Himachal Pradesh Court May 2008 Judgments

Sarita Vij and Co. Vs. Cit and anr.

Court: Himachal Pradesh

R.B. Msra, J.1. These two IT appeals have been preferred by the appellant under Section 260A of the Income Tax Act, 1961 (in short called 'Act') against the common order dated 6-1-1999 passed by the Income Tax Appellate Tribunal ('Tribunal'), Chandigarh in IT Case Nos. 2048 and 2049/Chd/1991 in respect of the assessment years 1986-87 and 1987-88, therefore, both these appeals are being disposed of by a common judgment.2. While admitting both the appeals, following substantial questions of law were framed by the High Court qua adjudication:(c) Whether assessment in the status of BOI can be legally sustained especially when the individuals' share has already been assessed in the hands of co-owners on substantive basis?(d) Whether the status of BOI can be ascertained, when no return in the status of BOI, nor any notice/letter from the Income Tax Officer regarding his intention to assess the case in the hands of BOI had been issued ?(e) Whether Section 26 of the Income Tax Act, 1961 applie...

Balak Ram and anr. Vs. State of H.P.

Court: Himachal Pradesh

Reported in: 2008(2)ShimLC192

V.K. Ahuja, J.1. This is an appeal filed by the appellants against the judgment passed by the learned Special Judge, Solan, dated 27.7.2000, vide which the appellants were held guilty under Section 13(2) of the Prevention of Corruption Act and were sentenced to undergo RI for two years each. They were also liable to pay fine of Rs. 2,000/- each. In default of payment of fine, the appellants were to undergo RI for a further period of two months.2. Briefly stated the facts of the case are that appellant Balak Ram was posted as Patwari, Badhlla Circle, while Prithvi Chand was posted as Field Kanungo, Ram Shahar. It was alleged that on 27.5.1992, the complainant Ram Chand moved an application for demarcation of his land to the concerned Patwari Balak Ram. The said Balak Ram assured him that the demarcation would be effected after spot inspection. The demarcation was not given by the Patwari and by the Field Kanungo, though the complainant approached them several times and thereafter, on 10...

Ravi Dutt and ors. Vs. State of H.P. and ors.

Court: Himachal Pradesh

Reported in: (2008)IIILLJ795HP,2008(2)ShimLC324

Rajiv Sharma, J.1. The brief facts necessary for the adjudication of this petition are that the members of the petitioners' union were engaged by respondent No. 3 since 1983-84 onwards. Respondent No. 3 had moved an application to respondent No. 1 seeking permission of closure of the factory under Sub-section (1) of Section 25-O of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act for brevity sake) on 4.4.2003. It was specifically mentioned in the application dated 4.4.2003 that number of employees whose services were to be terminated on account of the closure of the unit was 149. The application was rejected on 9.5.2003 whereby the permission was not accorded for the proposed closure of the unit. Respondent No. 3 i.e. management approached the State Government on 15.12.2003 under Section 29(N) of the Act seeking permission for retrenchment of 50 workmen out of 141 workmen with effect from 15.3.2004. The application was decided on 12.12.2004 whereby the State Govern...

Vinod Kumar and ors. Vs. Union of India (Uoi) and ors.

Court: Himachal Pradesh

Reported in: (2009)ILLJ294HP

ORDERRajiv Sharma, J.1. The petitioners are seeking regularization on the basis of the Scheme formulated in the year 1989 called 'Casual Labourers (Grant of Temporary Status and Regularization) Scheme of the Department of Telecommunications, 1989' (hereinafter referred to as the scheme, 1989 for brevity sake) as well as under the left over scheme framed in the year 2001 and also for quashing the notices of retrenchment issued on August 16, 2001.2. Mr. V.D. Khidta, advocate appearing on behalf of the petitioners had strenuously argued that the petitioners had completed 240 days strictly as per the scheme framed in the year 1989 and his clients were required to be regularized. He in the alternative had submitted that the petitioners were also eligible and qualified to be considered for regularization even as per the left over scheme framed in the year 2001. He had specifically assailed the notices dated August 16, 2001 whereby the petitioners' services were dispensed with.3. Mr. Ashok Sh...

Ram Lok and ors. Vs. the Director and ors.

Court: Himachal Pradesh

Reported in: 2009(1)ShimLC238

R.B. Misra, J.1. These writ petitions have been preferred by the writ petitioners against the impugned order dated 18.11.2003 passed in O.A. No. 926/HP/2002 along with other O.A. Numbers, namely, O.A. No. 925/ HP/2002, O.A. No. 923/HP/2002, O.A. No. 924/HP/2002, O.A. No. 928/ HP/2002 and O.A. No. 927/HP/2002, whereby their prayer for granting benefit of first and second financial upgradations under the Assured Career Progression Scheme (in short called 'ACP') and all consequential benefits to be extended to them, have been denied by the Central Administrative Tribunal (Circuit Bench) at Shimla.2. Since the common question of law and facts involved in all the original applications, the same were dealt with and adjudicated upon together by a common impugned order, as such, all these writ petitions are being disposed of by a common order.3. It appears that the 'ACP' Scheme was introduced by the Government of India, Ministry of Personnel, Public Grievances and Pensions, (Department of Pers...

Piar Singh and anr. Vs. State of H.P.

