Array ( [0] => ..... by reference to the chief electrical inspector. in the event of any difference or dispute arising that cannot be determined as aforesaid the provisions of the indian arbitration act, as amended from time to time, shall apply.” 4. condition no. 29 which was dealt with by the apex court has been quoted in para 13 and ..... court shall not be justified in entertaining this suit and giving the declaration without directing the party to avail of the remedy provided under the indian electricity act and the indian electricity (supply) act and the instructions issued by the board in that behalf from time to time as stated above. 11. shri goyal has contended that the authorities ..... inspector. in the event the aforesaid two disputes or differences cannot be determined in the manner indicated in the main part of condition 29, the provisions of the indian arbitration act shall apply qua that difference or dispute. xxx… xxx… xxxx…. xxxx… 17. it is because of the above that shri sibal contends that as the ..... [1] => ..... 255, wherein it has been held as follows: “58. as a matter of fact, these words assumed great significance under section 60 of transfer of property act. the section was amended by act 20 of 1929. the word “due” in the section has been substituted for the word “payable” in order to make it clear that a mortgagor cannot redeem ..... in which the maxim was explained to mean ‘that a mortgage cannot be made irredeemable and a provision to that effect is void’. the maxim has been supplemented in the indian context by the words ‘and therefore always redeemable’, added by justice sarkar of the supreme court in the case of seth ganga dhar v. shankarlal, (1959 scr 509 ..... which have not fixed any time for repayment of mortgage money is 30 years as prescribed under article 61 to the schedule to the limitation act, 1963 ( 60 years under article 148 as per indian limitation act, 1908). 36. the case be posted before the appropriate bench for disposal in terms of the answer to the reference, as above. ..... [2] => ..... scc 255, wherein it has been held as follows: “58. as a matter of fact, these words assumed great significance under section 60 of transfer of property act. the section was amended by act 20 of 1929. the word “due” in the section has been substituted for the word “payable” in order to make it clear that a mortgagor cannot redeem ..... in which the maxim was explained to mean ‘that a mortgage cannot be made irredeemable and a provision to that effect is void’. the maxim has been supplemented in the indian context by the words ‘and therefore always redeemable’, added by justice sarkar of the supreme court in the case of seth ganga dhar v. shankarlal, 1959 scr 509 ..... which have not fixed any time for repayment of mortgage money is 30 years as prescribed under article 61 to the schedule to the limitation act, 1963 (60 years under article 148 as per indian limitation act, 1908). 36. the case be posted before the appropriate bench for disposal in terms of the answer to the reference, as above. ..... [3] => ..... further alleged that a succession certificate in this regard has been granted by the learned senior sub judge, shimla, exercising the powers of district judge under the indian succession act. it was further alleged that the plaintiff and proforma defendant no. 2 were owners in possession of the suit land. the suit land previously belonged to ..... possession over the suit land, the suit for permanent injunction was dismissed accordingly. 6. during the course of appeal filed by the appellant, an application for amendment of the plaint was also filed, which was allowed by the court allowing the relief of possession in the alternative. 7. on appeal, the learned appellate ..... was holding property as a manager/agent of the plaintiff and his predecessor? 3. whether the lower appellate court has wrongly permitted the plaintiff-respondent to amend the plaint during the pendency of the appeal by changing the entire complexion of the suit land and to incorporate the suit which has divested the defendant ..... [4] => ..... 2007 against him, which read as under:registeredno. 15706.h.p. forest department.dated hamirpur the, 1-3-07.notice: under section 52 of indian forest act, 1927 (read with himachal pradesh second amendment) act, 1991.from:authorised officer-cumdivisional forest officer,hamirpur, h.p.to:shri kashmir singh s/o shri sarwan singh,r/o dhamani po ropri tehsil ..... and the rules framed there under as such the forest produce seized along with jeep is liable to be confiscated under section 52-a of indian forest act 1927 (himachal pradesh second amendment) act, 1991.now before passing such order, an opportunity is given to you to show cause why jeep no. hp-21/9300 involved in this case ..... or the person from whom it was seized as may be specified in such order.6. a bare reading of the above amended provision insofar as confiscation of a vehicle under section 52(a) of the indian forest act, makes it clear that the prosecution is required to satisfy two conditions; (i) there must be notice in writing given ..... [5] => ..... execution of