Court : Himachal Pradesh
Decided on : Apr-03-2006
Reported in : IV(2006)ACC108,2007ACJ2835,2006(2)ShimLC57,2007(1)SLJ403(HP)
..... or child respectively.10. the deceased was an unmarried son of the petitioners. in terms of sub-clause (b) of clause (iii) of (d) of sub-section (1) of section 2 of the act, 'parents', undoubtedly are the 'dependants' of a deceased unmarried son (the expression 'a parent' used in sub-clause (b) (supra) undoubtedly includes the plural ..... that it be kept in fixed deposit. mr. chandel, learned advocate general appearing for respondent no. 3 has drawn my attention to sub-sections (6) and (7) of section 8 of workmen's compensation act, 1923, which read thus:-(6) where any compensation deposited with the commissioner is payable to any person, the commissioner shall, if the ..... . 1 is the mother of deceased sher singh s/o sh. dal bahadur who covered under the definition of dependent as per provisions contained under section 2 (iii)(a) of workmen compensation act but the respondent no. 2 who is father of the deceased does not fall in the definition (sic) of dependent, therefore, the amount of .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Apr-03-2006
Reported in : 2007ACJ1643,2006(1)ShimLC406
..... it seems attractive on the face of it is not at all in consonance with the judgment of the apex court and the provisions of the motor vehicles act. section 3 of the motor vehicles act clearly lays down that no person should drive a motor vehicle unless he holds an effective driving licence issued to him authorizing him to drive the vehicle ..... defined in section 2(16) of the act as follows:2(16) 'heavy goods vehicle' means any goods carriage the gross vehicle weight of which, or a tractor or a road-roller the unladen weight ..... which or a motor car or tractor or road-roller the unladen weight of any of which, does not exceed 7500 kilograms.medium goods vehicle is defined in section 2(23) of the act as follows:2(23) 'medium goods vehicle' means any goods carriage other than a light motor vehicle or a heavy goods vehicle.heavy goods vehicle has been .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Apr-03-2006
Reported in : 2006(2)ShimLC48
..... palkwah it turned turtle resulting in the death of the six victims. the heirs of the victims filed six separate claim petitions for compensation under section 166 of the motor vehicles act. the claim petitions were only contested by the insurance company and the owner-cum-driver of the tractor jagraj singh remained ex-parte. the insurance ..... these questions and held as follows :16. a tractor fitted with a trailer may or may not answer the definition of goods carriage contained in section 2 (14) of the motor vehicles act. the tractor was meant to be used for agricultural purposes. the trailer attached to the tractor, thus, necessarily is required to be used for ..... not being used for agricultural purpose. however, even if it be assumed that the trailer would answer the description of 'goods carriage' as contained in section 2 (14) of the motor vehicles act, the case would be covered by the decisions of this court in asha rani and ors. decisions following the same, as the accident had taken .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Apr-03-2006
Reported in : 2006CriLJ2850,2006(1)ShimLC417
..... handled by the police. the prosecutrix and her brother admittedly went to the police station on 18th july, 1995. the complaint was with regard to an offence under section 376 ipc. a woman had been ravished and sexually abused but the police took the matter extremely lightly. the investigating officer did not even think it proper to record ..... is nothing suggestive of recent vaginal penetration is based on the presumption that since the prosecutrix was a widow there was no occasion for her to indulge in the act of sex. a medical expert is not supposed to make any such sort of hypothetical assumption. despite this i find that the scratch marks on the back ..... of the victim of sexual assault is vital unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no difficulty in acting on the testimony of a victim of sexual assault alone to convict an accused were her testimony inspires confidence and is found to be reliable. it is also .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Apr-03-2006
Reported in : AIR2006HP97,2006(1)ShimLC397
..... brother and one gurcharan singh randhava came to their house at mandi. they assaulted and beat the family members of the husband. a case under section 324/ 452/147/148 i.p.c. was registered with police station, mandi. the fact that the wife alongwith her parents, brother and gurcharan ..... singh randhawa came to the house of the husband, assaulted and beat the family members of the husband at mandi regarding which a case under section 324, 452, 147, 148 i.p.c. was registered with police station mandi;(d) a false case to pressurize the husband and his ..... beaten up and threatened the family of the husband is, in my opinion, an act of cruelty by itself.12. the next act of cruelty alleged by the husband is the registration of a false case under sections 498-a, 406 and 120-b i.p.c. alongwith the further allegation ..... deepak gupta, j.1. this appeal under section 28 of the hindu marriage act is directed against the judgment and decree dated 17.12.1999 passed by the learned district judge, mandi in .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Apr-04-2006
