Court : Himachal Pradesh
Decided on : Dec-13-2002
Reported in : AIR2003HP148
..... court in respect of adjudication by subordinate courts. the code of 1859 contained no provision for the exercise of revisional powers by the sudder courts, but by section 35 of act xxiii of 1861 the sudder courts were invested with the power to call for the record of any case decided in appeal by the subordinate courts and in ..... particular order as contained in the first schedule of the code of civil procedure, and was intended to be saved as mentioned in the repealing and saving sections of both the aforesaid amending acts, admittedly, not only rule 17-a of order xviii of the code of civil procedure stands deleted, but without there being any mention of its ..... revisional jurisdiction of the high courts was defined, and made exercisable in the condition set out in clauses. (a) and (b) of the present section 115. clause (c) was added by the amending act xii of 1879. this jurisdiction was exercisable suo motu as well as on application to the high court. it was conferred in the widest terms. .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Sep-11-2002
Reported in : AIR2003HP81
..... plaintiff is based on the plea that he constructed the building in suit on the basis of 'deemed sanction' under sub-section (5) of section 31 of the act. therefore, provisions of sections 32 and 33 of the act respectively providing remedy of appeal and revision to a party aggrieved by conditional permission or refusal to grant permission for development are ..... of permission for six months but when the same was neither refused nor allowed, he proceeded with the construction on the basis of 'deemed permission'.18. sub-section (5) of section 31 of the act, as it stood at the relevant time, reads as under :--'31. (5) if the director does not communicate his decision whether to grant or refuse ..... floors, of the building in suit as per specification in plan ext. pw1/8 had been raised under the 'deemed permission to construct' under sub-section (5) of section 31 of the act and the notices exts. pw-1/6 and pw-1/10 qua said four storeys of the building in suit are illegal and inoperative against the .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Apr-09-2002
Reported in : 2003(1)ARBLR72(HP)
..... clause during the subsistence of the agreement. on the contrary, admittedly, allowed the plaintiff ' to continue the supply of the cartons beyond the specified time. this act and conduct on the part of the defendant bars it from invoking the clause regarding forfeiture of the earnest money.26. it is admitted case of the parties that ..... pradesh, shimla and arun jain being its managing director is authorised to sue on its behalf. the defendant is a public limited company and incorporated under the companies act having its registered office in nigam vihar, shimla. vide tender notice dated 28.1.1989, defendants asked the plaintiff to quote rates for supply of cfb cartons and ..... of suit till realisation of the amount.2. case of the plaintiff as made out in the plaint is that it is a company incorporated under the companies act having its registered office in lower jakhu road, shimla. it is engaged in the manufacture and sale of corrugated fibre board and boxes for packing horticultural produce .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Apr-22-2002
Reported in : AIR2003HP66
..... representatives of the deceased. 12. applications in both the appeals were made on 13-4-1999 under order 22, rules 3 and 9, code of civil procedure and under section 5, limitation act, 1963 seeking the condonation of the delay, setting aside the abatement and for bringing on record the legal representatives of the deceased defendant-appellant kamal dev. such applications in ..... deceased defendant-appellant kamaldev. 14. in state of punjab v. nathu ram, air 1962 sc 89, land belonging jointly to two brothers was acquired by the state of punjab for army purpose. since the two owners did not accept the compensation offered to them by the collector, the state government referred the matter as to quantum of compensation to an arbitrator .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jan-01-2002
Reported in : AIR2003HP5
..... in whom the power is reposed to exercise that power when called upon to do so.43. in our view the word 'may' used in section 93 in punjab act (supra) and in section 90 of h.p. act of 1968 (supra) is to be construed as 'compulsory' looking to its object of effecting rights of the residents. how the word 'may' ..... the cash in their coffers, even as human rights under part iii of the constitution have to be respected by the state regardless of budgetary provision. likewise, section 123 of the act has no saving clause when the municipal council is penniless. otherwise, a profligate statutory body or pachydermic governmental agency may legally defy duties under the law by urging ..... engine worked for not more than 5 minutes.29. dw-4 tilak raj is a retired municipal engineer. according to him he was an overseer with defendant no. 1 from 1950 to 1979 and municipal engineer from 1979 to 1982. he knew the plaintiffs whose building was destroyed in the fire. according to him on 7-9-1981, balwant singh .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jun-06-2002
Reported in : 2003CriLJ1024
