Court : Himachal Pradesh
Decided on : Jul-27-2006
Reported in : 2006(3)ShimLC135
..... be used for the expanded plant also, for which permission had already been obtained. there is no serious violation of the explosives act.violation of zoning atlas:31. the contention of the petitioners is that the zoning atlas has been violated since the same prohibits the setting up of a ..... been obtained till date and, therefore, the further construction cannot be allowed to continue till requisite permission is obtained.violation of the explosives act:30. as far as the violation of the explosive act is concerned we feel that this violation was only technical in nature as held by the committee since the same tanks were to ..... violations of the explosives act. however, we accept the recommendations of the committee that the respondent no. 4 should obtain no objection certificate from the concerned authority before setting up the plant.factories act:74. there is no doubt that the respondent no. 4 has violated the provisions of section 41-a read with sections 6 and 7 .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jan-03-2006
Reported in : (2006)3LLJ527HP,2007(3)ShimLC360
..... to the department, in spite of two notices of department calling her to join back the duties, amounts to retrenchment within the meaning of section 2(oo) of the act.section 1(oo) of the act reads:'retrenchment' means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted ..... view, voluntary absence which amounts to voluntary abandonment and voluntary retirement from the work would not amount to retrenchment within the meaning, of section 2(oo) of the act and therefore, section 25-f of the act is not attracted in the facts and circumstances of this case.24. learned labour court erred in holding that workman was terminated from ..... 1, 1993 to october 25, 1995 can be over-looked and it can be said that the workman was retrenched in violation to section 25-f of the act.9. section 25-f of the act lays down that no workman employed in any industry who has been in continuous service for not less than one year under an employee .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jan-04-2006
Reported in : AIR2006HP75,2006(1)ShimLC312
..... the hon'ble supreme court that the high court was right in concluding that the decree of dismissal of the suit against the petitioner would operate as res judicata under section 11 cpc in the appeal against which the petitioner had filed the second appeal. similar view was taken by the hon'ble supreme court in : air1993sc1202 , holding that the finality ..... along with the memorandum of appeal. the said appeal was filed on 27.1.1998 i.e. prior to the coming into force of the code of civil procedure (amendment) act, 1999, which came into force with effect from 1.7.2002. thus, the code of civil procedure, 1908, prior to its amendment in 1999 and 2002, was applicable at the .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jan-06-2006
Reported in : AIR2006HP67,2006(1)ShimLC307
..... on february1, 1991. under rule 16 of the 1991 rules, certain categories of industries who are registered as tiny or small scale industrial units and are run by weaker section of society including exservicemen are entitled to certain additional incentives/facilities over and above the incentives/facilities admissible in other parts of the rules. under rule 16.1 (c), ..... covered under the 1991 rules.8. it is the further stand of the respondents that under rule 16 of 1991 rules, special interest subsidy is provided to certain weaker sections of society who set up their tiny or small scale industrial units after coming into force of the 1991 rules. the existing units are not eligible for the incentives ..... k.c. sood, j.1. the petitioner m/s jerath electronics private limited is a company incorporated under the companies act with its registered office at shogi in tehsil and district shimla. parkash chand jerath, an ex servicemen, is its managing director,2. the petitioner company has approached this .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jan-11-2006
Reported in : 2007ACJ1398,2006(1)ShimLC349
..... accident and the owner of the goods or his representative dies or suffers any bodily injury. justice s.b. sinha in his concurring judgment held as follows :25. section 147 of the 1988 act, inter alia, prescribes compulsory coverage against the death of or bodily injury to any passenger of 'public service vehicle'. proviso appended thereto categorically states that compulsory coverage in ..... solely for the carriage of goods. carrying of passengers in goods carriages is not contemplated in the act. there is no provision similar to clause (ii) of the proviso appended to section 95 of the old act prescribing requirement of the insurance policy. even section 147 of the act mandates compulsory coverage against death of or bodily injury to any passenger of 'public service vehicle .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jan-11-2006
Reported in : IV(2006)ACC131
