Court : Himachal Pradesh
Decided on : Mar-30-2005
Reported in : IV(2005)BC255,[2005]128CompCas179(HP)
..... disciplinary powers on the member of the council shall vest with the council. chapter-v defines and regulate the misconduct on the part of the members of the institute. section 21 of chapter-v of the act provides for the procedure in inquiries relating to the misconduct by the members of the institute. sub-section (1) of section 21 reads:(1) 'whereon receipt of information by, or of an complaint made to it, the council is prima facie of opinion that any member of the institute has been guilty of any professional or other misconduct, the ..... laccadive, minicoy and amindivi islands (now known as lakshdweep islands) by regn. 8 of 1965; (v) jammu and kashmir, by act 25 of 1968 (15.8.1968); and sikkim (1.9.1980) -- see gaz. of ind., 27.6.1979, pt. ii, section 3(ii) ext. p. 652 and gaz. of ind., 1.9.1980, pt. ii, section 3(ii), exp. p. 1298.(b) substituted for 'profession of accountants' by ..... act'.18. as noticed by the learned single judge, the fees offered to be charged by the plaintiff company are not based on the percentage of the profits of the defendant corporation nor such fees are contingent upon the finding or result of the case. in this view of the matter, the present case is not covered by clause 10 of the first schedule to sections 21(4) and 22 of the act.19. this apart, the 'act' came into being in the year 1949 with a view to regulate the profession of chartered accountants and to establish an institute of chartered accountants as is evident from the preamble of the act .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Dec-28-2005
Reported in : 2006ACJ2511
Deepak Gupta, J.1. This judgment shall dispose of 15 appeals being F.A.O. Nos. 202 to 213 and 233 to 235 of 2003 as they arise out of the same accident and similar awards.2. The brief facts of the case are that an accident of truck No. HP-14 5116 took place on 30.12.1999 near Devimore, Tehsil Theog, District Shimla, H.P. In this accident 18 labourers died, some were injured and the driver and cleaner of the truck also died. Claim petitions were filed by the claimants who are the heirs of the labourers travelling in the truck in question. The averments made in the claim petitions are virtually identical and it is stated that deceased were employees of Jyoti Structures and were skilled labourers. It is also stated that they were travelling in the truck and not a word is stated as to in what capacity they were travelling in the said truck. The owner filed reply stating that the truck was hired by Jyoti Structures and the truck was loaded with materials and thereafter the labourers also bo...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Dec-19-2005
Reported in : 2006CriLJ1985
Abhilasha Kumari, J.1. This criminal appeal is directed against the judgment dated 27th July, 2002 passed by the learned Sessions Judge, Solan whereby Naresh Kumar - appellant (hereinafter referred to as the accused') has been convicted under Section 376 of the Indian Code. The learned Sessions Judge, Solan has sentenced the accused to undergo rigorous imprisonment for ten years and pay a fine of Rs. 20,000/- and in default of payment of fine to further undergo rigorous imprisonment for one year.2. Briefly stated, the facts of the case, as emerging from the record, are that on 14th May, 2001 one Anupama, the prosecutrix, who was 15 years of age and studying in the 8th class in Government High School Pwab, had gone to the 'Ghasni' (grass land) to graze cattle and collect wood for fuel. When she returned home at about 12 noon with the cattle she found that four of the cattle heads had not reached the house and therefore, she again returned back to the 'Ghasni' to locate the missing cattl...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Dec-19-2005
Reported in : 2006CriLJ2743
Abhilasha Kumari, J.1. In this appeal, the appellant (hereinafter referred to as 'the accused') has assailed the judgment of the learned Additional Sessions Judge, Una, dated 31-3-2003. The Additional Sessions Judge, Una, has charged and convicted the accused for offences under Section 302 of the Indian Penal Code and Section 27 of the Indian Arms Act and has sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000/-under Section 302 of the Indian Penal Code and in default of payment of fine, the accused has been ordered to suffer rigorous imprisonment for three years. The accused has been further sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 7,000/- for the offence punishable under Section 27(1) of the Arms Act and in default of payment of fine to undergo rigorous imprisonment for a further period of one year. The sentences, so imposed, shall run concurrently. It has also been ordered that out of the fine amount, if r...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Dec-15-2005
Reported in : 2006CriLJ2361
ORDERK.C. Sood, J.1. Appellant Gulam Ahmed, hereinafter referred to as 'the accused', was tried and convicted for an offence punishable under Section 376 read with Section 511 of the Indian Penal Code for an attempted rape of a minor girl of eleven years, hereinafter referred to as 'the victim'. The accused was sentenced to suffer rigorous imprisonment for five years and to pay a fine of rupees 10,000/-. In case of default in the payment of fine, the accused in directed to undergo imprisonment for six months.2. Dissatisfied by his conviction, the accused is in this appeal.3. The prosecution case appears to be:The victim, a student of class five and eleven years of age at the relevant time, is daughter of Sant Ram who is blind. The accused along with some Kashmiri labours was employed by Leela Devi, mother of the victim, for felling and sawing 'safeda' trees. In the fore-noon of March 18, 2001, the mother of the victim sent the victim to feed goat in the nearby cow shed. Accused approac...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Dec-09-2005
