Court : Himachal Pradesh
Reported in : (2001)ILLJ632HP
..... the issue raised before us.22. in management, bangalore woollen, cotton and silk mills co. ltd. v. workmen and anr., air 1968 sc 585 : 1968-i-llj-555, the hon'ble supreme court considered the provisions of the act, the industrial disputes act, 1947, and jurisdiction of industrial tribunal to adjudicate upon matters covered by the standing orders. referring to several earlier decisions, their lordships ..... judgment and order passed by the high court were set aside.33. strong reliance was, however, placed by the learned counsel for the petitioner on a decision of a single judge of the high court of allahabad in 'bijli mazdoor sangh v. resident engineer, allahabad electric supply undertaking, u.p. state electricity board, allahabad and ors., air 1970 all 589. ..... officer and the appellate authority, however, still had to be exercised for the purpose of giving effect to the object of the act as it continued to remain in the preamble, which was not altered. before the amendment of the act, if the workmen had any grievance on the ground of unfairness or unreasonableness of the standing orders proposed by the employer, their ..... 626 : 1999-i-llj-352. in that case, draft standing orders submitted by the corporation and certified by the appellate authority permitted the delinquent workman to be defended in a departmental inquiry by a fellow workman of his choice, who must be an employee of the corporation. the model standing orders, however, allowed such representation by an office bearer of a .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(2001)ACC177,ILR2001NULL177
..... collector of muzaffarnagar (1887) 9 all. 655 it was held that poverty was not sufficient cause within the meaning of section 5 of the limitation act. a single judge of the lahore high court held thus:it was held in moshaullah v. ahmedullah (supra), and husaini begam v. collector of muzaffarnagar (supra), that ..... court-fee was not affixed by the applicant company due to financial constraints. according to the respondent:the non-applicant made inquiries from the office of the appellants/applicants at mandi and on inquiries, it is revealed that the closing balance in their bank account no. 1618 (disbursement) at punjab national bank, moti ..... to make good the deficiency. assuming that the court has power to receive these appeals and allow time for the deficiency to be made good i think that we should be exercising our discretion in an unreasonable manner if we were to do so.(emphasis supplied)20. we respectfully agree with ..... days of the expiry of limitation, but;.due to financial constraints as the claim ratio being higher during december, no court-fee was affixed. from 8.1.2000 to 20.2.2000, the hon'ble court was closed due to winter vacations. in the last week of february, 2000, the matter was under ..... bazar, distt. mandi in the month of december, 1999 was rs. 7,88,681/-; january, 2000 rs. 3,64,973/-; february, 2000 rs. 3,8,512/-; and march, 2000, it was rs. 1, .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2002CriLJ1598
..... . the above discussion leads to the irresistible conclusion that the evidence led by the prosecution to prove the charge against the accused persons and relied upon by the learned sessions judge to convict and sentence them is not cogent, reliable and trustworthy but is of doubtful nature. in these circumstances, the accused could not have been convicted and sentenced but were ..... , the learned assistant advocate general has contended that the evidence led by the prosecution is trustworthy and reliable and has, therefore, supported the conclusions arrived at by the learned trial judge regarding the commission of the offence by the accused persons. the learned counsel for the complalnant had, with the permission of the court, placed on record the written arguments. while ..... presence. unless the disclosure statement is proved, the consequential recovery at the instance of the accused is not covered within the frame work of section 27 of the indian evidence act. to be admissible, the discovery of the fact must be preceded by a disclosure statement or information given by the accused which has not been proved in view of the ..... the learned counsel for the appellants and the petitioner and the learned assistant advocate general for the state and have also gone through the records.17. the learned sessions judge has convicted the accused persons on the following evidence :(i) eye account of the occurrence as given by pw1 khushi ram and pw 2 saroj devi;(ii) medical evidence and experts opinion .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(2001)DMC751
