Himachal Pradesh Court July 2008 Judgments

Smt. Dev Dassi Vs. United India Insurance Company and anr.

Court: Himachal Pradesh

Reported in: 2010ACJ135,2008(2)ShimLC484

Sanjay Karol, J.1. Petitioner herein has assailed the order dated 6.2.2006 passed by the Divisional Manager, Divisional Office, United India Insurance Company Limited, Shimla repudiating her claim under the Indexed Group Personal Accident Insurance Scheme jointly floated by respondent No. 1-United India Insurance Company and respondent No. 2-State of Himachal Pradesh.The following facts are undisputed.2. Vide order dated 30.12.2004 (Annexure P-1) the State of Himachal Pradesh, revived the 'Indexed Group Personal Accident Insurance Scheme' (hereinafter referred to as the Scheme) to be implemented through United India Insurance Company Limited (hereinafter referred to as the Insurance Company), with effect from 1.1.2005 upto 31.12.2005. The Scheme, compulsory in nature, was made applicable to all of its employees regular, ad hoc, part-time, contractual and daily waged of Government departments, Boards, Corporations, Universities and autonomous bodies. The premium per employee was fixed a...

Asha Rani and ors. Vs. Rattni Devi and ors.

Court: Himachal Pradesh

Reported in: 2008CriLJ4459,2008(3)ShimLC164

ORDERSurinder Singh, J.1. The petitioners are accused in case FIR No. 301/97 dated 7-6-1997 registered under Sections 218, 466, 467, 474 and 120-B of the Indian Penal Code in Police Station, Una. The FIR was registered at the instance of respondent No. 1 Smt. Rattni Devi. After investigation, the challan was filed in the Court, vide order dated 14-8-2003 the petitioners were discharged by the learned Chief Judicial Magistrate, Una (H. P.). The State as well as the complainant Smt. Rattni Devi had filed separate revision petitions in the Court of Session. Vide order dated 18th August, 2004 the learned Additional Sessions Judge (Fast Track Court) Una set aside the order of discharge, passed by the learned Chief Judicial Magistrate, Una and order for framing of charges against the petitioners herein, under the aforesaid sections and disposed of both the petitions. Now this order has been assailed in the present revision petition by the accused petitioners.2. Shri H. K. Bhardwaj, learned C...

Shankar Lal Shri Ram Vs. State of H.P. and ors.

Court: Himachal Pradesh

Reported in: 2008CriLJ4609,2008(2)ShimLC481

Surinder Singh, J.1. In this petition, the petitioner has assailed the order passed by the learned trail Court on 23.7.2005 impleading the petitioner herein, in Criminal case 48/3 of 1999, Food Inspector v. Baldev Raj, as co-accused under the provisions of Section 20(A) of the Prevention of Food Adulteration Act, 1954, in short 'the Act'.2. In brief the admitted facts are that on 14.5.1999 at 12.30 p.m. the Food Inspector found the Respondent No.2 conducting the business in premises of the shop running under the name and style of M/S Himachal Janta Store, at Totu District Shimla; he also found 50 kgs of Dal Massri (i.e. 8kgs Dal Massri kept in the wooden box and 42 kgs in the gunny bag) kept in the shop for its sale to the general public. The Food Inspector picked up its sample from Dal Massri from the woodenbox in accordance with the Act and the rules framed there under. A panchnama was prepared on the spot which was signed by the accused and the witnesses present there. One sample wa...

Apple Valley Resort Vs. Himachal Pradesh State Electricity Board and a ...

Court: Himachal Pradesh

Reported in: AIR2008HP102

ORDERRajiv Sharma, J.1. The brief facts necessary for the disposal of this writ petition are that the petitioner-company (hereinafter referred to as 'the company' for convenience sake) submitted application to the respondent-Board for sanctioning 198-120 KW load. The same was sanctioned by the competent authority. Consequently, an estimate amounting to Rs. 1,57,480/- was prepared by the Board. The company was required to deposit the amount with the respondent-Board. The company deposited the cost of estimate in two installments of Rs. 82,900/- and 75,000/- on 16-3-1991 and 9-4-1991. The Board incurred a sum of Rs. 82,699/- towards providing three phase electrical facility to the company due to non-availability of new transformer. The Board did not refund a sum of Rs. 75,383/-. The company sent a letter to the Executive Engineer of the Board on 7-1-1994 claiming refund of Rs. 75,383/'. The same request was repeated on 17th May, 1995 and 5th December, 1995. The respondent-Board issued a ...

Ajay Kumar Vs. Bhakra Beas Management Board

Court: Himachal Pradesh

Reported in: 2009(1)ShimLC150

Rajiv Sharma, J.1. The brief facts necessary for the disposal of this writ petition are that the petitioner was appointed as Welder Grade-II on 13th August, 1993. The post of Welder Grade-II is in feeder category for promotion to the post of Welder Grade-I. The promotion from Welder Grade-II to Welder Grade-I is regulated under the Bhakra Beas Management Board Class-III and Class-IV Employees (Recruitment and Conditions of Service Reaulations, 1994. Regulation 15 deals with the cadre of Welder Grade-I, the same reads thus:15. Welder 17 1365-45- (i) By direct Matric with 2 years ex Head of Grade-I 1500-50- recruitment Industrial perience in Department 2000-60- (33%) Training welding to 2060-70- certificate in high pressure 2410 Welder Trade parts (Carbon and holding Steel Pipes certificate to and Tubes) undertake Radiography quality Welders on Carbon Steels. (ii) By pro- (i) Matric with 2 years motion Industrial experience from Training amongst Institute in Welders Welding (67%) Trade. ...

