Court : Himachal Pradesh
Reported in : 2008(3)ShimLC44
..... assistance to this court.5. an important question arises in this petition with regard to the interpretation of order v, rules 9 and 19 cpc after their amendment by the cpc (amendment act, 2002) which amendment came into force with effect from 1.7.2002. service of the defendant is dealt with under sections 27 to 29 of the code of civil procedure ( ..... appreciate the important question which arises in this appeal, it would be first being appropriate to deal with the unamended provisions of the cpc. prior to the promulgation of the amendment act, order v, rules 9, 19-a and 21 of the unamended cpc prior to 1.7.2002 read as follows:9. delivery or transmission of summons for service.-(1) ..... is more than one judicial officer, the processing serving agency or the proper officer is under the control of one court.7. rule 15 which was inserted by the amendment act 104 of 1976 provided that the service could also be effected on an adult member of the defendant's family. rule 19-a was also inserted vide .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2009CriLJ36
..... of offence, but in the meantime he was interrupted by the calls of the mother of the prosecutrix and fled away from the spot. thus, series of acts inevitably leads to the commission of the offence which the appellant neither foresaw nor intended, happens to prevent this. therefore, for the circumstances explained above, there is ..... to do something with the intention of committing the offence and which is a step towards the commission of the offence. the moment he commences to do an act with the necessary intention, he commences his attempt to commit the offence. this is what exactly provisions of section 511 ipc require. appellant in this case, has ..... of, its actual commission or consummation/completion. it may consequently be defined as that which if not prevented would have resulted in the full consummation of the act attempted. the illustrations given in section 511 clearly show the legislative intention to make a difference between the cases of a mere preparation and an attempt.11. in .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2008(3)ShimLC310
..... orders and the application was thus within time. it was submitted that the courts have upheld the legal fiction that applications under section 31 of the state financial corporation act are treated in the nature of execution proceedings. in support of this submission the learned counsel referred to gujarat state financial corporation v. natson . it was observed ..... agreement of hypothecation was prepared on 22.6.1989 and 27.10.1990 itself. the equitable mortgage was created under section 58(f) of the transfer of property act, 1882 by depositing the title deeds of the property of the petitioner concerned. mortgaged hypothecated moveable assets were sold on 28.10.1995 for rs. 0.70 lacs ..... (s) of hypothecation deeds were prepared on 22.6.1989 and 27.10.1990, besides creating equitable mortgage under section 58 (f) of the transfer of property act, 1882 by depositing the title deed of the properties of the petitioner concern in favour of the corporation vide letters dated 22.6.1989 and 27.10.1990. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2008(3)ShimLC33
..... stand-point of policy and expediency. the habit of mind of an executive officer so formed cannot be expected to change from function to function or from act to act. so it is essential that some restrictions shall be imposed on tribunals in the matter of passing orders affecting the rights of parties; and the least ..... conclusion that reasons form the core of any decision which protect not only the citizen from the arbitrary action but also the decision maker from the charge of having acted in a motivated fashion.11. the principle of law finds expression in nirbaran chandra bag v. mahendra nath ghughu (deceased), after him his heir and legal representative ..... of charge to justify their conduct, these six members have preferred to shift the onus on the then managing director, registrar, government nominees, etc. for their acts of omission and commission in discharge of their duties imposed on them as the members of the board.18. this clearly indicates abandonment of statutory duties. if the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2008(2)ShimLC498
..... petition are that the respondent-landlord, hereinafter referred to as the landlord for convenience sake, has filed a petition under section 14 of the h.p. urban rent control act, 1987 against the petitioners-tenants, hereinafter referred to as the tenants for convenience sake, in the court of learned rent controller, court no. 3, shimla.3. ..... the petitioner has no locus standi to file the present petition, as alleged? opr6. whether the petitioner is estopped from filing the present petition on account of his own acts, deed, conduct, etc. as alleged? opr7. relief.the learned rent controller has recorded the following findings on the issues framed:issue no. 1: yes.issue no. ..... rent is payable for any premises and includes-(a) such sub-tenants and other persons as have derived title under a tenant before the coming into operation of this act; (b) any person remaining, after the determination of the lease, in possession, with or without the assent of the landlord, of the premises leased to such .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2010ACJ135,2008(2)ShimLC484