..... no. 4 have been answered by her and it contains initial/signature by the learned additional sessions judge, i do not wish to make further observation. but i do hope that the learned additional sessions judge will be much more careful in future and no such lapse will be repeated. the copy of ..... be said that there was unexplained or unreasonable delay in lodging fir or that it was filed after due deliberation involving the accused. the learned judge, in my opinion, appreciated the circumstances in their proper perspective. he also rightly observed that when the mother received the information that her daughter ..... epilepsy. he denied that a person suffering from epilepsy, he/she would become violent. but a patient suffering from epilepsy with mental ailment might act in violence. he stated that he did not remember whether mother of renu bala used to come for treatment of epilepsy.13. thus, from the ..... sent to her in-laws. in view of settlement, obviously, no complaint was filed before police authorities or before a panchayat and such an act cannot be said to be unusual so as to draw adverse inference against the prosecution. on the contrary, when the prosecution witnesses were trying to ..... suicide. because of suffering from epilepsy, renu bala, in desperate state of mind, she committed suicide. none of the accused was responsible for such act. immediate steps were taken by the accused when renu bala took poisonous medicine and was taken to government hospital, gagret, but in spite of best .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2002HP94
..... are required to pay ad valorem court-fee under section 7(iv)(b) of the h. p. court-fees act, 1968. the suit has, therefore, been rightly held to be not within the original pecuniary jurisdiction of the district judge. 23. as a result, the present revision petition fails and the same is dismissed accordingly. ..... property, that is, the one detailed at serial no. 7 of para 3 of the plaint. the plaintiffs have admitted the possession of respondent no. 1 and his sons on the remaining properties. insofar as the two plots at una are concerned, the plaintiffs are silent as to in whose possession such ..... it by implication what is not stated therein., (see : neelavathi v. n. natarajan, air 1980 sc 691). 13. the petitioners and respondent nos. 1 to 3 are the descendants of the deceased ram rakha. the partition, by enforcement of a right to share in the joint family property, is being claimed ..... dissolution of partnership and accounting filed in the courts of limited pecuniary jurisdiction, the hon'ble supreme court in sujir keshav nayakv. sujir ganesh nayak, (1992) 1 scc 731 : (air 1992 sc 1526 at p. 1529) has held :'.....it can thus be resolved thatin suits for accounting or for dissolution of partnership ..... 5/8th share therein on the ground that such properties are joint hindu family properties consisting of the deceased ram rakha, petitioners and respondents nos. 1 to 3. they also sought rendition of accounts of the firm messrs ram rakha mall kaushal and sons by averring that such firm was also .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : II(2002)ACC220
..... same was more onerous when it is defendants' case that in kullu town most of the buildings are wooden.52. under section 90 of the h.p. municipal act, 1968 it was the defendant no. 1 who was to maintain the fire fighting equipment, etc. webster's third new international dictionary (volume ii, p-1362) defines 'maintain' as under:to keep in a ..... power would be exercised would certainly affect the general pattern of economic and social behaviour of the community. it was further stated by the majority that this doctrine required an inquiry into the role of a given statutory power and its effect on the behaviour of the general public. on this principle of 'general reliance', their lordships stated that an outstanding ..... a fire authority may well be examples of this type of function'.61. in the light of the aforesaid discussion, we are satisfied that findings recorded by learned single judge on issue nos. 1,3 and 4 need to be reversed and thus those are decided in favour of the plaintiffs. issue no. 2 is decided against the defendants.62. after this ..... the stage of issue of notice till completion of demolition, we see no reason why a contrary view to what has been held by the learned single judge while passing the decree against defendant nos. 1 and 2, needs to be taken. in the circumstances of the case, it was incumbent upon defendants to have examined defendant no. 3 under whose verbal .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(2002)ACC243,2002ACJ243
..... next date fixed in the claim petition after 26.5.1997 and after the receipt of telephonic call from the appellant insurance company, he made inquiry from the tribunal on 3.6.1998 and came to know of the ex parte award and thereafter he filed applications on 8.6.98.9 ..... without any remedy as it cannot assail ex parte award by filing appeal under section 173 of the act. in rani choudhury v. lt. col. surjit choudhury air 1982 sc 1397, the learned judges have held in para 3:by enacting the explanation, parliament left it open to the defendant to apply ..... civil procedure code will be defeated. if order rejecting the application under order 9, rule 13, civil procedure code is held not appealable in view of order 43, rule 1 (d) not specifically made applicable under rule 20 of the rules, the consequences will be absurd as the party suffering from this order will be left ..... aside the ex parte award passed by the tribunal and rule 20 of the rules specifically provides for order 9, civil procedure code and not order 43, rule 1 (d), civil procedure code, but once order 9 is made applicable which includes order 9, rule 13, civil procedure code, it is implied that the order passed in ..... view of application of order 9, rule 13, civil procedure code as per rule 20 of the rules, application of section 104, civil procedure code and order 43, rule 1 (d) is implicit; otherwise the party suffering the orders of rejection of the application under order 9, rule 13, civil procedure code, will be left high and .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2002HP12
