Judgment Search Results Home > Cases Phrase: merchant shipping amendment act 2007 section 4 amendment of section 31 Sorted by: recent Court: himachal pradesh Page 8 of about 154 results (0.244 seconds)

H.P. State Co-operative Bank Ltd. Vs. State of H.P. and ors.

Court : Himachal Pradesh

Reported in : 2008(1)ShimLC189

..... chapter of this act shall be deemed to affect any rule of muhammadan law'. the inference that was drawn in madhwa ..... principal reason for the decision is that in section 2 of the transfer of property act, before it was amended by the amending act 20 of 1929, it was provided 'and nothing in the second chapter of this act shall be deemed to affect any rule of hindu law'. it was inferred that as the rules of hindu law were saved ..... section 2 of the transfer of property act, before it was amended by act 20 of 1929, the rules of hindu law were not saved with regard to mortgages of immovable properties and charges as contained in chapter iv of the act. by the amending act 20 of 1929, section 2 has been amended and after such amendment it reads 'and nothing in the second .....

Ayush Constructions Pvt. Ltd. Vs. National Hydroelectric Power Corpora ...

Court : Himachal Pradesh

Reported in : 2008(1)ShimLC37

..... was filed by the respondents on 10th august, 2007. along with the reply the respondents have annexed r-4, which is a copy of communication no. nhpc/pp-ii/t/ship-n/pkg-t-48/07/621-22 dated 13th july, 2007 whereby they have admitted the receipt of the aforesaid notice dated 2nd april, 2007. in this communication they have ..... on the part of the respondents to do so, now i have no option but to invoke and exercise my jurisdiction vested in me under section 11(6) of the act to appoint an arbitrator.14. with the consent of the parties, brig. j.k. narang, chief engineer, project deepak is hereby appointed as a single member arbitral tribunal to adjudicate ..... receipt of the notice from them as per clause 55.1(ii) of the arbitration agreement. they did not do so. therefore, in terms of section 11(6) of 1996 act, they have forfeited their right of sending to the petitioner such a penal of three persons for enabling the petitioner to choose one out of this penal as the arbitrator .....

National Insurance Company Ltd. Vs. Naresh Kumar and ors.,

Court : Himachal Pradesh

Reported in : 2008ACJ869,AIR2008HP49,2008(1)ShimLC182

..... of insurance to cover the bus without receiving the premium therefore. by reason of the provisions of sections 147(5) and 149(1) of the motor vehicles act, the appellant became liable to indemnify third parties in respect of the liability which that policy covered and to satisfy awards of compensation in respect thereof notwithstanding its ..... thereon had not been honoured. 10. the policy of insurance that the appellant issued was a representation upon which the authorities and third parties were entitled to act. the appellant was not absolved of its obligations to third parties under the policy because it did not receive the premium. its remedies in this behalf lay ..... risk of paying the amount of compensation, if any, payable to third parties even if the cheque bounces. third party insurance is compulsory under the motor vehicles act. the purpose of this is that people who suffer in accidents are able to recover the amount of compensation from the insurance companies. therefore, as has been .....

Black Gold Rubber Vs. State of H.P. and ors.

Court : Himachal Pradesh

..... shree lakshmi foundary holding that a notification substituting the old notification being clarificatory in nature has retrospective. 19. he followed the ratio of this judgment and observed that amendment notification dated 30.9.2005 has extended the benefit of exemption to hudbust no. 110 by substituting khasra nos. 1-41 by 1-418 and has retrospective effect ..... appeal was whether the excess production of sugar by the appellant during the designated period commencing on 1.5.1982 but before the date of issue of the amending notification no. 193 of 1982 dated 11.6.1982 was entitled to duty reduction under para 4 of notification no. 132 of 1982 dated 21-4- ..... and ors. : (2006)6scc289 , shows that the observations made in the said case are relevant and are being reproduced below:the said act is a disqualifying statute. a plain reading of the amended provision clearly shows that it was intended by the legislature to have retrospective effect. the appellant was elected in terms of the provisions of .....

