Skip to content


Judgment Search Results Home > Cases Phrase: delhi anatomy act 1953 Court: himachal pradesh Page 8 of about 246 results (0.079 seconds)

Aug 28 1954 (HC)

Jiwanand and anr. Vs. Ram Kishan and anr.

Court : Himachal Pradesh

Reported in : AIR1955HP1

..... these are three connected revision petitions, which arise out of three suits, numbered 41/1, 196/1 and 205/1 of 1953, pertaining to the court of the senior subordinate judge, mahasu. ..... if, for instance, it can be shown that the lower court acted altogether without jurisdiction in passing a decree in terms of the award, it would be permissible to entertain a revision under section 115. ..... in a case of this kind, this court could interfere only if it is shown that the subordinate judge acted altogether without jurisdiction in passing a decree in terms of the award. ..... i am unable to see how it can be said that the senior sub ordinate judge acted without jurisdiction, in passing a decree in terms' of the award. ..... in case the present petitioners felt aggrieved by the award in any manner, they should have filed objections thereto, during the time granted to them by the subordinate judge.under section 39, arbitration act, an order refusing to set aside an award is open to appeal. ..... jiwanand's statement was also recorded on 1-10-1953 and he agreed to the arbitrators proposed. ..... lachmi and she also made a statement on 7-10-1953, agreeing to the arbitrators proposed. ..... in the case of suit 41/1 of 1953, the application for appointment of arbitrators bears the thumb-impression of mt. ..... lachmi and she also made a statement on 7-10-1953. .....

Tag this Judgment!

Apr 13 1982 (HC)

Smt. Vidya Devi and ors. Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Reported in : AIR1982HP89

..... parshottam udeshi and other, have further observed in para 14 of the judgment in following words:'before we conclude, we would like to point out that the recent trend in law is to make the master liable for acts which do not strictly fall within the term 'in the course of the employment' as ordinarily understood. ..... had observed that 'the passenger was a trespasser so far as the employers were concerned but nevertheless the driver was acting in the course of his employment and that is sufficient to make the employers liable'. ..... the vehicle in the course of the employment, being a servant of the employer, giving of a lift to ram saran deceased in disregard of the statutory rule or prohibition, while driving the vehicle, is an act of the employee for which the owner is vicariously liable. ..... the master's liability is based on the ground that the act is done in the scope or course of his employment or authority by the servant and the master must be held to be responsible for the conduct ..... , (1953) 2 all er 753 (supra) that the owner is not only liable for the negligence of the driver if that driver is his servant acting in the course of his employment but also when the driver is, with the owner's consent, driving the car on the owner's business or for the ..... answerable for the manner in which the servant conducts himself on the journey, not only in the driving of the vehicle but also in giving lifts to persons, provided that in so doing the servant is acting in the course of his employment. .....

Tag this Judgment!

Jul 30 1956 (HC)

Pitambar Das Vs. Rajmata Srimati Shanti Devi

Court : Himachal Pradesh

Reported in : AIR1957HP23

..... high court held that: "there was no judicial determination of the question of the admissibility of the document till the objection was raised and the words "admitted in evidence" in section 36, stamp act, must be taken to mean letting in as a part of the evidence as a result of judicial determination of the question whether it can be admitted in evidence or not, for want or stamp. ..... chitkara for the respondent pointed out that my learned predecessor, while rejecting a revision petition made by pitambar das, observed on 3-6-1953 that: "i hold that the jurisdiction with regard to amendment having been exercised by the lower appellate court properly, the order in question ..... that these entries are not 'acknowledgments of a debt' within the meaning of schedule i, article 1, of the stamp act, since they were not given with the intent to supply evidence of the debt. ..... hand, pleaded that these two entries are not covered toy section 19 of the limitation act and, therefore, limitation could not be saved. ..... judge, these two admissions fall within the purview of section 19 of the limitation act, and would, therefore, save limitation. mr. ..... under section 36 of the stamp act, when an instrument has been admitted in evidence, such admission shall not be called in question at any stage of the same suit or proceeding on the ground that it has not been duly stamped ..... my learned predecessor, on 3-6-1953, set aside the order of remand made by the district judge and submitted, therefor, an order under order .....

Tag this Judgment!

Dec 31 1954 (HC)

Mt. Basanti Vs. Pholo

Court : Himachal Pradesh

Reported in : AIR1955HP37

..... 3), while stating that 5 or 10 persons were present, was unable to say who acted as priest, cook and waterman oa the occasion. ..... central road traffic board', air 1953 trav. c. ..... dhani ram', air 1953 him. .....

Tag this Judgment!

Sep 07 2005 (HC)

Smt. Bhagwati Rampal and anr. Vs. State Bank of India

Court : Himachal Pradesh

Reported in : AIR2006HP57

..... bank (2000) 101 company cases 64 : air 2000 sc 1535 and after considering various provisions of the act, it was held by the hon'ble supreme court as under :it is clear from section 17 of the act, that the tribunal is to decide the applications of banks and financial institutions for recovery of debts due to ..... the jurisdiction of any other court or authority which would otherwise have had jurisdiction but for the provisions of the act, is ousted and the power to adjudicate upon the liability is exclusively vested in the tribunal. ..... this is to the effect of sections 17 and 18 of the act.we have held that the provisions of sections 17 and 18 of the rdb act are exclusive so far as the question of adjudication of the liability of the defendant to the appellant-bank is concerned.it was further held in the said authority that the jurisdiction of the tribunal with regard to adjudication is exclusive and the act requires the tribunal alone to decide the applications for recovery of debts due to banks ..... the suits and proceedings so pending on the date of the act stand transferred to the tribunal and have to be disposed of 'in the same manner' as applications ..... it was further held that under section 18 of the act the jurisdiction of any other court or authority is ousted and the power to adjudicate upon the liability was exclusive ..... the execution of recovery certificates by the recovery officers it was held that the act overrides other laws to the extent of inconsistency. ..... : [1953]4scr789 .13 .....

