Judgment Search Results Home > Cases Phrase: delhi anatomy act 1953 Court: himachal pradesh Page 1 of about 246 results (0.075 seconds)

Ranjit Singh and anr. Vs. State

Court : Himachal Pradesh

Reported in : AIR1952HP81

..... that even if the magistrate be not empowered by law to take cognizance of the offence under section 190 (1) (b), the defect was curable under section 529 of the code if the magistrate acted in good faith.in the present case, the investigation was only completed when the last chalan was submitted, for, as already stated, identification proceedings were held while trial was in progress on foot ..... singh would leave bishanpura but return one night a few days later and kill bikram singh, and after the act had been done, and ranjit singh escaped kalawati would raise an alarm that dacoits had stolen her ornaments and ..... movements of ranjit singh in this case), which the opposite party is entitled to do due to the facts elicited being relevant, it would be an improper exercise of discretion under section 154, evidence act, for the court to refuse the party calling the witness to cross-examine him on the facts so elicited, amrita lal hazra v. ..... the sections have not been complied, it shall take evidence that the accused person duly made the statement recorded, and, notwithstanding anything contained in section 91, evidence act, such statement shall be admitted if the error has not injured the accused as to his defence on the merits. ..... that the evidence referred to in the said definition of investigation is not conterminous with the definition of that term in the evidence act, but there can be no doubt that in either case it must be evidence 'in relation to matters of fact under inquiry' .....

D.K. Khanna Vs. Union of India (Uoi) and ors.

Court : Himachal Pradesh

Reported in : AIR1973HP30

..... , while holding that the justices could not have been influenced even remotely by the solicitor acting as their clerk, nevertheless proceeded to observe:'though the clerk to the justices and the justices did not know that his firm had acted for the applicant's wife, the necessary, or at least reasonable impression on the mind of the applicant would be that justice was not done seeing that the solicitor for his ..... at the time the only civil service in the union territory was the delhi himachal pradesh and andaman and nicobar islands civil service (conveniently described as the dhanic ..... accepting that the justices came to their decision without consulting the acting clerk and that the acting clerk scrupulously abstained from referring to the case in any way ..... when the justices retired for consultation at the conclusion of the hearing, the acting clerk retired with them in case they should wish to refer to his notes of the evidence or to be advised on the law, but the justices did not consult him and he abstained from referring to ..... ) 1 kb 256 (supra) the justices were unaware that the acting clerk was a member of the firm of solicitors who were acting for whitworth in the civil action against the applicant, and there was also the fact that the justices did not even consult the acting clerk when arriving at their decision. ..... it was created and governed by the delhi, himachal pradesh and andaman & nicobar islands civil ..... new delhi, respondent ..... service commission, new delhi, respondent no. .....

Himachal Road Transport Corporation Vs. Puni Devi and ors.

Court : Himachal Pradesh

Reported in : I(1993)ACC418,1993ACJ998

..... randhir singh 1990 acj 777 (sc), has laid down that:.section 110-cc, as it stood on the date of the accident, provided that where any court or claims tribunal allows a claim for compensation made under the act, such court or tribunal may direct that in addition to the amount of compensation simple interest shall also be paid at such rate and from such date not earlier than the date of making the claim as it may ..... , has held that:.to park a heavy vehicle like a truck in which so many persons were travelling on a danga on the kticha portion of the road on the wrong side was itself an act asking for trouble which could and should have been foreseen. ..... therefore, the learned judge held that assuming the entire width of the road as traffic worthy, the driver of the truck had not acted negligently by plying the truck on projected portion of the road. ..... , it was entirely an act of god and no rash and negligent act could be attributed to the driver of the bus,4. ..... delhi municipal corporation 1985 acj 645 (sc) and jagbir singh v. ..... is that the learned motor accidents claims tribunal has misread and misconstrued the evidence on record to come to the conclusion that the accident had occurred due to rash and negligent act of the driver. ..... such an act on the part of an experienced driver cannot but be attributed to his gross negligence and to an utter disregard of a foreseeable resultant injury. .....

Chander Mohan Negi and Others Vs. State of Himachal Pradesh Through Se ...

