Court : Himachal Pradesh
Reported in : I(1991)DMC490
..... answered after all the facts have been taken into account. it will not be a correct approach, as was done in this case by the learned district judge, to put the various acts or conduct alleged into a series of separate compartments and say of each of them that by themselves they cannot pass the test of cruelty and, therefore, ..... danger'. in dr. n.g. dastane v. mrs. s. dastane, air 1975 sc 1534, the supreme court critically examined the matrimonial ground of cruelty and observed that the inquiry in any case had to be whether the conduct charged as cruelty is of such a character as to cause in the mind of the petitioner a reasonable apprehension that ..... the part of wife.12. after going through the evidence on record, we have no ground to differ with the reasoning recorded by the learned single judge incoming to the conclusion that the acts and instances complained of as also the conduct of the wife taken together are sufficient to warrant a conclusion that the wife has treated the husband .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1992ACJ40
..... was responsible and also whether the motor accidents claims tribunal had jurisdiction to entertain such claims. the questions were answered in the affirmative by the learned single judge of the rajasthan high court when he said in para 8 of this judgment that:(8) ...the expression used in section 110-a is 'arising out ..... compensation. the tribunal rejected the contention raised by the insurance company and awarded the compensation. in appeal, the same objection was taken unsuccessfully and the two judges bench of karnataka high court observed that:we will first take up the appeal of the insurance company. the contention that the claim could not have been ..... could not be said that the accident occurred out of the use of the motor vehicle. answering this question, the learned judges of karnataka high court said that section 110 (1) of the motor vehicles act states that a state government may, by notification in the official gazette, constitute one or more motor accidents claims tribunals, .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1992HP11
..... had also denied the right of defendant no. 1 to resume land. the land reforms officer on the same day, that is july 6, 1977 without further inquiry and without taking any evidence and without adjudicating the dispute which had arisen before him passed an order accepting the application of defendants. it was recorded in the order ..... of the civil court. where there is no express exclusion the examination of the remedies and the scheme of the particular act to find out the intend-ment becomes necessary and the result of the inquiry may be decisive. in the latter case it is necessary to see if the statute creates a special right or a ..... second appeal has arisen out of the judgment and decree passed on july 30, 1982, by additional district judge, solan and sirmaur districts at solan, dismissing the appeal of defendants-appellants and thereby confirming the judgment and decree of sub-judge 1st class, nalagarh, dated january 9, 1980, decreeing the suit of the plaintiff-respondent.2. the plaintiff .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1992HP8
..... . presumption of truth is attached to the entries made in the revenue records. when the plaintiff was shown to be recorded as a tenant on the property in the year 1968-69 and also in the year 1973-74, the courts below rightly came to the conclusion, on the material available onrecord, that the plaintiff was in possession of the property ..... record is always subject to decision by a civil court, as provided in section 46 of the himachal pradesh land revenue act. in this case parties led evidence independently. ex. p-3 is the copy of jamabandi for the year 1968-69 in which the plaintiff is shown to be in cultivating possession of the property as a tenant. this entry was ..... and una districts at una, dismissing his appeal and thereby confirming the judgment and decree passed on august 6, 1979, by senior sub-judge, una, by which suit of plaintiff-respondent was decreed for declaration with a consequential relief of injunction.2. plaintiff claimed a decree for declaration on the basis that he was .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1992HP34
..... is a cooperative society and by virtue of provisions of the himachal pradesh co-operative societies act, 1968, hereinafter referred to as the 'act' will be deemed to be a co-operative society registered under the provisions of the act. section 76 of the act provides that notice is necessary in case society has to be sued in a court of ..... manner therein prescribed stating the cause of action, the name, description and place of residence of plaintiff and the reliefs which he claims. section 76 of the act also provides that no suit shall be instituted against society until the expiration of two months after notice in writing has been delivered to the registrar or left at ..... , kullu and lahavi soiti districts at kullu dismissing its appeals and there by confirming the judgment and decree passed on may 31, 1980 by sub-judge 1st class, kullu decreeing the respective civil suits of plaintiff-respondents.2. plaintiff-respondent in each of the appeals filed a separate suit against defendant-appellant .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1991CriLJ3339
