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Court : Himachal Pradesh
Decided on : Aug-17-1999
Reported in : [2000]118STC315(HP)
D. Raju, C.J.1. These two writ petitions are dealt with together since they arise not only on identical issues, but are between the same parties and submissions have also been made by the learned counsel appearing on either side in common.C.W.P.No. 51 of 1999 :2. The above writ petition has been filed by the petitioner-company seeking for the issue of following reliefs :(a) Issue an appropriate writ, order or direction quashing and/or setting aside the orders of the revisional authority dated February 8, 1999 for the assessment years 1995-96 and 1996-97 annexed hereto as annexure XXXII ;(b) Issue an appropriate writ, order or direction declaring that the petitioner-company is entitled to full exemption from payment of Central sales tax as well as Himachal Pradesh general sales tax under the exemption notification dated January 30, 1996 for a period of nine years from the date of its commercial production, namely, September 26, 1995 ;(c) Issue an appropriate writ, order or direction res...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Apr-26-1999
Reported in : AIR1999HP87
Kamlesh Sharma, J.1. This writ petition was filed on 30-4-1991 by impleading State of Himachal Pradesh, The Notified Area Committee, Manali and the Director, Town and Country Planning as party respondents, and M/s. Sagar Tourist Resorts Pvt. Ltd. was added as respondent No. 4 vide order dated 21-5-1991 on their Caveat Application No. 425 of 1991. On the application of respondent No. 3 its name was deleted from the array of the respondents and Kullu Development Authority was substituted in its place by order dated 24-11-1992 passed in CMP No. 1560/1992. As stated in the said application, in supersession of all earlier notifications under the Himachal Pradesh Town and Country Planning Act, 1977 (hereinafter called as 'the Act') three notifications dated 2-11-1991 were issued whereby all provisions of the Act came into force w.e.f. 2-11-1991 in Kullu Valley and in exercise of powers under sub-section (1) of Section 66 of the Act. Kullu Valley was designated as special area and under Secti...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jul-16-1999
Reported in : AIR2000HP73,I(2000)DMC685
M.R. Verma, J.1. This appeal under Section 28 of the Hindu Marriage Act, 1955 (hereafter referred to as the 'Act') is directed against the judgment and decree dated September 1, 1998 passed by the learned District Judge, Solan, whereby the petition of the husband/respondent under Section 13 of the Act has been allowed and the marriage between the parties has been dissolved.2. The facts leading to the presentation of this appeal are as follows. The marriage between the parties was solemnised on September 28, 1984 at Shamli (Uttar Pradesh) in accordance with the Hindu rites andceremonies. The parties thereafter cohabited as husband and wife at Delhi, Belgaum, Chandigarh and lastly at Subathu. Out of the wedlock son Karan and daughter Nidhi were born respectively on October 23, 1986 at Delhi and on November 25, 1990 at Chandimandir. The respondent/husband filed a petition under Section 13 of the Act praying for a decree for dissolution of the marriage on the ground of cruelty in the Court...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jul-26-1999
Reported in : AIR2000HP65
Kamlesh Sharma, J.1. These two writ petitions (C.W.P. No. 14 of 1999 and C.W.P. No. 35 of 1999) are being disposed of by a common judgment as in both of them, inter alia, same order dated 27-12-1998 (Annexure P-15) of the Registrar, Co-operative Societies, Himachal Pradesh (hereinafter called 'the Registrar') has been assailed on the same set of facts and law points. By the said impugned order the Registrar has accepted the appeal filed by respondent No. 6 Jagdish Shankhyan and set aside the award dated 26-10-1998 of the Arbitrator,the District Audit Officer. Co-operative Societies, Mandi District, Mandi, who had allowed the election petitions of the petition-ers in both these writ petitions, namely, Nand Parkash Vohra, Prem Lal and Deepak Sharma and set aside the elections to the Managing Committee of respondent No. 5 the Bilaspur Truck Operators Co-operative Transport Society Ltd. (hereinafter called 'the Society') held on 25-5-1998, in which respondent No. 6 Jagdish Shankhyan was el...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Oct-29-1999
Reported in : 2000CriLJ1103
M.R. Verma, J. 1. The four accused/ appellants (hereafter referred to as the 'accused') in these two appeals (Cr. A. No. 129 and Cr. A. No. 247 of 1999) have been convicted and sentenced under Section 302 read with Section 34 of the Indian Penal Code to life imprisonment and to pay fine in the sum of Rs. 2000/- each and in default of payment of fine, to undergo rigorous imprisonment for a period of two months by the icarned Sessions Judge, Kangra at Dharamshala by the impugned judgment. Since both these appeals arise out of the same judgment, therefore, are being disposed of by this common judgment. 2. The case of the prosecution against the accused is that on October 27, 1997 during day time there was a 'Bhandara' and during night a 'Jagrata' in the house of one Saran Dass of village Sarah. At about 9.00 p.m. accused Kapoor Chand came to the 'Jagrata', stayed there for a few minutes and kept on searching for some-one and then abruptly left. Some-time after his leaving the place, PW-6 ...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Aug-18-1999
