Court : Himachal Pradesh
Reported in : AIR1976HP75
..... could substitute for civil courts and can therefore be regarded as 'courts of law'. with respect, the assumption is not justified the purpose of section 110-f of the motor vehicles act has already been discussed above, and in my opinion the exclusion of the civil court does not make a claims tribunal a court of law, ..... that the adjudication of claims for compensation in such cases should not be effected by the civil courts but by claims tribunals, and accordingly section 110-f of the motor vehicles act denies jurisdiction to the civil court to entertain any question relating to any claim for compensation which can be adjudicated upon by the claims tribunal ..... widow smt. dayatri devi, his daughter neelam and son papu filed a claim on may 3, 1968 before the motor accident claims tribunal under section 110-a of the motor vehicles act for compensation from the employers and the insurance company. the respondents resisted the claim on the ground that the tribunal had no jurisdiction to entertain .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [1977]106ITR64(HP)
..... , took the view' that the assessments made on the assessee-family for the assessment years1968-69 to 1970-71 were prejudicial to the revenue, and acting under section 263 of the income-tax act, 1961 he made an order dated march 20,1972, for the three years holding that the share income of satinder kumar from m/s. vijay ..... on the facts and in the circumstances of the case, the tribunal was in law right in upholding the order of the additional commissioner of income-tax under section 263, income-tax act, on the ground of satinder kumar's joining the partnership, messrs. vijay traders, being an extension of the hindu undivided family's earlier business when the ..... a business. but there is no deviation from the fundamental principle that what has been done by him must be for the benefit andnecessity of the family. the acts of the karta will bind the family if they are within his ostensible authority as a manager conducting the family business. how far the other coparceners, including minor .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1976HP54
..... patent), it is not essential that the decision should wholly put an end to the litigation, and it need not possess the attributes of a final order, as contemplated by section 109 c. p. c. or article 133 of the constitution. if a decision effectively disposes of a suit or proceeding, it is a 'judgment' within the purview of ..... very primary question arising in the case is involved and calls for a decision by the supreme court. as i have said above, the question regarding vires of an act was nonetheless of primary importance, still the supreme court did not grant a certificate of fitness as the order was interlocutory. in jethanand and sons v. state of uttar ..... in support of the view. in sardar syedna taher saffuddin saheb v. state of bombay (1958 scr 1007) = (air 1958 sc 253) the question regarding vires of an act was involved and an interlocutory finding was given. the supreme court held that the certificate under article 133 was incompetent as it could not be granted in respect of an .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1977HP35
..... respect of certain demand placed by the respondent upon the appellant and such disputes were referred to arbitration and awards were given against the respondent. under section 63 (a) of the act the awards were deemed to be a decree of a civil court and were executed in the same manner as decree of such court. accordingly the ..... principle is as much there based on the theory of repeal and based on the effect of repeal laid down in section 6 iof the general clauses act or section 4 (e) of the himachal pradesh general clauses act, 1968--namely that the previous operation of the enactment so repealed will not be affected and any legal remedy which is ..... then insisted that the award itself was without jurisdiction. in that connection he urged that there was no dispute in existence within the meaning of section 72 of the himachal pradesh co-operative societies act, 1968. the learned counsel pointed out with reference to one ganga ram who is respondent in execution second appeal no. 5 of 1975 .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1976HP74
..... him thereby to prosecute the suit. it is submitted by learned counsel that this is not permissible in law. i am unable to agree. the definition of 'legal representative' in section 2 (11) of the code of civil procedure is very wide. it will certainly include a person who seeks to represent the estate of a deceased person on the basis ..... of a will said to be executed by the deceased in his favour. the estate will be sufficiently represented by such a person. the learned senior subordinate judge acted within his jurisdiction in substituting the respondent as the legal representative of the deceased. the substitution does not make the legal representative heir to the property of the deceased. it .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1976HP16
