Court : Uttaranchal
Reported in : AIR2008Utr19
..... the hon'ble apex court has held as under.:there is no difference between the common law of england and the law with regard to pledge as codified in sections 172 to 176 of the contract act. under section 172 a pledge is a bailment of the goods as security for payment of a debt or performance of a promise ..... of goods into pledge of goods and had taken over the possession of defendants unit, put its lock and sealed it in presence of witnesses. hence the provisions of sections 172 to 176 of the indian contract act will come into play in order to adjudicate the controversy between the parties and it will be relevant to quote the provisions of ..... sections 172 to 176 of the indian contract act, 1872, which run as below:172. 'pledge', 'pawnor' and 'pawnee' defined -- the bailment of goods as security for payment of a debt or performance of a promise is called 'pledge .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2009ACJ1966
..... is to say, it should be neither arbitrary, fanciful nor unjustifiable from the evidence. this would be clear by reference to the relevant provisions of the m.v. act. section 166 provides that an application for compensation arising out of an accident involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, ..... court in sheikhupura trans. co. ltd. v. northern india transporters' ins. co. ltd. 1971 acj 206 (sc), has held as under:(6) under section 110-b of the motor vehicles act, 1939, the tribunal is required to fix such compensation which appears to it to be just. the power given to the tribunal in the matter of fixing ..... devolves on the death of the party so suing or sued. almost in similar terms is the definition of 'legal representative' under the arbitration and conciliation act, 1996, i.e., under section 2(1) (g).12. thus, i hold that the claimant is the legal representative of the deceased and is entitled to get compensation under motor vehicles .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2008CriLJ629
..... , for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both.section 113-b of indian evidence act, 1872 is also relevant to mention here which reads as under:[113-b. presumption as to dowry death- the question is whether a person has committed the ..... the evidence of murder without informing the brother of deceased capt. v.s. bisht and in this way he has also committed offence under section 201 of i.p.c.19. section 113-b of indian evidence act clearly states that when the question is whether a person has committed the dowry death of a woman and it is shown that soon ..... called 'dowry death', and such husband or relative shall be deemed to have caused her death.explanation - for the purpose of this sub-section, 'dowry' shall have the same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961).(2) whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2008)IIILLJ663UC
..... p. 480 of llj:3. the powers of the corporation are given in section 45-a of the act, introduced by act 44 of 1966 whereby the corporation may on the basis of the information available to it determine the amount of contributions payable and make necessary ..... is but the resultant product of the application of mind, and at the time of entertaining the petition, in the light of the provision adumbrated in the act.10. section 45-a(1)(as it stood relevant point of time), dealing with determination of contribution present where in respect of factory or establishment no returns, particular ..... illj479sc , in the aforesaid judgment it has been held that where there is omission on the part of the employer to maintain the records in accordance with section 44 of the act, determination of the amount of contributions compensation shall be on the strength of such information as it may collect it. relevant observations are quoted below at .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2008ACJ2251
..... learned tribunal has taken the age of the deceased as 40 years and has adopted the multiplier of 15, which is prescribed in second schedule appended to section 163-a of the motor vehicles act, 1988. the learned tribunal also deducted 1/3rd amount towards personal expenses of the deceased, therefore, the total dependency of the claimants was assessed as rs. 7 ..... have heard the learned counsel for the parties and perused the record.8. perusal of lower court record reveals mat oriental insurance co. ltd. has moved application under section 170 of the motor vehicles act, 1988, seeking permission to contest the claim petition on all the grounds available to the insured. the application is paper no. 25-c in the lower court ..... p.c. verma and b.c. kandpal, jj.1. since both these appeals under section 173 of the motor vehicles act, 1988, have been preferred against the judgment and award dated 7.4.2005 passed by the m.a.c.t./addl. district judge, udham singh nagar in m.a.c. .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2007)213CTR(Uttranchal)547; [2008]300ITR265(Uttaranchal)
