Himachal Pradesh Court December 2009 Judgments
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Sunil and ors. Vs. State
Court: Himachal Pradesh
Decided on: Dec-11-2009
Surjit Singh, J.1. These six appeals, particulars whereof are given in the title of this judgment, are being disposed of together, because a common question of law and facts is raised in all of them, though in a couple of appeals a few other questions/points have also been raised, which will be dealt separately in the later part of it.2. First, we may notice the facts, which have given rise to common question of law and facts in all the six cases. After dealing with the common question of law, we will sum up the facts of those individual cases in which a few other questions have been raised.3. In five of the six cases, appellants have been convicted of offence, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, hereinafter referred to as the Act, for allegedly possessing Charas. In the sixth case, accused has been acquitted and the State has appealed against his acquittal.4. 'Charas' is one of the three forms of cannabis (hemp), as defined in Section 2(iii) of the ...
Vijay Singh Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Dec-11-2009
Kuldip Singh, J.1. The grievance of the petitioner is that on 19.7.1994 he was engaged as daily wage driver in the department. He had completed ten years of service. The name of the petitioner was registered in the Employment Exchange, the department was in need of regular driver. The petitioner was directed by the department to appear for interview for the post of regular driver on 20.1.2004 and the name of the petitioner was sponsored through Employment Exchange. The petitioner appeared before the competent authority and consequent upon the recommendations, he was offered the appointment of driver on regular basis vide office order dated 31.5.2004. The petitioner had joined his duties as regular driver. The work and conduct of the petitioner was satisfactory and nothing adverse was ever communicated to him.2. The petitioner was given show cause notice dated 22.2.2006 Annexure A-3. It was observed in the show cause that appointment of petitioner as driver was examined at government le...
National Insurance Company Ltd. Vs. H.R.T.C. and ors.
Court: Himachal Pradesh
Decided on: Dec-11-2009
Deepak Gupta, J.1. This appeal by the National Insurance Company Limited under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) is directed against the award of the learned Motor Accident Claims Tribunal, Kullu in Claim Petition No. 36 of 2002 decided on 1.10.2004. A collision of bus No. HP-47-0372 belonging to Himachal Road Transport Corporation (HRTC) took place with bus No. HP-345401 owned by Sh. Mohinder Pal and driven by Dhani Ram. It was insured with appellant National Insurance Company. The HRTC filed a claim petition claiming compensation of Rs. 1,07,280/- on account of the damage suffered to the bus and the loss incurred by the HRTC due to the fact that the bus could not be run for about one month when it was stationed at the Divisional Workshop at Mandi. The learned Tribunal on the basis of the evidence held that the HRTC had spent Rs. 9,101/- on the spare parts and Rs. 14,296/- on labour charges and Rs. 2300/- for retrieving the bus. Thus, the...
Sawaran Singh Vs. the State of H.P.
Court: Himachal Pradesh
Decided on: Dec-10-2009
Surjit Singh, J.1. Appellant Sawaran Singh has appealed against the judgment dated 11.6.2007 of learned Trial Court whereby he has been convicted of offences under Sections 15 and 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo rigorous imprisonment for fourteen years and to pay a fine of Rs. 1 lac, in default of payment of fine to undergo imprisonment for a further period of two years for offence under Section 15 of the Act and to undergo rigorous imprisonment for two years and to pay a fine of Rs. 5000/- in respect of offence under Section 18 of the Act.2. Case of the prosecution, as per evidence on record, is like this. A telephonic message was received at Police Post, Darang from ASI Rattan Chand that near a place called Ghatasani his jeep No. HP-65-0192 had been hit by vehicle No. HR-10B-6477 and that the Driver of latter jeep had fled from the scene along with the vehicle after causing the accident and that the said vehicle had been driven ...
Satish Chander Vs. State of H.P. and ors.
Court: Himachal Pradesh
Decided on: Dec-10-2009
V.K. Ahuja, J.1. This judgment shall dispose of a petition filed by the petitioner under Section 482 of the Cr.P.C. read with Article 227 of the Constitution of India against the order, dated 23.12.2006, passed by the learned Judicial Magistrate Ist Class, Jawali, in criminal complaint No. 83II/ 06, summoning the petitioner for an offence under Section 500 of the IPC.2. Briefly stated the facts of the case are that respondent No. 2, hereinafter also referred to as the Complainant, filed a complaint under Section 500 of the IPC as against the petitioner, who was impleaded as accused No. 2, and as against respondent No. 3, who was impleaded as accused No. 1. It was alleged by the complainant that the complainant was serving in Tehsil/SDM office as Peon and in the year 2000, an FIR under Section 324, 34 IPC was registered against accused No. 2, which is still pending in the Court. It was alleged that accused No. 2 is habitual of sending false complaints and there is civil litigation going...
