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    [0] =>  .....  kicks at the deceased. such blows could not have been inflicted accidentally and must be held to have been inflicted intentionally. the finding recorded by the learned judge that the act by which death was caused was known by the appellant to be likely to cause, death involves the following findings:(1) that the appellant had intentionally inflicted ..... offence can neither be grievous hurt nor culpable homicide not amounting to murder and it must then be a case of simple hurt. shah, j. the other learned judge constituting the bench did not express any definite opinion on the question, as to whether there was any real difference between the expression 'injury which is likely to  ..... narrated by p. ws. gangu, soma, lohali and govindu. it finds support from the statement made by smt. drumti and the finding reached by the learned sessions judge that the appellant had belaboured the deceased does not appear to be open to any exception.13. the second point urged on behalf of the appellant is that in  ..... 
    [1] =>  ..... of adjudicating upon any claim for compensation, choose one or more persons possessing special knowledge of and matter relevant to the inquiry to assist it in holding the inquiry.'21. section 176 of the act empowers the state government to make rules for the purpose of carrying into effect the provisions of sections 165 to 174  ..... the parties by allowing the respondent concerned to prefer the cross-objections within the period of limitation. under these circumstances, with great respect to the learned judges of the allahabad high court, we find ourselves unable to accept their view that provision enabling a respondent to file cross-objections is a substantive provision  .....  of this court in rukmani devi required reconsideration by a larger bench, referred the question of maintainability of cross-objections to a full bench of three judges. it is in this background that this reference with respect to the legal question relating to the maintainability of cross-objections in an appeal filed under ..... 
    [2] =>  ..... . r.m. suri, learned counsel appearing for state bank of india--objector respondent no. 2 has submitted that the order passed by the learned single judge is unassailable because section 22(1) of the 1985 act indeed had application to the facts and circumstances of this case and that the proceedings forming the subject-matter of company petition no. 13 of 2003 .....  decision of the reference made by the first appellant to the bifr under section 15 of the 1985 act.8. section 22(1) of the 1985 act reads thus :'suspension of legal proceedings, contracts, etc.--(1) where in respect of an industrial company, an inquiry under section 16 is pending or any scheme referred to under section 17 is under preparation or consideration ..... 
    [3] =>  ..... may not be competent. by his order dated 30th june, 1999, the land acquisition collector reproduces the direction issued by the learned district judge and goes into a very detailed inquiry holding that the petitioners were consenting parties to the award, and therefore, dismisses the application under section 18. the record also reveals that  ..... 3 and 4. they approached the collector and requested that reference petition under section 18 of the land acquisition act, 1894 (hereinafter referred to as the 'act') be sent to the court of the learned district judge for redetermination of the compensation as they were not satisfied with the amount which had been granted to them. ..... received the amount under protest. however, reference so made is not accompanied by relevant information and material as required under section 19 of the land acquisition act. so i may not in a position to decide the controversy whether the petitioners were consenting party to the award and whether they received the amount ..... 
    [4] =>  ..... these cases.4. we have found that in these and other appeals arising out of the claims settled under section 110 of the motor vehicles act read with the fatal accidents act, the learned judges of the different tribunals functioning in the state are not taking a consistent view and are not adopting a consistent method of assessing compensation in cases ..... roadways, ambala (1971 acj 247) (fb) and in triloki nath bhargava v. jaswant kaur (1975 acj 259). the high court ofmadhya pradesh in manjula devi bhutta v. manjusri raha (1968 acj 1), high court of assam in phoenix assurance co. ltd. v. kalpana rajput (1974 acj 470). high court of orissa in madhusudan rai v. smt. basanti kumari devi ( ..... does not in terms confer a right of appeal.'this very view has been reiterated by the supreme court in collector. varanasi v. gauri shanker misra reported in air 1968 sc 384.38. in view of the above decisions of the supreme court it is obvious that if it is found that cross-objections contemplated by o. 41,  ..... 
