Judgment Search Results Home > Cases Phrase: merchant shipping amendment act 2007 section 4 amendment of section 31 Sorted by: recent Court: himachal pradesh Page 5 of about 154 results (0.046 seconds)

Smt. Bimla Devi Vs. State of H.P. and ors.

Court : Himachal Pradesh

Reported in : AIR2009HP73

..... torts, ratanlal and dhirajlal (edited by justice g. p. singh), referred to hereinabove, holds good. negligence becomes actionable on account of injury resulting from the act or omission amounting to negligence attributable to the person sued. the essential components of negligence are three : 'duty', 'breach' and 'resulting damage'.(2) a ..... reasonable man guided by those considerations which ordinarily regulate the conduct of human affairs would not do. negligence becomes actionable on account of injury resulting from the act or omission amounting to negligence attributable to the person sued. the essential components of negligence, as 'recognized are three: 'duty'. 'breach' and, 'respiting ..... on firm, moral and scientific grounds; (ii) that patients will be better served if the real causes of harm are properly identified and appropriately acted upon; and (iii) that many incidents involve a contribution from more than one person, and the tendency is to blame the last identifiable element in .....

High Court of Himachal Pradesh Vs. Shri Manoj Kumar Bansal and ors.

Court : Himachal Pradesh

..... power and authority to reach a finding of fact or conclusion. but that finding must be based on some evidence. neither the technical rules of evidence act nor of proof of fact or evidence as defined therein, apply to disciplinary proceeding. when the authority accepts that evidence and conclusion receives support therefrom, the ..... shri manoj kumar bansal had decidedthe application without jurisdiction in order to favour shri r.s. parmar, advocate,and thereby committed grave judicial impropriety and thereby acted in a mannerhighly unbecoming of a judicial officer.84.prima-facie the delinquent had no jurisdiction togrant bail in rape case. the bail order on that ..... has been utilizing the services ofofficials for his personal work and harassingthem unnecessarily by misusing his official position and power, which tantamounts to gross misconduct. suchan act on his part is also highly unbecoming of a judicial officer.75. 'it stands proved that shri surender kumar, processserver, used to work in the .....

Jai Pal and ors. Vs. State of Himachal Pradesh

Court : Himachal Pradesh

..... the truthfulness of the case of the prosecution.27. on the scrutiny of the evidence, i find that the official witnesses are trustworthy and their testimonies can safely be acted upon.28. the learned trial court in my opinion has rightly appreciated the evidence in the right perspective and there is no ground to upset the findings of the ..... has been able to prove the case against the appellants in accordance with law. in the present circumstances, there has been a complete compliance of section 50 of the act. the option to the appellants was given in accordance with law. the appellants were made fully aware of their right and each of them consented to be searched by ..... judge (fast track court), kullu, in sessions trial no. 42 of 2007, decided on 23.4.2008, under section 20 of the narcotic drugs and psychotropic substances act, 1985, in short 'the act', for allegedly having in possession of 1 kg. charas each by jai paul and duni chand, 800 grams by ved singh, appellants.2. precisely the case of .....

Gurvinder Singh and Vs. State

Court : Himachal Pradesh

..... in the form of confession. the confession made to the police officer by an accused is not admissible in evidence as per the provisions of section 25 of the evidence act. the prosecution appears to have made a futile attempt to prove the case against the appellants by styling their above statements having been made under section 27 of the ..... original or examine its author.33. further sukhvinder singh is alleged to have disclosed about the present case but his statement recorded under section 27 of the indian evidence act ex.pw3/l and nishandehi ex.pw3/m made on 30.8.2007 is of no avail to the prosecution and also useless as the police already knew the about ..... evidence act to bring out the exception of section 161(1) cr.p.c. the learned trial court should have refused to admit such an evidence which is not inadmissible in .....

Oriental Insurance Company Ltd. Vs. Nanak Chand and ors.

Court : Himachal Pradesh

Reported in : 2009ACJ2240,2008(3)ShimLC518

..... has deposed that the claimant did not approach him nor did he again examine the witness.24. the present case pertains to the claim petition under the motor vehicles act and not a prosecution under the indian penal code. therefore, the degree of proof required to prove a fact is not beyond reasonable doubt but preponderance of probability.25 ..... heard learned counsel for the parties and also perused the record.mr. a.k. sharma has assailed the award for the reason that petition under section 166 of the 'act' was not maintainable as negligence was neither pleaded nor proved and the tribunal erred in holding to the contrary. pursuant to the registration of the f.i.r., ..... driver who is also the owner chose not to lead any evidence and the insurance company, vide order dated 1st march, 2002 was permitted under section 170 of the 'act,' to take all defences and led evidence to prove the same.8. appreciating the material on record, the tribunal held respondent no. 2 to have driven the tractor in .....