..... accident and the owner of the goods or his representative dies or suffers any bodily injury.justice s.b. sinha in his concurring judgment held as follows:25. section 147 of the 1988 act, inter alia, prescribes compulsory coverage against the death of or bodily injury to any passenger of 'public service vehicle'. proviso appended thereto categorically states that compulsory coverage in ..... solely for the carriage of goods. carrying of passengers in goods carriages is not contemplated in the act. there is no provision similar to clause (ii) of the proviso appended to section 95 of the old act prescribing requirement of the insurance policy. even section 147 of the act mandates compulsory coverage against death of or bodily injury to any passenger of 'public service vehicle .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jan-12-2006
Reported in : 2006(1)ShimLC259
..... candidates has never been published. even otherwise, there were 1600 candidates who have been selected and candidates like the petitioners who belong to the weaker sections of society cannot be forced to make such a larger number of candidates as parties in the present writ petitions. however, we do feel that ..... to admission to medical & engineering colleges. the contention raised was that the system of selection by interviews is illegal inasmuch as it enables the interviewers to act arbitrarily and to manipulate the results and, therefore, it contravenes article 14 of the constitution. the apex court noted that highly qualified educationists were appointed ..... academic and professional requirements being satisfied. to subject such persons to a written examination may yield unfruitbful and negative results, apart from its being an act of cruelty to those persons. there are, of course, many services to which recruitment is made from younger candidates whose personalities are on the threshold .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jan-13-2006
Reported in : II(2006)ACC755,2006ACJ2254,2006(1)ShimLC378
..... the proviso even when such coverage is limited to the liability that would arise against the insured under the workmen's compensation act. the language of sections 146 and 147 of the act and in particular the proviso to section 147 is much too clear to admit of any other interpretation. the argument that the insurance policy must cover qua such ..... or any motor vehicle not so constructed or adapted when used for the carriage of goods. section 147(1) of the motor vehicles act reads as follows :147. requirements of policies and limits of liability.-(1) in order to comply with the requirements of this chapter, a policy ..... for the insurer to cover the risk in respect of persons not employed by the owner but employed by the hirer or some other person.11. section 2(14) of the motor vehicles act defines 'goods carriage' as follows :(14) 'goods carriage' means any motor vehicle constructed or adapted for use solely for the carriage of goods, .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Mar-07-2006
Reported in : 2007ACJ1753,[2006(110)FLR730],2006(1)ShimLC447
..... been barred to decide or deal with any question which is required to be settled, decided or dealt with by the commissioner under the 1923 act. since sub-section (1) of section 19 (supra) clearly enjoins upon the commissioner an obligation to settle the issue of entitlement or the right of a dependent to receive compensation, ..... saying, therefore, that the dependent is entitled to maintain a compensation application before the commissioner under 1923 act.section 19 of 1923 act reads as under:-19. reference to commissioners.-(1) if any question arises in any proceedings under this act as to the liability of any person to pay compensation (including any question as to whether a ..... and decide issue no. 3 on its merits.the expression 'dependent' has been defined in section 2(d) of workmen's compensation act, 1923. as per this definition, dependent includes a widow of the deceased workman. section 22 of the act provides for the manner in which an application has to be filed as well as prescribes .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Mar-07-2006
Reported in : 2006(3)ShimLC346
..... the learned single judge dismissed both the aforesaid applications after rejecting the prayer of the appellants that the court should, in terms of section 8 of the arbitration and conciliation act, 1996 (1996 act, for short) refer the parties to arbitration.2. brief facts leading to the filing of the appeal may be summarized as under.3 ..... arbitration agreement and the arbitrality of the subject-matter of the suit therefore, are conditions precedent for passing an order by such a court under section 8 of the 1996 act for referring the parties to the arbitration. if there is no arbitration agreement between the parties or if, despite existence of the arbitration agreement ..... shall not be ousted. for instance, in so far as it relates to the scope of 1996 act or any purpose connected therewith, say section 9 or for that matter even section 8, section 34, sections 6 and 37 of the 1996 act etc. etc. whatever meaning is assigned to the aforesaid expression occurring in clause 12, this expression .....
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