..... at mandi in. civil appeal no. 123 of 1990. while dismissing the appeal of the defendant, the judgment and decree passed by sub-judge 1st class, sarkaghat in civil suit no. 110-1/88 dated 30-4-1990, has been upheld. by means of said decree, trial court had decreed the suit of the plaintiff, permanently ..... 3. this suit was contested and resisted by the defendant who inter alia pleaded that he has purchased the suit land for rupees 500/- on 6-8-1968 from dhanna co-sharer and since then he continues to be in its exclusive possession. defendant also alleged that he has planted fruit bearing trees on the suit ..... hearing on behalf of the parties that oral sale was permitted in the area where the land in dispute was situate and provisions of the transfer of property act dealing with the sale came into operation with effect from 7-12-1970. while advancing argument on the basis of exh. dw-8/a, it was ..... cross-examination is seen nothing has been extracted so as to dislodge him. on an overall examination of whole case. i am satisfied that ex. dw8/a remained merely a paper entry and wasnever acted upon. this is in addition to the fact that there is no evidence of sale having been effected in favour of ..... presence of the parties in accordance with the provisions of section 38 of the h.p. land revenue act, 1954 in case acquisitions are otherwise legal.' 12. purpose of this instruction seems to be that the parties i.e. seller and buyer were aware as to what is happening. there is nothing to suggest as to .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2002CriLJ531
..... committing the accused for trial by the high court or the court of sessions under section 213 of the said code; or(d) transfer the case for inquiry or trial under section 192 of the said code. 5. where within the period of seven days mentioned in rule 4, or any time thereafter before ..... ), the respondent-accused lt. col. s.k. loraiya was charged by special judge, gauhati, under section 120-b, i.p.c. read with section 5(1)(c) and (d) and section 5(2) of the prevention of corruption act and sections 467 and 471, i.p.c. without following the procedure specified in the rules ibid. he preferred ..... offence and the person against whom the offence is committed.there appears to be sound logic to give the first option to the authorities under the act to decide whether the accused should be tried by the court martial or the criminal court. the defence of the country being of paramount importance, the ..... maritial', to direct that the acusced persons shall be detained in air force custody, thus, the option to try a person subject to the air force act. who commits an offence while on active services is in the first instance with the air force authorities. the criminal court, when such an accused is ..... that the petitioner is a military personnel and subject to military law. therefore, in view of the provisions of sections 69 and 70 of the army act, 1950, the petitioner can be tried by the court-martial for the offences alleged to have been committed by him.5. the relevant provisions providing for .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2002CriLJ2334
..... offence with which he was charged. in support of the said version, the accused had also examined one tilak raj as dw-1.7. the learned additional sessions judge, considering the evidence of the parties, held that it was proved by the prosecution beyond reasonable doubt that the accused had committed ..... lady would not take her two tender aged children along with her. one of them was able to understand and could appreciate difference between 'good act' and 'bad act'. it is also to be borne in mind that the prosecutrix was a married woman. similarly, the accused was also a married man having ..... was issued by him at ex. pw-2/a. in his opinion, there was nothing suggestive that the accused was not capable of doing sexual act. regarding injury on the person of the accused, in cross-examination, the witness admitted that it could not be ruled out during the consented sexual ..... the village, who had been examined by the prosecution. in any case, when the accused himself in his statement under section 313 admitted that act of sexual intercourse with the prosecutrix, examination or non-examination of prosecution witnesses was immaterial. it was on the accused to prove that there was ..... there were omissions,'modifications, variations and contradictions. though, the prosecutrix was a consenting party, at the time of actual sexual intercourse, some persons witnessed the act and, hence, with a view to save her skin, she had concocted the case of rape by the accused. the counsel also made a grievance .....
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