    [5] =>  .....  court is not mentioned in sub-section (3) of section 24. nor does section 40, punjab courts act, 1918, apply to himachal pradesh. after the 'transfer,' on 22nd january 1949, could the district judge withdraw the appeal so transferred and hear and dispose of it himself he could not. this is the real test of the power  .....  the respondent finally submits before the court that the learned district judge, by 'transfer,' meant to forward it only to the proper court, that of the senior subordinate judge. in my opinion, the principle of law in such cases is expressed in actus curiae neminem grovabit (an act of the court shall prejudice no person). in jai behram v ..... intermediate court of appeal, but the act of the court as a whole, from the lowest court which entertains jurisdiction over the matter upto the highest court which finally disposes of the case.'32. i am, therefore, of opinion that justice requires that the judgment and decree of the senior subordinate judge, dated 29th april 1949, shall  ..... 
    [6] =>  ..... employed as a helper in iandph division, bilaspur. it is totally unbelievable that these persons, while being the members of the marriage party, were offered some wages to act as labourers for loading or unloading dowry articles by the father of the bridegroom and they had accepted the same.17. having returned the finding, on reappraisal of  ..... vehicle is not required to be covered by the policy, under section 147 of the motor vehicles act, 1988, as it stood prior to the amendment of the said provision, by amending act of 1994. the argument is supported by a judgment of three judges' bench of the hon'ble supreme court in new india assurance co. ltd. v. asha  ..... rani : air2003sc607 . in the said judgment it has been authoritatively declared that section 147 of motor vehicles act of 1988, as it stood prior  ..... 
    [7] =>  .....  chikhreshwar through shri daulat ram, karta and president of the temple of the aforesaid deity as a next friend for setting aside the order and judgment of the learned district judge, dated 24th november, 1967, upholding the judgment and order of the learned compensation officer, mahasu.2. the petitioner's land vested under the provisions of s. 27 of the .....  of representation to protect its interest.6. however, the contention raised by the learned advocate-general is that the petitioner had an alternative remedy under section 92 of the act by way of a suit. but a plain reading of the section would reveal that no suit can be filed by a small land-owner for the sanction of the ..... grant. in this behalf, i am supported by bishwanath v. radha ballabhiji, air 1967 sc 1044, which says that when such an alienation has been effected by the shebait acting adversely to the interest of the idol, even a worshipper can file the suit, the reason being that the idol is in the position of a minor and when the ..... 
    [8] =>  ..... . it cannot be said that in enacting sub-section (2), the legislature was contemplating only those defences which were based on the conditions of the policy.22. a single judge of this court in oriental insurance co. ltd. v. bishan dass 1988 acj 106 (hp), following the ratio laid down by the apex court, has held:.the contract  .....  the insurer to avoid his liability under various circumstances. however, if those circumstances do not fall within the purview of sub-section (2) of section 96 of the act, the insurer cannot invoke them in aid and escape liability for the third party risk. the terms of the contract between the insurer and the insured, which determine their ..... company has cancelled its liability under the law.26. at this stage it would be appropriate to refer to the provisions of section 157(1) of the motor vehicles act, 1988. it reads:(1) where a person in whose favour the certificate of insurance has been issued in accordance with the provisions of this chapter transfers to another  ..... 
    [9] =>  .....  has considered both the unamended as well as the amended provisions of the act in a number of cases. the law with regard to the liability of the insurance company in respect of passengers being carried in a goods vehicle is now settled. a three-judge bench of apex court in new india assurance co. ltd. v. asha .....  rani : air2003sc607 , considered the question whether it is compulsory for the insurance company to cover the liability in respect of passengers travelling in a goods vehicle. this decision was in the context of the unamended act. the apex court overruled .....  in respect of both drivers and conductors of public service vehicle and employees carried in goods vehicle would be limited to liability under workmen's compensation act, 1923 (in short 'wc act'). there is no reference to any passenger in 'goods carriage'.15. following the aforesaid judgments, a similar view was taken by the supreme court  ..... 
