Court : Himachal Pradesh
Decided on : May-10-2006
Reported in : AIR2006HP122,2006(2)ShimLC184
..... a bona fide purchaser for consideration. drawing attention of the court to the definition of phrase 'a person is said to have notice' appearing in section 3 of the transfer of property act, 1882, he urged that willful abstention from an enquiry or search which the buyer ought to have made, or gross negligence on his part, amount ..... this fact before making the purchase. it has been denied that the sale consideration was inadequate. it has also been denied that requirement of section 31(1) of the foreign exchange regulation act, 1973 had not been complied with. it has also been denied that the plaintiff did not visit dharamshala between 1969 and 1992. it has ..... being a foreigner could not have purchased the suit land unless some requirements, prescribed by the reserve bank of india and the central government, under section 31(1) of the foreign exchange regulation act, 1973, were complied with and for this reason also the sale is bad.5. the plaintiff has, therefore, prayed for passing a decree .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : May-17-2006
Reported in : AIR2006HP114,2006(2)ShimLC158
..... clearly shows that the power to amend and correct the clerical and arithmetical mistakes in a judgment, decree or order may be exercised at any time under section 152. similarly, section 153 gives power to the court to amend any defect or error in any proceedings in a suit at any time. the settled law is that there ..... civil procedure code lays down that where the appellate court dismisses an appeal in limine without issuing notice to the respondents, the power to amend a judgment or order under section 152 cpc may be exercised by the court which had passed the original judgment, decree or order. in the present case admittedly the appeal was not dismissed in ..... , except where the mandate of law inevitably necessitates it....21. applying the aforesaid dictum of the apex court i am of the considered view that the court should act in such a manner so as to do substantial justice between the parties. the approach of the learned district judge, as already observed, was hyper technical in nature .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : May-18-2006
Reported in : II(2007)ACC132,2007ACJ813,2006(2)ShimLC279
..... rajia alias thaju and ors. : (1997)1scc6 , in para i has held as follows:6. it will be proper here to extract the relevant pail of section 95(1) of the act.95. requirements of policies and limits of liability.-(1) in order to comply with the requirements of this chapter, a policy of insurance must be a policy which ..... ., passengers who are in the process of alighting from a public service vehicle, should be covered by the policy of insurance, which requirement is mandatory under section 95(1)(b)(ii) of the act. further, once such persons viz. those who are entering or alighting from the vehicle are treated as passengers, the limit of liability of the insurance company ..... by way of an exception to provide an insurance cover to passengers.'12. the judgment of the apex court has been delivered in the context of section 95(1) of the motor vehicles act, 1939 wherein the question was with regard to liability of the insurance company in respect of persons being carried in a bus for hire and reward .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : May-19-2006
Reported in : 2006(2)ShimLC150
..... vehicles in the no parking zone, which amounted to negligence on the part of the owners and the drivers of the said two vehicles. therefore, claim petition, under section 166 of the motor vehicles act, was filed against the owners, drivers and the insurer of both the vehicles. respondents contested the claim petition. it was alleged that deceased himself was to blame .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : May-23-2006
Reported in : AIR2007HP16,2006(2)ShimLC311
..... but the only ground upon which i propose to set aside the impugned order relates to the total and absolute non-maintainability of the petition under section 20 of 1956 act and the total lack of inherent jurisdiction in the learned court below in entertaining the petition and in passing the impugned order.4. the hindu ..... pertaining to dissolution of marriage and restitution of conjugal rights were exclusively triable by the district judge, then on the same analogy a petition under sections 18 and 20 of the act could also be entertained and disposed of by him. in my view,, this approach of the learned additional district judge is illegal and untenable. ..... her marriage had been fixed on 26th may, 2003 with one mohinder singh katoch son of shri krishan chand, filed an application under section 20 of the hindu adoptions and maintenance act, 1956 (1956 act : for short) complaining in this application that the petitioner did not make any arrangement for the marriage of the respondent and that as .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jun-19-2006
Reported in : 2006(2)ShimLC354
..... petitioners.27. the bombay high court in khair mohamed reas mohamed v. stale of maharashtra 1995 cri. l.j. 568, held that the statements made under section 161 cr.p.c. could be used as evidence against the maker of the statement in other proceedings such as civil proceedings. however, in other proceedings, since ..... reputation of the plaintiff, made false allegations in the supplementary statements dated 8.7.1985 and 9.7.1985, respectively. in these supplementary statements recorded under section 161 cr.p.c. by the police, the defendants had allegedly stated that since the plaintiff was a competitor in seeking the tender for supply of rations ..... apex court held as follows:hence, from above discussion, it is clear that the criminal procedure code and indian evidence act are complete codes and they do not provide any privilege to the maker of the statement under section 161 of the criminal procedure code. it cannot be said that the petitioner cannot be prosecuted for offence punishable under .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jun-23-2006
Reported in : III(2006)ACC80,II(2007)ACC386,2007ACJ661,2006(3)ShimLC105
..... been raised that since the licence has been renewed, the renewal shall enure from the back date and the insurance company would be liable.13. section 14 of the motor vehicles act deals with the currency of licence to drive motor vehicles. it provides different time periods for which different licences for different classes of vehicles shall ..... were not being used for agricultural purposes. however, even if it be assumed that the trailer would answer the description of 'goods carriage' as contained in section 2(14) of motor vehicles act, 1988, the case would be covered by the decision of this court in asha rani 2003 acj 1 (sc) and other decisions following the same, ..... these questions and held as follows:(15) 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 .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jul-24-2006
Reported in : I(2007)ACC593,2007ACJ2868
..... -1396, which took place on 29.5.2000. the deceased was aged about 45 years. claimants who are his widow and minor children filed a petition under section 166 of the motor vehicles act claiming that the accident had occurred due to rash and negligent driving of the owner-cum-driver. it was further alleged that the vehicle was insured with the ..... as his mother. keeping in view the guidelines laid down by the apex court in the aforesaid judgments and also taking a cue from schedule-h of the motor vehicles act, 1988, i feel that a multiplier of 12 would be just and appropriate in the facts and circumstances of the present case. according to schedule-ii in case the deceased .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jul-25-2006
Reported in : AIR2007HP52,2006(2)ShimLC394
..... bali ram sharma, smt. snehlata sharma and shri anil kumar sharma are entitled to receive and be paid, 47% in the re-determined compensation amount under section 28a, land acquisition act. subject to the aforesaid modification in the impugned decree, rfa no. 310 of 2003 is disposed of.39. mr. b.k. malhotra and mr. ajay ..... concedes the claim of respondents no. 3, 4 and 5 about their being entitled to 47% share in the re-determined compensation under section 28a of the land acquisition act. they accordingly submitted that the plaintiff-appellant gives up his claim totally and absolutely qua the aforesaid 47% share in the re-determined compensation ..... they are entitled to receive their 47% share from out of re-determined compensation amount. it is claimed that their interest is protected under section 41 of the transfer of property act, they being transferees for valuable consideration.13. 1defendant ajay singh (deceased appellant in rfa no. 271 of 2003) filed his separate written statement .....
Tag this Judgment!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 .....
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