..... 420, 468 of the indian penal code and section 5(2) of the prevention of corruption act against all the accused. as such, charge be framed and the case be put up again in the afternoon for putting the charge. sd/-special judge, shimla.present : as before charge framed, put and explained to the accused. all the accused ..... cases contemplated by the proviso) and of the witnesses present, if any. the magistrate is empowered to postpone issuance of process to the accused person and get an inquiry made in accordance with section 202. section 203 (dismissal of complaint) provides that :'if, after considering the statement on oath (if any) of the complainant and of ..... the witnesses and the result of the inquiry or investigation (if any) under section 202, the magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1991ACJ825
..... and to enure it for the benefit of the tortfeasor is something which rightly shocks the judicial conscience. while the matter was dealt with by the learned single judge, the state government explained the policy behind the framing of the scheme. it was stated that it had been framed with a view to ameliorate the lot ..... that question in this case) that compensation under that provision has to be fixed on the same basis as is required to be done under fatal accidents act, 1855 (act 13 of 1855), the pecuniary loss to the aggrieved party would depend upon data which cannot be ascertained accurately but must necessarily be an estimate or even ..... the state government in the official gazette.3. the state government in pursuance to the aforementioned provisions contained in section 3-a of the passengers and goods taxation act, framed the scheme and notified it in the official gazette on november 18, 1977. initially, the scheme was known as himachal pradesh passengers insurance scheme but subsequently .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1992HP70,1992CriLJ2542
..... contracted to perform the service which was sought to be compelled and there was therefore no violation of the provisions of the thirteenth amendment, the learned judge observed: 'the fact that the debtor contracted to perform the labour which is sought to be compelled does not withdraw the attempted does not withdraw the ..... open prisons in andhra pradesh, assam, gujarat, maharashtra, mysore, rajasthan and uttar pradesh, we understand that state's open air jail at bilaspur, established in 1968, calls for fundamental improvements. when the position in this open air jail is not very statisfactory, we can very easily conclude that in other closed jails in ..... and simple imprisonment.6. according to the government, manual work by prisoners sentenced to labour is recognized part of jail administration and discipline as envisaged by prisons act, 1894 and the punjab jail manual, as applicable to himachal pradesh. to prescribe minimum wages for such labour of the prisoners inside the prison -- the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1992HP37
..... of one room in a building taken on rent for residential purpose, as the godown, does not come under section 13(2)(ii)(b) of the act.'23. the same view was taken by the learned judge in another later decision by him reported in air 1982 punj and har 224 (dharam chand v. mathura dass), where a small portion of the ..... expressing its intention what that intention was, and to giving effect to it. where the meaning of the statutory words is plain and unambiguous it is not for the judges to invent fancied ambiguities as an excuse for failing to give effect to its plain meaning because they themselves consider that the consequences of doing so would be inexpedient, or ..... the ejectment was rightly refused on this ground.'19. this decision was later disapproved by a division bench of the same court in (1968) 70 pun lr 973 (smt. naranjan kaur v. dr. siri ram) where the learned judges were of the opinion that in order to maintain a building as 'non-residential building', it was necessary that: (a) it is .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1992CriLJ979
..... sadhu ram brought the injured to the verandah of his house where she breathed her last.4. the prosecution story as narranted above has been accepted by both the learned judges who, as stated above, have only disagreed on the solitary point whether commission of an offence under section 302 indian penal code or under section 304, part-ii indian penal ..... to be likely to cause the death of the person to whom the harm is caused culpable homicide amounts to murder. further, section 300 (thirdly) stipulates that if the act by which the death is caused is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ..... ordinary course of nature to cause the death, the offence would also amount to murder under section 302, tpc. on the other hand, if the act by which the death is caused is done with the knowledge that it is likely to cause death but without any intention to cause death or to cause such bodily .....
Tag this Judgment!