Himachal Pradesh Court April 1987 Judgments
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Kewal Ram Vs. the Gram Panchayat, Bhutti and ors.
Court: Himachal Pradesh
Decided on: Apr-30-1987
Reported in: AIR1988HP21
ORDERP.D. Desai, C.J.1. The petition arises out of a proceeding initiated against the petitionerby the first respondent (Gram Panchayat, Bhutti) at the instance of the third respondent (Mahila Mandal, Bhutti) under Section 19 of the Himachal Panchayati Raj Act, 1968 (hereinafter referred to as 'the Act') on the allegation that a piece or parcel of land (hereinafter referred to as 'the disputed land') forming part of Khasra No. 426, admeasuring 9 bighas and 6 biswas, situate in Village Bhutti, Tehsil Kumarsain, District Shimla, which was a public 'place, was encroached upon by the petitioner by the construction of a dhara(shed). Be it stated that the third respondent is a social organisation carrying on activities for the welfare of women and that the land in dispute was claimed by it to have been allotted in its favour by the first respondent for the construction of building from which its diverse activities could be usefully carried on. The first respondent, vide its resolution No. 5 ...
Oriental Insurance Company Ltd., Palampur Vs. Bishan Dass and ors.
Court: Himachal Pradesh
Decided on: Apr-30-1987
Reported in: I(1988)ACC32,AIR1988HP26,[1990]67CompCas78(HP)
P.D. Desai, C.J.1. The defences open to the Insurance Company, are only those which are specified in Sub-section (2) of Section 96 of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') and the only manner of itsavoiding liability is through the proof of defences therein mentioned (see : British India General Insurance Co. Ltd. v. Captain Itbar Singh, AIR 1959 SC 1331 at 1334 and Skandia Insurance Co. Ltd. v. Kokilaben Chandravandan, 1987 (1) Scale 648 at 654 : AIR 1987 SC 1184). The contract between the insurer and the insured may permit the insurer to avoid his liability under various circumstances. However, if those circumstances do not fall within the purview of Sub-section (2) of Section 96 of the Act, the insurer cannot invoke them in aid and escape liability for the third party risk. The terms of the contract between the insurer and the insured, which determine their inter se rights and liability, are not and should not be confused with the statutory liability of...
Ram Singh and ors. Vs. Smt. Soma Devi and anr.
Court: Himachal Pradesh
Decided on: Apr-28-1987
Reported in: AIR1988HP27
R.S. Thakur, J.1. This revision petition is directed against the order of the learned Senior Sub Judge, Mandi, dated Dec. 19, 1985, whereby the application of the revisionist Ram Singh (hereinafter referred to as defendant No. 4 as he is as such in the Civil Suit concerned) for amendment of his written statement in suit filed by respondent Soma Devi and Indra Devi (hereinafter referred to as the plaintiffs) against defendant No. 4 and four others being defendants Nos. 1 to 3 and pro forma defendant No. 5 in the plaint concerned, was dismissed.2. The facts relevant for the disposal of this revision petition are not disputed. The plaintiffs are real sisters to each other and one of the plaintiffs Smt. Soma Devi is wife of defendant No. 4 who initially lived as husband and wife for some time but have started living separately now for some time on account of some estrangement between the two. The plaintiffs instituted a suit in the Court of the Senior Sub Judge at Mandi, wherein they asser...
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