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Kailash Nath Sood and ors. Vs. State of H.P. and ors.

Court : Himachal Pradesh

Reported in : AIR1993HP37

..... the census act, 1948, which enables the central government to take census whenever it may consider it necessary or desirable to do so, does not provide for a time limit for completion of the operations and for publication of the report of census ..... of the matter has lost much of its importance, firstly, because so far there has been no publication of the relevant figures found in consequence of the census held in the year 1991 and, secondly, because the total number of wards for municipal corporation shimla is already twenty-one which is the maximum number of ..... the state government feels that this is the right time to go ahead with the work of delimitation of wards on the basis of 1991 census because if it is not done before the municipal corporation polls, the very purpose of delimitation will be defeated.that in addition to delimitation of wards, there have been certain proposals ..... the elections of new municipal councillors so that they can take the oath of allegiance by december 1, 1991 at the latest, under section 7(5) of the municipal corporations act, it will be open to such of the petitioners to approach this court by way of a miscellaneous application for revival of the present petition in that regard..........'11. ..... census shall not be available to the government till the middle of the year 1992, therefore, the work of fresh delimitation of wards afresh cannot be carried out in accordance with the true spirit of provisions of sections 8 and 5 of the municipal corporations act .....

Bidhi Chand Vs. Divisional Manager, National Insurance Company Ltd. an ...

Court : Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

..... present appeal is directed against the order dated 26.10.2013, of learned district consumer disputes redressal forum, kinnaur at reckong peo, whereby appellants complaint, under section 12 of the consumer protection act, 1986, which he filed against the respondents, has been dismissed, with the findings that the vehicle, in question, was being used as a goods carrier vehicle, without there being a route permit and also on ..... is submitted on behalf of the appellant that no permit within the meaning of section 66 (3)(i) of the motor vehicles act, 1988, was required, in respect of the tractor, because its gross weight was less than 3000 kilograms. ..... in support of the plea, learned counsel places reliance upon section 66(3) (i) of the motor vehicles act, which says that route permit is not required, in respect of a goods carrier, where gross weight does not exceed 3000 ..... contested the complaint and pleaded that the tractor was registered as a goods carrier, but it was being plied, without obtaining route permit, within the meaning of section 66 of the motor vehicles act, 1988, and this amounted to breach of condition of policy, which specifically provided that policy covers use only under a permit, within the meaning of section 66 of the motor vehicles act, 1988. ..... of the accident, there was no route permit and the condition in the policy says that the vehicle is not to be used at a public place, without there being a permit, required under section 66 of the motor vehicles act, 1988. .....

Madan Sharma Vs. H.P. State Cooperative Bank Limited

Court : Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

..... in september, 2009, appellant filed a complaint, under section 12 of the consumer protection act, 1986, seeking a direction to the appellant to pay the amount of working capital, with interest at the rate of 18% per annum, and also to pay compensation of rs.50,000/- and litigation expenses of rs.5,000/-. 6. ..... appellant is aggrieved by the order dated 16.07.2013, of learned district consumer disputes redressal forum, shimla, whereby his complaint, under section 12 of the consumer protection act, 1986, which he filed against the respondent, has been dismissed. 2. .....

Oriental Insurance Company Limited, Through Its Senior Divisional Mana ...

Court : Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

..... this appeal, under section 15 of the consumer protection act, 1986, is directed against the order dated 26.10.2013, of learned district consumer disputes redressal forum, kinnaur at reckong peo, whereby a complaint, under section 12 of the consumer protection act, 1986, filed by respondent-shanti negi, has been allowed and the appellant has been ordered to pay a sum of rs.1,45,875/-, with interest at the rate of 9% per annum by way of insurance money, rs.5,000/- as compensation and rs.1,500/- as ..... therefore, a complaint, under section 12 of the consumer protection act, 1986, was filed by respondent, seeking a direction to the appellant to pay insurance money and also to pay compensation for alleged wrongful repudiation of claim. 4. ..... regard to limitation as to use, which is reproduced below, had been violated, by carrying the husband of respondent and a labourer:- limitation as to use the policy covers use only under a permit within the meaning of the motor vehicles act, 1988 or such a carriage falling under sub-section 3 of section 66 of the motor vehicles act, 1988. 1. ..... mechanically propelled vehicle; (3) use for carrying passengers in the vehicles; except employees (other than the driver) not exceeding the number permitted in the registration document and coming under the purview of workmens compensation act, 1923.? 9. ..... use only for carriage of goods within the meaning of the motor vehicles act. .....

Rajeev Sharma, Proprietor Vs. Somaya Impex Private Limited

Court : Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

..... appellant is aggrieved by the order dated 15.01.2013, of learned district consumer disputes redressal forum, mandi, whereby his complaint, under section 12 of the consumer protection act, 1986, which he filed against the respondent, has been dismissed as not maintainable, with the finding that courts at delhi alone have the jurisdiction to adjudicate the matter and that on merits also, the case of ..... a connected matter reported in ii (2011) cpj 88 (nc), has held that a clause relating to jurisdiction of courts in the agreement between the parties cannot by itself override the statutory right of the complainant conferred by section 11(2)(b) of the consumer protection act, 1986. .....

