Judgment Search Results Home > Cases Phrase: civil defence amendment act 2009 Court: himachal pradesh Page 9 of about 775 results (0.043 seconds)

Kummo Devi Vs. Jai Pal

Court : Himachal Pradesh

Reported in : AIR2010HP39

..... of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized on or after the commencement of the marriage laws (amendment) act, 1976 (69 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually ..... the court has drawn support to this conclusion from the principle underlying order xxiii, rule 1 of the code of civil procedure which provides that if a suit is filed jointly by one or more plaintiffs, such a suit or part of a claim cannot be abandoned or withdrawn by one of the plaintiffs or one of the ..... to vacate the possession of the house in village rihlu, tehsil shahpur, district kangra, owned by my husband's brother shri jai chand, on or before 31-12-2009.1 shall hand over the vacant possession of the residential house to shri jai pal, respondent or shri jai chand. ..... let the terms of compromise be placed on record by way of a separate application supported by affidavits.list the matter on 18-5-2009.statement of shri jai pal, aged 57 years, son of shri dulo ram, resident of village and po rihlu, tehsil shahpur ..... since the parties did not file application in terms of order dated 20-4-2009 passed by this court and no decree for divorce was passed, appellant-wife is allowed ..... 522 of 2009, under order 41, rule 27 read with section 151, code of civil procedure, for adducing additional .....

Devinder Singh Vs. Deputy Commissioner and ors.

Court : Himachal Pradesh

Reported in : AIR2010HP33

..... apparently, the only defect is that there is no separate affidavit as required under order vi, rule 15(4), a separate affidavit in support of the pleadings, as required by the amendment introduced with effect from 1st july, 2002 by the amendment act no. ..... in view of the fact that the election petition has been filed in the year 2006, there will be a direction to the sub-divisional officer (civil), rampur bushehr to dispose of the election petition within a month from the date of production of a copy of the judgment by either party. ..... there cannot be any doubt that the said provision is a legislation by reference to another statute, namely, the code of civil procedure, 1908 and not a legislation by incorporation of a specific provision in a statute. ..... section 164 of the act provides among other things that the election petition shall be verified in the manner laid down in the code of civil procedure, 1908 for the verification of the pleadings. ..... said act reads as follows:78(1)(a) contain a concise statement of the material facts on which the petitioner relies;(b) set forth full particulars of any corrupt practice that the petitioner alleges, including a statement as possible, of the names of the parties alleged to have committed such corrupt practice or practices and the date and place of the commission of such practice; and(c) be signed by the petitioner and verified in the manner laid down in the code of civil procedure .....

Jai Nand Sharma Vs. H.P.S.E.B. Ltd. Through Its Chief Executive Office ...

Court : Himachal Pradesh

..... deletion of sub-clause (f) of clause (1) of article 19 and of article 31 by the constitution (forty-fourth amendment) act, 1978, with effect from june 20, 1979, the right to receive pension was regarded as property and, therefore, fundamental right within the meaning of those constitutional provisions (see: deokinandans case supra) and a retrospective amendment in the pension rules made in exercise of the powers conferred by the proviso to article 309 read with article ..... contentions ,it is necessary to refer to a few provisions of the central civil services (pension) rules, 1972 (hereinafter referred to as the pension rules ..... gratuity) needs no reiteration and is beyond the pale of dispute in view of the definition of the words gratuity and pension in clauses (j) and (o) respectively of sub-rule (1) of rule 3 of the central civil services (pension) rules, 1972 (hereinafter referred to as the pension rules ). ..... has suffered civil and evil consequences due to issuance of annexures p-1 and p-2 dated 26.2.2009 and 21.9.2011 ..... dues cannot but be regarded as quasi-judicial in nature, since, the ultimate decision may result in the recovery of such dues from the amount of dcrg and may thus involve civil consequences for the family of the deceased government servant. ..... but be regarded as quasi-judicial in nature, since, the ultimate decision may result in the recovery of such dues from the amount of dcrg, which is property, and may thus involve civil consequences for the government servant. .....

Rajan Bus Service Pvt. Ltd. Vs. Parhalad Chand Sharma and ors.

