Court : Himachal Pradesh
Reported in : AIR1999HP68
..... three months rent. 27. the question as to what is meant by the word 'repairs' under section 13 of me h. p. urban rent control act, 1987, came up for consideration before a learned single judge of this court in laxman dass v. suresh kumar, (1993) 2 sim lc 315. it was held that 'reconstruction' of a building does not fall ..... consequent upon such findings, the suit filed by the plaintiff was dismissed by the learned trial court vide judgment and decree dated 30-3-1989. 7. the learned additional district judge while dismissing the appeal of the plaintiff affirmed the findings of the learned trial court. 8. admittedly, it is not the case of the plaintiff that the fire was caused ..... the said case a shop room was taken on rent by the plaintiff therein vide agreement ex.a-1. this shop was completely destroyed by fire sometime in the year 1968. the defendant-landlord put up a new structure in the old premises and inducted his son into the new construction. a suit then came to be instituted by the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(2000)ACC466,2001ACJ680
..... the madras high court (alagiriswami, j.), as the learned judge then was, held that though on a superficial view of section 95, it might appear that the words 'contract of employment' found in section 95 of the motor vehicles act would cover only a contract of employment with the owner of the insured vehicle, there was a preponderance of ..... to such a conclusion, the decision of the apex court in pushpabai purshottam udeshi v. ranjit ginning and pressing co. 1977 acj 343 (sc), was followed by the learned judges.12. in m. kandaswamy pillai v. chinnaswamy 1985 acj 232 (madras), yet another division bench of the madras high court while dealing with a case of the deceased ..... in a goods vehicle for hire or reward and the same is only restricted to passengers carried in a public service vehicle. g.b. patnaik, j., as the learned judge then was, who delivered a separate but concurring opinion observed that if proviso (ii) to section 95 (1) (b) is examined, the conclusion is irresistible that unless .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2000HP73,I(2000)DMC685
..... danger.' in dr. n.g. dastane v. mrs. 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 ..... respondent filed rejoinder to the reply of the appellant thereby denying the grounds of defence in the reply and reaffirming the claim as in the petition.5. the learned trial judge led the parties to trial on the following issues:'1. whether the respondent treated the petitioner with cruelty, as alleged? opp. 2. if issue no. 1 is ..... action.13. against the aforesaid background, in a case under section 13 of the act. it has to be judged independently of the above definition of 'cruelty' as to whether the acts and conduct imputed to the opposite party in a petition under section 13 of the act amount to cruelty or not. therefore, the courts have in interpret, analyse and .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2000CriLJ1869
..... accused.25. the learned assistant advocate general, on the other hand, has supported the conviction and sentence imposed upon the two accused by the learned sessions judge for the reasons and on the grounds detailed in the impugned judgment. it was contended that all the circumstances relied upon stand fully proved and such circumstances ..... to bring home the offence against the two accused, examined as many as 32 witnesses. the accused examined three witnesses in their defence.20. the learned sessions judge, upon consideration of the evidence led before him, convicted and sentenced the two accused as aforesaid.21. feeling aggrieved by the conviction and sentence imposed upon them, ..... have been interrogating the accused at police station sarahan. i did not record any statement of the accused at sarahan under section 27 of the indian evidence act excepting with regard to the place of throwing the dead body. this disclosure regarding the place of throwing the dead body was made by rajesh on 29- .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2000HP65
..... 6 to 8 are the members and shareholders of the society, which is a primary co-operative society registered under the himachal pradesh co-operative societies act. 1968 (hereinafter called 'the act'). after completion of normal tenure of the managing committee of the society its elec-tions were scheduled to be held on 25-5-1998 but ..... against the spirit of the co-operative movement, which forms a part of the scheme of decentralisation of power, in this regard the following observations of the learned judges of the bombay high court in hindurao balwant patil v. krishnarao parshuram patil, air 1982 bombay 216, will be most appropriate:--'..... .co-operative movement cannot bepermitted ..... challenging thevalidity of that election after having lost. similarly, in dr. b.n. sarin v. state of u.p., air 1967 allahabad 465, the learned judge has held that the issue of a writ under article 226 of the constitution is guided by the principles of equity. having failed to inform the district magistrate about .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2000CriLJ1591
