Himachal Pradesh Court May 2011 Judgments
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Lalman Vs.
Court: Himachal Pradesh
Decided on: May-23-2011
1. The petitioner has prayed a direction to consider his name for the post of Primary Assistant Teacher (PAT) against the reserved vacancy of Ex-serviceman on the basis of his educational qualification certificate Annexure-PD with a further direction to respondents not to fill up the vacancy till the petitioner is called and considered for the selection as PAT against the reserved vacancy meant for Ex-serviceman. The prayer has also been made for a direction to respondents to finalize the interview held on 23.8.2005 for the purpose of selection of the petitioner as PAT against Gopalpur-Ist Block in Sarkaghat Tehsil, Distt. Mandi. 2. The brief facts of the case are that petitioner was enrolled in the Army on 18.2.1984 and discharged from Army on Pension Establishment on 28.2.2001 after completing more than 17 years of service. The vacancy of PAT for Ex-serviceman in Gopalpur-1 Block of Sarkaghat alongwith other vacancies was advertised. The petitioner applied for the Gopalpur-1 vacancy...
Meeran Devi Vs. Sukh Dev
Court: Himachal Pradesh
Decided on: May-23-2011
1. The present petition under Section 24 C.P.C. has been filed by the petitioner in H.M. Petition No. 40 of 2008 titled Sukh Dev v. Meeran Devi, pending in the Court of Additional District Judge, Mandi. 2. Notice of the petition was issued to the respondent. 3. I have heard the learned counsel for the parties and have gone through the record of the case. 4. The petitioner who is respondent in the petition, has prayed for transfer of the case from District Mandi to District Hamirpur on some allegations. The first allegation made by her is that the marriage was solemnized at Mandi, she is an illiterate and it is difficult for her to appear at Mandi on each date of hearing since Mandi town is at a distance of 80 K.M. from the village of the petitioner, whereas the village of the respondent is 25 K.M. from Hamirpur and the village of the petitioner is also 14 K.M. from Hamirpur. Therefore, it appears that Hamirpur Courts are very convenient to both the parties. The previous litigations...
Jagdish Kumar Vs. Sneh Lata
Court: Himachal Pradesh
Decided on: May-23-2011
1. The petitioner challenges the order passed by the learned Sessions Judge setting aside the order passed by the learned Chief Judicial Magistrate, Kullu dismissing the petition under Section 125 of the Code of Criminal Procedure filed by the respondent wife. Learned Chief Judicial Magistrate, on the points raised for determination, holds that the Court at Kullu has no jurisdiction to try the case. 2. In revision, the learned Sessions Judge, holds that the factum of marriage has not been disputed, it is only jurisdiction which has to be determined. Considering the provisions of Section 125 of the Code of Criminal Procedure the learned Sessions Judge holds that the findings of the learned Sessions Judge are not maintainable. For this purpose he considers the evidence of the wife who appeared as PW-1 where she has denied any suggestion of her living in Delhi. Adverting to the provisions of the law though on the evidence he also considers that the respondentwife had taken training at a ...
Shubh Kanchan and ors. Vs. State of Himachal Pradesh and ors.
Court: Himachal Pradesh
Decided on: May-23-2011
1. These petitions are being disposed of by a common judgement since similar questions of facts and law are involved in these cases. 2. Initially, there was one department of Health and Family Welfare in the State of Himachal Pradesh. The department of Ayurveda was part and parcel of this department. When the department of Ayurveda was a part of this department a notification was issued on 22nd November, 1983 whereby the existing scale of pay of Male Health Workers and Female Health Workers, which at the relevant time was of Rs.400-600 was revised to Rs.510- 940. Auxiliary Nursing Midwives were also getting the same scale of pay. It is not disputed that thereafter in the year 1985 the department of Health and Family Welfare was bifurcated and a new department of Ayurveda was created. 41 posts out of the common cadre of Multipurpose Health Workers/Auxiliary Nursing Midwives (M.P.Ws/A.N.Ms) were allocated to the department of Ayurveda. 3. Some of these posts were not filled up and resu...
Vivek Sharma Vs. State of Himachal Pradesh and ors.
Court: Himachal Pradesh
Decided on: May-23-2011
1. The petitioner has prayed mainly the following reliefs:- (i) That the order dated 3.7.2003 passed by respondent No. 4 (Annexure A-1) be quashed and set-aside and the applicant be reinstated as TGT (Science) in the same school aforesaid. (ii) That the respondent No. 4 and 5 be directed to release arrears of the salary to the applicant since 3.7.2003 whereby the applicant was terminated vide impugned order (Annexure A-1). 2. The brief facts of the case are that respondents No. 4 and 5 are running a private school in the name and style of Model Public High School at Jassur. The respondents No. 4 and 5 are receiving 95% grant from the government of H.P. under 95% school aided scheme since 2001 when the aforesaid school was taken under the government grant-in-aid scheme by respondents No. 1 to 3. The respondent No. 4 is under obligation to follow the rules and conditions framed by the Department of Education and government of Himachal Pradesh in token of receiving 95% grant-in-aid. 3...
