Court : Himachal Pradesh
Reported in : 2007(1)ShimLC46
..... rajendra k. tandon : [1998]2scr470 . in this case the apex court was dealing with the similar provisions under section 14-c of the delhi rent control act wherein an employee who has retired or is about to retire can obtain immediate possession of the tenanted premises owned by him. the supreme court held as follows:in ..... evidence, that is, for the purpose of ascertaining whether the conclusion arrived at by the rent controller is wholly unreasonable or is one that no reasonable person acting with objectivity could have reached that conclusion on the material available. ignoring the weight of evidence, proceeding on wrong premise of law or deriving such conclusion for ..... building, for his own occupation, there shall accrue, on and from the date of such application to such specified landlord, notwithstanding anything contained elsewhere in this act or in any other law for the time being in force or in any contract (whether expressed or implied), custom or usage to the contrary a right .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(3)ShimLC381
..... the period october 1, 1991 to august 31, 1992. the removal was found to be in violation of the provisions of section 25-f of the industrial disputes act. the tribunal following the decision of the apex court in delhi development horticulture employees' union v. delhi administration reported in : (1992)iillj452sc , directed to pay ..... discussion is that the petitioner had completed 240 days preceding his retrenchment and was entitled to get the protection of section 25-f of the industrial disputes act, 1947. accordingly the retrenchment of the petitioner by the respondents board is declared void ab initio and the petitioner in normal circumstances was entitled to be ..... that since he had completed 240 days preceding his retrenchment from 23.9.1978. he was entitled to protection under section 25-f of the industrial disputes act, 1947. the employer i.e. respondent board had taken preliminary objection of delay in raising the dispute. the petitioner had appeared as witness before the labour .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(1)ARBLR551(HP),2007(1)ShimLC90
..... solan did not have the territorial jurisdiction and the courts at delhi had the exclusive jurisdiction to try the aforesaid arbitration application under section 34 of the 1996 act. even otherwise on a perusal of the impugned judgment, i myself find that the learned court below has rightly decided issue no. 2 against the petitioners ..... specifically and expressly held that the courts at delhi had exclusive jurisdiction to deal with the subject-matter of the petition filed under section 34 of the 1996 act and, therefore, the courts at solan did not have the territorial jurisdiction to try the said application. in para 20 of the impugned judgment, under the ..... .k. jain, advocate, delhi high court on various grounds. in the reply filed by respondent no. 1 to the said application under section 34 of 1996 act, amongst various defences raised, respondents took the preliminary objection with respect to the territorial jurisdiction of the court by contending and submitting that the court at solan did .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(3)ShimLC49
..... workmen's entitlement and then proceed to compare the benefit so adjudicated on that basis in exercise of its power under section 33-c(2) of the act. it is only when the entitlement has been earlier adjudicated or recognised by the employer and thereafter for the purpose of implementation or enforcement thereof some ambiguity ..... workmen's entitlement and then proceed to compute the benefit so adjudicated on that basis in exercise of its power under section 33-c(2) of the act. it is only when the entitlement has been earlier adjudicated or recognized by the employer and thereafter for the purpose of implementation or enforcement thereof some ambiguity ..... primarily taken two pleas, firstly that the labour court had no jurisdiction to adjudicate upon the application preferred under section 33-c(2) of the industrial disputes act, 1947 since the amount was not pre-adjudicated upon either by way of award/agreement/settlement and secondly on the ground that respondent was engaged as a contractor .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(3)ShimLC157
..... 1st class, manali, district kullu, h.p. in criminal complaint no. 388-1/99/95, acquitting the respondent under sections 32, 33 of the indian forest act (for short, the act).2. the prosecution case in brief is that on 1.9.1993 nand lal, forest guard of patli kuhal beat was intimated through application that respondent-accused ravi kumar ..... did not pay. after completion of the investigation, challan was put up against the respondent and notice of accusation was put to him under sections 32, 33 of the act, to which he pleaded not guilty and claimed trial.3. the prosecution examined five witnesses, the respondent was examined, under section 313 cr.p.c. in which he ..... held in state of h.p. v. tara chand and ors. 1994 (4) slj 3333 that confessional statements recorded by forest officials are hit by section 25 of evidence act. in the present case also alleged confessional statements ex. pa and ex. pw 2/a are recorded by forest officials, therefore, these cannot be used against respondent. it has .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(3)ShimLC274
