Court : Himachal Pradesh
Reported in : AIR1957HP37,1957CriLJ631
..... . santa singh, air 1944 lah 339 (d), a pull bench of that high court, with reference to a case under the arms act and the explosive substances act, remarked that: "the words "possession and control" in section 19 (f), arms act, and section 5, explosive substances act, mean something more than mere constructive or legal possession and control. possession and control required to constitute offences under the aforesaid ..... articles constitutes serious criminal offences, there must be mens rea or guilty knowledge before a person can be convicted of such possession. consequently, where incriminating articles under section 19 (f), arms act, and section 5, explosive substances act, are recovered from a place in the occupation or possession of more persons than one and it is not possible to fix the liability on any particular .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1985HP71
..... is a dangerous thing within the rules applicable to 'things dangerous' in themselves is beyond question. thus the appellants who are carrying in their mains the inflammable and explosive gas are prima facie within the principle of rylands v. fletcher affirming fletcher v. rylands; that is to say, that though they are doing nothing wrongful in ..... the defendants, therefore, the company is not a necessary party in the present suit. this issue is decided against the defendants.issue no. 3.10a. notice under section 80 c.p.c. was sent to the defendants on 21-9-1974 (ex. p-6). the learned counsel for the defendants has admitted the contents of ..... . with effect from 20-1-1978 the assets and liabilities of this project were transferred to the national hydro electric power corporation (a company incorporated under the companies act). defendant 2 (project) is run by the national hydro electric power corporaton ltd. in these circumstances defendant 3, as admitted by the plaintiffs' counsel, should not .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1990ACJ647
..... any liability arising out of any accident directly or indirectly caused or contributed to by or arising from ionising, radiations, or contamination by radiation from any nuclear explosion or fuel or from any nuclear waste from the combustion of nuclear fuel or caused by or arising from nuclear weapons/materials. 6. indemnity of state government.--after ..... by the tribunal. in other words, these amounts are to be taken into consideration by the tribunal while awarding the compensation to the claimants under section 110-a of the motor vehicles act, 1939. looking to the importance of the matter, the advocate general and other learned counsel were requested to assist the court and place their ..... cruz (no. 2), (1884) 9 pd 96, 101, for injuriously affecting the family of the deceased. it is not a claim which the deceased could have pursued in his own lifetime, because it is for damages suffered not by himself, but by his family after his death. the act of 1846, section 2 provides that the action is .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1992ACJ40
..... high court said that:(15) the contention of the learned counsel has been repelled by the court below and in my opinion rightly. the word 'use' occurring in section 110 of the act has been used in a wide sense. it covers all employments of the motor vehicle on the public places including its driving, parking, keeping stationary, repairing, leaving ..... buses or the driver and the conductor of the bus should have been vigilant in the absence of any guard in the bus. they should have seen that no explosive was kept by any one while the bus was stationed temporarily at pathankot bus stand. at least one of them should have been there to look after the bus ..... at bus stand pathankot where various persons boarded it. after covering a short distance, some material in the bus exploded at place chakki. therefore, it is clear that the explosion took place inside the bus. obviously, it appears to have been kept inside the bus while it was stationary at pathankot bus stand.8. it was in the knowledge .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1993HP52
..... committees to inform the court as to what measures were required to be adopted by the management of shriram to safeguard against the hazard or possibility of leaks, explosion, pollution of air and water....'21. the effort that this court made to ascertain the existing conditions, at the spot where mining operations were going on ..... been the store house of herbs, shrubs and plants. deep forests on the lower hills have helped to generate congenial conditions for good rain. the limestone belt has acted as the acqui-fer--to hold and release water perennially, all the important streams--song, baldi, ris-pana, kairuli and bhitarli originate from this area. reckless mining ..... non-exploitation of the natural wealth and would also render them and their labour idle. they have also denied that they are violating the provisions of various acts stated in the petition. in support of their averments, certain documents have also been filed to show that the allegations made against them by the petitioners are .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1994ACJ325