Parmod Kalta Vs. Kanshi Ram
Court: Himachal Pradesh
Decided on: May-23-2011
1. This appeal has been preferred by the plaintiff-appellant herein challenging the order passed by the learned Additional District Judge, Shimla, Camp at Rohru directing that the plaintiff-appellant herein who was the respondent before the learned trial Court will apply to the Court for appointment of a Local Commissioner afresh, demarcation shall be conducted on the basis of the old record and then the suit decided by the Court on the basis of such report. Third direction issued is that in case appellant fails to apply to the Court for appointment of Local Commissioner within the time allowed by the Court which will not be less then 30 days, the suit of the plaintiff will be deemed to be dismissed. Parties were directed to appear before the Court on 16.4.2008. 2. The brief facts noticed by the learned trial Court were that the appellant herein instituted a suit for possession of land bearing Khasra Nos. 68/1 and 69/1 measuring 0-19-50 hectares and 0-19-31 hectares situated in Chak B...
Krishan Lal Parihar and ors. Vs. Krishan Lal Parihar and ors.
Court: Himachal Pradesh
Decided on: May-20-2011
1. The petition has been filed on the following prayers vide para 7(a) and (b):- “(a) To direct the respondents No. 1 to 3 to take over the Adarsh Senior Secondary School, Chandi, Tehsil Arki, District Solan, H.P. alognwith its assets and liabilities including the taking over of the services of the applicants; (b) or in the alternative, the applicants may kindly be ordered to be appointed on special contract basis, in accordance with the policy/instructions of the Government of Himachal Pradesh, dated 5.2.2000 as contained at Annexure P-17 supra.” 2. In reply, respondents No. 1 to 3 have taken the following stand vide para 6(b):- “That in reply to this para it is submitted that the Govt. of Himachal Pradesh has upgraded its own Govt. High School Chandi (Arki) to the standard of Govt. Senior Secondary School as is evident from Annexure P-8. The Govt. has never taken over the privately managed institution i.e. Adarsh Senior Secondary School Chandi (Arki) and has not tak...
Amar Singh Vs. State of Himachal Pradesh and ors.
Court: Himachal Pradesh
Decided on: May-20-2011
1. The petitioner has prayed mainly the following reliefs in the petition:- i) To direct the respondents to grant and release the Proficiency Increments of 18 years which was due and admissible to the applicant at the relevant time; ii) The applicant be considered for the promotion of a Sub Inspector of Police without Upper Class Training as the applicant was considered only when two years of superannuation were left; iii) The respondent department be further directed to consider the applicant for the notional promotion as Sub Inspector of Police for all purposes as per the Police Rules and other service rules from due date before superannuation; iv) The arrears of amount on account of Proficiency Increment and promotion be released with interest as per rules. 2. The brief facts of the case are that the petitioner was appointed as constable on 08.03.1956. He was promoted as Head Constable on 14.05.1965. The petitioner was not considered in time for promotion as Assistant Sub Inspector....
Sunita Devi Vs. State of Himachal Pradesh and ors.
Court: Himachal Pradesh
Decided on: May-20-2011
1. The petitioner has prayed mainly the following relief: “That respondent No.2 may kindly be directed to issue a letter of appointment to the applicant to respondent No.3, who is Pradhan Gram Panchayat, Bhulani, with further direction to respondent No.3 to issue a letter of appointment and enter into an agreement with the applicant pursuant to her appointment already issued by the Government of Himachal Pradesh under Clause 12 of the Part-Time Water Carrier Policy issued by the State Government on March 07, 2002.” 2. The facts, in brief, are that the petitioner is a deserted woman by her husband and belongs to Scheduled Caste category. The petitioner submitted her application with requisite papers to the Government for consideration of her case for appointment as Part Time Water Carrier under Clause 12 of the Policy. The case of the petitioner was considered for the post of Part Time Water Carrier in Govt. Primary School, Jaroh but later on it was modified by the Director ...
Janak Raj Kashyap Vs. Commissioner of Income Tax, Shimla
Court: Himachal Pradesh
Decided on: May-20-2011
1. Both these appeals are being disposed of by a common judgment since common questions of law and fact are involved in the same. The substantial questions of law framed in ITA No.18 of 2005 which are more comprehensive and cover the entire dispute read as follows:- “1. Whether under the facts and circumstances of the case the Tribunal was right in law in upholding the addition of Rs.85,000/- u/s 69 of the Income Tax Act as an unexplained investment, though the investment had been made by the appellant in the preceding year i.e. assessment year 1993-94? 2. Whether in the facts and circumstances of the case the money spent by the appellant in the preceding year could have been assessed in the assessment year under appeal under section 69 of the I.T Act 1961? 3. Whether in the facts and circumstances of the case the Ld.Tribunal is right in law in upholding the reopening of the case u/s 147 r.w.s. 148 of the Income Tax Act though the very basis of the reopening of the case i.e. valu...
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