Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 section 5 powers of committee Sorted by: old Court: himachal pradesh Page 13 of about 648 results (0.057 seconds)

Himachal Road Transport Corporation, Simla Vs. Bhanno Mull and Sons

Court : Himachal Pradesh

Reported in : AIR1992HP37

..... of one room in a building taken on rent for residential purpose, as the godown, does not come under section 13(2)(ii)(b) of the act.'23. the same view was taken by the learned judge in another later decision by him reported in air 1982 punj and har 224 (dharam chand v. mathura dass), where a small portion of the ..... expressing its intention what that intention was, and to giving effect to it. where the meaning of the statutory words is plain and unambiguous it is not for the judges to invent fancied ambiguities as an excuse for failing to give effect to its plain meaning because they themselves consider that the consequences of doing so would be inexpedient, or ..... the ejectment was rightly refused on this ground.'19. this decision was later disapproved by a division bench of the same court in (1968) 70 pun lr 973 (smt. naranjan kaur v. dr. siri ram) where the learned judges were of the opinion that in order to maintain a building as 'non-residential building', it was necessary that: (a) it is .....

Court on Its Own Motion Vs. Milkhi Ram and ors.

Court : Himachal Pradesh

Reported in : 1992CriLJ2130

..... also scandalizes the court or lowers the authority of the court, it is punishable as criminal contempt. while section 228 gives remedy to the judge to deal with the misconduct himself whereas the act of contempt of court is not personal to him, since it is a wrong done to the public. in : 1952crilj832 bathina ramakrishna reddy v. ..... district courts solan, could be tried under section 228 of the indian penal code and not under section 10 proviso, read with section 2(c) of the act for hurling shoe at the judge in the court. the contention was rejected after analysing the parameters of these two provisions of indian penal code and contempt of courts ..... order and produced him without handcuffs, and that the accused took off his shoe and threw it at the judge which landed at his table. the accused also hurled abuses saying :bhain chod tune meri jindgi tabah kardi'.this act, according to the magistrate, was pre-designed and the police officials were responsible therefor which was evident from the .....

Ram Singh Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : 1992CriLJ979

..... sadhu ram brought the injured to the verandah of his house where she breathed her last.4. the prosecution story as narranted above has been accepted by both the learned judges who, as stated above, have only disagreed on the solitary point whether commission of an offence under section 302 indian penal code or under section 304, part-ii indian penal ..... to be likely to cause the death of the person to whom the harm is caused culpable homicide amounts to murder. further, section 300 (thirdly) stipulates that if the act by which the death is caused is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ..... ordinary course of nature to cause the death, the offence would also amount to murder under section 302, tpc. on the other hand, if the act by which the death is caused is done with the knowledge that it is likely to cause death but without any intention to cause death or to cause such bodily .....

Marian Eva and anr. Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : AIR1993HP7,II(1992)DMC142

..... dated 15-7-1988 of special marriage officer, shimla, was challenged before the district judge in appeal filed under section 8(2) of the special marriage act, but it has been dismissed as not maintainable vide judgment dated 25-8-1988 passed by the district judge, shimla. now, by way of this petition under article 227 of the constitution of ..... section 7 to a marriage officer in the state of jammu and kashmir in respect of an intended marriage in the state and the marriage officer, after making such inquiry into the matter as he thinks fit, entertains a doubt in respect thereof, he shall not solemnize the marriage but shall transmit the record with such statement respecting ..... the matter as he thinks fit to the central government, and the central government, after making such inquiry into the matter and after obtaining such advice as it thinks fit, shall give its decision thereon in writing to the marriage officer who shall .....

Village Papers Pvt. Ltd. Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Reported in : (1993)ILLJ99HP

..... upon the employer but in the application to the labour officer complaining that the management refused to accept the workmen without assigning proper reasons and proper inquiry and demanded reinstatement with back wages and continuity of service. conciliation failed and the officer submitted failure report to the government. on the basis of ..... that the question whether in case of apprehended dispute government can make a reference made sub-section (1) of section 10 of the act was not examined by the earlier decision. the learned judges who constituted the bench in shambhu nath gael's case (supra) had also an occasion to deal with the scope of sub- ..... the government cannot refer the matter for adjudication to labour court which is also incompetent to decide the same. in support of this contention, reliance was placed on 1968-i-llj-834 (sc) (sindhu resettlement corporation ltd. v. industrial tribunal of gujart and ors., wherein it has been observed that: (pp. 839-840):'...................... .....

