Court : Himachal Pradesh
Decided on : Jan-07-2003
Reported in : AIR2003HP139
..... owner', we are satisfied that it was never intended to include a tenant like respondent no. 4 within this definition, so as to enable him to invoke section 170 supra of the act. we may notice here that nothing has been brought to the contrary to our notice on behalf of respondents, particularly, respondent no. 4 so as to ..... no. 4 is not the owner of the premises in question, which position was not even disputed by respondent no. 4 also. therefore, when both section 2(37) and 170 of the act are read together, respondent no. 1 could not have sanctioned the independent separate connection to respondent no. 4. this action of respondents nos. 1 to ..... affidavit extracted hereinabove, being false were also denied by respondent no. 4. he also pleaded that action has also been initiated against the petitioner under section 11 of the h.p. urban rent control act, 1987 and the matter is pending before the rent controller, shimla. interim order has been passed on 8-3-2002. despite this water supply .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Mar-04-2003
Reported in : [2004]118CompCas604(HP)
..... . the other accusation against the petitioners and respondents nos. 2 and 3 is regarding filing of a false information punishable under section 628 of the companies act. section 628 of the said act reads as follows :'section 628. penalty for false statements.--if in any return, report, certificate, balance-sheet, prospectus, statement or other document required ..... . the first accusation against the petitioners is that along with respondents nos. 2 and 3, they violated the provisions of section 146 of the companies act. section 146 of the said act reads as under :'section 146. registered office of company.--(1) a company shall, as from the day on which it begins to carry on ..... of the company, shall be the officers in default. therefore, all the directors of the company will be officers in default within the meaning of section 5 of the act only when there is no managing director, whole-time director, manager, secretary, a person charged by the board with the responsibility of complying with .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Mar-04-2003
Reported in : [2004]50SCL171(HP)
..... illegal.10. the other accusation against the petitioners and respondents 2 and 3 is regarding filing of a false information punishable under section 628 of the companies act. section 628 of the said act reads as follows :'section 628. penalty for false statements.--if in any return, report, certificate, balance sheet, prospectus, statement or other document required ..... the records.5. the first accusation against the petitioners is that along with respondents 2 and 3, they violated the provisions of section 146 of the companies act, section 146 of the said act reads as under ;'146. registered office of company.--(1) a company shall, as from the day on which it begins to carry ..... of the company, shall be the officers in default. therefore, all the directors of the company will be officers in default within the meaning of section 5 of the act only when there is no managing director, whole time director, manager, secretary, a person, charged by the board with the responsibility of complying with .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Mar-20-2003
Reported in : AIR2003HP137
..... of court fees and value for the purposes of jurisdiction shall be the same. in other words, so far as suits falling under section 7(iv), court fees act, are concerned, section 8, suits valuation act provides that the value determinable for the computation of court fees and the value for the purpose of jurisdiction shall be the same. ..... . the computation of court fees in suits falling under section 7(iv), court fees act, depends upon the valuation that the plaintiff makes in respect of his claim. once the plaintiff exercises his option and values his claim for purposes ..... there can be little doubt that the effect of section 8. suits valuation act, is to make the value for the purpose of jurisdiction dependent upon the value as determinable for computation of court fees and that is material enough .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : May-15-2003
Reported in : II(2003)ACC739,2003ACJ1848,(2003)IIILLJ1113HP
..... legal contentions urged on behalf of the appellant-insurance company, it is desirable to extract definition of the 'employer' as contained in clause (e) of section 2(1) of the act which reads as below:'(e) 'employer' includes any body of persons whether incorporated or not and any managing agent of an employer and the legal ..... and 1986 acj 1101 (mp), held that an appeal by insurance company is not maintainable without depositing the compensation amount as per requirement of third proviso to section 30 of the act and contrary view of learned judge in national insurance co. ltd. v. sarfuddin (supra), was not accepted. again learned single judge of punjab and ..... 13. thus, having regard to different decisions, as noticed above, we answer the reference as under:'that even when the insurer prefers an appeal under section 30 of the act, third proviso is applicable and memorandum of appeal is to be accompanied by a certificate by the commissioner to the effect that the appellant has deposited .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : May-26-2003