Reported in : 2006(1)ShimLC391
..... of the property, the assignee should have all those rights in the property, which the assignor had and not a part of it. therefore, in the context of section 3(5) of the act, the term 'assignee', when used in relation to a mortgagee, would mean a person having all those rights and liabilities, which the original mortgagee had.12. in ..... the areas merged in himachal pradesh, on reorganization of the erstwhile state of punjab. definition of 'land-owner' is the same, per section 4(9) of the h.p. land revenue act and section 3(2) of the punjab revenue act. it is reproduced below for ready reference:4(9) 'land-owner' does not include a tenant or an assignee of land revenue ..... end with the redemption of mortgage. the point, thus, raised by them was not in fact a dispute of the type as envisaged by sub-section (4) of section 104 of the h.p. tenancy and land reforms act. it was in fact a question of interpretation of the term 'tenant'.19. in view of the abovestated position, the appeal is dismissed. .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Apr-04-2006
Reported in : III(2006)ACC19,2007ACJ1954,2006(2)ShimLC53
..... of bonus. claimants alleged that the accident had taken place due to rash or negligent driving of the car as also the truck. they filed a petition, under section 166 of the motor vehicles act, seeking award of compensation to the tune of rs. 50,00,000/ -. both the sets of the respondents contested the claim and denied that the cause of ..... surjit singh, j.1. this appeal, under section 173 of the motor vehicles act, has been filed by the claimants, as they are aggrieved by quantum of compensation awarded by the tribunal.2. facts relevant for the disposal of the appeal may be noticed. .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Apr-10-2006
Reported in : 2006(2)ShimLC237
..... allotment of the land 'by means of fraud, false representation or concealment of any material fact' within the meaning of section 24(2) of the act.57. either under sub-section (1) of section 24 or sub-section (2) of section 24, the chief settlement commissioner does not enjoy unfettered power or arbitrary discretion to cancel an allotment (see : 1964 ( ..... post, to the settlement officer; shimla requesting that the orders of the assistant collector 2nd grade-cum-naib tehsildar, shimla dated 8.11.1990 sanctioning mutation no. 1884 whereby half share of khasra number 598/c measuring 17 sq. yds. and 8 sq. ft. was given to sardar santokh singh may be cancelled on the ..... to the property of the petitioner. it is the case of the respondent no. 5 that the settlement collector after due consideration, set aside the mutation no. 1884 dated november 8, 1990 and remanded the matter to the assistant collector for decision afresh.15. respondent no. 5 admits having filed a petition before the chief ' .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Apr-12-2006
Reported in : 2006(1)ShimLC460
..... leased out and not for eviction of those authorities by the persons to whom the premises belong and who have let out the same to such authorities.9. section 6 of the act, which provides for the disposal of the property left on the public premises by unauthorized occupants strengthens the aforesaid view. the provision says that property left on ..... eviction of those persons, who are in unauthorized occupation of the premises belonging to or taken on rent by the government or other authorities referred to in section 2(e) of the act and not for the eviction of the government or other authorities who might have taken such premises on rent, at the instance of their landlord.10. ..... an agreement for payment of rent and that as a matter of fact those documents are not relevant nor do they amount to acknowledgement within the meaning of section 18 of the limitation act, and that observation made by the first appellate court to this effect is unfounded.12. ex. a-1, is a letter written by the appellants- .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Apr-12-2006
Reported in : III(2006)ACC207,2007ACJ134,2006(2)ShimLC4
..... the accident was reasonably incidental to the employment and was in the course of his employment. the deeming provision of section 51-c, which came into force by way of an amendment effected by employees' life insurance (amendment) act of 1966 (act no. 44 of 1966), enlarged the scope of the phrase 'in the course of employment' to include travelling ..... as a passenger by the employer's vehicle to or from the place of work. the legal fiction contained in section 51-c, however, does not come into play ..... deepak gupta, j.1. this appeal under section 30 of the workmen's compensation act is directed against the award of the commissioner under the workmen's compensation act, rampur bushehar, district shimla in case no. 13/99, decided on 27.1.2003. this appeal was admitted on 12.6.2003 on the following substantial question .....
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