Judgment Search Results Home > Cases Phrase: civil defence amendment act 2009 Sorted by: recent Court: himachal pradesh Page 2 of about 775 results (0.126 seconds)

Bharat Ram and anr. Vs. Gita Ram and anr.

Court : Himachal Pradesh

Reported in : 2007(3)ShimLC220

..... state of madhya pradesh : [1968]3scr662 , it was noticed that where a statute gives finality to the orders of the special tribunals jurisdiction of the civil courts must be held to be excluded if there is adequate remedy to do what the civil courts would normally do in a suit....14.in the present case, not only the question of title has been raised by the defendants but suit is not simple for partition but it is for rendition of accounts ..... significant to note here that defendants also admit the jointness of the property but their defence is that the property stands partitioned by way of private partition which plea they have ..... that the bar is with reference to any matter which a revenue officer is empowered by the act to determine and the question of title is foreign to the scope of proceedings under the act, would apply to this case also with all force, that is on ..... section 25 of the act stipulates that a civil court shall not have jurisdiction in any matter which the collector is empowered by that act to dispose of and shall not take cognizance of the manner in which the state government or collector or any officer exercises any power vested in it or in him by or under the said act.....in our view, the principles laid down in abdul waheed khan case while considering a provision like the one before us, .....

Prakash Chand Vs. State of H.P.

Court : Himachal Pradesh

Reported in : 2007(II)ShimLC334

..... the remedy to claim the price of the tree subsequently from the injured by filing a civil suit, but the right of private defence was not available to the complainant in the facts and circumstances of the case. ..... state of uttar pradesh : 1977crilj433 , relied upon does not help the appellant since while discussing the right of private defence of property, it has been clearly laid down that this right is not available to true owner if the trespasser has been successful in accomplishing his possession to the knowledge of the true ..... be given by the criminal court in this regard since this point is to be determined on the basis of the evidence to be led before the civil court, but the complainant has claimed that this tree was existing over the land in his possession. ..... the injury on head by fall or during scuffle, the appellant is not liable and in the alternative, only one injury was caused with blunt side in exercise of right of private defence and, therefore, the appellant cannot be held liable under section 307 i.p.c. ..... appellant had got the possession of the land where the tree stands in family settlement and the right of defence in the alternative was available to the appellant who exercised this right. ..... occurrence having taken place stands established and the plea of sustaining of the injury by the injured at the time of grappling or by falling or that the appellant had exceeded right of private defence does not stand substantiated from the evidence.12. ..... precedes the act attributed to .....

Ram Karan Vs. State of H.P.

Court : Himachal Pradesh

Reported in : 2008CriLJ44,2007(3)ShimLC5

..... on cross-examination by the defence counsel, he has admitted that the appellant was asked to pick up one bag, which was lying on the over-head rack of the bus.6. p.w. ..... it was held that the accused-appellant was in conscious possession of charas and, therefore, convicted and sentenced under section 20(c) of the act for 10 years and to pay a fine of rs. ..... one witness was also examined in defence. ..... the appellant has been charged and convicted for offence under section 20 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as 'the act'). .....

Shobit Construction and anr. Etc. Vs. T.K. International Ltd.

Court : Himachal Pradesh

Reported in : AIR2006HP4,2006(1)ARBLR510(HP)

..... , the question which arises for consideration is whether the defendant has lost his right to file written statement as provided under order 8, rule 1, as substituted by the code, of civil procedure (amendment act, 2002).18.order 8, rule 1 may be reproduced for convenience.o. 8, r. ..... recovery of rupees 80,03,500.52 paise along with pendente lite and future interest on the ground that the plaintiff-firm is engaged in the business of fabrication of civil work and defendant-company contracted with the plaintiff-firm to execute the fabrication of civil and construction work for the company at its proposed resort at shillon bagh and the defendant-company started fabrication work in july, 1998. ..... - the defendant shall, within thirty days from the date of service of summons on him, present a written statement, of his defence :provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed ..... above provision makes it clear that the defendant has to file the written statement of defence within thirty days of the date of the service of the summons on him. ..... defendant-company has lost its right to file written statement and for striking of the defence of the j defendant company similar application was i filed by the plaintiff (omp ..... of the code, the plaintiffs pray for closing the defence of the defendant for having failed to file the written statement within the time limited under order 8, rule1 of the code of civil procedure. ..... defence .....

