Himachal Pradesh Court June 2008 Judgments
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Rajinder Sharma and Naresh Kumar Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Jun-20-2008
Reported in: 2008(3)ShimLC73
Rajiv Sharma, J.1. Since common questions of law and facts are involved in both these petitions, the same are being disposed of by a common judgment.CWP No. 1097/20042. The Court will examine the facts of this case in detail to avoid repetition of facts while adjudicating upon these writ petitions.The brief facts necessary for the disposal of the writ petition are that the petitioner was appointed as Lecturer (Chemistry) in the respondent-college on 14th September, 1991. He was granted the senior scale with effect from 14th September, 1996 in the pre-revised scales. He was granted the senior scale of Rs. 10,000-15,200 vide office order dated 8th June, 2000 with effect from 27th July, 1998. He was granted the selection grade with effect from 27.7.2003 vide office order dated 22.2.2006 during the pendency of this petition.3. Mr. Rajnish Maniktala, Advocate had strenuously argued that his clients are entitled to get the senior scale with effect from 1.1.1996 instead of 27.7.1998. His furt...
Sant Singh Vs. Smt. Ram Kaur and anr.
Court: Himachal Pradesh
Decided on: Jun-20-2008
Reported in: 2008(3)ShimLC125
Dev Darshan Sud, J.1. This is the landlord's revision against the judgment of the learned Appellate Authority reversing the order of eviction passed by the learned Rent Controller against the respondents.The landlord approached the Rent Controller under Section 14 of the H.P. Urban Rent Control Act, 1987 (hereinafter referred to as the 'Act') praying for a decree for eviction of the respondents Shri Darshan Singh and Shri Jaspal Singh from house No. 127/A, Krishna Nagar, Shimla, on the grounds of, (a) arrears of rent (b) sub-letting, (c) unauthorized additions and alterations carried out by the respondent herein resulting in impairment of the utility and value of the rented premises. The landlord alleged that the premises were let out to Shri Darshan Singh, respondent No. 1 herein, in 1970 at Rs. 80 per month, but no written agreement was executed between the parties. It was alleged that the respondents are in arrears of rent from 1.3.1989 to 31.1.1990. The second allegation was that r...
Himachal GramIn Bank Vs. Deputy Commissioner of Income-tax and anr.
Court: Himachal Pradesh
Decided on: Jun-19-2008
Reported in: [2008]305ITR163(HP),[2009]176TAXMAN433(NULL)
Sanjay Karol, J.1. Himachal Gramin Bank, a banking institution, with respect to the assessment year 1990-91 filed a return showing loss of Rs. 1,51,03,247. Vide order dated November 19, 1990, the assessee was informed under Section 143(1A) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), that the following deductions claimed in the return were disallowed and thus the total loss of the assessee was reduced to Rs. 1,36,42,304:Travelling expenses 60Provision for gratuity 9,61,482Provision for bonus 4,62,000Previous year expenses 6,053Entertainment under Section 37(2A) 30,748-------------14,60,343-------------2. The deductions were disallowed for non-compliance with the statutory conditions stipulated under Section 43B of 'the Act'.3. On April 4, 1991, the assessee filed an application under Section 154 of 'the Act' seeking rectification, which was disallowed by the Assistant Commissioner of Income-tax in terms of its order dated September 6, 1991. The application was re...
ishwar Lal Chaudhary and anr. Vs. National Insurance Company and ors.
Court: Himachal Pradesh
Decided on: Jun-18-2008
Reported in: 2009ACJ37,2008(2)ShimLC310
Kuldip Singh, J.1. Ishwar Lal Chaudhary subsequent purchaser of motor-cycle and Sajjan Singh who was driving the motor-cycle at the time of accident have filed the present appeal against the award dated 11.10.1993 passed by learned Motor Accident Claims Tribunal-II, Solan, Camp at Nalagarh in MAC Petition No. 16-NL/2 of 1990/1989 awarding a sum of Rs. 65,000/- alongwith interest at the rate of 12% per annum from the date of petition to claimants Bali Mohd. and Sairan parents of deceased Suleman. The liability of the appellants has been held to be joint and several and the insurer has been exonerated from the liability to pay compensation.2. The facts in brief are that Suleman aged about 19 years who was riding on a bicycle on 17.4.1989 was hit by motor-cycle bearing registration No. CHN-7437 at about 7 a.m. opposite Hypine Carbon Factory near Nalagarh. Suleman sustained multiple injuries including a head injury, he was brought to Nalagarh Hospital where he succumbed to his injuries, Ba...
Dr. Shashi Pal Sood and anr. Vs. Smt. Neelam Arora and ors.
Court: Himachal Pradesh
Decided on: Jun-18-2008
Reported in: 2008(3)ShimLC167
1. A challenge has been laid by medium of this Letters Patent Appeal under clause 10 of the Letters Patent against the judgment of the learned Single Judge dated 9.5.2008.2. Mr. R.L. Sood, Senior Advocate submits that the judgment of the learned Single Judge dated 9.5.2008 is not sustainable in the eyes of law. He also contends that his client had acquired vested right to raise the construction on the basis of permission accorded by the Municipal Corporation on 27.3.1993, which was renewed from time to time and according to him the subsequent notifications issued by the State Government under the provisions of the Himachal Pradesh Town and Country Planning Act, 1977 on 11.8.2000 and 22.8.2002 are prospective in nature.3. The learned Deputy Advocate General and Mr. Vikrant Thakur, Advocate vice Mr. Shrawan Dogra, Advocate have supported the judgment dated 9.5.2008.4. We have heard the learned Counsel for the parties and have carefully gone through the pleadings.5. It will be apt at this...
