Court : Himachal Pradesh
Decided on : Mar-16-1961
Reported in : AIR1962HP16
..... delay matters so much that the periods of limitation already prescribed in the limitation act are not long enough for the government or its agents, then the better course is to obtain amendment of the law through the legislature rather than to make an application to the court ..... provided by law is 'none too great' for the government there may be a case for the amendment of the law but so long as the law is not amended an appeal etc., has to be fifed within the prescribed period of limitation and an extension of ..... 's court reported in secretary of state v. gurmukhdas, air 1929 sind 211. the following observations were made in that ruling:-'the act makes no distinction between government and a private individual but it is obvious that in considering an application under section 5 a distinction must ..... orderc.b. capoor, j.c.1. this is an application under section 5 of the indian limitation act for condonation of delay in the preferment of miscellaneous first appeal no. 14 of 1960. applications .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Apr-27-1961
Reported in : AIR1962HP10
..... (3) whether a revenue court is also a civil court within the meaning of the word 'court' as used in sections 14 and 31 of the indian arbitration act, 1940?7. question no. 1: it has already been noticed that the learned additional subordinate judge was of the opinion that the respondents were estopped from ..... deciding that prior to the coming into force of the arbitration act such disputes could be referred to arbitration it would not necessarily follow that under the arbitration act also such disputes can be referred to arbitration. the aforesaid act not only consolidates but also amends the law relating to arbitration and in its wisdom the ..... legislature may well have amended the previous law relating to references to arbitration of matters within .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : May-27-1961
Reported in : AIR1962HP24
..... or designated in the agreement, requiring that the difference be submitted to the person so named or designated.' sub-section (1) merely applies the provisions of the indian limitation act to arbitrations. sub-section (2) provides that if there is any term in an agreement for reference to arbitration that no cause of action shall accrue in respect ..... be read into the first column as if those words actually occurred therein, we are not of opinion, as at present advised, that the subsequent amendment of articles 158 and 178 must necessarily and automatically have the effect of altering the long acquired meaning of article 181 on the sole and simple ground that after ..... were, added the word's 'under the code' in the first column of that article. if those words had actually been used in that column then a subsequent amendment of articles 158 and 178 certainly would not have affected the meaning of that article. if, however, as a result of judicial construction, those words have come to .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Dec-19-1961
Reported in : AIR1962HP35
..... proceedings during or on the expiry of the period of their probation if they fail to maintain an exemplary standard of conduct and efficiency and even thoughthe aforesaid amended rule may not be applicable to himachal pradesh it may reasonably be interred that the intention of the rule-making body even previously was that sub-inspectors promoted ..... majority of the learned judges constituting the bench severed the legal from the illegal part of an order made by a state transport authority under the motor vehicles act and quashed the illegal part in the instant case severance of the portion of the order which is bad in law can be brought about without destroying the ..... in such a vacancy he is liable to be reverted when the deputation of the holder of the selection grade in a substantive capacity ceases. it is, therefore, act correct to say that whenever an appointment is made to the selection grade of sub-inspectors it is invariably in a substantive capacity. the contention advanced on behalf .....
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