Court: Himachal Pradesh

Reported in: 2008(2)ShimLC248

V.K. Ahuja, J.1. This is an appeal filed by the appellants against the judgment of the Court of learned Sessions Judge, Mandi, dated 6.9.2000, vide which the appellants were held guilty under Sections 451 and 436 read with Section 34 I.P.C. and were sentenced as under:Under Section 451 IPC:Rigorous imprisonment for a term of one year and to pay a fine of Rs. 1,000/- each and in default of payment of fine, to undergo imprisonment for one month.Under Section 436 I.P.C.:Rigorous imprisonment for a term of four years and to pay a fine of Rs. 2,000/- each and in default of payment of fine, to undergo imprisonment for additional term of two months.2. Briefly stated the facts of the case are that on 1.6.1997, an information was received by the police at 8.10 p.m. that a fire had taken place in the shops at Kanaid. On receipt of this information, MHC Police Station, Balh gave information to MHC Police Station, Sundernagar about this fact and entry at serial No. 30 was recorded at 8.30 p.m. by ...

State of H.P. Vs. Bharat Ram

Court: Himachal Pradesh

Reported in: 2008(3)ShimLC54

Sanjay Karol, J.1. The present appeal arises out of the judgment dated 28th December, 2000 passed by Chief Judicial Magistrate, Shimla in Criminal Case No. 203/3 of 1999/94 titled as State v. Bharat Ram, acquitting the accused of the charged offence under Section 61(1)(a) of Punjab Excise Act, as applicable to the State of Himachal Pradesh.2. As per the case of the prosecution on 5th February, 1994 at about 6.45 p.m. Inspector Sh. Jai Pal Singh (PW-7), ASI Sh. Jagdish Chand (PW-6), Constable Gopal Dass and Constable Santosh Singh were on patrolling duty. They received secret information that accused Bharat Ram, shopkeeper at Nalhatti is dealing with unlawful business/sale of liquor in his shop. Considering the information to be genuine, a raiding party was constituted by associating the witnesses, namely Narain Singh (PW-4) and Kulwant Singh (PW-2). The raids was conducted in the shop of the accused in his presence and in all seventeen cartons containing 212 bottles of country liquor (...

Ms. Vijay Sharma @ Vijay and anr. Vs. Lt. Col. L.H.M. Gregory and ors.

Court: Himachal Pradesh

Reported in: 2008(3)ShimLC190

Surjit Singh, J.1. In this appeal, under Section 299 of the Indian Succession Act read with Order 43, C.P.C., appellants Ms. Vijay Sharma alias Vijay and Padam Chand Joshi, have challenged the order dated 14-1-1994 of learned Single Judge whereby in Probate Case No. 1 of 1986, Letters of Administration, with the Will annexed thereto, has been issued in favour of respondent No. 1 Lt. Col. L.H.M. Gregory, through his attorney Shri Kamaljit Singh Grewal. Appellants were not party to the probate proceedings in which the aforesaid Letters of Administration has been granted. Their contention is that they are the legal representatives of one of the respondents in the Probate Case, namely, Ms. Doris Isolene Heysham, who died during the pendency of the said probate case, but the petitioner took no steps to bring them on record, inspire of the fact that the said deceased respondent executed a registered Will in their (appellants) favour on 14-10-1993.2. First the facts which have led to the fili...

State of H.P. Vs. Jarmu

Court: Himachal Pradesh

Reported in: 2008(3)ShimLC25

Surjit Singh, J.1. This appeal by the State is directed against the judgment of Sessions Court, whereby respondent Jarmu who was tried for an offence under Section 302 of the Indian Penal Code for allegedly murdering one Raj Kumar, has been acquitted.2. Case of the prosecution, as it emerges from the evidence on record, may be stated thus. On 25.5.1991, deceased Raj Kumar went to the house of PW-3 Prithia to see his ailing mother. The time was around 9 p.m. He stayed there for 10-15 minutes and left for his own house. About thirty minutes later PW-3 Prithia heard PW-6 Jai Fali crying 'MAR DIYA, MAR DIYA, BACHAO.' Hearing the cries, Prithia accompanied by his brother Nikku Ram, came out of the room to the Verandah of his house, switched on the light and saw Raj Kumar lying in the Verandah of respondent Jarmu with an injury on the back of his head and blood coming out from his mouth and ears. He also saw respondent Jarmu standing near Raj Kumar with a 'Kulharu' in his hand. Respondent wa...

New India Insurance Company Vs. Smt. Rukmi Devi and ors.

Court: Himachal Pradesh

Reported in: 2009ACJ257,2008(2)ShimLC212

Dev Darshan Sud, J.1. The Insurance Company has preferred this appeal against the judgment and award of the learned Motor Accidents Claims Tribunal, Shimla awarding a sum of Rs. 3,70,000/- to the claimants and interest thereon for the death of Shri Chander Singh.The claim arises out of an accident which occurred on 12th October, 1997 between Bhararighat and Namhol when truck bearing No. HIH 335 struck with Scooter No. HP-07-0407, on which the deceased was travelling as a pillion rider.2. The petition was contested by the owner of the vehicle, driver and insurer of the truck. There was also a contest and opposition to the petition by the owner and driver of the Scooter. Learned trial Court, after a detailed appraisal of the evidence awarded a sum of Rs. 3,70,000/- along with interest to the claimants who are the widow, minor children and mother of the deceased. The Insurance Company is now in appeal.3. The challenge to the award is that the denial of permission under Section 170 of the ...