Court : Himachal Pradesh
Reported in : 1998ACJ42
..... of liability of insured's employee under the workmen's compensation act.13. the result of above discussion is that we do find merit in these appeals and these are allowed to the extent that the insurance companies, the appellants ..... 1992 acj 76 (orissa) and new india assurance co. ltd. v. guddi 1994 acj 1134 (mp), wherein the learned judges have enlarged the definition of 'employer'. further, no doubt, under section 96 of motor vehicles act, it is the duty of insurer to satisfy the judgment against persons insured, but this principle cannot be invoked in the case ..... is liable to indemnify the insured for the penalty and interest awarded against him under sub-section (3) of section 4-a of the workmen's compensation act, 1923 (hereinafter called 'the act')?2. in f.a.o. (wca) no. 106 of 1993 the claimants-respondents are parents of the deceased shafiq mohammad, who was employed as driver .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1997CriLJ2765
..... son reached the scene of occurrence. however, in the statements both these witnesses have stated that the deceased came from shop and made inquiries from ramji as to why he was hurling abuses and hitting his mother with stones. in these circumstances, the statements of pws i ..... well as throwing stones, then he asked garibo devi, mother of the appellant, as to why he (appellant) is indulging in these acts. at such point of time, the appellant is stated to have brought bharota (an agricultural implement for breaking big blocks of earth) and ..... point out that when the complainant party came to the house of the appellant, the appellant and his other family members appear to acted in right of their private defence.8. it has also been proved on record that relu ram and appellant had sustained injuries. ..... goel, j.1. this appeal is filed by ramji against the judgment passed by shri janeshwar goel, sessions judge, hamirpur in sessions case no. 1 of 1989 dated 30-3-1991. by means of impugned judgment, .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (1997)IIILLJ866HP
..... with the duties of board. section 14 provides that a court shall ordinarily decide the matter referred to it within six months of the commencement of the inquiry. section 15 directs that the labour court, tribunal or national tribunal shall decide the industrial dispute referred to it expeditiously and within the period specified in ..... this court by virtue of the present second appeal. it is contended that in arriving at the conclusion that civil court had no jurisdiction, the learned district judge has misconstrued the law. the questions whether the plaintiff was a workman and whether the defendant is an industry - were questions of fact which required determination ..... dispute' within the meaning of section 2 (k) of the act. the machinery provided by the act for resolution of such dispute would, therefore, apply and civil court would have no jurisdiction.23. a similar question also came up for consideration before a learned single judge of this court in himachal khadi mandal and anr. v. om .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1997HP51
..... balances. 25........... ' the information provided to the stategovernment regarding the alleged behaviour of the executive council emanated mainly from the inquiry report-of late mr. justice chel ram thukur, retired high court judge who has highlighted the misuse and arbitrary exercise of powers by the executive council in a number of cases. some of ..... already made a reference to the provisions of section 50 of the state of himachal pradesh act. it is needless to point out that the provisions of the himachal pradesh general clauses act, 1968 as amended by the himachal pradesh act no. 18 of 1971 would also enable any court to interpret the provisions of the amended ..... act in the proper perspective. hence, the contention is rejected.(f) ultra vires the constitution and (g) .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1998ACJ1124
..... . 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 .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [1999]95CompCas194(HP)
..... the present case the principal amount has been paid and the payment of interest is being disputed and, therefore, on the ratio of the aforesaid citations the company judge could inquire into the rate of interest and the liability of the respondent-company to pay that interest.21. it may not be out of place to mention ..... b. laboratories ltd. [1989] 66 comp cas 232 (all) the following observations are very much relevant (headnote) :'after service of notice under section 434 of the companies act, 1956, to the respondent-company, calling upon the company to pay its debt to the petitioner, amounting to about rs. 2.22 lakhs, with interest at 18 per c ..... notices dated january. 10, 1991, and august 1, 1992, calling upon the respondent to liquidate the liability and treating the notice under section 434 of the companies act was issued clearly indicating that upon failure to liquidate the liability, winding up petition would be initiated. however, the notice was refused to be taken by the respondent. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(1998)ACC622,1998ACJ1268
..... in anand samp sharma v. p.p. khurana 1989 acj 577 (delhi), a full bench of the delhi high court has taken an almost similar view. a learned single judge of this court in kama devi v. dayal singh 1991 acj 336 (hp), while following the view taken by delhi high court has held as under:(13) a contract ..... it has been held that the sale is complete despite the transferee having failed to get the registration transferred by the registration authority under section 31 of the motor vehicles act, 1939, unless there is a contract to the contrary between the transferee and the transferor. the moment the possession of the vehicle together with documents is delivered, title ..... it lapses, inasmuch as the vehicle is the subject-matter of the very foundation of contract of insurance. neither section 96(1) nor section 96(2) of the act results in a policy of motor insurance being continued to operate and not lapse, notwithstanding the fact that the insured during the currency of the policy has parted with the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : II(1998)ACC297,1999ACJ661
..... original insured, respondent no. 5, in favour of the appellant prior to the accident, the learned tribunal has placed reliance on the ratio laid down by a learned single judge of this court in kanta devi v. dayal singh 1991 acj 336 (hp).14. it is significant to note that the ratio, on which reliance has been placed by ..... another aspect of the case. the defence that policy had lapsed because of sale of the vehicle is not available to the insurance company under section 149 (2), motor vehicles act, 1988 [see: lalita prabhakar's case, 1998 acj 1124 (hp)].21. the learned tribunal, therefore, committed an error in absolving the insurance company, respondent no. 4, of ..... p) ltd. v. new india assurance co. ltd. 1996 acj 65 (sc), has held that in respect of the third party risks, section 157 of the motor vehicles act, 1988, provides that the certificate of insurance together with the policy of insurance described therein 'shall be deemed to have been transferred in favour of the person to whom the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1999ACJ1305
..... third party risk will not become unlimited or higher than the statutory liability in case of a comprehensive policy under section 95 (2) (a) of act no. 4 of 1939. in arriving at the conclusion, the learned judges placed reliance on national insurance co. ltd. v. jugal kishore, 1988 acj 270 (sc). in national insurance co. ltd. v. faqir chand, ..... v. jasoda mohanta, 1997 acj 284 (orissa). in amrit lal sood v. kaushalya devi thapar, 1998 acj 531 (sc), the hon'ble judges dealing with the provisions of sections 94 and 95 of the motor vehicles act, 1939 held that under the policy insurer agreeing to indemnify the insured against all sums which the insured shall become legally liable to pay ..... in the accident was not a passenger in the vehicle for hire or reward within the meaning of the act, is not tenable. in new india assurance co. ltd. v. usha rani, 1990 acj 785 (hp), the learned single judge of this court has held that when a hirer of goods vehicle is travelling by the same vehicle along .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1999HP31
..... ltd. and others for the recovery of loan amount. execution petition under section 31 of the state financial corporations act, 1951 came to be filed by the appellant-corporation against the judgment-debtors in the court of district judge, sirmour district at nahan. sh. n. a. sheikh, advocate was appointed as court auctioner by the court ..... mortgaged property for rs. 12,14,000/- in favour of auctioner purchasers s/shri onkar singh and narinder singh and submitted his report to the learned district judge. the decrec-holder-judgment-deblors-appellants herein filed objection petition under order 21 rule 90 cpc against the sale of the property. the appellant-himachal pradesh financial ..... injury was the result of the material irregularity or fraud.'9. in hotel nataraj v. karnataka state financial corporation, air 1989 kant 90 the learned single judge of the high court held that grievance as to illegalities in holding auction sale and as to inadequacy of price fetched, the powers of the high court .....
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