Parmod Kumar and ors. Vs. State of H.P.

Court : Himachal Pradesh

Reported in : 2009CriLJ2479

..... 3. under section 342, i.p.c. simple imprisonment for six months, each.--------------------------------------------------------------------------------4. under sections 25/27 of the accused parmod alias prem chand isindian arms act further sentenced to undergo rigorousimprisonment for a period of one year,to pay fine of rs. 1000/- and indefault to further undergo simpleimprisonment for six months.--------------------------------------------------------------------------------2. surinder ..... 4 of 2006, under section 450, 395 and 342 of the indian penal code and appellant parmod kumar additionally under section 25 and 27 of the indian arms act. the sentence imposed on each of the appellant by the learned trial court is as follows:--------------------------------------------------------------------------------sl. sections periodno.--------------------------------------------------------------------------------1. under section 395, i.p.c. rigorous .....

Amit Kohli and ors. Vs. Sumeet Walia and ors.

Court : Himachal Pradesh

Reported in : 2009(1)ShimLC265

..... , allowed the application. the decree holder had been promoted to file an application for initiation of contempt proceedings on the petitioner herein moving an application for amendment of the decree and repeated attempts to agitate and re-agitate settled matters. this petition under article 227 of the constitution has now been preferred challenging the ..... order of the trial-court declining to amend the decree. there is no provision of law which the petitioner herein has not exhausted to delay the execution of the decree whether there is any ..... was preferred by the decree holder-respondent in the court of the learned additional district judge, shimla, under section 15(2) of the contempt of courts act, 1971 for referring the matter to this court for initiating proceedings of criminal contempt. the learned court noticed the entire sequence of litigation from the filing of .....

H.P. Housing Board Vs. Siri Ram Karan and ors.

Court : Himachal Pradesh

Reported in : 2009(1)ShimLC80

..... court by application of section 18 to 26 as is envisaged in section 28-a(3) itself. section 2-a of the local amendment made by the haryana state legislature adopting the amendment made by the legislature of himachal pradesh, manifests that despite the offer made by the collector under section 11, the state is entitled ..... research centre tribals v. gokaran and ors. (2004) 13 scc 125.22. consequently, the person aggrieved or 'any person' envisaged under section 28-a of the act has to necessarily include the beneficiary as the collector has to re-determine the amount of compensation payable to the claimants. the whole object and purpose being that the ..... complete mechanism for determination of the compensation and adjudication of disputes between the parties. the award passed by the land acquisition collector under section 11 of the act is in fact the offer made by the collector, determining the market value of the land and compensation payable to the claimants for acquisition of their land. .....

Deepti Sharma and ors. Vs. State of H.P. and ors.

Court : Himachal Pradesh

Reported in : 2008(3)ShimLC222

..... whether there is direct conflict between the two provisions;(2) whether parliament intended to lay down an exhaustive code in respect of the subject-matter replacing the act of the state legislature; and(3) whether the law made by parliament and the law made by the state legislature occupy the same field.we are of ..... ensuring planned and co-ordinated development of teacher education and for the determination and maintenance of standards for teacher education and for the purposes of performing its functions under this act, the council may:(a) ...(b) ...(c) ...(d) ...(e) lay down norms for any specified category of courses or trainings in teacher education, including the ..... to the norms and standards fixed by the council for admission to b.ed. course.6. it is appropriate to refer to some of the provisions of the act. section 2(1) defines 'teacher education', whereas section 2(m) defines 'teacher education qualifications'. the functions of the council are prescribed in section 12, relevant .....

Smt. Rajo Devi Vs. Kailash Giri Bus Service Society and ors.

Court : Himachal Pradesh

Reported in : 2008(3)ShimLC318

..... vide notification dated 15.1.2005, during the pendency of the present appeal, the state of himachal pradesh amended the rules and specifically made the provisions of order 41 rule 33, cpc applicable to the proceedings under the act. this was especially done so after the decision of a full bench of this court in lata v. ..... united india insurance company (supra). admittedly, the decision rendered by this court in shri waheguru singh (supra) is prior to the said amendment and would be of no relevance.26. ..... and substantial justice. the humanist rule that procedure should be the handmaid, not the mistress, of legal justice compels consideration of vesting a residuary power in judges to act ex debito justiciae where the tragic sequel otherwise would be wholly inequitable. justice is the goal of jurispru-dence-processual, as much as substantive. [see sushil kumar .....