the agreement ex.p-1 rameshwar dass had received rs. 5,000/- earnest money.18. the sub-section 3 of section 32 of indian evidence act, 1872 (for short 'act') provides that statements written or verbal of relevant facts made by a person who is dead are themselves relevant facts when the statement is against the ..... finding by the respondent shall still be available to be adjudicated upon on merits which remedy was not available to the respondent under the unamended cpc. in pre-amendment era, the withdrawal or dismissal for default of the original appeal disabled the respondent to question the correctness or otherwise of any finding recorded against the respondent. ..... cross-objection laying challenge to any finding adverse to him as the decree is entirely in his favour and he may support the decree without cross-objection, the amendment made in the text of sub-rule (1), read with the explanation newly inserted, gives him a right to take cross-objection to a finding recorded against ..... [6] => ..... no separate affidavit as required under order vi, rule 15(4), a separate affidavit in support of the pleadings, as required by the amendment introduced with effect from 1st july, 2002 by the amendment act no. 46 of 1999. that certainly is a curable defect, in view of well settled position referred to above.31. the learned single ..... judgment, the same does not require any further verification, even if the same is an annexure to the election petition, in view of section 77 of the indian evidence act, 1872, which reads as follows:77. proof of documents by production of certified copies.--such certified copies may be produced in proof of the contents of the ..... offence involving moral turpitude and since the period of six years had not elapsed and the disqualification under section 122(1)(b) of the act was attracted. the conviction was under sections 332 and 353, ipc. the petitioner has suffered the sentence of rs. 1000/- and rs. 500/- respectively.12. the election petition dated 16th january, 2006 ..... [7] => ..... may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized on or after the commencement of the marriage laws (amendment) act, 1976 (69 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to ..... not in agreement with the view taken by the high court of karnataka for the simple reason that original petition, in an appeal filed before this court, can be amended, entertained and a decree for divorce can be passed, particularly, when the marriage between the parties already stood dissolved. the division bench of high court of punjab ..... between the parties already stood dissolved by a decree of divorce, prayer for dissolving the marriage by a decree under the provisions of section 13-b of the act can be accepted by the court and the original decree modified to dissolve the marriage by mutual consent. in these circumstances the requirement of moving motions twice, is ..... [8] => ..... the apex court has held that the insurance company is not liable in respect of death of gratuitous or unauthorized passengers. in fact, till the amendment of section 147 of the act was carried out by the amendment act 54 of 1994 w.e.f. 14.11.1994, the apex court had held that even the risk to the owner of the goods or ..... of or bodily injury to any person or damage to any property of a third party caused by or arising out of the use of the vehicle. this section was amended vide act 54 of 1994 w.e.f. 14.11.1994. injury to the owner of the goods or his authorized representative carried in a goods vehicle was covered under the ..... . if all these authorities of the apex court were taken into consideration, it is obvious that gratuitous passengers, unauthorized passengers, even employees not covered under the workmen's compensation act and pillion riders who were all travelling in a vehicle have not been considered to be third parties. it is, therefore, obvious that the apex court has not upheld the ..... [9] => ..... all the respondents were challaned. concerned judicial magistrate committed the case to the sessions court. sessions court charged the respondents with the offences under sections 498-a and 306 indian penal code and put them on trial, when they pleaded not guilty.9. eighteen witnesses were examined by the prosecution to bring the charge home to the respondents. ..... and karam chand brothers of the husband and bohri devi mother-in-law of deceased urmila devi, who were tried for offences under sections 498-a and 306 indian penal code, have been acquitted.2. case of the prosecution may be summed up thus. deceased urmila devi daughter of pw1 kirpa ram was married to harbans lal ..... devi had been left at the house of pw6 sant ram, a real brother of respondent bohri devi, by dialu ram bohri devi's husband. this witness had acted as a go-between for the settlement of the matrimonial alliance between respondent harbans lal and the deceased. dialu ram told him that deceased was ill-treated by respondents ..... ) Indian Boilers Amendment Act 2007 Section 10 Amendment of Section 9 - Sortby Recent - Court Himachal Pradesh - Page 2 - Judgments | SooperKanoon Skip to content