Reported in : AIR2000HP53
Kamlesh Sharma, J.1. Appellant is the defendant, whereas, respondent No. 1 is the plaintiff and respondent No. 2 is defendant No. 2 and they will be referred to as such in this judgment. This appeal at the instance of the defendant is against the decree and judgment dated 23-3-1998 passed by District Judge, Shimla whereby the suit of the plaintiff was decreed for specific performance of the contract dated 25-8-1993 against the defendant, who is directed to execute the sale deed in respect of the suit property in favour of the plaintiff on his paying a sum of Rs. 3,70,000/- on account of balance sale consideration. The suit property is a house and adjoining vacant land bearing Khasra numbers 131, 132 and 133 situate in Estate Andheri, Summer Hill, Shimla. Initially the suit was instituted in the High Court but later on it was transferred to the Court of District Judge when the pecuniary limit of the said Court was increased from Rs. 2 lacs to Rs. 5 lacs.2. The facts in brief, as pleaded...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Dec-29-1999
Reported in : 2000CriLJ4207
ORDERM.R. Verma, J.1. By this application, the petitioner has prayed for anticipatory bail in two cases, namely, (i) F. I. R. lodged on the basis of the report of the Divisional Commissioner Mandi, and (ii) in the F. I. R., if any, lodged on the basis of an earlier inquiry pending against him, both for the commission of offences punishable under Section 5 of the Corruption Act or any other non-bailable offences which might have been registered against him. It has been averred in the application that the petitioner who is due to retire on 31 -12-1999 has been falsely implicated and is innocent and has not committed any irregularity in the purchase of cold Bitumen which has been purchased by him through negotiation and by following the proper procedure, the inquiry on the basis of which he is alleged to have made the said purchases illegally is biased, false and has been made with a view to malign the image of the petitioner without any basis. Regarding the second case it has been averre...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Oct-26-1999
Reported in : 2000CriLJ2393
Lokeshwar Singh Panta, J.1. The above writ petition has been filed by Naik (Lance Havildar) Jodh Singh under Articles 226 and 227 of the Constitution of India seeking the following reliefs :I. To quash the order Annexure P-1 of the General Court Martial convicting and sentencing the petitioner to suffer imprisonment for life;II. To quash the order of dismissal from service and reduced to ranks;III. that the petitioner may be ordered to be acquitted of the charges;IV. that the petitioner may be ordered to be reinstated in service with all consequential benefits; andV. That any other order deemed just and proper by the Court including the cost of the petition.2. The petitioner was enrolled in the Indian Army on 24th September, 1976 as Naik (Lance havildar) No. 3974969F and was posted to 11 Dogra on completion of basic training. During January 1992 he was serving in the Battalion in Nowshera Sector (J&K;). On 20th January, 1992 while the petitioner was serving on forward post he received ...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jul-22-1999
Reported in : 2000CriLJ1869
R.L. Khurana, J.1. The two appellants, hereinafter referred to as the accused, stand convicted by the learned Sessions Judge, Nahan, in Sessions Trial No. 59-ST/7 of 1997 vide judgment dated 13-11-1998 for the offences under Sections 302 and 201 read with Section 34, Indian Penal Code. Upon such conviction each of the two accused has been sentenced to undergo rigorous imprisonment for life for the offence under Section 302 read with Section 34, Indian Penal Code, and to pay a fine of Rs. 2000/- each. In default of payment of fine, each of the two accused has been sentenced to undergo rigorous imprisonment for a further period of two months. No separate sentence was imposed upon the two accused for the ancillary offence under Section 201 read with Section 34, Indian Penal Code.2. Briefly, the prosecution story may be thus stated. The two accused are residents of Panipat (Haryana). In the month of July, 1997 accused-Yash Pal was a partner of the firm Messrs. Bhagwati Yarn Traders of Pani...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Oct-06-1999
Reported in : 2000CriLJ4879
ORDERLokeshwar Singh Panta, J.1. In this appeal the appellant has assailed the judgment and order of the learned Sessions Judge, Kangra at Dharamshala dated 5-5-1998/14-5-1998 in Sessions Trial No. 1 of 1998 convicting him of the offence punishable under Sections 304-B and 498-A of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for seven years with a fine of Rs. 2,000/- under Section 304-B of the Indian Penal Code and to suffer rigorous imprisonment for one year under Section 498-A, I.P.C. and to pay fine of Rs. 500/-. In default of payment of fine, the appellant shall further undergo rigorous imprisonment for two months under both the counts. Both the sentences were ordered to run concurrently. The appellant Budhi Singh is the husband of deceased Smt. Veena Devi.2. The deceased Veena Devi had married the appellant some time in 1992. Her parents are resident of Khadiar, Tehsil Jawali, District Kangra. Budhi Singh appellant is the resident of Kairan, Tehsil Nu...
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