Court : Himachal Pradesh
Reported in : AIR1962HP10
..... legislature may well have amended the previous law relating to references to arbitration of matters within ..... that prior to the coming into force of the arbitration act such disputes could be referred to arbitration it would not necessarily follow that under the arbitration act also such disputes can be referred to arbitration. the aforesaid act not only consolidates but also amends the law relating to arbitration and in its wisdom the ..... significant that in the himachal pradesh abolition of big landed estates and land reforms act both the words 'civil court' and 'revenue court' have been used e.g., section 111. even in the code of civil procedure which consolidates and amends the laws relating to the procedure of the courts of civil judicature the words .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1957HP42,1957CriLJ847
..... the scenes, but so much is clear that the police themselves felt at first that the case was one under sections 497 and 498, i. p. c., and its subsequent amendment or enlargement to one under sections 363 and 366, i.p.c., was an afterthought. 21. in view of all that has been said above, i am unable to see ..... , air 1956 sc 425 (f), bose and jagannadhadas jj. observed that: "in an appeal against acquittal, while the high court is free to appreciate the evidence for itself and to act on its own view thereof, when it differs from that of the trial court, it will not do so lightly and will be slow to reverse an acquittal except for .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1981HP43
..... of business or trade:' 'section 2 (g) 'residential building' means any building which is not non-residential building:' 14. by h. p. act no. 23 of 1578 certain provisions of the act were amended and in this amended act the definition of 'non-residential building' is given as follows ; 'section 2 (d) 'non-residential building' means a building being used :-- ..... petition, the definition of the word 'non-residential' as given in the original himachal pradesh bent control act (hereinafter shortly called the act) was amended by a subsequent act no. 2s of 1978 and section 2 (d) of the act was amended. act no. 23 of 1978 came into force on 10th may, 1978. a written reply had been filed ..... even though a small portion thereof is used for the purpose of residence.' 15. another section 29 was also added by this h. p. amendment act no. 23 of 1978 which is reproduced below: 'section 29. special provisions relating to certain proceedings.-- notwithstanding anything to the contrary contained in this .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1959HP3,1959CriLJ448
ORDER: I allow this appeal and set aside the order dated 29-5-1957 of Shri Om Prakash Sessions Judge, Mandi, acquitting Mt. Shiv Devi, of an offence under Section 302, I. P. C. I convict Mt. Shiv Devi of an offence under Section 302, I. P. C., and sentence her to life imprisonment.36. The directions made by the Sessions Judge for the disposal of case property will, however, stand....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2002CriLJ4364
..... against the accused-petitioner (hereafter referred to as 'the accused') has been ordered to be framed under sections 409, 420, 120-b and 13(2) of the prevention of corruption act, 1988 and has been accordingly framed.2. case of the prosecution against the accused is that child welfare council of india sent 3500 greeting cards of the value of rs .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2002CriLJ4600
..... want that the accused are convicted' cannot be accepted as it runs counter to the well recognised principle that prime facie public servants must be presumed to act honestly and conscientiously and their evidence has to be assessed on its intrinsic worth and cannot be discarded merely on the ground that being public servants they ..... the learned (counsel) cited various judgments. however, we need not refer to such authorities as it is well settled that the provisions of section 50 of the act implicitly make it imperative and obligatory and cast a duty on the investigating officer (empowered officer) to ensure that search of the person (suspect) concerned is conducted ..... 5. on the basis of material on record, the learned special judge held the accused guilty of the commission of offence punishable under section 20 of the act and accordingly convicted and sentenced him as already sated hereinabove.6. we have heard the learned counsel for the accused and the learned assistant advocate general for .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : III(2005)ACC896,2006ACJ1565
..... the main contention of mr. hattangodi, who supported the view of the high court that negligence need not be proved is that chapter viii of the act is a consolidating and amending act relating to motor vehicles.(28) this plea ignores the basic requirements of the owner's liability and the claimants right to receive compensation. the owner's ..... accidents as a liability without fault. 15. thereafter the court considered the provisions of sections 92-a to 92-e of the motor vehicles act, 1939, which were introduced by way of amendment in the year 1982. the provisions introduced the concept of no fault liability for the first time in india. the court thereafter observed as ..... under:this part of the act is clearly a departure from the usual common law principle that a claimant should establish negligence on the part of .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : III(2006)ACC709,2006ACJ2010
..... government must be passed before a driving licence is issued. with regard to a transport vehicle, the conditions are more stringent and section 15 of the motor vehicles act provides that even in case of renewal of licence to drive a transport vehicle the same should be accompanied by a medical certificate in the form prescribed. the application ..... 's licence held for transport vehicle were given. in fact no details of any licence previously held were given in the application. section 7 of the motor vehicles act reads as follows:7. restrictions on the granting of learner's licences for certain vehicles.-(1) no person shall be granted a learner's licence to drive a ..... the shocking state of affairs existing in the offices of the registering and licensing authority who are issuing and renewing licences without following the provisions of the motor vehicles act and the rules framed thereunder or even the basic rules of common sense.2. f.a.o. no. 158 of 1999 has been filed by the insurance company .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2002CriLJ3832
..... an impression on our minds that she is a reliable and truthful witness. her testimony suffers from no infirmity or blemish whatsoever., we have no hesitation in acting upon her testimony alone without looking for any corroboration. however, in this case there is ample corroboration available on the record to lend further credence to the ..... victim in such cases is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no difficulty to act on the testimony of a victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be relaible. seeking ..... in case so desired because joint trial of offences punishable under the i.p.c. and under the aforesaid scheduled castes and scheduled tribes (prevention of atrocities) act is not permissible under the law. 7. the learned trial court thereafter proceeded with the trial of the appellant for the offence under section 376, i.p .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2002CriLJ3949
..... of the evidence led before him while acquitting the accused of the offence under section 3(2)(v) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989, convicted and sentenced the accused for the offence under section 302, indian penal code, as aforesaid.25. the accused, feeling aggrieved by the conviction and sentence ..... the state has not assailed the acquittal of the accused of the offence under section 3{2)(v) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989, as recorded by the learned trial judge, by way of an appeal under section 378, code of criminal procedure. such acquittal has, thus, become final.27 ..... officer as the investigation had not commenced by then, such a statement could be treated as a dying declaration which is admissible in evidence under section 32, evidence act.32. it is by now well settled that dying declaration is admissible in evidence and can form the basis of conviction, if found to be reliable. while, .....
Tag this Judgment!