Court : Himachal Pradesh
Reported in : (1998)2CompLJ99(HP)
..... had in the said case registered the reference of m/s. kanwar papers pvt. ltd., registration of reference was held to amount the pendency of inquiry, as contemplated under section 16 of the act. 9. in the result, the application is allowed and further proceedings in the company petition no. 4 of 1992 are stayed till further orders reserving ..... be not advertised. 5. learned counsel for the applicant in support of his submissions that once a reference made under section 15 is duly registeredit would mean that inquiry under section 16 is pending before the court and in view of section 22 of the aet, proceedings for winding up, if any, ha veto be stayed has ..... placed reliance upon the judgment of a single judge of allahabad high court in industrial finance corporation of india v. maharashtra steel ltd., air 1988 all 170. in holding so, after examining the act, it was held that the reference made, when on consideration is registered, the board cannot thereafter .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1994ACJ12
..... , we think that a sum of rs. 30,000/- would be the just amount of compensation instead of rs. 5,000/- awarded by the learned single judge.30. learned single judge did not consider the question of enhancement of compensation under the head pleasures of life, which the claims tribunal had restricted only for a period of three years. ..... was neither proved in accordance with law, nor tendered in evidence. this submission deserves outright rejection. no objection was taken by the counsel for the parties when learned single judge took note of the copy of insurance policy, which had been filed on the record of the claims tribunal on 11th october, 1974. on behalf of the claimant ..... . since section 95 of the act did not require that policy of insurance should cover risk to the passengers, who are not carried for hire or reward, the learned single judge was right in holding that the insurance company in the instant case was not liable to indemnify the claim. in view of the judgment in pushpabai's case .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1994ACJ380
..... of rs. 15,000/- for each individual passenger.consequently, while partly allowing the appeals, we modify the award of the claims tribunal as upheld by the learned single judge of this court by holding that the claimants shall be entitled to recover the amount of compensation from the owner, driver and the insurance company, subject to the ..... air 1967 punj & har 486) (fb) (supra) was relied in a later judgment of the same high court in oriental fire & general insurance co. v. kasturi lal, 1968 acc cj 227. following the view held by full bench of punjab and haryana high court relied on in kasturi lal's case (supra) and that of madhya pradesh high ..... of the following observations made by the supreme court in new asiatic insurance co. ltd. v. pessumal dhanamal aswani, air 1964 sc 1736 (para 21) : 'the act contemplates the possibility of the policy of insurance undertaking liability to third parties providing such a contract between the insurer and the insured, that is, the person who effected the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1994CriLJ2423
..... guilty to the charge and only stated in his statement under section 313 of the code of criminal procedure that he was innocent.7. the learned additional sessions judge, believed the prosecution witnesses and held the accused guilty for the commission of the offence punishable under section 307 of the indian penal code and sentenced him ..... the victim of the assault should be sufficient under ordinary circumstances to cause the death of the person assaulted. what the court has to see is whether the act, irrespective of its result, was done with the intention or knowledge and under circumstances mentioned in this section. an attempt in order to be criminal need not ..... there is present an intent coupled with some overt act in execution thereof.'24. the evidence and the circumstances of the case discussed above do not leave the least doubt that the accused intended to commit the murder of his brother pw-2. the learned additional sessions judge has discussed the evidence and has given reasons for .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1994ACJ505
..... enjoyment of life. since damages for it are assessed, keeping in view the facts and circumstances of each case, by the nature of evidence led and experience of the judge awarding damages, we may refer to a few judgments as a guide for assessing damages under this head.29. in a.s. rajara v; joitaram rawabhai patel 1982 ..... prior to 1st november, 1966, formed part of union territory of himachal pradesh. in those areas, which were merged, on coming into force of the punjab reorganisation act on and from 1st november, 1966, with union territory of himachal pradesh by taking out those areas from the state of punjab, the punjab motor vehicles rules are applicable ..... accidents claims tribunals rules, 1960, framed by the authority of the lt. governor of himachal pradesh in exercise of powers conferred by section 111-a of the motor vehicles act, 1939, as published in the himachal pradesh rajpatra (extraordinary) on 25th november, 1960, at page 275 are in operation in that part of the state of himachal .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1996HP38