Court : Himachal Pradesh

Reported in : 1998ACJ804

..... therefore, the contention of the learned counsel that the provisions of the 1988 act and also amendment act of 1994 shall be made retrospectively applicable in the instant appeals shall stand rejected.17. ..... one of the contentions raised in the appeal was that the award was contrary to the provisions of sections 140 and 141 of the motor vehicles act, 1988, as section 140 of the motor vehicles act, 1988, stands amended from 14.11.1994 and therefore, the provisions of the amended act should have been given retrospective effect. ..... the supreme court, after referring to the table of schedule in the motor vehicles (amendment) act, 1994, has emphasised that multiplier cannot exceed 18 years' purchase factor. ..... insurance company depended upon the policy of insurance which had been issued in conformity with the liability imposed under section 95(2) of the motor vehicles act which was in force on the date of issue of the policy or whether the liability of the insurance company was according to the amended provisions which had come into force before the date of accident and during the period when the insurance policy issued earlier was in force. ..... the tribunal on appraisal of the evidence found the driver guilty of rash and negligent driving of the bus and has not accepted the defence that the accident had taken place due to sagging of the road. ..... it is seen from the evidence on record that om prakash was also getting free ration and lodging facilities being available to him as a defence employee. .....

Ashok Sehgal Vs. State of H.P and Others

Court : Himachal Pradesh

..... delhi administration air 1958 sc 350, the supreme court has held as follows:- it would seem, therefore, that although a special judge is a court constituted under the criminal law (amendment) act yet, for the purposes of the code of criminal procedure and that act, it is a court of session, accordingly, we are of the opinion that although the offence was triable exclusively by the court of the special judge the district magistrate had authority to tender a pardon under s ..... (a) commit it for trial-- (i) to the court of session if the offence is triable exclusively by that court or if the magistrate taking cognizance is the chief judicial magistrate; (ii) to a court of special judge appointed under the criminal law amendment act 1952 (46 of 1952), if the offence is triable exclusively by that court; (b) in any other case, make over the case to the chief judicial magistrate who shall try the case himself. 13. ..... 2 was transferred from special investigation unit to police station, state vigilance and anti corruption bureau, shimla in july 2009; he had no power to investigate the case registered at police station, state vigilance and anti corruption bureau, solan. 3 ..... the facts in brief, as per petitioner, are that an fir no.10/2009 dated 9.7.2009, has been registered at state vigilance and anti corruption bureau, solan against petitioner and one ..... was constituted by the competent authority for the investigation of the case vide office order dated 13.7.2009, therefore, respondent no. .....

Virendra Kumar Tripathi Vs. the Crown

Court : Himachal Pradesh

Reported in : 1951CriLJ3

..... tribunal which was to be set up, there is also one provision in the new act which is very much to their disadvantage, this is that whereas under the act of 1947 the total period of detention under section 3 was limited to six months which was later increased to one year by an amending act, no such limitation exists in the act of 1949, and the local government can now go on indefinitely prolonging the period ..... one month by the superintendent of police, ambala, on 2-3 1919 and on 31st march an order was passed by the provincial government extending the period of detention up to 1.9-1949, the new act had come into force in this province on 29th march, but in the order signed by the home secretary on 31st march it was stated that the period of detention was being extended ..... . if a mistake of this kind had been made by a civil court which had passed a decree purporting to be under the provisions of an act which had been repeated but re-enacted in such a way that the court still had power to pass the same decree under the new act, or in the case of a similar mistake by a criminal court, i do not think there would be any difficulty and the ..... the provincial government delegating the power of detaining persons under rule 26, defence of india rules, to district magistrate was an 'instrument' within the meaning of section 8 (1), general clauses act, the terms of which are almost identical with those of section 6 of the punjab act. ..... . 26, defence of india rules by the governor of bihar .....

State Bank of Patiala, Through Its General Manager and Others Vs. Sham ...

Court : Himachal Pradesh

..... the proceedings dated 13.05.1999, annexure-ps of personal hearing granted to him before decision of the appeal, it would be seen that apart from reiterating the aforesaid contentions regarding non supply of copies of record, availing of services of defence lawyer during enquiry and change of the enquiry officer and further that respondent no.1 prayed for remission of punishment imposed by the disciplinary authority on personal grounds that he was having school going children, wife and ..... khan, (1991) 1 supreme court cases 588 that after the constitution (forty second amendment) act, 1976, second opportunity granted by article 311(2) of the constitution has been abolished. ..... , you fail to avail the opportunity of: (i) submitting your reply or (ii) personal hearing, within the stipulated period, it will be presumed that you have no defence to offer; and the matter will be proceeded with further. ..... your reply to the aforesaid charge sheet within ten days from the receipt thereof, failing which it will be presumed that you have no defence to offer and the matter shall be proceeded with further. ..... you may also state your defence in person alongwith your workman representative, if any, before me with prior appointment, within aforesaid period of fifteen days, if you ..... of the norms has been committed intentionally because i was not allowed to remain at the head quarter of my choice during the period of suspension because of which my finances were squeezed so that i could not prepare my defence. .....

Sh. Jagdish Chand Sharma Vs. Sh. Bachan Singh and ors.

Court : Himachal Pradesh

..... case of this nature is not extended to a pillionrider of the motor vehicle unless the requisite amount of premium is paid for covering his/her risk (ii) the legal obligation arising under section 147 ofthe act cannot be extended to an injury or death of the owner of vehicle or the pillion rider; (iii) the pillion rider in a two wheeler was not to be treated as a third party when ..... property of a third party' occurring in sub-section (1) of section 165 (supra) and conjoint reading of both these expressions clearly indicates that an application for compensation in terms of section 166 of the act can be made by the owner of a property and such owner has to be a third party and when we talk of a third party with respect to the ownership of the property damaged in the ..... course of his employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment other than a liability arising under the workmen's compensation act, 1923 (8 of 1923), in respect of the death of, or bodily injury to, any such employee(a) engaged in driving the vehicle, or(b) if it is a public service vehicle, engaged as a conductor of the vehicle or in examining tickets on the ..... amendment of section 147 of the act was carried out by the amendment act ..... a virtually non-speaking judgment, is in civil revision no. ..... : 2009(7) scc 148, the apex court has again discussed the entire law on the subject and held that words 'any .....

Vinod Jaswal Vs. Mrs. Anuradha

Court : Himachal Pradesh

..... section 12 (1) (c) of the hindu marriage act, 1955 provides:- (c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner (was required under section 5, as it stood immediately before the commencement of the child marriage restraint (amendment) act, 1978), the consent of such guardian was obtained by force (or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent); or so far as the physical condition of the respondent is concerned it is not ..... we are satisfied that the appellant-husband had placed ample evidence on record that the respondent-wife is suffering from mental disorder and due to her acts and conduct, she caused grave mental cruelty to him and it is not possible for the parties to live with each other, therefore, a decree of divorce deserves to be granted in favour of the appellant- ..... supreme court on facts holds that after the marriage, the appellant-husband found that the respondent was acting in a very abnormal manner as she used to abruptly get very aggressive, hostile and suspicious in nature ..... the respondent was taken to the doctor as also to the civil hospital, una for consultation and for treatment from an orthopedic surgeon who opined that this is a defect which she suffers from birth and it is ..... behaving in an abnormal manner and doing weird acts causing great mental cruelty to the appellant. 37 ..... impugned order of the high court dated 06.08.2009 in dimple v. .....

Devi Singh Vs. State of H.P.

Court : Himachal Pradesh

..... penal code by the indian penal code (amendment) act 27 of 1870 to cover those cases wherein a person cause the death of another by such acts as are rash or negligent but there is no intention to cause death and no knowledge that the act will cause death. ..... in view of the young age of the accused, his wife and his parents including his bed ridden ailing mother depend upon him, he may be released under the probation of offenders act, again there is no substance for the reason that the honble apex court while taking into consideration the rising trend in road accidents has taken a serious view of such cases and rather ..... such an approach though is not legal for the reason that section 304-a ipc takes care of a situation where due to rash and negligent act on the part of the accused death of someone has caused, whereas section 279 ipc takes care of a situation where the accused is found to have driven a vehicle on any public way in a manner ..... 304a ipc, the following conditions must exist, namely, (1) there must be death of the person in question; (2) the accused must have caused such death; and (3) that such act of the accused was rash or negligent and that it did not amount to culpable homicide. 14. ..... in his further cross-examination conducted by learned defence counsel, no doubt he turned around and came forward with the version that one vehicle was being driven ahead of the ill-fated truck for the last 10-15 ..... the same even is the defence of the accused put to ..... evidence in defence. 7. .....