Reported in : 2006(1)ShimLC115
V.K. Jhanji, J.1. This shall dispose of application under Section 151 CPC for recalling of order dated November 7, 2005 passed in CWP 886 of 2003.2. At the outset, we may say that not only the application for recalling order dated November 7, 2005 in CWP 886 of 2003, is an abuse of the process of the Court, but CWP 886 of 2003 too was an abuse of the process of the Court. CWP 886 of 2003 was heard by Division Bench of which I was one of the Members on November 7, 2005. Learned Counsel for the petitioner argued for nearly an hour and after hearing the other Counsel, and on meticulously going through the record of the writ petition, the Bench was of the considered view that the writ petition is nothing but an abuse of the process of the Court and when we were about to dismiss the same with costs of Rs. 40,000/-, learned Counsel for the petitioner Shri Rajiv Sharma, Senior Advocate, in order to save the petitioner from heavy costs, made a statement to withdraw the writ petition. In the li...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Dec-05-2005
Reported in : 2006(1)ShimLC126
Deepak Gupta, J.1. This appeal by the appellant - HRTC is directed against the award of the Motor Accident Claims Tribunal (2), Shimla in MAC Case No. 74-S/2 of 1997 decided on 1.8.2000 whereby he has awarded compensation of Rs. 2,87,000/- in favour of the claimant.2. The claimant has also filed cross-objections and the delay in filing the cross-objections has been condoned vide separate order dated 25.11.2005. Both, the appeal and the cross-objections are now being disposed of by this judgment.3. The brief facts necessary for decision of the case are that a claim petition filed by claimant Inder Singh alleging that he met with an accident while he was travelling in bus number HP07-1849 on 18.11.1996. According to the claimant, he is unable to do any work after the accident and is virtually bed ridden.4. The HRTC contested the claim petition and one of the pleas taken was that the driver had unauthorisedly taken the bus. The learned Tribunal has passed the award as aforesaid in favour ...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Nov-22-2005
Reported in : I(2006)ACC766,2007ACJ1386,2006(1)ShimLC154
Deepak Gupta, J.1. Neelam Anand, the appellant, was a happily married woman. She had a husband and two sons. She worked as a Special Assistant in Canara Bank at Ambala Cantt. On 17.4.1999 she alongwith her husband was traveling from Delhi to Solan in a vehicle bearing No. HR-01F-3692. Then tragedy struck. Near Shahbad there was a collision between this vehicle and another vehicle bearing No. PB-08Q-7535. Neelam Anand lost her husband, K.K. Anand in the said accident and she herself was seriously injured.2. The appellant suffered injury in the spine as a result of which her whole body below damages may vary according to the gravity of the injuries sustained by the claimant in an accident. On account of the injuries, the claimant may suffer consequential losses such as, (i) loss of earning; (ii) expenses on treatment which may include medical expenses, transportation, special diet, attendant charges etc., (iii) loss or diminution to the pleasures of life by loss of a particular part of t...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Nov-03-2005
Reported in : [2006(109)FLR800],2006(1)ShimLC219
K.C. Sood, J.1. Petitioner Bimla Devi is widow of late Sepoy Amar Singh of Punjab Regiment, who laid down his life on 22nd September, 1965, during Indo-Pak War. Petitioner was granted special pension. On her remarriage special pension was withdrawn and instead was granted normal family pension permissible under the Pension Rules. Family pension was also withheld/stopped w.e.f. 1st February, 1972.2. The petitioner by this writ petition prays for quashing of the orders/communications as communicated to her vide Annexures P-l and P-2.3. Admitted facts :On the death of her husband, in action, during Indo-Pak War of 1965, petitioner was granted special family pension in January, 1966, being nominated person by her husband. However, respondent No. 5 Jharu Ram, father of the deceased, represented to the Army Authorities for the grant of the special family pension as he was totally dependant on the income of his son Amar Singh as Bimla Devi, the petitioner, refused to maintain him. The Army Au...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Aug-22-2005
Reported in : II(2006)ACC806
Deepak Gupta, J.1. This appeal by the claimant under Section 173 of the Motor Vehicles Act, is directed against the award of the Motor Accident Claims Tribunal (II), Mandi in Claim Petition No. 76 of 2001 decided on 27.11.2003.2. The facts necessary for disposal of the case are that admittedly the claimant Binu Ram met with an accident involving Car No. DAV-125 on 2.5.1999. The finding on the issue of negligence has not been challenged before me. The only questions to be decided are with regard to the quantum of compensation and the liability of the Insurance Company, if any, to pay the compensation.3. In the claim petition it was urged that Binu Ram prior to the accident was working as coolie. After the accident, the claimant had received extensive treatment at Karsog and IGMC, Shimla. It was also stated that after the accident he cannot work as coolie and he is unable to earn any amount whatsoever.4. The owner did not deny the accident, though negligence on the part of the driver was...
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