Court : Himachal Pradesh
Reported in : 2000ACJ842
..... mentioned in section 96 (2).11. in shankarayya v. united india insurance co. ltd. 1998 acj 513 (sc), the hon'ble judges of the apex court while dealing with the provisions of section 170 of the motor vehicles act, 1988 which deals with impleading the insurer in certain cases which is pari materia to section 110-c (2-a) (i) and ..... national insurance co. ltd. v. kamarjahan 1995 acj 1150 (mp), a division bench of the gwalior bench while considering the applicability of section 110-c (2-a) of 1939 act held that the provisions of this section are attracted in both situations where insurer is already a party and where on being noticed it is made party during pendency of ..... the case of the death must be legal representatives of the deceased. under section 110-b of 1939 act a duty is cast upon the tribunal on receipt of the application for compensation made under section 110-a to hold an inquiry into the claim and make an award determining the amount of compensation which appears to it just and .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2000CriLJ1591
..... is non-existent in the f. i.r. ext. pa. to treat such manipulative evidence as corroborative piece of evidence as done by the learned sessions judge, is utterly unsafe and hazardous. this circumstance further shows that the investigation in the case has not been fair which renders the entire prosecution case as highly suspicious ..... he saw the accused having sexual intercourse with the prosecutrix on the path and when he called the accused loudly as to why he was committing sexual act with the prosecutrix, the accused ran downwards. he has further stated that he was informed by the prosecutrix that the accused committed the sexual intercourse with her ..... victim of such cases is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no difficulty to act on the testimony of a victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable. seeking corroboration .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(2000)ACC148,2001ACJ127
..... from whom? ... opp(4) award/relief.6. the parties went to trial and led their oral and documentary evidence to substantiate their respective claims and counterclaims. the judge of the tribunal on an appraisal of the entire evidence on record, recorded findings on issue no. 1 against driver of the van holding him negligent in driving the ..... consideration in this appeal are, firstly, whether the appellant company is entitled to invoke the provisions of section 96 (2) (b) (i) (a) of the said act, and, secondly, whether the above quoted exclusion clause in the insurance policy absolves the appellant company of any liability in the present case.12. in order to appreciate the ..... the person driving the vehicle and that more than permitted number of persons cannot be carried in goods vehicle is not a condition permitted as exclusion clause by the act as such, whereas sub-clause (i) specifically stipulates the breach of a condition mentioned in clause (a) as one of the grounds on which the insurer .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(2000)ACC257,2000ACJ1060
..... escape the liability so far as third parties are concerned on the ground that he had not actually authorised the particular manner in which the act was done. in that case, the learned judges found that the driver of the vehicle had been fully authorised to drive the jeep for a purpose connected with the affairs of the ..... which he would have received even apart from accidental death as such pecuniary advantage would have no correlation to the accidental death for which compensation is computed. the learned judges also held that an employee contributing to a provident fund his heirs are entitled to the amount of the fund irrespective of the accidental death. similarly, the heirs ..... sc), held the state liable to pay the amount of compensation to the claimants in that case for the inaction of the driver. in pushpabai's case (supra) the learned judges following the view expressed by lord denning in young v. edward box and co. ltd. (1951) 1 tlr 789, held: 'the passenger was a trespasser, so far .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(2000)ACC365,2000ACJ944,[2000(86)FLR406],(2000)ILLJ1456HP
..... intention of the parliament to the contrary. section 53, as it is in force, presently, has been enacted by way of substitution by the central act 44 of 1966 with effect from january 28, 1968, for the then existing section. a careful perusal of the previous section 53, as it existed prior to its substitution, would disclose that it not ..... high court of bombay by means of a writ petition, which was dismissed by the learned single judge summarily on the ground that the management had an alternative remedy by way of an appeal under section 30 of the workmen's compensation act. the management then preferred an appeal. the division bench held that in view of the bar ..... and not to the case where the claimants came to the forum under the workmen's compensation act without availing or claiming any benefit under the employees' state insurance act.9. the decision in 1987 acj 983 (supra) of the learned single judge of the madhya pradesh high court in our view will be of no relevance when the question .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2000CriLJ468