Vinay Kumar Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Dec-10-2009
V.K. Ahuja, J.1. This revision petition has been filed by the petitioner, under Section 397 read with Section 401 Cr.P.C. against the judgment of the Court of the learned Additional Sessions Judge, Una dated 23.5.2009, passed in Criminal Appeal No. 48/2008, wherein the appeal of the petitioner filed under Section 341 of Cr.P.C. was dismissed against the order passed by learned Judicial Magistrate Ist Class, Court No. 1, Amb.2. Briefly stated the facts of the case are that one Lakhbir Singh had filed a complaint under the provisions of Sections 341, 323, 325, 506 read with Section 34 of IPC against several persons which was pending trial before the learned Judicial Magistrate Ist Class, Amb. On 7.3.2008, an application was moved on behalf of the complainant Lakhbir Singh, through his counsel, for taking up the case before the date fixed of hearing alleging that as the accused were his neighbours and to maintain cordial relations, they have compromised the matter. On the same day, an app...
Punjab State Electricity Board Vs. H.P. State Environment Protection a ...
Court: Himachal Pradesh
Decided on: Dec-09-2009
V.K. Ahuja, J.1. This judgment shall dispose of a civil writ petition filed by the petitioner/Board for issuance of appropriate directions to the respondents in the nature of certiorari for quashing of the proceedings initiated by the respondents as against the writ petitioner.2. Briefly stated, the fact facts of the case as alleged by the writ petitioner are that the petitioner/Board was constituted after the Punjab Reorganization Act, 1966, was passed and the petitioner/Board is having its Hydel Project situated in Village Shanan at Jogindernagar. It was alleged that respondent No. 1 initially issued one notice through its Assistant Environment Engineer, Bilaspur, on 29.7.1998, wherein it was alleged that the petitioner's unit was running without the control of the State Pollution Control Board under the provisions of the Water and Air Acts. It was also alleged in the notice that the petitioner's unit was discharging sewage and the petitioner was directed to obtain sanction from the ...
Centre of India Trade Unions Vs. Union of India (Uoi) and ors.
Court: Himachal Pradesh
Decided on: Dec-09-2009
Deepak Gupta, J.1. By means of this writ petition, the petitioner has prayed for the grant of the following amongst other reliefs:1. That the appointment of Respondent No. 4 as Chairman, Himachal Pradesh Building and Other Construction Workers' Welfare Board may be quashed and set aside being contrary to the provisions of Section 18 of the Building and Other Construction Workers' (regulation of employment and conditions of services) Act, 1996.2. That the appointment of Respondent No. 5 to 8 as Members of Himachal Pradesh Building and other Construction Workers' Welfare Board, may be quashed and set aside being contrary to the provisions of Section-18 of the Act.3. That Rule-251(1)(i) of Himachal Pradesh Building and Other Construction Workers' Welfare Rules 2008 may also be quashed and set aside being ultra vires to Section 18 of Building and Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.4. That respondent No. 2 may be directed to follow criteria w...
Commissioner of Income-tax Vs. Baghat Urban Cooperative Bank Ltd.
Court: Himachal Pradesh
Decided on: Dec-09-2009
Deepak Gupta, J.1. These aforesaid Income-tax Appeals are being disposed of by a common judgement since the following identical question of law is involved in all these cases:Whether on the facts and in the circumstances of the case the Hon'ble ITAT was right in law in holding that the assessee bank was entitled to deduction under Section 80P(2)(a)(i) in respect of interest earned on deposits made even out of the non-SLR funds whereas the income so earned cannot be said to be earned from the normal banking business/activities.2. To appreciate the rival contentions of the parties, it would be appropriate to quote the relevant provisions of Section 80P(2)(a)(i) of the Income-tax Act, 1961 (here-in-after referred to as the Act, which reads as follows:80P.(1) Where, in the case of an assessee being a cooperative society, the gross total income includes any income referred to in Sub-section (2), there shall be deducted, in accordance with and subject to the provisions of this section, the s...
Mohan Lal and National Insurance Company Ltd. Vs. Smt. Veena Devi and ...
Court: Himachal Pradesh
Decided on: Dec-09-2009
Dev Darshan Sud, J.1. Both these appeals are being taken together and disposed of by the same judgment they arise out of the same accident. FAO. No. 118 of 2006 has been preferred by the appellant-Mohan Lal who is the owner of the accidented vehicle.2. In brief the facts of the case are that the deceased Sh. Rajesh Kumar was travelling in truck No. HP-31-1735 which was owned by the appellant herein. On 18.11.2000, this truck was carrying a marriage party and some goods from village Pingla to village Baggi. The deceased was also a passenger. The truck met with an accident resulting in the death of Rajesh Kumar. The widow, minor children and mother claimed damages on the allegation that he was earning income from Karyana shop in addition to agriculture income. On the settled issues, the learned Tribunal held that the accident had occurred due to the negligence on the part of the driver of the vehicle and held respondent No. 1-appelllant herein liable for the amount awarded. The learned t...
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