    [10] =>  .....  a view would render violence upon the intention of the legislature.25. the apex court in malla prakasarao v. malla janaki : (2004)3scc343 , decided by a three judge bench, held as follows :1. it is not disputed that the driving licence of the driver of the vehicle had expired on 20-11-1982 and the driver did  .....  licence shall, notwithstanding its expiry under this subsection, continue to be effective for a period of thirty days from such expiry.12. section 15 of the motor vehicles act provides for renewal of driving licenses. section 15(1), insofar as it is relevant to the present case, reads as follows :15(1) any licensing authority may, .....  or by any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or8. section 2(10) of the motor vehicles act defines driving license as follows :2(10) 'driving licence' means the licence issued by a competent authority under chapter ii authorizing the person specified therein to drive,  ..... 
    [11] =>  ..... an election of the pardhan to gram panchayat, mandhol, district simla, was held on 17-11-1978 under the provisions of the himachal pradesh panchayati raj act, 1968 (hereinafter called the act). the petitioner and respondent 1 (shri karam chand azad) were contesting candidates for this election and the petitioner was declared elecled. respondent 1 challenged the  ..... serving of halwa and puris, that too in the premises of a temple was highly objectionable and is covered by section 185, h. p. panchayati raj act, 1968 as a corrupt practice as an entertainment with the object of inducing the members of gram sabha directly or indirectly with a view to vote or refrain  .....  voters on the grounds of religion/community for the furtherance of his electionprospects and to the prejudice of petitioners' election.' 21. under section 169 of the act it is the duty of the respondent to narrate the allegations of corrupt practices specifically and to support the same with an affidavit. 22. the learned counsel ..... 
    [12] =>  .....  judicial magistrate, kullu in highest esteem. the deponent never intended to blackmail the learned court of the additional judicial magistrate, as observed by the learned sessions judge, mandi, and the deponent sincerely regrets that such impression is created. the deponent bona fide expresses unconditional apology from his penitent heart and prays for his  ..... thakur of village bhutti in tehsil and district kullu (h.p.). the reference of the district and sessions judge is one under section 15(2) of the contempt of courts act, 1971. the district and sessions judge had been requested by the additional chief judicial magistrate, kullu, through his letter of 8 november, 1991 to ..... device, a last desperate throw in the game of chance'. but should be 'voluntary and indicative of remorse'. (prafulla ranjan sarkar v. manindra chandra neogi, 1968 cri lj 248).26. there has been a volume of judicial thinking, spread over several decades, about the nature and quality of apology which merits acceptance by ..... 
    [13] =>  ..... 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 ..... 
    [14] =>  .....  was laid down that if the value of the original suit does not exceed rs. 5.000, an appeal from the decree would lie to the district judge under section 39 (1) ofthe punjab courts act. any way this was a mortgage suit and not an account suit. in gajja singh v. gurdial singh (air 1960 punj 467 (fb)) which was a .....  of money due on unsettled accounts the value which the plaintiff is permitted to fix on the plaint is merely tentative, intended to serve as a starting point for the inquiry, and that the real value is the amount which is finally found due by the court on taking the account and for which it passes a decree in favour of .....  plaintiff would be prepared to pay additional court-fee, if the amount so ascertained exceeds the claim in suit.' this amendment was opposed by the defendants. the learned senior subordinate judge pronounced the judgment in the case on 26th august, 1960 and towards the close of the judgement it has been stated that. 'on 24th august, 1960, the plaintiff's counsel ..... 