Court : Himachal Pradesh

..... right of the government is recognized and the mandate of the constitutional requirement for public employment is respected, there cannot be much difficulty in coming to the conclusion that it is ordinarily not proper for courts whether acting under article 226 of the constitution or under article 32 of the constitution, to direct absorption in permanent employment of those who have been engaged without following a due process of selection as envisaged by the constitutional ..... the cases filed by these institutions, many of whom have not been granted recognition due to non-fulfilment of the conditions specified in the national council for teacher education act, 1993 (for short, the 1993 act) and the regulations framed there-under and by the students who have taken admission in such institutions with the hope that at the end of the day they will be able to get ..... been entrusted with the task of administering the system and operating various constituents of the state and who take oath to act in accordance with the constitution and uphold the same, have to set an example by exhibiting total commitment to the constitutional ..... the academic authority, while laying down the curriculum and the evaluation procedure under subsection (1) of section 29 of the act, has to take into consideration the following, namely: (a) conformity with the values enshrined in the constitution; (b) all round development of the child; (c) building up childs knowledge, potentiality and talent; (d) development of .....

State Vs. Sadh Ram

Court : Himachal Pradesh

Reported in : AIR1973HP76

..... only relief which remains is the declaration sought by the plaintiffs that they are the owners of the areas transferred to them under section 27 (4) of the himachal pradesh abolition of big landed estates and land reforms act and of all the trees standing thereon, that declaration cannot be granted to them unless the portion of the compensation officer's order, which they challenge as invalid, is set aside. ..... therefore, the suit was in fact for injunction and under section 7 (iv) (c) or (d) of the himachal pradesh court-fees act, 1968 the suit was to be valued according to the amount at which the relief sought for was valued in the plaint and the court-fee was payable on such amount. ..... the learned counsel for the respondents then argued that a certificate of ownership was granted in favour of the plaintiffs under rule 16 of the rules framed under the abolition act, 1953. ..... it appears, the learned trial judge was not aware of the provisions of the amended limitation act and that js the reason he misdirected himself as to the correct article of the limitation act which was applicable to the facts and circumstances of the case.5. ..... the learned trial judge forgot that the new limitation act of 1963 was applicable and if at all the residuary article was to be applied, it is article 113 of the new act and the period of limitation is only 3 years and not 6 years. ..... 1953 (hereinafter to be referred as the abolition act. .....

Himachal Road Transport Corporation Vs. Saroj Devi and ors.

Court : Himachal Pradesh

Reported in : 2002ACJ1146

..... nigam 1990 acj 862 (mp), following questions arose before a full bench of madhya pradesh high court at its gwalior bench:(4) whether the tribunal passing an award under the provisions of the motor vehicles act for compensation to claimants for death or injuries lacks jurisdiction to enforce its award adopting procedure provided under civil procedure code, exercising its inherent jurisdiction in that regard?after considering the legal ..... what can safely be concluded from the above discussion is that order 41, rule 33 applies to the appeals arising out of the motor vehicles act and in the absence of cross-objections/cross-appeals, this court is not precluded from passing orders of course in accordance with law ..... . in this behalf, it may be appropriate to point out that when the provisions of sections 140 and 141 of the motor vehicles act, 1988 are read together, then in that event, it has to be ensured that the amount of compensation payable in a claim petition should not be less than the amount ..... .-where any claims tribunal allows a claim for compensation made under this act, such tribunal may direct that in addition to the amount of compensation simple interest shall also be paid at such rate and from such date not earlier than the date of making the ..... method can only be justified in rare and extraordinary circumstances and very exceptional cases.in this behalf reference can also be made to the decisions in municipal corporation of delhi v ..... . delhi municipal corporation 1985 acj .....

State of Himachal Pradesh Vs. Sudarshan Kumar and Etc.