..... was placed before him. this court on april 26, 1981 therefore, stayed further proceeding in pursuance of order dated april 5, 1984.2. section 6 of the prevention of corruption act, 1947 extends protection to a public servant against unwarranted harassment. it should, therefore, be construed in a manner which subserves the objective of its ..... . the special judge (vigilance), south bihar, patna took cognizance of the case on 21-11-1990. the appellant invoked the jurisdiction of the high court under section 482 of the criminal procedure code praying for the quashing of criminal proceedings against him. the high court dismissed the application in limine.4. mr. r. k. jain, ..... with hereinafter.4. in fir annexure p1 offences alleged are under sections 420, 120-b of the ipc and under section 13(2) of the prevention of corruption act, 1988. for the prosecution of the public servant, as per provisions of prevention of corruption act. sanction to prosecute such employees is required to be obtained from .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : May-24-2002
Reported in : 2003(1)ALT(Cri)5,2002CriLJ4178
..... which does not tally with the version of the prosecutrix as given in the court. the learned counsel for the state relied on section 114a of the evidence act, 1872 which provides that in a trial on charge under section 376(2)(g), ipc on the prosecutrix stating that she was not a consenting party, the court shall presume absence of consent ..... examination of the statement of the prosecutrix , i am satisfied that the prosecutrix was evasive to most of the replies. in this background, filing of the application to withdraw under section 321, cr.p.c. assumes significance. it is a different matter that such a prayer was declined. 15. pw 11 is dr. sandhya gargiya who had examined the prosecutrix ..... at the time of hearing of appeal. rather it is admitted case of the appellant not only in his suggestions to the prosecution witnesses but also in his statement under section 313, cr.p.c. that pw 5 was with him. however, his case is that the prosecutrix went with him of her own free will and violation. plea .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Sep-02-2002
Reported in : [2003]42SCL177(HP)
..... the cheques have been returned back dishonoured to ssl's bankers with remarks 'exceeds arrangement'. as a consequence ssl has initiated a complaint under section 138 of negotiable instruments act, 1988 against htl and its directors, which complaints are pending against htl and its directors before various courts of judicial magistrate 1st class in chandigarh ..... agrees to withdraw on the receipt of post-dated cheques, the 8 (eight) criminal complaints filed by it against htl and its directors under section 138 of negotiable instruments act, 1988, which are pending in various courts of jmics at chandigarh as per annexure-i. also ssl agrees to withdraw the winding-up ..... respondent can always acknowledge a time-barred debt. this is exactly the situation in the present case. after the receipt of notice under sections 433 and 434 of the companies act, annexure p-xv, respondent-company instead of disputing anything on facts vide annexure-xx, pleaded its inability to repay the amount. rather .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jan-01-2002
Reported in : 2002ACJ764
..... pay compensation for such person even when they were travelling in a goods vehicles. this is in view of 1994 amendment in sub-clause (1) of section 147(1)(b) of the new act in which the following words were brought in:.injury to any person, including the owner of the goods or his authorized representative carried in a vehicle. ( ..... a decision of the supreme court in sohan lal passi v. p. sesh reddy 1996 acj 1044 (sc). in this case while considering the provisions of section 96(2) of the motor vehicles act, 1939 in this judgment it was observed that insurer is required to establish wilful violation or infringement of a promise by the insured. owner of the insured ..... co. ltd. v. satpal singh 2000 acj 1 (sc) and also in view of its 1994 amendment. this court in this case, while interpreting section 147(1)(b)(i) and (ii) of the new act holds the insurance company liable to pay the compensation both for the owner and his representative and also for the gratuitous passengers travelling in a goods .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Mar-08-2002
Reported in : II(2002)DMC438
..... air 1975 calcutta at page 260 already referred to, it has been held that the right to interim maintenance is a part of the right conferred by section 18 and section 20 of tine act and the right to interim maintenance can be enforced by an application in aid of the suit and an order can be validly made by the court ..... v. chameli. in the said case during the pendency of an application under order 33 praying for leave to sue informa pauperis for an intended suit under sections 18 and 20 of the act, an application was made for maintenance pendente lite. a division bench of this court held in that case that the suit commences from the moment an ..... lite is not maintainable cannot be sustained.7. mr. mondal has next submitted that there is no provision in the act for grant of maintenance pendente lite. it is pointed out by mr. mondal that section 24 of the hindu marriage act, 1955 expressly provides for maintenance pendente lite. it is submitted that since there is no express provision for grant .....
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