Himachal Pradesh Court August 2009 Judgments

H.P. State Industrial Development Corporation Ltd. Vs. Cit

Court: Himachal Pradesh

Deepak Gupta, J.1. Both the aforesaid appeals are being disposed of by way of a common judgment. IT Appeal No. 4 of 2001 has been admitted on the following substantial questions of law:1. Whether the Tribunal was correct in law in upholding the action of the Commissioner (Appeals) who has concurred with the assessing authority by withdrawing the claim under Section 36(1)(viii) to the extent of Rs. 21,15,210 to be calculated as 40 per cent on total income of the appellant from all sources and not from profits of business of providing long-term finance for assessment year 1987-88 and further upholding the action taken under Section 154, being mistake apparent from record ?2. Whether the Tribunal was correct in law by not appreciating and interpreting the amendment in Section 36(1)(viii) for calculating 40 per cent of profit from providing long-term finance in place of 40 per cent of total income with effect from 1-4-1996 is only clarificatory in nature and retrospectively applicable ?IT ...

Kehar Singh Vs. State of H.P.

Court: Himachal Pradesh

Surjit Singh, J.1. Appellant Kehar Singh has preferred this appeal against the judgment, dated 10th March, 2005, of learned Additional Sessions Judge, Fast Track Court, Chamba, whereby he has been convicted of offences, under Sections, 302 and 201 of the Indian Penal Code, and sentenced to undergo imprisonment for life and to pay fine of Rs. 50,000/-, for offence, under Section 302 of the Indian Penal Code, and to undergo rigorous imprisonment for three years and to pay fine of Rs. 5,000/-, for offence, under Section 201 of the Indian Penal Code.2. Case of the prosecution, which led to the aforesaid conviction and sentence of the appellant, may be Whether reporters of the local papers may be allowed to see the judgment? summed up thus. Deceased Khiali Ram was native of village Basanda, where he used to live with his father, PW-15 Jai Karan. He set up a business of cable operator in a nearby village, known as Beauti, which is at a distance of 11/2 km from village Basanda. It appears tha...

Land Acquisition Collector and anr. Vs. Rattan Dassi

Court: Himachal Pradesh

V.K. Ahuja, J.1. This is a Regular First Appeal filed by the appellant under Section 54 of the Land Acquisition Act, 1894, against the award passed by the learned District Judge, Kinnaur at Rampur, on 10.8.2000, vide which the reference petition filed by the respondent was allowed and she was held entitled to a sum of Rs. 1,28,041/- for acquisition of land and house property as against compensation of Rs.91,406/-awarded by the Land Acquisition Collector, who also awarded a sum of Rs. 50,000/- as disturbance allowance etc.2. Briefly stated, the facts of the case are that the land measuring 3-32-34 Hectares was acquired by the State Government for construction of labour colony of Nathpa Jhakri Whether reporters of Local Papers may be allowed to see the judgment? Yes. Power Corporation Ltd. in village Punsupa-I, Tehsil Nichar, Distt. Kinnaur. The same was acquired on behalf of Nathpa Jhakri Power Corporation Ltd. The land of the petitioner measuring 0-02-00 Hectares was also part of the l...

Ramesh Kumar Vs. Himachal Pradesh State Forest Corporation and ors.

Court: Himachal Pradesh

Rajiv Sharma, J.1. This petitioner by medium of this petition has sought direction to the respondents to assign him seniority as reflected in the seniority list issued on 26.11.1987 and 23.5.1988. He has also sought promotion to the post of Forest Guard from the date respondents No. 3 to 6 were promoted.2. Whether the reporters of Local Papers may be allowed to see the judgment? No. Mr. Tarlok Chauhan, Advocate appearing on behalf of the petitioner has strenuously argued that the action of the respondents whereby seniority of his client has been depressed vide seniority list issued on 3.10.1989 and 25.7.1991 is arbitrary and unconstitutional thus violative of Articles 14 and 16 of the Constitution of India. According to him, his client had been shown above respondents No. 3 to 6 in the seniority list issued on 26.11.1987 and 23.5.1988. He further contended that his client was recruited through Employment Exchange and was confirmed before the private respondents. He lastly contended tha...

Raj Kumar Vs. State of H.P.

Court: Himachal Pradesh

Surjit Singh, J.1. Appellant Raj Kumar has been convicted of offence, under Section 302 of the Indian Penal Code, and sentenced to undergo imprisonment for life and pay a fine of Rs. 50,000/-, for allegedly murdering a young man, named Rishu Kumar alias Vikki, by the Sessions Court, vide judgment dated 22nd August, 2005. He has filed the present appeal against the said judgment2. Prosecution story, which has led to the conviction and sentencing of the appellant, as aforesaid, may be noticed. Deceased Rishu Kumar's father, Nand Lal, was employed in Kandi Project at Hishiarpur. He died in Whether reporters of the local papers may be allowed to see the judgment? harness. A sum of Rs. 1,13,000/- was paid to the mother of the deceased, by the employer of the father of the deceased, by way of terminal benefits. The money had been paid by transfer into a Bank Account, in the name of the mother of the deceased in a Bank at Gagret. On 12th January, 2004, mother of the deceased, namely PW-4 Nirm...