..... is non-existent in the f. i.r. ext. pa. to treat such manipulative evidence as corroborative piece of evidence as done by the learned sessions judge, is utterly unsafe and hazardous. this circumstance further shows that the investigation in the case has not been fair which renders the entire prosecution case as highly suspicious ..... he saw the accused having sexual intercourse with the prosecutrix on the path and when he called the accused loudly as to why he was committing sexual act with the prosecutrix, the accused ran downwards. he has further stated that he was informed by the prosecutrix that the accused committed the sexual intercourse with her ..... victim of such cases is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no difficulty to act on the testimony of a victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable. seeking corroboration .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(2000)ACC148,2001ACJ127
..... from whom? ... opp(4) award/relief.6. the parties went to trial and led their oral and documentary evidence to substantiate their respective claims and counterclaims. the judge of the tribunal on an appraisal of the entire evidence on record, recorded findings on issue no. 1 against driver of the van holding him negligent in driving the ..... consideration in this appeal are, firstly, whether the appellant company is entitled to invoke the provisions of section 96 (2) (b) (i) (a) of the said act, and, secondly, whether the above quoted exclusion clause in the insurance policy absolves the appellant company of any liability in the present case.12. in order to appreciate the ..... the person driving the vehicle and that more than permitted number of persons cannot be carried in goods vehicle is not a condition permitted as exclusion clause by the act as such, whereas sub-clause (i) specifically stipulates the breach of a condition mentioned in clause (a) as one of the grounds on which the insurer .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [2000]99CompCas130(HP)
..... inter alia, that the record of the proceedings on close scrutiny would indicate that the case had not been taken cognizance of before the transfer. a learned single judge of the high court accepted the case of the two accused and by order dated august 19, 1989, quashed the proceedings against the two accused. such order ..... court and in any event quashing would secure the ends of justice. a division bench of the high court rejected the application by an order dated december 12, 1968. the only ground on which the application was rejected was that 'the points raised ... depend on certain questions of fact, which have to be ascertained on ..... nos. 044183, 044184, 044174 were returned dishonoured stating stop payment. the above three cheques are currently at the trial stage under section 138 of the negotiable instruments act which are pending disposal before the learned chief judicial magistrate, kullu.' 26. the above averments undoubtedly show that the supply of watches was made by the respondent .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [2000]118STC315(HP)
..... -iv dated the 30th january, 1996. in exercise of the powers conferred by sub-section (1) of section 42 of the himachal pradesh general sales tax act, 1968 (act no. 24 of 1968), the governor of himachal pradesh is pleased to make the following further amendments in this department's notification no. exn-c(9)2/90 dated december 31 ..... which the contract between them allows. in associated cement company ltd. v. government of andhra pradesh [1985] 58 stc 223, jeevan reddy, j., as the learned judge then was, speaking for a division bench of the andhra pradesh high court, exhaustively analysed this issue, with particular reference to an identical lease for the very same kind ..... purchase involved in the same so as to attract section 6a of the andhra pradesh general sales tax act, 1957. not only, we are in respectful agreement with the exposition made and conclusions arrived at by the learned judge, but the said view gains strong support and approval by the principles laid down by the bench consisting .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2000HP53
..... that the other party has failed to perform his obligation under the contract. in prem raj v. d.l.f. housing and construction (private) ltd., air 1968 sc 1355, the learned judges came to the conclusion that absence of an averment on the part of the plaintiff as to readiness and willingness to perform his part of the contract tantamounts ..... witnesses bhupinder singh pw-4 has stated that he had accompanied the plaintiff to the suit property in respect of which there was a dispute of passage and on hid inquiry he found that the dispute could be settled. as per this witness he had gone to the defendant to hand him over the letter dated 16-10-1993 ex ..... para 14 it is observed :--'the next question is whether the courts below were justified in decreeing the suit for specific performance. section 20(1) of the specific relief act, 1963 provides that the jurisdiction to decree specific performance is discretionary, and the court is not bound to grant such relief, merely because it is lawful to do so; .....
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