Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 preamble 1 judges inquiry act 1968 Sorted by: old Court: himachal pradesh Page 22 of about 480 results (0.548 seconds)

Oriental Insurance Co. Ltd. Vs. Renu Acharya

Court : Himachal Pradesh

Reported in : II(1996)ACC72,1996ACJ746

..... present clause will apply. in other words, even in respect of gratuitous passenger, insurance company shall be liable.21. this question came up before a bench of five judges of the gauhati high court in new india assurance co. ltd. v. satyanath hazarika 1989 acj 685 (gauhati), in which the above instructions of the tariff advisory ..... appellant insurance company, namely, the oriental insurance co. ltd., has raised the point that the liability of the insurance company is limited under section 95 of the act and that the deceased was travelling as a passenger in the car and the liability is not covered by the insurance policy. according to the insurance company, its ..... pleas of the appellant insurance company were rejected by a speaking order. the tribunal, inter alia, held that the co-operative bank was vicariously liable for the act of the servant and the accident took place due to the negligence on the part of the driver. the delay was also condoned. after considering the insurance policy .....

National Insurance Co. Ltd. Vs. Roop Lal Gupta and ors.

Court : Himachal Pradesh

Reported in : 1997ACJ1180

..... which was false in some material particular.8. to this general rule, exception is contained in section 170 of motor vehicles act, 1988, which is also reproduced herein below:170. impleading insurer in certain cases.-where in the course of any inquiry, the claims tribunal is satisfied that-(a) there is collusion between the person making the claim and the person against ..... . magikhia das 1976 acj 239 (orissa); new india assurance co. ltd. v. shiv kumar 1978 acj 137 (mp) and ramesh chandra v. randhir singh 1978 acj 252 (allahabad)]. learned single judge of this court in para 12 of oriental fire & genljns. co. ltd. v. mast ram 1989 acj 1120 (hp), held that:12. now, coming to the issue of compensation, although .....

Anil Kumar and ors. Vs. Central Bank of India and ors.

Court : Himachal Pradesh

Reported in : AIR1997HP5

..... of the principal debtors which were in possession of the police and also from the insurance company with whom the hypothecated goods were insured. the learned district judge discharged the other surety, namely, shri santokh singh respondent no. 4 who was also liable for repayment of the loan amount for and on behalf of ..... vary,exchange or take other securities or releaseany other securities, loss on account ofnegligence could not be equated with release.. release of security implies a volitional act on the part of the bank. further that the clausefor non-discharge of security even if the bankenters into composition with the principaldebtor as to other securities ..... , the court was justified in fastening' the liability qua the other surety. (ii) the court having invoked provisions of sections 139 and 141 of the contract act, in discharging one of the sureties, whether in the circumstances the lower appellate court was justified in not discharging the liability of the appellant. 9. during the .....

Deep Chand Sood and ors. Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Reported in : 1997ACJ831

..... notification dated 6.7.1995 issued by the government of himachal pradesh, department of home, appointing a commission of inquiry under the commission of inquiry act, 1952, to be conducted by mr. r.l. khurana, district and sessions judge, kangra at dharamsala, and has urged that as this commission has to enquire all the matters, at this ..... rescue operations expeditiously as pointed out by respondent no. 4. subsequently, a judicial probe was ordered under the commission of inquiry act, 1952 vide order dated 6.7.1995 which is under progress. besides, this court ordered inquiry to be conducted by the central bureau of investigation by order dated 2.8.1995. thus, the judicial ..... fee and collected crores of rupees over the year under the garb of providing education to the children. the nature of the case is such that inquiry by central bureau of investigation is called for and for seeking the reliefs, there is no other efficacious alternative remedy available to the petitioners except through .....

Krishni and ors. Vs. Amar Nath and ors.

Court : Himachal Pradesh

Reported in : I(1997)ACC251

..... the plaintiff and his fellow-workmen on sundays and that the foreman had no authority to consent to plaintiff's riding on the lorry. while two learned judges held that the right to give the plaintiff leave to ride on the lorry was within the ostensible authority of the foreman and that the plaintiff was entitled ..... which was under consideration before the apex court was in relation to interpretation of exclusion clause and meaning of expression 'breach'. after examining the provision of motor vehicles act, as well as construing the terms of policy, the appeal of the insurance company was disallowed and the insurance company was held responsible. relevant paras from this ..... therefore, a trespasser, so far as employers were concerned; but nevertheless the driver was acting in the course of his employment and that is sufficient to make the employers liable. it will thus be seen that while two of the learned judges held that the right to give the plaintiff leave to ride on the lorry was within .....

Bhupinder Singh and anr. Vs. State of Him. PrA.