..... likely to be construed contra proferentem, that is, against the company in case of ambiguity or doubt.19. further in united india insurance co. ltd. v. great eastern shipping co. ltd. : air2007sc2556 , the apex court has held that in case of interpretation of policy if two views are possible, then the one which favours the policy holder ..... be permitted to turn around and deny the legitimate claim defeating the object and purpose of the scheme.25. the insurance company is a state and ought to have acted in a fair and just manner. their actions are absolutely arbitrary, unreasonable and unjustifiable. it ought to have come forward and accepted the claim as per the scheme ..... same. as per the post-mortem report the alcoholic contents were only 345 mg. unfortunately, he was murdered by his neighbours, two of whom were juveniles. no act resulting into death, is attributable to the employee.16. natural meaning is to be given to the intention of the parties and the contents of agreement. if there .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2008(3)ShimLC167
..... in question i.e. 79/1, lower bazar, shimla falls in core area. the state government had issued another notification dated 22nd august, 2002 whereby further amendment was carried out in the interim development plan. it is evident from the notification dated 22nd august, 2002 that new construction in core area in respect of residential ..... for addition/alteration as is in the present case.20. the upshot of the above discussion is that:(i) the amendments carried in the interim development plan prepared under the town and country planning act, 1977 from time to time shall get automatically incorporated in the building bye-laws framed by the municipal corporation as noticed ..... in favour of the appellants which was extended from time to time to see whether those were hit by the amendments carried out in the interim development plan under the himachal pradesh town and country planning act, 1977 or not. as noticed above, the initial building permission was accorded in favour of the appellants on 27 .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2009ACJ37,2008(2)ShimLC310
..... considering the period of delay on their part by way of penalty. it is pertinent to note that section 31 was amended by act 100 of 1956. under section 31 as it stood prior to this amendment in 1956 only the transferee was required to report the transfer of the ownership and was expected to forward a certificate of ..... registration to the registering authority within thirty days of the transfer. prior to this amendment there was no statutory obligation on the ..... fulfils the statutory obligation under section 31 his liability continues. the registered owner has sufficient interest to effect insurance and there is nothing in section 94 of the act that only the real owner could effect the insurance. any person who uses the vehicle or allows any other person to use the vehicle could also get the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2009(1)ShimLC145
..... prospectively and till amendment is made, the earlier rules remain in force and for filling the available vacancies, the authorities have to keep in view the rules and instructions as were existent at the time of availability of the posts and further order to direct the respondent no. 1 to act within the four ..... 3377/2007 reads thus:heard.the applicant who is an ex-serviceman and presently serving as lecturer (school cadre) herein, being aggrieved of the amended recruitment and promotion (first amendment) rules, 2007 annexure a-6 for the promotion to the post of principal government senior secondary/basic training schools, whereby 8 years teaching experience ..... department. from the pleadings and submissions made by the learned counsel for the parties what clearly emerges is that under old rules as well as under amended rules there were/are two feeder categories viz. headmaster and lecturer school cadre for promotion to the post of principal government senior secondary/ basic training schools .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (2009)ILLJ294HP
..... than 240 days preceding their retrenchment and they could not be retrenched without following the mandatory provisions of section 25(n) of the industrial disputes act. since it is conclusively proved that the workmen had: completed 240 days in a block of 12 calendar months, they could not be retrenched without ..... regularized under the 2001 scheme/instructions. the averment contained in this affidavit that the petitioners should have approached the machinery stipulated under the industrial disputes act, 1947 merits no consideration. the petitioners are seeking regularization of their services as well as quashing of their retrenchment effected without following the mandatory provisions ..... was no occasion for the respondent-corporation to retrench them. the respondent-corporation is an industry within the meaning of section 2(j) of the industrial disputes act, 1947 as per the parameters laid down by the hon'ble supreme court in bangalore water supply and sewerage boardv. a. rajappa and ors. : ( .....
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