Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 preamble 1 judges inquiry act 1968 Sorted by: old Court: himachal pradesh Page 19 of about 480 results (0.125 seconds)

Ram Krishan Vs. Rulda and ors.

Court : Himachal Pradesh

..... respondent no. 1 and holding the objections filed by ram krishan as not maintinable and thereby setting aside the order passed on 24th december, 1987 by senior sub judge, una, who had allowed the objections and dismissed the execution petition. 2. it would be pertinent to give some background of the litigation. on 16th august, 1973 ..... was not necessary for the petitioner to have first surrendered the possession and then sought adjudication of his rights. it would amount to putting premium on the illegal acts of the decree-holder, who obtained the decree knowing fully well that the petitioner was in occupation of the property. further, it has been contended that the ..... decide such questions.'rule 101 of order xxi, as now exists, in the code was substituted for the former rule 101 by the code of civil procedure amendment act, 1976. the provisions of the amended rule 101 are comprehensive and mandatory. it makes it clear that no separate suit can be filed for determining questions relating to .....

Brig. J.S. Sivia Vs. Union of India (Uoi) and ors.

Court : Himachal Pradesh

Reported in : (1994)ILLJ906HP

..... is considered in its totality on the overall performance.13. considering the tone and tenor of the letter, we are in respectful agreement with the learned judges of the jammu and kashmir high court as held by their lordships in the case of maj. gen. p.c. puri v. union of india and ..... he will take substantive seniority after officers who were approved; for promotion in the preceding batch.' 7. these instructions clearly indicate that confirmation/promotion from the acting rank tothe corresponding substantive rank was automatic in the order of seniority in the particularselection grading made by the selection board at the time of making selection for ..... for substantive rank of brigadier but while it is operative, it is taken cognizance of as part of overall record of service in assessing his performance as acting brigadier.4. on merits, the respondents have justified 'severe displeasure (recordable)' which was awarded to the petitioner after convening court of enquiry in accordance with .....

Kaushalya Devi and ors. Vs. Dr. Lakhbir Sood and ors.

Court : Himachal Pradesh

Reported in : 1994ACJ12

..... , we think that a sum of rs. 30,000/- would be the just amount of compensation instead of rs. 5,000/- awarded by the learned single judge.30. learned single judge did not consider the question of enhancement of compensation under the head pleasures of life, which the claims tribunal had restricted only for a period of three years. ..... was neither proved in accordance with law, nor tendered in evidence. this submission deserves outright rejection. no objection was taken by the counsel for the parties when learned single judge took note of the copy of insurance policy, which had been filed on the record of the claims tribunal on 11th october, 1974. on behalf of the claimant ..... . since section 95 of the act did not require that policy of insurance should cover risk to the passengers, who are not carried for hire or reward, the learned single judge was right in holding that the insurance company in the instant case was not liable to indemnify the claim. in view of the judgment in pushpabai's case .....

Oriental Insurance Co. Ltd. Vs. Milkhi Ram and ors., Etc.

Court : Himachal Pradesh

Reported in : 1994ACJ380

..... of rs. 15,000/- for each individual passenger.consequently, while partly allowing the appeals, we modify the award of the claims tribunal as upheld by the learned single judge of this court by holding that the claimants shall be entitled to recover the amount of compensation from the owner, driver and the insurance company, subject to the ..... air 1967 punj & har 486) (fb) (supra) was relied in a later judgment of the same high court in oriental fire & general insurance co. v. kasturi lal, 1968 acc cj 227. following the view held by full bench of punjab and haryana high court relied on in kasturi lal's case (supra) and that of madhya pradesh high ..... of the following observations made by the supreme court in new asiatic insurance co. ltd. v. pessumal dhanamal aswani, air 1964 sc 1736 (para 21) : 'the act contemplates the possibility of the policy of insurance undertaking liability to third parties providing such a contract between the insurer and the insured, that is, the person who effected the .....

Sukhvinder Singh Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : 1994CriLJ2423

..... guilty to the charge and only stated in his statement under section 313 of the code of criminal procedure that he was innocent.7. the learned additional sessions judge, believed the prosecution witnesses and held the accused guilty for the commission of the offence punishable under section 307 of the indian penal code and sentenced him ..... the victim of the assault should be sufficient under ordinary circumstances to cause the death of the person assaulted. what the court has to see is whether the act, irrespective of its result, was done with the intention or knowledge and under circumstances mentioned in this section. an attempt in order to be criminal need not ..... there is present an intent coupled with some overt act in execution thereof.'24. the evidence and the circumstances of the case discussed above do not leave the least doubt that the accused intended to commit the murder of his brother pw-2. the learned additional sessions judge has discussed the evidence and has given reasons for .....