Reported in : 2003(3)ARBLR606(HP)
..... is answered in the manner indicated hereinabove with the result that the application/objections, for setting aside the arbitral award in question in terms of section 34 of 1996 act shall stand transferred to the court of district judge, shimla, for its disposaal in accordance with law. because all the parties have not appeared before ..... which is such a 'court' of principal civil original jurisdiction (in this case, we are not concerned with the inclusive definition as occurring in section 2(e) of 1996 act relating to the jurisdiction of the high court also being a court of ordinary original civil jurisdiction).8. on the basis of the aforesaid discussion, ..... . feeling aggrieved of the passing of the aforesaid award, the petitoner filed an application for setting aside the aforesaid award in terms of section 34 of the arbitration and conciliation act, 1996 (1996 act, for short). the said application for setting aside the award was filed in this court.3. when the aforesaid application being omp .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jul-28-2003
Reported in : (2004)IIILLJ514HP
..... to the employer to terminate the service without notice or inquiry or at any rate without complying with the minimum principle of natural justice.14. section 25-f of the act clearly prescribes the mode, manner and methodology of terminating services of a temporary employee. admittedly such procedure prescribed has not been complied with in the ..... under a stipulation in that behalf contained therein; or(c) termination of the service of a workman on the ground of continued ill health.'12. section 25-f of the act which lays down conditions precedent to retrenchment of workman, provides:'25-f. conditions precedent to retrenchment of workmen. - no workman employed in any industry ..... of annexure p5 shows that it is not the case of voluntary abandonment of service by the workman but it is a case of termination.11. section 2(oo) of the act defines 'retrenchment' as under:'(oo) 'retrenchment' means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Sep-04-2003
Reported in : (2004)ILLJ1008HP
..... considered in a judicious manner. therefore, the appropriate forum wherein such question of back wages could be decided is only in a proceeding to whom a reference under section 10 of the act, is made. to state that merely upon reinstatement, a workman would be entitled, under the terms of award, to all his arrears of pay and allowances ..... or benefit, which is considered just and fair on the other hand is vital. the former falls within jurisdiction of labour court exercising powers under section 33-c(2) of the act while the latter does not. it cannot be spelt out from the award in the present case that such a right or benefit has accrued to ..... employer, the dispute relating to entitlement is 'not incidental to the benefit claimed and is, therefore, clearly outside the scope of a proceeding under section 33-c(2) of the 'i.d. act'. it is only when the entitlement has been earlier adjudicated or recognised by the 'employer and thereafter for the purpose of implementation or enforcement thereof .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Sep-04-2003
Reported in : I(2004)ACC255,2004ACJ411
..... fastening the liability upon the respondent no. 1, liability has been fastened upon the petitioner. this is apparently beyond the scope of an appeal under section 30 of the act. therefore, only remedy available to petitioner was to invoke the extraordinary jurisdiction of this court by challenging the aforesaid part of the award under article ..... is a very very unfortunate case where statutory authority, namely, the commissioner, under the workmen's compensation act, at shimla, while deciding and disposing of a petition filed before him for compensation under section 22 of the act did not decide a vital and an important issue relating to the liability of the insurance company with which ..... to him the petitioner had an alternative remedy of filing an appeal under section 30 of the workmen's compensation act, 1923 in that court. we do not agree with him because the scope of an appeal under section 30 of the act is limited only insofar as it challenges an order awarding compensation or an .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Nov-03-2003
Reported in : I(2004)ACC309,2004ACJ1973
..... actual control of the bus after having hired the same. he further stated that driver was to ply the bus under command and control of such corporation. therefore, for all acts of omission and commission of the driver it is the nhpc who is liable and not the himachal road transport corporation, as has been held by learned tribunal below. he .....
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