Himachal Road Transport Corporation Vs. Puni Devi and ors.

Court : Himachal Pradesh

Reported in : I(1993)ACC418,1993ACJ998

..... o. (pwd), thanedhar, pw 13, has differed and according to him, the width of the road was 4.10 metres. it is stated in the report that from the spot inquiry it was learnt that the driver of the bus, prem singha, had taken alcohol at nirath before he started for his journey to kotgarh. the cause of the accident as ..... accident which comprised of false projection and which was supported on wooden logs gave way under the weight of the truck.... in the circumstances proved, according to the learned judge, the defect in the projected portion of the road was latent and not patent which could not be discovered by the driver of the truck in spite of reasonable care ..... . therefore, the learned judge held that assuming the entire width of the road as traffic worthy, the driver of the truck had not acted negligently by plying the truck on projected portion of the road. the ratio of these two cases does not apply to .....

Bidhi Singh Vs. M.S. Mandyal and anr.

Court : Himachal Pradesh

Reported in : 1993CriLJ499

..... a cane blow to the subordinate. the court took the view that the action of the d.f.o. was not proper. but since he was making an inquiry from the subordinate in the purported exercise of official duties, the action attributed to him though in excess of his authority under a wrong notion about the extent of ..... he has also urged, in the alternative, that having regard to the circumstances of the present case this court should not interfere with the order of the additional sessions judge quashing the proceedings against shri mandyal.6. it has not been disputed before us that shri mandyal, while functioning as the sub-divisional judicial magistrate at palampur on july ..... such as to lie within the scope of his official duty. thus, a judge neither acts nor purports to act as a judge in receiving a bribe, though the judgment which he delivers may be such an act : nor does a government medical officer act or purports to act as a public servant in picking the pocket of patient whom he is examining, .....

Punjab Roadways, Hoshiarpur and anr. Vs. Smt. Satya Devi and ors.

Court : Himachal Pradesh

Reported in : 1993ACJ1126,AIR1993HP23

..... at all was raised by the defendant and it was contended when the matter was taken to the court of appeals that the judge was not entitled to reduce damages on the ground of contributory negligence because no such matter was in issue and no defence was ..... such an age as to be unable to find for himself or to be naturally ignorant of danger, or where in doing an act which contributed to the accident, he was only following the instincts natural to his age and the circumstances, he is not guilty of ..... was expected in a petition filed by the legal representatives of the deceased under the provisions of the motor vehicles act, was to prove the act of negligence on the part of the bus driver and also to rule out the possibility of any negligence on the ..... understood it is apt to be misleading. it applies solely to the conduct of a plaintiff. it means that there has been some act or omission on the plaintiff's part, which has materially contributed to the damage caused and is of such a nature that it .....

National Insurance Co. Ltd. Vs. Kavita Rani and ors.

Court : Himachal Pradesh

Reported in : I(1993)ACC606,1993ACJ489

..... at after correctly applying the multiplier of 15 to the datum figure of rs. 9,600/-, is not in consonance with the provisions of law. the learned single judge in milap kaur v. secretary, himachal pradesh public works department (irrigation) 1988 acj 372 (hp), after considering catena of decisions of various high courts and english decisions ..... six passengers excluding the driver;the words 'twenty thousand' in clause (b) aforementioned were substituted with words 'fifty thousand'.12. by virtue of section 54 of the amendment act no. 56 of 1969, which came into force on and from 2nd march, 1970, clause (b) was substantially amended and it stood after amendment as under:95. ..... the appellant insurance company before the tribunal. section 94 and section 95, sub-sections (1)(b)(i) and (2)(b) and section 96 of the motor vehicles act, 1939 and the insurance policy [see: section ii-1 thereof and also the limits of liability prescribed), if they are read closely and correctly, jointly and/or severally .....

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 .....