    [15] =>  .....  submission, he has placed reliance on a judgment of this court reported in air 1995 him pra 74, punni v. sumer chand. on the facts of that case, the learned judge was of the view that unless it was shown by sufficient evidence that the person putting his signatures signed it for the purpose of attesting it or certifying that he .....  village, where he died in the early hours of the morning.23. on the other hand, the case of defendant no. 1 is supported by the case reported in air 1968 raj 41. smt. ladhi bai v. thakur shriji. in the instant case, the attesting witness dw 3 has narrated the sequence of events from which it can be inferred that ..... facts and is fictitious document not binding on his rights and the defendants have no right, title or interest in the suit property beyond their shares as per hindu succession act and are not entitled to interfere in any manner in the share of the ownership and possession of the plaintiff. permanent injunction was also prayed for by the plaintiff against ..... 
    [16] =>  ..... the supreme court in state of haryana v. chandra mani, air 1996 sc 1623.16. in national insurance co. ltd. v. manoranjan dash, 1987 acj 381 (orissa), the learned single judge dismissed the application of the insurance company for condonation of delay caused due to routine and leisurely inter-departmental consultations of the employees of the company.17. the learned single ..... his counsel.11. in state of haryana v. chandra mani air 1996 sc 1623, their lordships of the supreme court dealing with the provisions of section 5 of the limitation act, 1963 have said:'(10) it is notorious and common knowledge that delay in more than 60 per cent of the cases filed in this court- be it by the  ..... 1 herein, has filed m.a.c. petition no. 64-s/2 of 1998 on the file of motor accidents claims tribunal, solan, under section 166 of the motor vehicles act, 1988 claiming compensation of rs. 6,12,000 on account of the injuries suffered by him in the accident. the claimant was the driver of canter vehicle no. hp 15 ..... 
    [17] =>  ..... and such investigation would be incomplete and illegal without associating the aggrieved party for the removal of whom such an enquiry has been contemplated.27. the word 'inquiry' connotes act of seeking truth, information or knowledge about something. it is although synonymous with inquisition/investigation, probe or inquest, yet it acquires a definite meaning in the ..... of and complied to meet his ground of removal.18. there are two principles which govern natural justice. the first principle is that no body shall act as a judge in his own cause. the principle corresponds to the latin maxim 'nemo debetesse judex in propria causa.' the principle means that justice should not only be ..... noteworthy. (para 46 at p 1424 of air).'in this light the question emerges whether the decision of the speaker to admit the motion to remove the judge moved by requisite number of members of the house of people is amenable to judicial review. undoubtedly, in a parliamentary democracy governed by rule of law, any ..... 
    [18] =>  .....  in the sale value but this has not been done'. secondly, no opportunity whatsoever was afforded nor any public inquiry made. this allegation indeed is without any foundation in the record. there is nothing on the record which suggests that ..... does not say that the sale certificate was obtained by the petitioner by practicing fraud, misrepresentation or concealment of fact.a three judges bench of the supreme court reiterated in estates development ltd. (in liquidation) v. the union of india and ors.  ..... years. in that case, the appellate authority rejected the appeal in june, 1966. no further steps were taken till 1968 and it was held that in these circumstances, the revisional jurisdiction by the chief settlement commissioner under section 24 could ..... his revision petition was dismissed by the financial commissioner-cum-secretary relief and rehabilitation.62. section 36 of the act specifically bars the jurisdiction of the civil courts to entertain any suit or proceedings in respect of any matter  ..... 
    [19] =>  ..... . respondent no. 1 then challenged this election by filing an election petition before respondent no. 5, under section 186 of the himachal pradesh panchayati raj act, 1968 (hereinafter referred to as 'the act' ' ),vide annexure r1/a, on a number of grounds which, inter alia, were : (a) improper acceptance of nomination papers of the petitioner .....  sub-section (1) mandates the prescribed authority to inquire into an election petition which has not been dismissed under section 170 and, at the conclusion of such inquiry, to make an order : (a) dismissing the election petition, or (b) setting aside the election. the prescribed authority is not clothed with the power to .....  authority are specified in the statute, which, as earlier pointed out, empowers him to inquire into an election dispute and, at the conclusion of the inquiry, to make an order dismissing the electionpetition or setting aside the election, as the case may be. the consequence following uponthe setting aside of an election ..... 
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