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Sep 29 2011 (HC)

Hpseb and Another Vs. M/S. Jawalaji Alloys Steel Pvt. Ltd. and Another

Court : Himachal Pradesh

Reported in : 2012AIR(HP)70

..... by reference to the chief electrical inspector. in the event of any difference or dispute arising that cannot be determined as aforesaid the provisions of the indian arbitration act, as amended from time to time, shall apply. 4. condition no. 29 which was dealt with by the apex court has been quoted in para 13 and ..... court shall not be justified in entertaining this suit and giving the declaration without directing the party to avail of the remedy provided under the indian electricity act and the indian electricity (supply) act and the instructions issued by the board in that behalf from time to time as stated above. 11. shri goyal has contended that the authorities ..... inspector. in the event the aforesaid two disputes or differences cannot be determined in the manner indicated in the main part of condition 29, the provisions of the indian arbitration act shall apply qua that difference or dispute. xxx xxx xxxx. xxxx 17. it is because of the above that shri sibal contends that as the .....

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Aug 30 2011 (HC)

Bhandaru Ram (Deceased) Through His Lr Rattan Lal Vs. Sukh Ram and Oth ...

Court : Himachal Pradesh

..... 255, wherein it has been held as follows: 58. as a matter of fact, these words assumed great significance under section 60 of transfer of property act. the section was amended by act 20 of 1929. the word due in the section has been substituted for the word payable in order to make it clear that a mortgagor cannot redeem ..... in which the maxim was explained to mean that a mortgage cannot be made irredeemable and a provision to that effect is void. the maxim has been supplemented in the indian context by the words and therefore always redeemable, added by justice sarkar of the supreme court in the case of seth ganga dhar v. shankarlal, (1959 scr 509 ..... which have not fixed any time for repayment of mortgage money is 30 years as prescribed under article 61 to the schedule to the limitation act, 1963 ( 60 years under article 148 as per indian limitation act, 1908). 36. the case be posted before the appropriate bench for disposal in terms of the answer to the reference, as above. .....

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Aug 30 2011 (HC)

Bhandaru Ram (Deceased) Through His Lr, Rattan Lal Vs. Sukh Ram and Ot ...

Court : Himachal Pradesh

..... scc 255, wherein it has been held as follows: 58. as a matter of fact, these words assumed great significance under section 60 of transfer of property act. the section was amended by act 20 of 1929. the word due in the section has been substituted for the word payable in order to make it clear that a mortgagor cannot redeem ..... in which the maxim was explained to mean that a mortgage cannot be made irredeemable and a provision to that effect is void. the maxim has been supplemented in the indian context by the words and therefore always redeemable, added by justice sarkar of the supreme court in the case of seth ganga dhar v. shankarlal, 1959 scr 509 ..... which have not fixed any time for repayment of mortgage money is 30 years as prescribed under article 61 to the schedule to the limitation act, 1963 (60 years under article 148 as per indian limitation act, 1908). 36. the case be posted before the appropriate bench for disposal in terms of the answer to the reference, as above. .....

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Apr 27 2011 (HC)

Jaswant Singh Negi Vs. Rajinder Kumar and anr.

Court : Himachal Pradesh

..... further alleged that a succession certificate in this regard has been granted by the learned senior sub judge, shimla, exercising the powers of district judge under the indian succession act. it was further alleged that the plaintiff and proforma defendant no. 2 were owners in possession of the suit land. the suit land previously belonged to ..... possession over the suit land, the suit for permanent injunction was dismissed accordingly. 6. during the course of appeal filed by the appellant, an application for amendment of the plaint was also filed, which was allowed by the court allowing the relief of possession in the alternative. 7. on appeal, the learned appellate ..... was holding property as a manager/agent of the plaintiff and his predecessor? 3. whether the lower appellate court has wrongly permitted the plaintiff-respondent to amend the plaint during the pendency of the appeal by changing the entire complexion of the suit land and to incorporate the suit which has divested the defendant .....

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May 03 2010 (HC)

Kashmir Singh Vs. State of H.P.

Court : Himachal Pradesh

..... 2007 against him, which read as under:registeredno. 15706.h.p. forest department.dated hamirpur the, 1-3-07.notice: under section 52 of indian forest act, 1927 (read with himachal pradesh second amendment) act, 1991.from:authorised officer-cumdivisional forest officer,hamirpur, h.p.to:shri kashmir singh s/o shri sarwan singh,r/o dhamani po ropri tehsil ..... and the rules framed there under as such the forest produce seized along with jeep is liable to be confiscated under section 52-a of indian forest act 1927 (himachal pradesh second amendment) act, 1991.now before passing such order, an opportunity is given to you to show cause why jeep no. hp-21/9300 involved in this case ..... or the person from whom it was seized as may be specified in such order.6. a bare reading of the above amended provision insofar as confiscation of a vehicle under section 52(a) of the indian forest act, makes it clear that the prosecution is required to satisfy two conditions; (i) there must be notice in writing given .....

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May 03 2010 (HC)

Randhir Sharma Vs. Uma Devi and ors.