..... , at this stage, be asked to go to the civil court to agitate the matter as it has become time-barred in view of section 166 (3) of the motor vehicles act, 1988. moreover, it would be desirable to deal with the case on merits and award compensation in full and final settlement of the claim ..... act was committed by the employees aforesaid during the course of their employment of the corporation/ state. as stated earlier, ..... the afroesaid driver and the conductor were, are vicariously liable for the negligent and rash act complained against. the heating process was being conducted by the aforesaid persons without warning the passers-by or persons in the vicinity. the explosion was sudden and simultaneous on my client's reaching the spot. the aforesaid negligent and rash .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : II(1998)ACC433,1998ACJ210
..... ) without side-car being attached, where the vehicle is a motor cycle;14. apparently under sub-clause (b)(i) of sub-section (2) of section 96 of the act, breach of a specified condition of the insurance policy excluding the use of the vehicle for the purposes stated under sub-clauses (a ..... only' as put in the insurance policy, exh. p-4, is included in sub-clause (i)(a) of sub-section 2(b) of section 96 of the act. there can be no dispute that by putting limitation as to use for agriculture purpose only, the tractor could not be engaged ..... respect of damage to property caused by sparks or ashes from the motor vehicle or caused by or arising out of explosion of boiler of the motor vehicle.(g) the company shall not be liable in respect of death or bodily injury caused by or arising ..... out of the explosion of the boiler of the motor vehicle unless such death or injury is caused by or arising out of the use of .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [1998]234ITR509(HP)
..... part of the ownership. it did not come within the expression of 'owner' for the purpose of section 10(2)(vi) of the act.9. the next judgment relied upon by the learned advocate-general is that of the calcutta high court in cit v. indian explosives ltd. : [1993]204itr476(cal) . in that case, the assessee had transferred the land to ..... machinery was being used by the assessee and it was shown as its assets in its balance-sheet and, therefore, the assessee was entitled to get 'depreciation deducted under section 32 of the act. the calcutta high court has made a reference to the decision of the supreme court in r. b. jodha mat kuthiala v. cit : [1971]82itr570(sc) ..... not as if the himachal pradesh state electricity board retained the ownership and only conferred a right to use on the assessee as such.10. under section 256(2) of the income-tax act, the high court may if it is not satisfied with the correctness of the decision of the appellate tribunal require the appellate tribunal to state the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2000HP11
..... the benefits flowing from the policy shall stand extinguished and any subsequent action would be time-barred. such a clause would fall outside the scope of section 28 of the contract act. this, in brief, seems to be the settled legal position. ........'12. in the present case, admittedly the claim regarding loss and damage was ..... contents resulting from their own explosion/implosion. 4. impact by rail/road vehicles or animal. 5. aircraft and other aerial and/or space devices and/or articles dropped therefrom, excluding destruction or ..... during the period 17-9-1990 to 16-9-1991 vide insurance policy ex. pw 1/1, covering the following risks :--1. fire. 2. lightening. 3. explosion/implosion but excluding loss of or damage to boilers (other than domestic boilers) economisers, or other vessels, machinery or apparatus in which steam is generated or other .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(2002)ACC222,2002ACJ222,(2002)ILLJ1071HP
..... employer. he also submitted that the so called agreement said to have been arrived at between the appellant-company and hpseb was inconsistent with the provisions of the explosives act and explosives rules and no such agreement could, therefore, be enforced in a court of law. in that case, the sole liability was only of the principal employer ..... that the commissioner for workmen's compensation must have initially held principal employer liable. if the principal employer is not held liable, clause (d) of sub-section (1) of section 30 cannot be pressed in aid.19. the learned counsel for the appellant drew our attention to a decision of the high court of calcutta in b. ..... air 1958 all 564. it has been indicated in the said decision that phrase 'substantial question of law' as used in the proviso to sub-section (1) of section 30 of the act must be given a wider construction. the connotation, according to the high court, would cover a case in which the commissioner has clearly misdirected himself .....
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