Himachal Pradesh Agro Industries Corporation Vs. Raj Kumar and ors.

Court : Himachal Pradesh

Reported in : (2002)IILLJ861HP

..... admitted or orders passed) by the central administrative tribunal or any of its bench or benches immediately before thecommencement of this act in the exercise or purported exercise of its jurisdiction, powers and authority conferred by or under the principal act shall be deemed to have been validly done or taken as if the provisions of the principal act, as amended by this act, had been in force at all material times and, accordingly, anything done or any action taken by the said tribunal ..... all service matters concerning a person not being a person referred to in clause (c) of this sub-section or a member, person or civilian referred to in clause (b) of sub-section (1) of section 14 appointed to any civil service of the state or any civil post under the state and pertaining to the service of such person in connection with the affairs of the state or of any local or other authority -under the control of the state government or of any corporation or society ..... (2) if the dispute is an industrial dispute arising out of a right or liability under the general or common law and not under the act, the jurisdiction of, the civil court is alternative, leaving it to the election of the suitor concerned to choose his remedy for the relief which is competent to be granted ..... orders entitles an employee to appropriate relief either before the forums created by the industrial disputes act or the civil court where recourse to civil court is open according to, the principle, indicated herein. .....

National Insurance Co. Ltd. Vs. Anjana Shyam and ors.

Court : Himachal Pradesh

Reported in : 2000ACJ1585

..... member, motor accidents claims tribunal, lakhimpur 1993 acj 828 (gauhati), the full bench of gauhati high court held that the insurance company cannot raise defences in appeal which are not available under section 149 (2) of the motor vehicles act, 1988 unless, of course, the tribunal has passed an order under section 170 or the insurance company has reserved in the policy the right to contest the claim ..... 1998 acj 513 (sc), their lordships held that the insurance company when impleaded as a party by the court can be permitted to contest the proceedings on merits and on ground other than those permitted under the act only if the conditions precedent mentioned in section 170 are found to be satisfied and for that purpose the insurance company has to obtain an order in writing from the tribunal and that it should be a ..... the applications under order 6, rule 17, civil procedure code for amendment of the written statements incorporating the defence of overloading of the ill-fated bus in these appeals, as a ground of their defence to avoid their liability in total or ..... and, therefore, there is no violation of the statutory provisions by the insured and as such the defence that more than 42 + 2 passengers specified under the policy of insurance were carried at the time of the accident in the ill-fated bus is not available under section 149(2)(a)(i)(c) of the motor vehicles act to the appellant insurance company against third party risk as the vehicle was not used for the purpose .....

National Insurance Co. Ltd. Vs. Roop Lal Gupta and ors.

Court : Himachal Pradesh

Reported in : 1997ACJ1180

..... any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or(iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or(c) that the policy is void on the ground that it was obtained by the nondisclosure of a material fact or by a representation of fact which was false in some material particular.10. ..... any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or(iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or(b) that the policy is void on the ground that it was obtained by the nondisclosure of a material fact or by a representation of fact which was false in some material particular.8. ..... of the motor vehicles act, 1988 read with section 151 of the code of civil procedure on behalf of the appellant for permitting it to contest the claim on general defences. ..... 6, rule17 read with section 151 of the code of civil procedure urging therein to allow amendment of the claim petition so as to enhance the claim ..... learned counsel for the parties, it would be appropriate to notice here that so far as the insurance company is concerned, its defences are limited and unless the case falls within the purview of section 149 (2) of the motor vehicles act, 1988, it is not open to it to challenge the award on the grounds mr. .....

Dr. Om Prakash Rawal Vs. Mr. Justice Amrit Lal Bahri

Court : Himachal Pradesh

..... may be that it is an additional approach for getting the same relief but no amendment can be allowed having the effect of allowing an additional plea to be raised which is prohibited by ..... learned counsel for the plaintiff has on the other hand urged for dismissing the civil revision on the ground that the plaint had been properly valued for the purpose of court-fees and ..... sub-section (2) of section 4 of the act says that no defence, based on any right, in respect of any property, held benami, whether against the person in whose name the property is held or against any other person, shall be allowed in any suit', claim or action by or on behalf of a person claiming to ..... be it stated that the observations made herein, while deciding civil revision, shall not prejudice the merits of the respective claims of the parties and shall also not influence the fair trial of the ..... to appreciate the grievances of the petitioner, as made out in this revision petition and the dispose of this civil revision, it will be necessary to give a few facts.3. ..... the defendant-petitioner has in his civil revision challenged the order passed on ..... the provisions of the code of civil procedure (hereinafter referred to as 'the code'), namely, rule 1 of order v, but it was only an intimation of the date ..... the civil revision was instituted in punjab and haryana high court at chandigarh, but it stood transferred to this court by virtue of an order passed by the supreme court on 1st februray, 1993 in transfer petition .....

Ranbir Singh and ors. Vs. Gita Ram and ors.

Court : Himachal Pradesh

Reported in : AIR1993HP43

..... in appeal, the then district judge, shimla vide his order dated 6-7-1971, allowed amendment of the plaint, set aside the decree and judgment of the trial court and remanded the suit for possession on merits after taking the amended plaint on record, giving an opportunity to the defendants to file their written statement to the amended plaint and giving an opportunity to the parties to adduce evidence on issue no. ..... his further submission is that attestation of mutation dated 26-2-1910, which is signed by janki ram, one of the sons of surat ram mortgagee is not an acknowledgment under section 18 of the limitation act which may extend the period of limitation for redemption of mortgage. ..... where the' writing containing the acknowledgment is undated, oral evidence may be given of the time when it was signed, but subject to the provisions of the indian evidence act, 1872 (1 of 1872), oral evidence of its contents shall not be received. ..... by way of amendment of the plaint, the following additions were made in para 6 of the plaint:--'that the suit is within time as mastia son of surat ram and surat ram mortgagee and ..... this defence weighed with the trial court and the suit was dismissed vide decree and judgment dated 28-1-1970 holding that the suit was beyond the period of limitation of sixty years.3 ..... ram, mansha ram and jawala dutt filed civil suit against smt. ..... 10, section 18 of the limitation act, 1963, is pari materia to section 19 of the old limitation act of 1908. ..... (civil) ..... civil revision .....

Ganga Ram and anr. Vs. Ram Gopal and anr.

Court : Himachal Pradesh

Reported in : AIR1992HP47

..... though there is no specific provision permitting the parties to amend their pleadings in proceedings under the act, such a prayer for amendment is entertained and considered, following the modality contemplated by the provisions of order 6 rule 17 of the code of civil procedure, that is on the basis of the acceptance of the principles enshrined in the code of civil procedure. ..... also hold that before the fact that a tenant has fallen in arrears of rent on the rate so agreed upon can be pleaded, the landlord would have to seek amendment of his petition and, if permitted, the matter would have to be gone into by the rent controller in accordance with law.27. ..... (3) notwithstanding that the fair rent for building or rented land has been fixed under the east punjab urban rent restriction act, 1949 or under the himachal pradesh urban rent control act, 1971, a landlord or tenant of such a building or rented land shall be entitled to get its fair rent fixed under ..... of default in payment of rent, agreed upon by the tenant, for a period subsequent to the institution of the petition under section 14(2), can be made the basis for claiming ejectment of a tenant in case the landlord is permitted to amend his claim in the petition in that respect by the rent controller.24. ..... a landlord is permitted to amend a petition, in the manner aforesaid, the tenant gets a right to meet the case put forward by the landlord by amending his own defence. ..... the defence of the tenants was that the rate of rent was only .....