Court : Himachal Pradesh
Decided on : Aug-08-2006
Reported in : 2007(1)ShimLC163
..... , the orders which are appealable, every order passed by the rent controller shall be appealable in view of the provisions of clause (b) of sub-section (1) of section 24 of the act. whereas the chief justice has held that every order passed by the rent controller is appealable, surjit singh, j. is of the view that the ..... held that only the final orders are appealable and the interlocutory orders passed by the rent controller are not appealable.5. a plain reading of section 24(1)(a) of the act clearly shows that it is obligatory on the state government to appoint appellate authorities and to specify the areas in which such appellate authorities shall exercise ..... right of appeal of a party in a contentious proceeding is, therefore, to be found in the provisions of section 299 of the act itself and not in section 104 of the code of civil procedure.12. section 299 of the act states that all orders passed by the district judge are appealable. although ex facie, all orders are appealable ones, .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Aug-14-2006
Reported in : 2007(1)ShimLC149
..... is erroneous where the high court lays down that the heirs of the deceased tenant succeed as tenant in common. in our opinion, the notice under section 106 of the transfer of property act served by the appellant on the respondent is a valid notice and therefore, the suit must succeed.7. it would be pertinent to mention that the ..... is no division of the premises or of the rent payable thereof. applying the ratio of the said case to the present petition it is clear that the brothers acted on behalf of all the tenants and contested the petition on behalf of the entire body of the tenants. they represented the estate of the deceased. after having contested ..... .s. chauhan, appearing for the petitioners has cited a large number of judgments. all the judgments are only to the effect that under the h.p. urban rent control act on the death of a tenant occupying commercial premises, his tenancy is inherited by all his legal heirs. this legal position is not disputed. in the present case the petition .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Aug-22-2006
Reported in : 2007(1)ShimLC116
..... institutions, apart from the property belonging to the state government itself or the other institutions mentioned in clauses (ii) to (iv) of sub-section (e) of section 2 of the state act. brother surjit singh, j. in para 9 of his judgment has already elaborated upon the meaning to be given to the expression 'improvement ..... commissioner rejected the argument, advanced on behalf of the petitioner, that the term 'improvement trust', used in sub-clause (i) of clause (e) of section 2 of the act, was in the context of local-self government bodies like municipal corporation, municipal committee, notified area committee, panchayat samiti or panchayat.9. it is clear ..... indicating how the premises were assumed to be 'public premises', passed the impugned order. the petitioner filed an appeal to the divisional commissioner, under section 9 of the act. that has been dismissed vide order annexure p-10. the commissioner has observed that respondent no. 2, who initiated the proceedings for eviction of .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Aug-31-2006
Reported in : 2007(1)ShimLC46
..... shows the dishonest and mala fide intention of the landlord. any person who approaches the court must approach the court with clean hands. the requirement of section 15(2) of the act is that the landlord must file an affidavit that the petitioner or his/her spouse does not own and possess any other suitable accommodation in the local area ..... the evidence and that no case is made out for interfering in the well reasoned judgment of the rent controller. he further submits that in proceeding under section 15(2) of the act the bona fides have not at all to be taken into consideration and it is only the suitability which has to be seen. further, according to him ..... rent controller accepted the petition of the landlord and ordered the eviction of the petitioner-tenant and hence the present revision petition filed by the tenant under section 16(8) of the act which reads as follows:16(8) no appeal or second appeal shall lie against an order for the recovery of possession of any premises made by the .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Sep-04-2006
Reported in : 2006(3)ShimLC165
..... but there could be an agreement between the parties otherwise. that means that parties could agree that the proceedings should be governed by the present act. i have already referred to section 21 under which the arbitration proceedings shall be deemed to have commenced when a request was made for referring to arbitration. in the present case ..... in addition thereto ordered payment of interest and costs as detailed in the award.7. aggrieved against the said award the petitioner filed objections under section 34 of the arbitration and conciliation act, 1996 which objections were registered as omp(m) no. 8 of 2000 and were rejected on march 17, 2003 on the ground that they ..... the arbitral tribunal, then obviously the party acquiesces in the matter and forfeits its right to raise the challenge at a later stage.13. section 4 of the arbitration and conciliation act, 1996 reads as follows:waiver of right to object.-a party who knows that-(a) any provision of this part from which the parties may .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Sep-06-2006