..... beyond the scope of agreement, if so, how and its effect? opp.4. whether the objections filed by the petitioner are maintainable under section 34 of the arbitration and conciliation act, 1996? opp.5. whether the contractor is not a private limited company, as alleged, if so, its effect? opp.6. relief.9. i have heard the learned counsel ..... the tender. under these circumstances, it cannot be said that the award of the arbitrator is not inconsonance with the provision of section 31 of the arbitration and conciliation act, which says that the award has to be a speaking one. whether the reason given by the arbitrator is valid or not is a different matter, but the fact ..... treated as part of the tender/agreement, is perverse. the arbitrator having not treated this letter and the detail submitted therewith as part of the tender/agreement, has acted illegally and beyond the scope of the agreement and thus his award is against the public policy of india within the meaning of section 34(1)(b)(ii) of .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(3)ShimLC469
..... the judgment in chuhniya devi v. jindu ram's case (supra), we have no doubt that the jurisdiction of the civil court is barred under the act if the dispute pertaining to the relationship of landlord and tenant arises during the relationship of landlord and tenant arises during the proceedings of conferment of proprietary rights ..... the present case and have come to the conclusion that the legislature has envisaged a complete code in the provisions of the h.p. tenancy and land reforms act, 1972, inter alia, for effectuating purpose of land reforms and has ruled out determination of any question connected therewith by the civil court.the answerour answer, ..... it was submitted that defendant was earlier tenant at will on payment of rent but after coming into force of h.p. tenancy and land reforms act, 1972 (for short 'act') has become owner of the suit land. the wrong entries were corrected during the consolidation operation in presence of the plaintiffs. the mutation conferring proprietary .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(3)ShimLC510
..... made by learned counsel for the respondents were that scope of section 34 of the act as amended was very much limited since the earlier plea of misconduct also could be considered but now according to section 34 of the ..... mines and minerals ltd. v. eastern engineering enterprises and anr. : air1999sc3627 , shows that the provisions of section 30 of the previous act was considered by their lordships and it was observed that in order to decide whether arbitrator has exceeded his jurisdiction, held, reference to the ..... then the court cannot set it aside merely because another view was possible. it was held that test to determine whether arbitrator acted in excess of jurisdiction or not. the court has to examine some documents including the contract and reference of the dispute to ..... act the only ground which can be taken is that the award was against public .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(3)ShimLC357
..... . the age or capacity of the person conferring the benefit and the nature of the benefit are of very great importance in such cases. section 111 of the evidence act, 1872 applies equally to all persons standing in confidential relations with each other. agents, trustees, executors, administrators, auctioneers and others have been held to fall within the ..... that the said document was executed by her after clearly understanding the nature of the transaction. it should be established that it was not only her physical act but also her mental act. the burden can be discharged not only by proving that the document was explained to her and that she understood it, but also by other evidence ..... initial burden that the transaction was a result of breach of the confidence inter se between the parties. the execution of the gift deeds was not a voluntary act. consequently, the suit was decreed vide judgment and decree dated 20.8.1994 and the gift deeds dated 22.2.1986 were held to be void and ineffective .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2008ACJ942
..... the compensation amount. before 9.7.2003, there was no finding of the commissioner regarding the payment of compensation to the claimants.10. the act, however, makes it obligatory on the employer to pay compensation when it fell due. the compensation falls due as soon as personal injury ..... order dated 6.8.2003, has imposed 50 per cent penalty on compensation amount on the employer, under section 4-a (3) (b) of the act, as follows:--------------------------------------------------------------------------------sl. case no. & particulars compensation penalty atno. the rate of 50 per cent--------------------------------------------------------------------------------1. f.a. no. 3 of 2001 deceased rs ..... claim within stipulated period. employer filed reply to the show-cause notice and has submitted that the employer had denied the liability under the act from the very beginning which was based upon law and there was justification for the denial. the claimants were informed their right to move .....
Tag this Judgment!