Court : Himachal Pradesh

..... execution of the agreement ex.p-1 rameshwar dass had received rs. 5,000/- earnest money.18. the sub-section 3 of section 32 of indian evidence act, 1872 (for short 'act') provides that statements written or verbal of relevant facts made by a person who is dead are themselves relevant facts when the statement is against the ..... finding by the respondent shall still be available to be adjudicated upon on merits which remedy was not available to the respondent under the unamended cpc. in pre-amendment era, the withdrawal or dismissal for default of the original appeal disabled the respondent to question the correctness or otherwise of any finding recorded against the respondent. ..... cross-objection laying challenge to any finding adverse to him as the decree is entirely in his favour and he may support the decree without cross-objection, the amendment made in the text of sub-rule (1), read with the explanation newly inserted, gives him a right to take cross-objection to a finding recorded against .....

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Apr 07 2010 (HC)

Devinder Singh Vs. Deputy Commissioner and ors.

Court : Himachal Pradesh

Reported in : AIR2010HP33

..... no separate affidavit as required under order vi, rule 15(4), a separate affidavit in support of the pleadings, as required by the amendment introduced with effect from 1st july, 2002 by the amendment act no. 46 of 1999. that certainly is a curable defect, in view of well settled position referred to above.31. the learned single ..... judgment, the same does not require any further verification, even if the same is an annexure to the election petition, in view of section 77 of the indian evidence act, 1872, which reads as follows:77. proof of documents by production of certified copies.--such certified copies may be produced in proof of the contents of the ..... offence involving moral turpitude and since the period of six years had not elapsed and the disqualification under section 122(1)(b) of the act was attracted. the conviction was under sections 332 and 353, ipc. the petitioner has suffered the sentence of rs. 1000/- and rs. 500/- respectively.12. the election petition dated 16th january, 2006 .....

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Jan 08 2010 (HC)

Kummo Devi Vs. Jai Pal

Court : Himachal Pradesh

Reported in : AIR2010HP39

..... may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized on or after the commencement of the marriage laws (amendment) act, 1976 (69 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to ..... not in agreement with the view taken by the high court of karnataka for the simple reason that original petition, in an appeal filed before this court, can be amended, entertained and a decree for divorce can be passed, particularly, when the marriage between the parties already stood dissolved. the division bench of high court of punjab ..... between the parties already stood dissolved by a decree of divorce, prayer for dissolving the marriage by a decree under the provisions of section 13-b of the act can be accepted by the court and the original decree modified to dissolve the marriage by mutual consent. in these circumstances the requirement of moving motions twice, is .....

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Jan 06 2010 (HC)

Sh. Jagdish Chand Sharma Vs. Sh. Bachan Singh and ors.

Court : Himachal Pradesh

..... the apex court has held that the insurance company is not liable in respect of death of gratuitous or unauthorized passengers. in fact, till the amendment of section 147 of the act was carried out by the amendment act 54 of 1994 w.e.f. 14.11.1994, the apex court had held that even the risk to the owner of the goods or ..... of or bodily injury to any person or damage to any property of a third party caused by or arising out of the use of the vehicle. this section was amended vide act 54 of 1994 w.e.f. 14.11.1994. injury to the owner of the goods or his authorized representative carried in a goods vehicle was covered under the ..... . if all these authorities of the apex court were taken into consideration, it is obvious that gratuitous passengers, unauthorized passengers, even employees not covered under the workmen's compensation act and pillion riders who were all travelling in a vehicle have not been considered to be third parties. it is, therefore, obvious that the apex court has not upheld the .....

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Dec 31 2009 (HC)

State of H.P. Vs. Harbans Lal and ors.

Court : Himachal Pradesh

..... all the respondents were challaned. concerned judicial magistrate committed the case to the sessions court. sessions court charged the respondents with the offences under sections 498-a and 306 indian penal code and put them on trial, when they pleaded not guilty.9. eighteen witnesses were examined by the prosecution to bring the charge home to the respondents. ..... and karam chand brothers of the husband and bohri devi mother-in-law of deceased urmila devi, who were tried for offences under sections 498-a and 306 indian penal code, have been acquitted.2. case of the prosecution may be summed up thus. deceased urmila devi daughter of pw1 kirpa ram was married to harbans lal ..... devi had been left at the house of pw6 sant ram, a real brother of respondent bohri devi, by dialu ram bohri devi's husband. this witness had acted as a go-between for the settlement of the matrimonial alliance between respondent harbans lal and the deceased. dialu ram told him that deceased was ill-treated by respondents .....

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