..... to rent payable under that contract. it is difficult for any landlord to determine what should be the reasonable rent with reference to the provisions of section 5 of the act. section 5 does not automatically result in the determination of the fair rent at any definite predictable figure. the fair rent is not determined in a mechanical ..... v. j.s. sethi, (1970) 2 scr 390. that case is distinguishable. the supreme court was concerned there with the delhi rent control act, 1958. section 14 of that act contemplated an application by the landlord for the recovery of possession of the premises on the ground that the tenant had neither paid nor tendered the arrears ..... the proposition that the determination of fair rent payable operates also for the period before such determination, learned counsel for the petitioner relies on sections 7, 8 and 9 of the act. the case of the respondent, on the contrary, is that the fair rent represents the rent payable for the period following the determination of .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1976HP82
..... view that the land held by each member of the family had to be pooled and as the selection of the permissible area for the families provided in section 4 (4) of that act contemplates that the selection is to be made by the husband, and if he is dead, by his wife and, in any other case, by the eldest surviving ..... am aware, requires the legislature to enact a single statute in respect of the subject-matter of a single entry alone. by defining the expression 'land' in section 3 (f) of the impugned act to include land in its ordinary connotation as well as private forests, the state legislature has done that which it was competent to do.30. it is urged ..... saved by the assent of the president, by virtue of article 254 (2) of the constitution.33. the next contention on behalf of the petitioners is that section 7 of the impugned act is invalid insofar as the collector has unfettered power to determine whether a transfer made after the 'appointed day' is bona fide or not. it is pointed out that .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1977HP1
..... be pressed into service.15. the next submission is that these bahis were not intended tu charge any person with liability within the meaning of section 34 of the indian evidence act and were produced particularly as proof of the construction of the suit property by the joint hindu family and to indicate custody and reliance is placed ..... bahis are in his hand. therefore, in - the absence of any evidence to that effect, these bahi entries are not of any evidentiary value. under section 34 of the indian evidence act all entries in books of account, regularly kept in the course of business, are relevant and, therefore, admissible whenever they refer to a matter into ..... duni chand under a purchase from one kishori mal is entered in the exclusive ownership and possession of duni chand and presumption of correctness under section 45 of the himachal pradesh land revenue act attaches to the entries of the jamabandi. further it is evident from another copy of the jamabandi of the same year (exhibit p. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1977HP84
..... taken against him. the collector made an order dated january 16, 1975 holding that the petitioner was in unauthorised occupation of public premises and under section 5 (1) of the aforesaid act, he directed the petitioner to vacate the premises, failing which, the petitioner wag warned, he would be evicted. the petitioner appealed, and the ..... under the control and management of the municipal corporation. consequently, he held, the land could be described as public premises. in view of section 55 (1) (g) of the himachal pradesh municipal act, 1968, the divisional commissioner held the premises to have vested in, and to be under the management and control of, the municipal corporation ..... of law on the face of the record. 4. learned counsel for the municipal corporation has urged that the case is covered by section 55 (1) (f) of the himachal pradesh municipal act. he urges that the land must be deemed to have been transferred to the municipal corporation by the government by operation of law .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1977HP51
..... on the ground that there can be no real prejudice by the amendment and that the costs awarded against the amending party will act as the panacea for any possible inconvenience occasioned by the amendment.'the learned counsel for the appellant-petitioner submits on the basis of ..... the owner of the land automatically in accordance with the provisions of the himachal pradesh tenancy and land reforms act, as amended, hence also the suit merits dismissal.2-a. it had been averred that these pleas had arisen to the appellant ..... cannot be dispossessed from the land in dispute except in accordance with the provisions of the himachal pra-desh tenancy and land reforms act.(2) that the respondent having not reserved the area in dispute in accordance with law before the appointed day, he has become ..... orderchet ram thakur, j.1. this application under order 6, r. 17 read with section 151 of the civil procedure code (shortly called the code) has been filed by the appellant for amendment of .....
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