Sita Ram, Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Jun-17-2008
Reported in: 2008(2)ShimLC182
V.K. Ahuja, J.1. This judgment shall dispose of all the appeals filed by the appellants arising out of the same judgment of the learned Additional Sessions Judge, Solan, dated 19.9.2001, vide which the appellants were held guilty and sentenced as under:Under Section 306 IPC read with Seven years simple imprisonment eachSection 34 IPC and fine of Rs. 7,000/- each. In defaultof payment of the fine, the convicted shallfurther undergo simple imprisonment of one year.Under Section 498-A IPC read with Three years simple imprisonment eachSection 34 IPC. and fine of Rs. 5,000/- each. In defaultof payment of fine, the convicted shall furtherundergo simple imprisonment of six months.2. Briefly stated the facts of the case are that the marriage of Suman Devi, deceased, was performed with Sita Ram appellant on 6.5.1996. A report was lodged with he police by Duni Chand, the elder brother of appellant Sita Ram, on 10.12.1996 at 10.30 a.m. that the wife of his younger brother, namely, 6uman Devi has ...
Commissioner of Income-tax Vs. Prakash Nath
Court: Himachal Pradesh
Decided on: Jun-17-2008
Reported in: (2008)220CTR(HP)593,[2008]306ITR1(HP)
Sanjay Karol, J.1. I.T.A. No. 12 of 1999 pertains to the assessment year 1984-85; I.T.A. No. 9 of 1999 pertains to the assessment year 1985-86; I.T.A. No. 14 of 1999 pertains to the assessment year 1986-87 and I.T.A. No. 8 of 1999 pertains to the assessment year 1987-88 of the same assessee.2. All the appeals arise out of a common order dated April 12,1999, passed by the Income-tax Appellate Tribunal, Chandigarh Bench, Chandigarh, in I.T.A. Nos. 2138 to 2141/Chandi/91 and as such are being disposed of by a common judgment.3. The appeals were admitted on the following substantial questions of law:(i) Whether, on the facts and circumstances of the case, the Income-tax Appellate Tribunal was right in law in coming to the conclusion that in revision order passed under Section 154/155 for charging interest under Sections 139(8) and 215, the application of the provisions of Section 154(3) are mandatory, when in the notice issued under Section 154/155, it has been specifically made clear that...
Bhajan Singh and anr. Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Jun-06-2008
Reported in: 2008CriLJ4702
ORDERR.B. Misra, J.1. The present revision petition has been preferred under Section 397 and 401 read with Section 482 of the Code of Criminal Procedure for setting aside the judgment and order dated 18.7.2001 passed by the learned Additional Sessions Judge, Solan, camp at Nalagarh, District Solan, H.P. in Criminal Appeal No. 19-NL/10 of 1999 confirming the judgment dated 24.11.1999 passed by the learned Sub-Divisional Judicial Magistrate, Nalagarh, District Solan, H.P. in Case No. 174/2 of 1996, whereby, the verdict of learned S.D.J.M., Nalagarh holding the accused-revisionists guilty of offence under Section 324, IPC has been affirmed whereby sentence of imprisonment for 6 months was awarded in addition to pay fine of Ripees 1500/- each for offence under Section 324 I.P.C. and in default of payment of fine, they have been directed to undergo further imprisonment for 6 months.2. The prosecution case is that on 29- 10-1996 at 7.30 a.m. the accused-petitioners-revisionists (hereinafter ...
Black Gold Rubber Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Jun-06-2008
Reported in: 2008(2)ShimLC298
R.B. Misra, J.1. In the present writ petition prayers have been made to quash the communications letter dated 29.6.2007 (Annexure P-10), 11.10.2006 (Annexure P-11) and the clarificatory letter dated 19.9.2006, referred in Annexure P-11 to the petition, whereby, the petitioner unit has been denied the grant of Central Capital Investment Subsidy on second substantial expansion of the unit undertaken by it on 15.1.2007. Further prayer has been made for holding that the petitioner being eligible industrial unit be granted Central Capital Investment Subsidy in reference to notification dated 7/8.1.2003 irrespective of number of substantial expansions carried out by it, subject to maximum amount of Rs. 30 lacs.2. The counter-affidavits on behalf of respondents No. 1 and 2 as well as respondent No. 3 Union of India have been filed and the petitioner has also chosen to file rejoinder affidavit in respect of the response of respondent No. 3.3. The brief facts necessary for adjudication of the p...
High Court of H.P. Vs. Smt. Kiran Aggarwal
Court: Himachal Pradesh
Decided on: Jun-05-2008
Reported in: 2008(2)ShimLC218
Deepak Gupta, J.1. This appeal is directed against the judgment of a learned Single Judge of this Court dated 14.6.2007 passed in CWP No. 628 of 2002 whereby he has allowed the writ petition filed by the respondent herein.2. Briefly stated the facts of the case are that the respondent (hereinafter referred to as the petitioner) was a Member of the Higher Judicial Service. Disciplinary proceedings were initiated against her and a memorandum under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter referred to as the Rules) was issued to her on 4.11.1996. The substance of the imputation of misconduct was enclosed with the memorandum. Three Articles of Charges were levelled against her. It is not necessary to refer to the Article of Charges since that dispute stands already decided. The petitioner was put under suspension on 4.4.1997. The Enquiry Officer vide his report dated 27th March, 1997 held that all the three Articles of Charges stand...
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