Court : Himachal Pradesh

Reported in : 1997CriLJ339

..... by mani ram the father of the appellant bhupinder singh on 11-9-73. it records the date of birth of appellant bhupinder singh 2-5-1968, that is similar to the one recorded in ext. p. w. 4/a. in application ext. a. w. 2/d made by magni ..... the offence. according to the school leaving certificats ext. p. w. 4/a, the date of birth of the appellant bhupinder singh is 2-5-1968 and that of appellant mangat ram vide school leaving certificate ext. p. w. 4/b is 15-6-1969, ext. a. w. 2/b and ..... . in such cases no further enquiry in respect of his age is called for and this court can extend the benefit of the children act/ juvenile act to such an accused. but, in other cases, on the materials on record, it may not be possible for this court to be ..... court that the appellant was a child within the meaning of bihar children act, as on the date of the commission of the offence, and as such, he should not have been put on trial before the sessions judge. such a plea came to be taken up for the first time .....

Bishan Dass and ors. Vs. New Prem Bus Service and ors.

Court : Himachal Pradesh

..... . we have given our best consideration to the respective contention of the learned counsel for parties. before we deal with them we may refer to the observations made by learned judges of supreme court in r.d. hattangadi v. pest control (india) pvt. ltd. 1995 acj 366 (sc) in para 7 of the judgment that:during the last few decades question ..... after ensuring that no vehicle is coming from either side as a duty enjoined upon him under the regulations 6 and 7 in the tenth schedule of the motor vehicles act, 1939, which also provides that had he done so he would have also noticed the bus coming and would not have negotiated the curve in a hurry. therefore, from the ..... that the deceased scooterist was not negligent and had not contributed to the accident. dealing with the regulation (7) of tenth schedule of the motor vehicles act, 1939, it was held that having sounded the horn and having given hand signal to indicate that he intended to go across road no, 7, there was no occasion for .....

National Insurance Co. Ltd. Vs. Bhag Devi and ors.

Court : Himachal Pradesh

Reported in : 1998ACJ235

..... claimants in this case are widow, mother, minor sister and daughters of late krishan lal negi who was working as a ahalmad in the office of senior sub-judge, kinnaur besides doing his horticulture and agriculture business on his ancestral property at village rarang in district kinnaur. deceased krishan lal negi was aged 27 years at the ..... and from whom? opp(4) whether the petition is bad for nonjoinder and misjoinder of parties as alleged? opr-2(5) whether the accident occurred due to wrongful acts, deeds and conduct of the deceased, if so, its effect? opr-2(6) whether the vehicle involved in the accident was driven by a person not authorised, ..... in addition to this, it was also argued that the passengers in the vehicle were carrying their personal belongings which were not goods within the meaning of motor vehicles act and the deceased/ injured were being carried as unauthorised passengers, as such, the appellant company needs to be exonerated from payment of awarded amounts and liability, if .....

Oriental Fire and Genl. Ins. Co. Ltd. Vs. Sharda Vig and ors.

Court : Himachal Pradesh

Reported in : 1997ACJ1002

..... (2) of section 95 of the act. for coming to this conclusion the learned judges had followed law laid down in pushpabai purshottam udeshi v. ranjit ginning and pressing co. 1977 acj 343 (sc), where it was held that the ..... in the vehicle. interpreting this provision in national insurance co. ltd. v. jugal kishore 1988 acj 270 (sc), learned judges of the supreme court held that notwithstanding the limits provided in sub-section (2) of section 95 of the act, it was open to the insurer to take policy covering higher risk than contemplated by clause (a) of sub-section ..... insurer can always take policies covering risks which are not required to be covered under section 95 of the act. it was observed that in case .....

Oriental Insurance Co. Ltd. Vs. Khem Chand and ors.

Court : Himachal Pradesh

Reported in : 1997ACJ926

..... a case, it should be given retrospective effect.similarly, in madhya pradesh state road trans. corporation v. sukhiya bai 1989 acj 1124 (mp), the learned single judge has held:whether a particular provision has got prospective or retrospective effect is to be considered by the particular provision, looking to its history as to how and ..... an additional amount by way of compensation has been imposed. such an obligation did not exist prior to the enactment of the said provision by the amending act. if the said provision is applied to the acquisition proceedings which commenced prior to its enactment and an additional obligation in the matter of payment of ..... of rs. 25,000/-. dr. sharma has further pointed out that the matter relating to payment of compensation under section 166 or section 140 of the act is not a provision governing procedure and therefore cannot be made retrospectively applicable and according to him retrospectivity cannot be given to provisions of substantive law as in .....