..... in order to bring home the offence against the accused, examined eleven witnesses in all. one witness was examined by the accused in defence.9. the learned sessions judge, upon consideration of the evidence led before him, came to the conclusion that the offence under section 307, indian penal code stood proved against the accused beyond all reasonable ..... the accused is lacking. thus for the purposes of this offence what is material is the intention or knowledge and not the consequence if the actual act done for the purpose of carrying out that intention. intent essentially implies purpose and attempt is an actual effort made in execution of the purpose. therefore, an ..... c, which defines murder, is there, then it is immaterial whether or not any hurt was caused to the victim by the accused. in other words, an act though sufficient in the ordinary course of nature to cause death would not constitute an offence under this section if the necessary intention or knowledge on the part of .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (2000)IILLJ1355HP
..... publication.'3. the petitioners have contended in these proceedings that the finding regarding reinstatement of the workmen, payment of back wages and quashing of the entire inquiry against the workmen being wholly unsustainable etc., were upheld by this court. the award of the labour court was said to have been published in h ..... the averment contained in the petitions are being disputed by the respondents who are petitioners in these contempt petitions and in such circumstances, the learned judges were unable to entertain those applications which were filed after the disposal of the writ petitions for modification of the orders passed in the writ petitions ..... . their services were terminated by the management and government of himachal pradesh referred industrial dispute to the labour court under section 10 of the industrial disputes act, 1947 for its adjudication. the labour court quashed the termination of the petitioners as well as other co-workmen vide award dated december 7, 1996 .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2000CriLJ1970
..... beating and pushing him, thereafter entering the office room of pw-4 tarsem lal and beating up other officers. pw-4 tarsem lal has stated about his making inquiries about the blowing of the siren from n.c. patyal, coming to know that atma ram had blown the siren forcibly, and that the accused had closed ..... rs. 500/- each failing which they were to suffer simple imprisonment for three months.7. feeling aggrieved by the impugned judgment passed by the learned additional sessions judge, the accused-petitioners have preferred the present revision petition.8. i have heard the learned counsel for the petitioners/accused and the learned additional advocate general for ..... which they have been convicted and sentenced.13. the most material witnesses examined in the case are those who have given the eye-account of different offending acts of the accused persons and the doctor who medically examined those who sustained injuries due to the dragging and beating by the accused persons. such witnesses are .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2000HP130
..... khasra no. 4343/3820 and that it has been done so wrongly by forging the karukans of the field of the plaintiff and the matter is under inquiry with the settlement authorities. it has further been claimed that the foundations have been dug at the spot and that the defendants have a right to do ..... be allowed in the interest of justice.28. by the said application the defendants wanted to produce copies of the revenue papers/records. the learned additional district judge dismissed the application on the grounds that the 'additional evidence' would not serve any purpose rather prolong the proceedings, the defendants had throughout been negligent and if ..... perform the function in accordance with the instructions and guidelines, which have been issued by the financial commissioner under the powers contained in section 106 of the act meticulously without any deviation therefrom, since it also affects valuable rights of the estate right holders. the report of demarcation on the face of it must show .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2000CriLJ4879
..... tutoring veena devi to make these dying declarations. according to the learned state counsel both the dying declarations inspire confidence and these have been rightly acted upon by the learned trial judge in convicting the appellant. he next contended that a statement by a victim recorded before his death as f.i.r. can also be ..... considered view that veena devi made statements to the investigating officer and sub-divisional magistrate in a fit condition as opined by the doctor and the trial judge has rightly relied upon and accepted the dying declarations holding the appellant responsible for dragging his wife veena devi to commit suicide and, therefore, no fault ..... in the mariner noted earlier.9. feeling aggrieved, the appellant has filed the present appeal assailing the correctness and validity of the judgment and order of the trial judge.10. i have heard mr. ashutosh burnathoki, learned counsel for the appellant and mr. j. k. verma, learned asstt. advocate general for the state. before .....
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