Hussan Chand Vs. Gurnam Singh and anr.

Court: Himachal Pradesh

Reported in: 2008(3)ShimLC148

Kuldip Singh, J.1. The defendant No. 1 has filed the present appeal against the judgement, decree dated 16.2.2005 passed by the learned Additional District Judge, Solan Camp at Nalagarh in Civil Appeal No. 24-NL/13 of 2004, setting aside judgment and decree dated 7.6.2004 passed by learned Civil Judge (Junior Division), Nalagarh in Civil Suit No. 180/1 of 2001 and decreeing the suit of respondent No. 1-plaintiff for recovery of Rs. 1,40,000 alongwith interest at the rate of 6% per annum from the date of filing the suit till realization.2. The facts, as per pleaded case of respondent No. 1-plaintiff in the plaint, are that respondent No. 1 filed a suit for recovery and mandatory injunction against the appellant and respondent No. 2 regarding truck bearing registration No. HP-12-2722 (for short, truck) on the grounds that respondent No. 1 was owner in possession of the said truck and he sold the truck to appellant and respondent No. 2 for a sum of Rs. 2,10,000 vide agreement dated 7.6.20...

Cit Vs. Himachal Oxygen (P) Ltd.

Court: Himachal Pradesh

Deepak Gupta, J.1. By this judgment we are disposing of the aforesaid two appeals since both the appeals have been admitted on the following identical substantial question of law:1. Whether on the facts and circumstances of the case the Tribunal was right in holding that as there was no taxable income or tax assessed for payment during a particular year, the question of evasion and consequently penalty did not arise2. In IT Appeal No. 4 of 2002, the assessee filed a loss return for the assessment year 1991-92. The assessing officer did not accept the return and found that in fact there was positive income to the extent of Rs. 3,54,134. However, since the assessee was entitled to claim brought forward depreciation for the year 1988-89, the income was declared to be nil. The assessing officer also initiated penalty proceedings in terms of Section 271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') for non-disclosure on the ground that the assessee had furnished i...

Union of India (Uoi) and ors. Vs. Debt Recovery Tribunal and ors.

Court: Himachal Pradesh

Reported in: AIR2008HP105,2008(3)ShimLC145

Deepak Gupta, J.1. This writ petition is directed against the order dated 6-7-2004 passed by the Recovery Officer, Debt Recovery Tribunal, Chandigarh.2. The undisputed facts are that the assessee respondent No. 4 had obtained a loan from the Indian Bank. In consideration of the grant of loan and to ensure repayment thereof, the assessee had mortgaged his property with the Bank on 18-2-1986. Thereafter, the assessee failed to repay the loan amount to the Bank and the Bank initiated proceedings for recovery of the amount. The matter was decided in favour of the Bank on 13-7-2001 when recovery certificate was issued. The mortgaged property was put to sale and the proceeds of the sale were lying with the Debt Recovery Tribunal. At this stage, the Union of India moved an application on 8-8-1997 praying that an amount of Rs. 506/- lacs was due to it from the assessee on account of arrears of central excise dues and, therefore, the entire sale proceeds of Rs. 81.00 lacs be released to the Uni...

Sh. Surinder Kumar Sood Vs. Smt. Sudershan Chadha and ors.

Court: Himachal Pradesh

Reported in: 2008(3)ShimLC65

Deepak Gupta, J.1. The facts necessary for decision of the present case are that the petitioner Surinder Kumar Sood (hereinafter referred to as the landlord) filed a petition for eviction of Shri Thaneshwar Lal Chadha (hereinafter referred to as the tenant) from the premises bearing Municipal No. M-202 in ward No. 5, Palampur consisting of two rooms, gallery, kitchen, toilet and veranda on the ground that the agreed monthly rent was Rs. 400 per month and that the tenant had not paid the rent w.e.f. 1st January, 1991 to 30th April, 1993. In para 14 of the application it was alleged that the premises were let out to the tenant on 20.4.1973 but the rent was increased from time to time.2. The tenant filed reply stating that initially the rent of the premises was only Rs. 20 per month. This rent was later enhanced to Rs. 50 per month and finally to Rs. 75 per month in the year 1986. It was denied that the tenant had ever agreed to pay rent @ Rs. 400 per month. It was submitted that the rent...

The Oriental Insurance Company Ltd. Vs. Miss Sushma and ors.

Court: Himachal Pradesh

Reported in: 2009ACJ108,[2008(119)FLR1019],2008(2)ShimLC424

Rajiv Sharma, J.1. The present F.A.O. has been preferred against the award dated 6.8.2003 passed by the learned Commissioner under the Workmen's Compensation Act, 1923.2. The brief facts necessary for the adjudication of this appeal are that respondents No. 1 to 4 (hereinafter referred to as the claimants for convenience sake) had filed petition under Section 22 of the Workmen's Compensation Act, 1923 for grant of compensation on account of death of Smt. Kamla Bhadur in an accident during the course of her employment when the Malgi Bridge under construction in Tehsil Suni suddenly collapsed on 11.12.1997. The respondents No. 5 and 6 filed joint replies. Respondent No. 7 has also filed reply to the claim petition. He has admitted that the deceased workman, who died on 11.12.1997 in the accident, was his employee. The appellant-Insurance Company has also filed reply to the claim petition. The learned Commissioner awarded a sum of Rs. 3,27,707/- as compensation amount in favour of the cla...