Rajiv Saini Vs. Ashok Kumar and ors.

Court: Himachal Pradesh

Reported in: 2009(2)ShimLC525

Sanjay Karol, J.1. It is the claimant's appeal against the award dated 2.12.2004 passed by Motor Accident Claims Tribunal-II, Kangra at Dharamshala, titled as Rajiv Saini v. Ashok Kumar and Ors. seeking enhancement of compensation awarded by the Tribunal.2. The facts necessary for filing the claim petition are as under:The claimant filed petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) pleading that in a motor accident he sustained injuries on 26.9.1999. He had to undergo medical treatment at various hospitals and incurred an expenditure of more than rupees 2 lacs. As a result of the injury sustained by him in the accident he suffered permanent disability to the extent of 50%. He had just completed three years Whether the reporters of Local Papers are allowed to see the Judgment? diploma from Govt. Polytechnical Education an Industrial Training, Amritsar and was earning an amount of Rs. 10,000/- by running a shop.3. The petition was oppose...

Sh. Dilbagh Singh Vs. State of H.P. and ors.

Court: Himachal Pradesh

Sanjay Karol, J.1. Vide judgment dated 30.4.1982 petitioner along with other officials was convicted by the Additional Chief Judicial Magistrate, Kullu, H.P. in case No. 331-1 of 80/97-2 of 80, titled as State v. Dilbagh Singh and Anr. The conviction was under Section 381 IPC. The petitioner was sentenced to undergo rigorous imprisonment for a period of six months and also pay fine. Petitioner assailed the same before this Court and in terms of judgment dated 31.12.1984 passed in Cr. Rev. No. 108 of 1983, whether reports of Local Papers may be allowed to see the judgments titled as Dilbag Singh and Anr. v. State of Himachal Pradesh the order of conviction was upheld but however taking into account the peculiar circumstances he was released on probation.2. Thereafter vide letter dated 11.1.1985 (Annexure A-4) petitioner submitted his joining report to the Superintending Engineer, Kullu which was turned down vide letter dated 1.5.1985 (Annexure A-5).3. Since then the petitioner has been ...

Prithi Chand Vs. Des Raj and ors.

Court: Himachal Pradesh

V.K. Ahuja, J.1. This is an appeal filed by the appellant under Section 173 of the Motor Vehicles Act against the award passed by the learned Motor Accident Claims Tribunal (II), Hamirpur, dated 21.6.2004, vide which the claim petition filed by respondent No. 1 as claimant was allowed and he was granted compensation to the extent of Rs.1,22,389/- and the amount was payable by the appellant.2. Briefly stated the facts of the case are that respondent No. 1 as claimant filed a claim petition under Section 166 of the Motor Vehicles Act for the grant of compensation as against the appellant, being the owner of the tractor, respondent No. 2 being the driver of the Whether reporters of Local papers may be allowed to see the judgment? Yes. Tractor, respondent No. 3 also being the owner of the tractor and respondent No. 4/Insurance Company was impleaded as the insurer of the tractor in question. The claimant alleged that on 18.4.2000, he was going as a labourer in the tractor bearing No. HP 22 ...

Mohinder Singh and ors. Vs. State of Hp and ors.

Court: Himachal Pradesh

V.K. Ahuja, J.1. This is an appeal filed by the appellants against the judgment and decree dated 23rd December, 1999 vide which the suit filed by the appellants as plaintiffs for recovery of Rs. 2,05,000/- as damages as well as for mandatory injunction was dismissed by the learned District Judge, Sirmaur at Nahan.2. Briefly stated, the facts of the case are that plaintiffs had filed a suit for damages and mandatory injunction as against the respondents, who were impleaded as defendants. It was alleged by the plaintiffs that they are owners in possession of the land measuring 20-16 bighas and 40-15 bighas in Mauza Maryog, out of Whether the reporters of Local Papers may be allowed to see the judgment? Yes which land measuring 20-16 bighas was irrigated through a Kuhal. It was alleged that the Kuhal originates from Dali-Ka-Khala and reaches village Maryog through RCC pipes underneath Solan-Rajgarh road since 1977. It was further alleged that in February, 1994 the defendants started widen...

Sh. Guru Lal Negi Vs. State of H.P. and ors.

Court: Himachal Pradesh

Sanjay Karol, J.1. Record perused. Heard learned Counsel for the parties.2. The petitioner has prayed for the following relief:a) That the directions may be issued to the respondents to consider the applicant to the post of Under Secretary in the H.P. Secretariat against the reserved post meant for Scheduled Tribe candidates from the due date with all consequential benefits.3. For filling up the posts of Section Officers, Class-II, in the pay scale of Rs. 825-1580 plus Rs. 100 Special per month, a Committee Whether reports of Local Papers may be allowed to see the judgment? was constituted by the respondent/State. In all candidates for 33 vacant and anticipated vacancies were to be considered. The Departmental Promotion Committee met on 19.2.1986 and after taking into account the service record of all the eligible persons, recommended names of 35 officers for promotion to the said posts. The Committee found the integrity and the vigilance clearance certificate of all the candidates to ...