Reported in : 2007ACJ923,2007(1)ShimLC30
..... company with a view to avoid its liability is not only obliged to show that the condition about the holding of a valid driving licence as per section 149 of 1988 act has not been satisfied, but further is required to establish that there has been a direct breach on the part of the insured. such a breach ..... singh and ors. reported in : air2004sc1531 , a three judge bench of the supreme court dealing extensively with various aspects relating to the applicability of various sections of the motor vehicles act, 1988 specifically dealt with the question of breach of policy condition relating to the holding of valid driving licence and the consequent right of the insurer to ..... 2003, the insurer put in motion the process for recovering the award amount from the petitioner and respondent no. 2 herein by filing an application under section 174 of the motor vehicles act, 1988. the amount in question is rs. 15,90,194/- which respondent no. 1 had paid to the claimants.7. to this application filed by .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Sep-12-2006
Reported in : AIR2007HP19,2006(2)ShimLC445
..... believed that she was totally unaware about any problem.12. the question that arises for consideration is whether withholding of aforesaid facts amount to fraud as envisaged in section 12 of the act. according to sh. bhupinder gupta, there is no evidence to show that the husband or his family members ever asked the wife or her family members ..... sh. bhupinder gupta is that there is nothing on record to show that the wife is impotent and therefore the marriage could not have been annulled under section 12(a) of the act. he further submits that even if it be presumed that the wife is suffering from certain physical defects, the said defects are curable and at best ..... not amount to impotence. impotency is incapacity for sexual intercourse or when coitus is either impossible or very painful.24. as the law stands today under section 12(1)(a) of the act a party seeking annulment of the marriage has to prove that the marriage has not been consummated owing to the impotence of the other party. the .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Sep-19-2006
Reported in : 2006(2)ShimLC453
..... , what the arbitrator has to do after the remission of the award is only to submit his decision in terms of the order of remission, under section 16(2) of the arbitration act of 1940 and the effect of such decision is only to render contingent award an absolute award, which in the event of decision being not submitted within ..... was filed in the court for being made the rule of the court. plaintiff preferred no objection against the award, while defendant filed an objection petition, under sections 30 and 33 of the arbitration act, 1940. it was alleged that, per clause 25 of the agreement, claims were required to be preferred within 90 days of the dispute being raised or ..... for making of a supplementary award or a revised award etc. it may be stated that this court remitted the award to the arbitrators, under section 16 of the arbitration act, 1940, which is reproduced for ready reference:16. power to remit award. - (1) the court may from time to time remit the award or any matter referred to .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Nov-06-2006
Reported in : 2007ACJ1099,2006(3)ShimLC2
..... owned by gulab devi, driven by satnam singh and insured with the appellant, new india assurance company. the petitioners filed a petition claiming compensation under section 163-a of the motor vehicles act. the learned tribunal rightly came to the conclusion that the notional income of the deceased, who was a non earning person being only 6 years ..... be taken more than 1/3rd. this argument may be attractive in cases arising under section 166 of the motor vehicles act. however, in cases under section 163-a the compensation has to be calculated and awarded strictly in terms of the act and neither one paise more nor one paise less can be awarded by the court. ..... the situation has now undergone a change with the enactment of the motor vehicles act, 1988, as amended by amendment act 54 of 1994. the most important change introduced by the amendment insofar as it relates to determination of compensation is the insertion of sections 163-a and 163-b in chapter xi entitled 'insurance of motor vehicles .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Nov-06-2006
Reported in : I(2007)ACC776
..... owned by gulab devi, driven by satnam singh and insured with the appellant, new india assurance company. the petitioners filed a petition claiming compensation under section 163a of the motor vehicles act. the learned tribunal rightly came to the conclusion that the notional income of the deceased, who was a non-earning person being only 6 years ..... be taken more than 1/3rd. this argument may be attractive in cases arising under section 166 of the motor vehicles act. however, in cases under section 163a the compensation has to be calculated and awarded strictly in terms of the act and neither one paise more nor one paise less can be awarded by the court. ..... situation has now undergone a change with the enactment of the motor vehicles act, 1988, as amended by amendment act 54 of 1994. the most important change introduced by the amendment insofar as it relates to determination of compensation is the insertion of section 163 a and 163b in chapter xi entitled 'insurance of motor vehicles against .....
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