..... raised by the assessee could not be said to have accrued as income to the assessee so as to fall within the ambit of charging provisions of section 5 of the income tax act. 2. we have heard sri arvind vashistha, learned standing counsel for the revenue and perused the record. affidavit of service has been filed on behalf ..... by the assessee, whereas income has been defined under section 2(24) of the income tax act and section 5 and section 9 deal with the income and accrued income and deemed income. section 4 is the charging section of the income tax act and definition as well as the incomes referred in section 5 and 9 are for the purpose of imposing the ..... income tax under section 143(3). section 44bb is a complete code in .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2008ACJ2516
..... claims tribunal, pauri garhwal vide award dated 2.6.2005 passed in motor accidents claim petition no. 12 of 2004.2. by filing a claim application under section 163-a of the motor vehicles act, 1988, the claimants, who are unfortunate widow and minor children of the deceased kheemanand, claimed compensation of rs. 7,35,000 for his death in motor ..... income of the deceased on the basis of the notional income. the notional income of rs. 15,000 per annum was prescribed in the second schedule under section 163-a of the motor vehicles act in the year 1994. if the increase in the cost of living between 1994 and 2004, the year of the accident, is taken into account, the ..... of interest at the rate of 7 per cent per annum would be appropriate in the case.16. for the foregoing reasons, appeal filed by the claimants under section 173 of the motor vehicles act for enhancement of the compensation is allowed in part.17. the compensation of rs. 1,95,400 awarded by the tribunal is enhanced to rs. 3,15 .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2008CriLJ2579
..... with law.29. we, however, notice that in ramdeo chauhan v. state of assam manu/sc/0297/2001 : 2001crilj2902 as regards applicability of the provision of section 35 of the evidence act, 1872 vis-a-vis a school register, it was stated:19. it is not disputed that the register of admission of students relied upon by the defence is ..... although was upon the election petitioner but for proving the facts which were within the special knowledge of the respondent, the burden was upon him in terms of section 106 of the evidence act. it is also trite that when both parties have adduced evidence, the question of the onus of proof becomes academic (see union of india v. sugauli ..... the other persons who died at his hand, but he was unable to do so. the question whether a presumption should be drawn under illustration (a) of section 114 of the evidence act is a matter which depends on the evidence and the circumstances of each case. thus the nature of the stolen article, the manner of its acquisition by .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2009ACJ1982
..... the tribunal at nainital has got the jurisdiction to entertain the claim petition and the claim petition can be filed at the option of the claimants under section 166 (2) of the act. the offending motor cycle bearing no. up 26-c 4292 was insured with new india assurance co. ltd. at the time of accident and ..... tribunal at nainital had no territorial jurisdiction to entertain and hear the claim petition filed by the claimants in view of the provisions of section 166 of motor vehicles act, 1988 (hereinafter referred as 'the act'). it was further contended that the accident took place in district pilibhit, u.p. and the claimants are residing at village sagalpur ..... district nainital. thus, the learned tribunal has erred in holding that it has got the jurisdiction to decide the claim petition.10. section 166 (2) of the act provides as under:every application under sub-section (1) shall be made, at the option of the claimant, either to the claims tribunal having jurisdiction over the area in which .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2009ACJ1793
..... of the vehicle concerned. therefore, the victim of an accident or his dependants have an option either to proceed under section 166 of the act or under section 163-a of the act. once they approach the tribunal under section 166 of the act, they have necessarily to take upon themselves the burden of establishing the negligence of the driver or owner of the ..... , as indicated in the second schedule, to the legal heirs or the victim, as the case may be, and in a claim made under sub-section (1) of section 163-a of the act, the claimant shall not be required to plead or establish that the death or permanent disablement in respect of which the claim has been made was due ..... out of the accident cannot be disputed having regard to the general principles of law as also having regard to the violation of the obligation imposed by section 84 of the act which provides that no person driving or in charge of a motor vehicle shall cause or allow the vehicle to remain stationary in any public place, unless .....
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