..... that part of the record which relates to other persons. disputes arising between the making, revision or preparation of any record or in the course of any inquiry under chapter iv of the act as to any matter or which any entry is to be made in record or in register of mutations are to be decided in the manner laid under ..... , in order to judge the authenticity of the abovesaid version put forth by the petitioners, as also in order to appreciate the rival contention of the parties in view of the claim and counter ..... whom allegations are made come forward to place before the court either the denials or their version of the matter so that the courts might be in a position to judge whether the onus that lay upon those who make such wild allegations on the part of the authorities, has been discharged in proving it. it is in these circumstances that .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1995CriLJ1401
..... as to why he had not handed over the articles to his daughter, who had proceeded against him in the court of chief judicial magistrate, nahan. on this inquiry, the accused is stated to have used abusive language, labelling him to be a 'beiman' and 'badmash'. the complainant controlled himself, otherwise there would have been ..... section 204 of the code, this court is not precluded from going into the allegations and the preliminary evidence adduced by the complainant in the trial court nor judge whether summons have rightly or wrongly been issued. i have carefully scanned through the allegations and also the preliminary evidence. to my mind, there exists a ..... is liable to be set aside. learned counsel for the petitioner further submits that an application for grant of maintenance under the muslim women (protection of rights) act, 1986 (act no. 25 of 1986) has been filed in the court of learned chief judicial magistrate at nahan by the daughter of the petitioner against the respondent for .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1995CriLJ800
..... has been committed. it is wrong to suppose that the police have an unfettered discretion to commence investigation under section 157 of the code. their right of inquiry is conditioned by the existence of reason to suspect the commission of a cognizable offence and they cannot, reasonably, have reason so to suspect unless the f. ..... appeals. we do not propose to finally pronounce on these vital points. on an oral appeal, the appellate bench modified the order made by the learned single judge and the injunction restraining investigation was vacated. however, the investigation officer was directed not to detain the writ petitioner i.e. respondents nos. 1 and 2 more ..... code.... 16. this reported case was pertaining to the violation of section 3 of the prize chits and money circulation schemes (banning) act, 1978, punishable under section 4 of the said act. it was held that the fir itself did not disclose any offence against the accused persons and with that background quashing of investigation by .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1995CriLJ124
..... legally justified.112. in view of the foregoing reasons, criminal appeal no. 4, of 1992 is dismissed and conviction and sentence passed by the addl. sessions judge against the appellant therein are maintained.113. however, the acquittal of accused bajinder singh is quashed and as a consequence thereof criminal appeal 277, of 1992 ..... that whatever this roshan lal deposed was altogether false inasuch as in a criminal trial even statements of witnesses, who are not totally reliable, can be acted upon where they are corroborated by other reliable evidence.96. regarding the eye witnesses the sole attack has been their inimical relations with the accused. in ..... various other factors essential for appreciation of evidence. the court while giving 'benefit of doubt' under the proved circumstances in favour of the accused has to act in a most steady manner so as to come to a definite conclusion that particular circumstances proved on record adversely affect the prosecution case in connnnecting the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1995HP103
..... sustain the jurisdiction of the civil court. where there is no express exclusion the examination of the remedies and the schemeof the particular act to find out the intend-ment becomes necessary and the result of the inquiry may be decisive. in the latter case it is necessary to see if the statute creates a special right or a liability and ..... j. 1. this is plaintiffs appeal against the judgment and decree passed on 10th november, 1982 by the district judge, kangra at dharamshala dismissing his appeal and thereby affirming the judgment and decree passed on 16th june, 1980 by the senior sub-judge, kangra at dharamshala. 2. the plaintiff claimed a decree for declaration that defendants nos. i and 2 are ..... in making an order of remand directing the lower appellate court to hear and decide the appeal on merits. parties are directed to appear before the court of district judge, dharamshala on 9th may, 1994, who will register the appeal on its original number and dispose of the same expeditiously. .....
Tag this Judgment!