cum-Industrial Tribunal, Dharamshala Camp at Dehra.2. The brief facts necessary for the adjudication of this petition are that the State Government has made the following reference to the Labour Court-cum-Industrial Tribunal:Whether termination of services of S/Shri Yoginder Kumar, Mahender Singh, Ranjeet Singh and Kesari Dass, Ex-daily wages beldars by Block Development Officer, Paragpur, Tehsil Dehra, District Kangra H.P. w.e.f. 5/98 orally without any notice, charge-sheet, enquiry and without compliance of Section 25(F) of the Industrial Disputes Act, 1947, besides non-payment of legal dues, as alleged, is legal and justified? If not to what relief of service benefits and amount of compensation, the above aggrieved workman are entitled?3. In sequel to the reference made by the State Government the respondents hereinafter r...
Satish Kumar Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Apr-04-2008
Reported in: 2008(1)ShimLC524
Surjit Singh, J.1. Appellant is aggrieved by the judgment of the trial Court, whereby he has been convicted of offence, punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/-; in default of payment of fine to undergo rigorous imprisonment for a further period of two years.2. Allegations on which the appellant was put on trial may be summed up thus. On 1st May, 2003, at 12.10 a.m. (midnight), bus No. HP-48-4532 started from Chamba for Amritsar. A police party headed by PW-10 Jatinder Kumar, SHO, Police Station, Dalhousie, got the bus stopped at 1.30 a.m. at a place called Panjpulla for checking. Appellant was found occupying seat No. 36 in the bus. He was holding a plastic bag on his lap. PW-10 Jatinder Kumar suspected that Charas was there in the bag. He required the appellant to alight from the bus. His bag was searched. There were three plastic packets inside th...
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