Monsanto Holdings Private Limited and Another Vs. Hari Singh and Other ...

Court : Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

..... hari singh, respondent/complainant filed a complaint, under section 12 of the consumer protection act, 1986, against the appellants in two appeals and suri enterprises, the mall, solan, making the following allegations therein. ..... it was stated that the procedure as contained in section 13 (1) (c) of the consumer protection act, 1986, had not been followed, as no sample of seeds was sent to any laboratory. ..... complainant then filed a complaint, under section 12 of the consumer protection act, 1986, seeking a direction to the opposite parties to refund the price of cauliflower seed, amounting to rs.3,600/- and to pay rs.4,37,500/- as compensation for the loss of crop and mental agony and harassment. 6. ..... on behalf of the appellants that deputy director (agriculture) was not competent to make a report and that as a matter of fact, sample of seeds was required to be sent to the authorized laboratory, as per requirement of section 13 (1)(c) of the consumer protection act, 1986. .....

State Bank of India, Mandi, Through Its Chief Manager Vs. Sansar Chand ...

Court : Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

..... appellant is aggrieved by the order dated 03.10.2013, of learned district consumer disputes redressal forum, mandi, whereby a complaint, under section 12 of the consumer protection act, 1986, filed against it (the appellant) and respondent no.2, punjab national bank by respondent no.1, has been allowed and a direction issued to the appellant to credit an amount of rs.10,000/-, in the account of the respondent/ complainant, with interest at the ..... it stands established from annexure c-2, copy of information received by the respondent/complainant from respondent no.2, under the right to information act that one cd, pertaining to the transaction, in question, was handed over to the appellant on 20th december, 2011. ..... respondent/ complainant further alleged that he sought information from respondent no.2, under the right to information act and he was informed that a cd, in respect of the transaction, in question, had been handed over to the functionaries of the appellant on 20.12.2011. ..... he then, filed a complaint, under section 12 of the consumer protection act, 1986, seeking issuance of a direction to the appellant, as also respondent no.2, to pay a sum of rs.10,000/-, equivalent to the debit entry made in his savings bank account and also to pay damages and litigation expenses. 4. .....

Jigyas Arora Vs. New India Assurance Company Limited

Court : Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

..... appellant is aggrieved by the order dated 05.10.2013, of learned district consumer disputes redressal forum, shimla, whereby his complaint, under section 12 of the consumer protection act, 1986, which he filed against the respondent, has though been allowed, yet the amount of money, which has been awarded on account of insurance claim, is below his claim. 2. ..... a complaint, under section 12 of the consumer protection act, 1986, was filed by the appellant, seeking a direction to the respondent to pay the amount of loss assessed by its surveyor, as insurance claim; besides seeking compensation and litigation expenses. 4. ..... the condition in policy of which breach is alleged, reads as follows:- limitation as to use: the policy covers use only under a permit within the meaning of the motor vehicles act, 1988, or such a carriage falling under sub-section (3) of section 66 of the motor vehicles act, 1988. ..... use for carrying passengers in the vehicle except employees (other than the driver) not exceeding six in number coming under the purview of workmens compensation act, 1923.? 10. ..... act, 1988. .....

State Bank of India Vs. the Central Information Commission and Another

Court : Himachal Pradesh

..... subhash chandra agrawal, (2011) 1 scc 496, while reiterating the settled principle of law that right to information is an integral part of the fundamental right to freedom of speech and expression guaranteed by the constitution; the right to information act merely recognizes the constitutional right of citizens to freedom of speech and expression; independence of judiciary forms part of basic structure of the constitution of india; the independence of judiciary and the fundamental right to free speech and expression ..... : the principle of law, on the conjoint reading of the two judgments, as aforesaid, would be that in case there is such material, whether in the form of comments/findings/ advise of upsc/cvc or other material on which the disciplinary authority acts upon, it is necessary to supply the same to the charge sheeted officer before relying thereupon any imposing the punishment, major or minor, inasmuch as cardinal principle of law is that one cannot cat (sic ..... but the words information available to a person in his fiduciary relationship' are used in section 8(1)(e) of rti act in its normal and well recognized sense, that is to refer to persons who act in a fiduciary capacity, with reference to a specific beneficiary or beneficiaries who are to be expected to be protected or benefited by the actions of the fiduciary - a trustee with reference to the beneficiary of the trust, a guardian with reference to a minor/physically/infirm/ mentally .....

Shiva Hospital Vs. On-dot Courier and Cargo Ltd. and Another

Court : Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

..... , read with section 13(7) of the consumer protection act, 1986, has been dismissed on the ground of being barred by time. 3. ..... a complaint, under section 12 of the consumer protection act, 1986, was filed by late sh. ..... time limit for filing an application for substitution of legal representative of the deceased plaintiff or an appellant is ninety days per article 120 of schedule to the limitation act. ..... time limit is sixty days, per article 121 of schedule to the limitation act. .....