Krishna Kapoor and ors. Vs. Himachal Road Transport Corporation

Court : Himachal Pradesh

Reported in : 1994ACJ1183

..... passengers travelling in the bus suffered injuries and 18 out of them lost their lives. the driver and the conductor also died in the accident.17. the learned judges while dealing with the case of negligence made the following observations contained in para 21 of the judgment.applying the ratio of these judgments to the facts and ..... child was not earning anything. no solid argument could be advanced on behalf of the corporation for the reduction of the aforesaid amount. we think the tribunal has acted in a reasonable manner in assessing the compensation at rs. 10,000/- for the loss of life of the minor child of the claimant. we do not find ..... for adopting a particular multiplier in particular circumstances existing in a case.point no. 346. section 171 of the motor vehicles act, 1988, provides that where any claims tribunal allows the claim for compensation under this act, such tribunal may direct that, in addition to the amount of compensation, simple interest shall also be paid at such rate .....

Devo Vs. the State

Court : Himachal Pradesh

Reported in : 1994CriLJ2971

..... of understanding possessed by the lady when the prosecutrix was asked a question regarding her mother and she kept mum for a while and thereafter the learned judge made the observations regarding her understanding. these observations in a way only reflected that the prosecutrix was a disabled young girl and her sense of understanding ..... has been submitted on behalf of the appellant that there are certain circumstances which, if taken into consideration do no rule out the possibility of the sexual act having been committed with the free consent of the prosecutrix. in this behalf, the learned counsel has contended that the crossexamination conducted on the prosecutrix clearly ..... exclusive possession of her senses and reason and is capable of exercising of her own volition. this term 'against will 'consent' would ordinarily refer to the same act of mind. both these factors are the functions of volition, but as the term 'consent' is susceptible of some variation in construction, and may include a .....

Krishan Lal Vs. State of H.P. and anr.

Court : Himachal Pradesh

Reported in : 1994CriLJ2539

..... property by any police officer is reported to a magistrate under the provisions of this code, and such property is not produced before a criminal court during an inquiry or trial, the magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled ..... was executed at sundernagar and in consequence of this agreement, the transaction was to follow at sundernagar and this agreement was partly performed at sundernagar and accordingly senior sub-judge, bilaspur under order 7, rule 10, cr. p. c. ordered the return of the plaint to be presented in the court having competent jurisdiction. the said ..... the view taken is that the motor vehicle should be released in favour of the person in whose name it is registered under the provisions of motor vehicles act, the basic factor taken into account was one of the ownership of the vehicle. it appears clear that preponderance of judicial opinion leans in favour of finding out .....

Gian Singh and ors. Vs. State of H.P. and ors.

Court : Himachal Pradesh

Reported in : AIR1996HP38

..... that part of the record which relates to other persons. disputes arising between the making, revision or preparation of any record or in the course of any inquiry under chapter iv of the act as to any matter or which any entry is to be made in record or in register of mutations are to be decided in the manner laid under ..... , in order to judge the authenticity of the abovesaid version put forth by the petitioners, as also in order to appreciate the rival contention of the parties in view of the claim and counter ..... whom allegations are made come forward to place before the court either the denials or their version of the matter so that the courts might be in a position to judge whether the onus that lay upon those who make such wild allegations on the part of the authorities, has been discharged in proving it. it is in these circumstances that .....

Raj Mohammad and anr. and Gulzar Ali Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : 1995CriLJ810

..... a terrorist. he has fled to hereafter committing thousands of murders and is hiding himself from police and unnecessarily torturing and harassing the people in this village and its proper inquiry be got conducted. he be shunted out from the village or be punished.3. that sododin son of sodokhan and jai pal singh son of jagmohan singh have their ..... .w. 2) may be there, but it is no ground to set aside the statement which is otherwise truthful. recoveries suffer no fault and the finding of the trial judge is, therefore, upheld.20. let the question whether raj mohammad and niaz ali had absconded from their units before the occurrence and then after the occurrence be now examined. ..... of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.12. further, in air 1983 sc 61: (1983 cri lj 155), prem thakur v. state of punjab, chief justice y.v. .....