Tag this Judgment!

Mar 06 1979 (HC)

Mohan MeakIn Breweries Ltd. Vs. Commissioner of Income-tax (No. 2)

Court : Himachal Pradesh

..... cit : [1953]23itr58(mad) , the courts have accepted the principle that the expenditure which increases the value of capital asset is in the nature of capital expenditure.10. ..... the uttar pradesh (nagar kshettra) bhumi aur bhawan kar adhiniyam, 1962, in respect of the land and buildings used for the purposes of the company's business is an allowable revenue expenditure under the income-tax act, 1961 ?' 4. ..... 30,000 paid for the increase of the authorised capital of the company is an expenditure of revenue nature and an allowable deduction under the income-tax act, 1961 ? ..... act, 1961.12. ..... act, 1961.6. ..... act, 1961.5. ..... act is an allowable revenue expenditure under section 37 of the i.t. ..... act, 1961. .....

Tag this Judgment!

Dec 11 1992 (HC)

NaraIn Chand Prashar Vs. Prem Kumar Dhumal and ors.

Court : Himachal Pradesh

Reported in : AIR1993HP84

..... in hindi (devnagri) was filed as an annexure to the petition, without supplying copy thereof to the respondent, along with the copy of petition, the supreme court held that there was no breach of the provisions of the act in regard to the filing of the election petition, since the election petition itself reproduced the whole of the translation in english, which averments with regard to pamphlet were themselve a part of the petition. ..... referring to the aforementioned provisions of the code in murarka radhey shyam's case (air 1964 sc 1545) (supra), it was held that reading the relevant section in part vi of the act, it isimpossible to accept the contention that the defect in the verification, which is to be made in the manner laid down in the code for the verification of the pleadings is fatal to the maintainability of the ..... since the allegations are with respect to both postal ballot and the other ballots, in addition to the provisions of the act and the rules discussed above, reference to some of the other provisions will also be necessary, in order to find out as to whether the allegations made in the entire para 12 give rise to a triable cause of ..... of the petition or not, when such cassettes have not at all been either annexed to the petition or filed along with the petition in the court, neither it is shown, nor in view of any of the provisions of the act or the code it was obligatory on the part of the petitioner to have supplied copies of the same to the respondents. .....

Tag this Judgment!

Apr 19 1993 (HC)

State Vs. Vidya Devi and Etc.

Court : Himachal Pradesh

Reported in : 1993CriLJ3556

..... 49 empowers an officer authorised under section 42 if he has reason to suspect that any animal or conveyance is or is about to be used for the transport of any narcotic drug or psychotropic substance in respect of which he suspects that any provision of the act has been, or is being or is about to be contravened, to stop such animal or conveyance and rummage and search the conveyance or part thereof; examine and search any goods on the animnal or the conveyance; and to stop the animal or ..... 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 copy of information under section 42(1) and ground ..... it is he who can write the grounds of his personal knowledge or information given by a person that some one had committed an offence under the act, as required under sections 41(2) and 42(1) of the act and further record the ground of his belief under proviso to section 42(1) of the act and it is this officer who is required to send; a copy of the information under section 42(1) and the ground of his belief forthwith to his immediate ..... of india); 1991 supp (1) scc 600 : (air 1991 sc 101) (delhi transport corporation v. d.t.c. .....

Tag this Judgment!

Mar 16 1961 (HC)

Collector of Bilaspur Vs. Santu and ors.

Court : Himachal Pradesh

Reported in : AIR1962HP16

..... felt that the ministries delay matters so much that the periods of limitation already prescribed in the limitation act are not long enough for the government or its agents, then the better course is to obtain amendment of the law through the legislature rather than to make an application to the court invoking its power under section 5 of the limitation act.i am definitely of the opinion that delays in government offices are no justification for invoking the power ..... it has been alleged in the affidavit filed along with the application under section 5 of the limitation act that on receiving the copy of the order of the court the collector examined fee merits 'f the ease in consultation with the local government advocate and sent the certified copy of the judgment ..... the discretion vested in a court of law under section 5 of the limitation act must be exercised on judicial principles: and not in an arbitrary, vague or fanciful ..... the following observations were made in that ruling:-'the act makes no distinction between government and a private individual but it is obvious that in considering an application under section 5 a ..... is an application under section 5 of the indian limitation act for condonation of delay in the preferment of miscellaneous first ..... while it was observed that the act made no distinction between government and the private individual, it was later on observed that in considering an application under section 5 a distinction must be made between a government ..... air 1953 mys .....

Tag this Judgment!

Dec 18 1953 (HC)

Fatta and ors. Vs. Dillu

Court : Himachal Pradesh

Reported in : AIR1954HP44

..... further article 176, limitation act, cannot be made applicable to a revision. ..... biharilal', air 1953 madh-b 272 (c), where a single judge of that high court, dissenting from--'air 1949 mad 435 (b)' and--'mahomed sadaat ali khan v. ..... , nor the limitation act, applies to civil revision petitions, there can be no question of abatement of such petitions. ..... on 10-4-1953, santu petitioner put in an application praying that mt. ..... hasnu, widow of sidhu, one of the petitioners in this revision died on 4-2-1953. ..... an application to bring his legal representatives on the record was filed on 16-9-1953, i.e. ..... dillu respondent died on 31st jeth, corresponding to 13-8-1953. ..... it was decided by that bench that:'there can be no question of abatement but for the combined application of the provisions of order 22, rules 3 and 4 and the material articles of the limitation act. .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //