Court : Himachal Pradesh
Reported in : 1951CriLJ17
..... the grounds reveal the smuggling although organised in amritsar district might have been between india and some other country. in any case, smuggling is a two-way traffic and there should certainly have been some indication in the grounds of what kind of smuggling the detenus were alleged to have been engaged in. in the circumstances ..... as a whole has been endangered by the activities of smugglers on the amritsar border. bach cloth is no longer rationed in this country, and although some controls remain on its manufacture and distribution, and export is only permitted under a license, we cannot presume that the smuggling of cloth from india to pakistan by ..... general stated that movement of cloth is prohibited by an order made under the essential supplies (temporary powers) act, 1946 (act xxiv 24. of 1946), which is still in force the fact that movement of cloth is being controlled does not by itself prove that smuggling is affecting the supply of an essential commodity. if movement of cloth .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1951HP36
..... 1939 was passed to consolidate and amend the law relating to motor vehicles in british india. it was an act devised for the regulation and control of motor traffic, and made no provision for the creation of any monopoly in the transport of passengers of goods.'and again:'now it is conceded by the opposite- ..... , was specifically asked for by all the ptnrs. by means of the aforesaid letter ex. 9 dated 19-9-1950 addressed to the chief comr. & provincial transport controller of himachal pradesh. it may be mentioned here in passing that the chief comr. is also the chairman of the provincial transport authority in himachal pradesh. it cannot, therefore ..... even under that of 'local authority', as the definition of that term in section 3 (28), general clauses act, 1897, will show. there were only two ways in which the state government could interfere : it could prohibit or restrict long distance goods traffic & fix fares & freights in any area under section 43, & it could make rules under section 68 .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1962HP52
..... the proper inference, in the case, at any rate, of a commercial corporation, is that it acts on its own behalf even though it is controlled by a government department.11. the facts of the case of r. v. south wales traffic licensing authority, ex parte ebbw vale urban district council reported in (1951) 1 all er 806 ..... were as below:red and white services, ltd., an omnibus company, the shares of which had been acquired by the british transport commission under the transport act ..... owned completely by the government of india and the management of which was entrusted to a board of directors nominated by the president of india and acting under his direction and control. the share capital of the company was rs. three thousand lacs consisting of three lacs of shares valued at rs. one thousand each. the president .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1963HP37
..... contention has to be heard only to be rejected. it could not have been the intent underlying the agreement that the bridge should be kept open to traffic even though it had become dangerous for people to pass over it. the deceased was not a party to the aforesaid contract and in any case the aforesaid ..... harjiwandas, (s) air 1956 nagpur 86 the following observations were made : 'it is not a condition precedent to the maintenance of an action under the act (fatal accidents act) for damages proportionate to the loss resulting to the claimants that the deceased should have been actually earning money or money's worth or contributing to the support ..... the plaintiff sued for damages he had sustained. the defendants admitted the damage but pleaded that they were not responsible as the persons engaged were experts who had acted as independent contractors. it was held that the defendants were not liable for damages. the aforesaid case is clearly, distinguishable from the instant case and is not .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1972HP37
..... any body of persons having legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially act in excess of their legal authority they are subject to the controlling jurisdiction of the king's bench division exercised in these writs.'50. this test requires: firstly, that there must ..... circumstances, the cadre of divisional accountants used in the certificate given by the accountant general is not in order. the accountant general is the appointing authority, controlling authority, and presumably also the disciplinary authority in respect of divisional accountants. they are deputed to serve in himachal pradesh p. w. d. and remain ..... be a power or legal authority to determine questions which affect individual rights given by the law; and, secondly, that the authority concerned must be under a duty to act judicially or .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1981HP75
..... undeserved want. it is a notorious fact that our highways are graveyards on a tragic scale, what with narrow, neglected roads, reckless, unchecked drivers, heavy vehicular traffic and state transport buses often inflicting the maximum casualties. now that insurance against third party risk is compulsory and motor insurance is nationalised and transport itself is largely by ..... as a result of which the front wheel of the jeep collided with a hillock and the rear wheel went out of the road. the driver lost control over the vehicle and the jeep ultimately fell into the nailah. the appellants filed a claim petition claiming rs. 50,000 as compensation from the respondents on ..... been shown to condone the delay. accordingly, the claim petition was held time barred. it was, however, found that the application was maintainable under the motor vehicles act. it was also found by the tribunal that manjeet singh was on duty when the jeep met with the accident.3. aggrieved by the judgment of the tribunal .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1990CriLJ723
..... 13, state of punjab v. harbans lal, kerala high court in (1983) cri lj 1780, state of kerala v. chellappan george and karnataka high court in 1987 cri lj 561, b.s.m. ganganna v. state of karnataka. no case to the contrary has been cited before us directly touching this point.13. mr. s. s. kanwar has referred to ..... court to release a person under 21 years of age. the assistance of the probation officer for supervising the probationers is available to the court under the probation of offenders act. the probation officers, amongst other things, have to make an endeavour to find suitable employment to the offenders placed under their supervision as is clear from section 14 ..... 1980 cri lj 1218, joginder singh v. state of punjab (fb) which is an authority for the proposition that minimum sentence presented under section 61(l)(c) of the punjab excise act is no bar .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1990CriLJ2511
..... can quash such like prosecution under section 482 of the new code of criminal procedure.12. in air 1977 sc 1489 : (1977 cri lj 1125) (state of karnataka v. l. muniswamy), while dealing with section 561-a of the code of criminal procedure, 1898, corresponding to section 482 of the new code of criminal procedure, ..... representations or otherwise, should be deliberate and malicious. simple and innocent expression of opinion, may be an outbrust while making a speech, will not bring the act within the parameters of this provision. the court has to examine and understand the matter from all the facts and circumstances brought before it.8. this offence ..... is appropriate to refer sections 295-a and 298 of the indian penal code and section 196 of the code of criminal procedure:'295-a. deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs. whoever, with deliberate and malicious intention of outraging the religious feelings of .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(1991)ACC229,1991ACJ155
..... means to compensate the person afflicted. in order to meet this contingency the road traffic act, 1930, the third parties (rights against insurers) act, 1930 and the road traffic act, 1934 were enacted in england. a system of compulsory insurance was enacted by the road traffic act, 1930. its object was to reduce the number of cases where judgment for personal ..... accident of truck no. hpm 7087 as alleged? opp.(2) whether the truck no. hpm 7087 was not in a roadworthy condition as it allegedly went out of control due to sudden breakdown of the machinery? if so, its effect? opp.(3) to what amount of compensation are the petitioners entitled and from whom? opp.(4) ..... the course of his employment.8. in d. jayamma v. s. govindaswamy 1982 acj 467 (karnataka), the division bench of the high court of karnataka held that a person who claims compensation under section 110-a of the motor vehicles act has to establish that the accident causing injury or death was due to actionable negligence. but, .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1992ACJ40
..... as it could not be said that the accident occurred out of the use of the motor vehicle. answering this question, the learned judges of karnataka high court said that section 110 (1) of the motor vehicles act states that a state government may, by notification in the official gazette, constitute one or more motor accidents claims tribunals, for such area as ..... the meaning of the phrase 'to use a motor vehicle on a road' appearing in section 35 (1) of the road traffic act, 1930. that was a case where the appellant had been charged under section 35 (1) of the said act for using a motor car on a road on february 7, 1959, without there being in force in relation to the ..... of the case.the court then adverted to the use of the term in certain other provisions of the act and observed that those provisions did not control or limit the connotation of the term 'use' in sections 110 and 110-a of the act. the jurisdiction of the tribunal to deal with this dispute was thus upheld.(11) in chaurasiya & co. .....
Tag this Judgment!