Court : Himachal Pradesh

Reported in : 1989CriLJ1412

..... in respect of which he has reason to believe an offence punishable under chapter iv has been committed, and, along with such drug or substance, any animal or conveyance or article liable to confiscation under this act, and any document or other article which he has reason to believe may furnish evidence of the commission of an offence punishable under chapter iv relating to such drug or substance;(b) detain and search any person ..... entry;(c) seize such drug or substance and all materials used in the manufacture thereof and any other article and any animal or conveyance which he has reason to believe to be liable to confiscation under this act and any document or other article which he has reason to believe may furnish evidence of the commission of any offence punishable under chapter iv relating to such drug or substance; and(d) detain and search, ..... it also follows as a necessary corollary that only such an officer can take in writing the grounds of his personal knowledge or information given by any person that some one has committed an offence under the narcotic act, as postulated under section 41(2) and section 42(1) and further record the grounds of his belief under proviso to section 42(1) and, once again, it is only such an officer who is required to send a ..... learned counsel for the accused have sought support from the law laid down in : [1962]2scr694 delhi administration v. ..... state of delhi in support of his argument that illegality committed in the course of investigation ..... delhi .....

Lok Nath Attri Vs. State of H.P. and ors.

Court : Himachal Pradesh

Reported in : (2001)IILLJ1084HP

..... this petition is filed by the petitioner for appropriate relief directing the respondents 1 and 2 to make a reference under the industrial disputes act, 1947, (hereinafter referred to as the 'act') by quashing and setting aside the order passed by the labour commissioner,h.p. ..... 19-8/89 (shram) dated september 7, 1992 under section 12(5) of the industrial disputes act, 1947, the undersigned declines to refer this dispute to the labour court, h.p. ..... relying on various provisions of the act as well as certain decisions of the hon'ble supreme court and high courts, the learned counsel for the petitioner contended that it is not open to the appropriate government to enter into correctness or otherwise of the allegations or ..... reference was refused by the appropriate government on the ground that convoy drivers could not be said to be workmen within the meaning of section 2(s) of the act and hence no reference could be made under section 10(1) of the act. ..... the expression used in the act, is 'at anytime'. ..... , air 1964 sc 1617 : 1964-i-llj-351 the supreme court observed that the government is not precluded from considering prima facie the merits of dispute and refuse to refer dispute under section 10 of the act. .....

Bhadar Singh Vs. Smt. Jumi

Court : Himachal Pradesh

Reported in : AIR2001HP9

..... attention of this court has been drawn by the learned counsel for the appellant to section 60 of the transfer of property act which provides for right of the mortgagor to redeem on payment or tender of the mortgage and then to require the mortgagee to deliver the possession of the ..... the defendant was not a debtor under the definition of himachal pradesh relief of agricultural indebtedness act, 1976 and the order dated 27-1-1986 of tehsildar kullu is illegal and against law ..... ..... a case relating to condonation of delay under section 5 of the limitation act and has no bearing on the facts and circumstances of the present case ..... in this context is referable to the third division of the schedule to the limitation act which provides for various periods of limitation in respect of applications in specified cases. ..... moreover, the word 'application' occurring in section 3 of the limitation act has to be read along with the definition clause vide section 2 which says that application ..... air 1974 kerala 102, wherein it has been laid down that possession by a mortgagee whose mortgage has been discharged by the payment of mortgage money, does not by the mere act of extinguishment of the mortgage become adverse to the mortgager. ..... according to the plaintiff, the defendant is estopped by her act and conduct from filing the above said application and the right of redemption should be deemed to have been foreclosed in as much as she remained silent about the possession of the mortgaged land in dispute .....

Oriental Insurance Co. Ltd. Vs. Gian Chand and ors.

Court : Himachal Pradesh

Reported in : 2002ACJ764

..... 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 vehicle. ..... third category of cases were which also arose under the motor vehicles act, 1988, but after its amendment in the year 1994.in all these three categories question raised was regarding liability of insurance company as extracted hereinabove.regarding first category of cases by referring to its earlier decision in .the ..... 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. ..... 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. ..... according to them, keeping in view the date of accident as well as provisions of motor vehicles act, 1988 after amendment of 1994, liability of the appellant insurance company is absolute. ..... respondents-claimants in this case had no option to have petitioned either to the commissioner under the workmen's compensation act or to have approached the learned tribunal below for grant of compensation. .....