State of H.P. Vs. Kesar Singh and ors.

Court : Himachal Pradesh

Reported in : 2008(I)ShimLC74

Surinder Singh, J.1. The respondents were facing trial under Sections 147, 452, 323 and 506 read with Section 149 of the Indian Penal Code but they were acquitted precisely on the grounds that the prosecution failed to examine its witnesses despite many opportunities. Thus the acquittal of the respondents has been challenged in this appeal.2. As a matter of fact the respondents were charge-sheeted on 4.2.1997 by the Judicial Magistrate 1st Class (IV), Shimla, under the aforesaid Sections, to which they pleaded not guilty and claimed trial. Thereafter, the matter was fixed for prosecution evidence on 20.5.1997, since then the case lingered on one pretext or the other.3. However, on 31.12.1999, the trial Court passed the following order:31.12.99 Present: Ms. Monika Maihotra, APP for State.All accused are in person with Sh. B.S.-Atri, Advocate.No PWs are present. PW Dr. Ashok Kumar is unserved. PW Ram Krishan, ASI Bishan Dutt and S.I. Tilak Raj are served but not present. Put up for PWs. ...

Janki Ram Vs. State of H.P. and ors.

Court : Himachal Pradesh

Reported in : 2008(1)ShimLC195

..... arbitration.precedent need not be multiplied any further. the duty to record reasons is now mandatory.7. the award is in violation of the mandatory provisions of the act itself and cannot be upheld. in the facts and circumstances of the case, this petition is allowed. the matter is remanded to the arbitrator who will determine the ..... in cases where parties agree that the same need not be recorded would, therefore, provide a vital key to the court exercising jurisdiction under section 34 of the act to examine whether the award suffers from any illegality to call for modification or setting aside of the same. the necessity of recording reasons cannot, thus, be undermined ..... for the conclusion drawn by the authority. that apart, an award made by an arbitral tribunal is open to challenge before the court under section 34 of the act. the decision of the supreme court in oil and natural gas commission (supra) has dealt with an elucidated the scope and parameters of the jurisdiction of the court .....

Dinesh Kumar Vs. Balbir Singh and ors.

Court : Himachal Pradesh

Reported in : AIR2008HP59,2008(I)ShimLC54

..... mention that the concession made by the government advocate before the learned district judge that the respondents are entitled to solatium and interest as provided in the land acquisition act, 1894 (as amended in 1984) was a totally unwarranted concession. being a concession on a question of law, it cannot be said to be binding upon the appellant. it ..... 19 (l.)(f) and 31 (1) of the constitution, and as such the writ petition under article 32 is maintainable. it may be that under the pension act (act 23 of 1871) there is a bar against a civil court entertaining any suit relating to the matters mentioned therein. that does not stand in the way of a ..... of the case or matter and arrive at a compromise or settlement between the parties.(4) every lok adalat shall, while determining any reference before it under this act, act with utmost expedition to arrive at a compromise or settlement between the parties and shall be guided by the principles of justice, equity, fair play and other legal .....

State of H.P. Vs. Jai Dev and ors.

Court : Himachal Pradesh

Reported in : 2008CriLJ1427

..... reasoned and the findings are based on correct appreciation of facts and material on record; (ii) essential ingredients to constitute an offence under section 33 of indian forest act are missing; (iii) in any event to constitute an offence of theft the prosecution has miserably failed to show that alleged timber was stolen from the forest land ..... copies were supplied to the accused persons. all the accused persons were charged on 6-12-1994 for offence punishable under section 379, ipc and section 34, indian forest act, to which they did not plead guilty and consequently the matter was put to trial.4. during the course of trial, prosecution led 11 witnesses, namely, ramesh ..... p.w. 10/a) for registration of fir dated 30-12-1991 (ext. p.w. 10/b), registered under sections 379, ipc and 32 of the indian forest act with police station dhalli. the investigation was carried out and the statements of the witnesses were recorded. during investigation demarcation report (ext. p.w. 9/b) was obtained .....

A.J. Infrastructures Vs. State of H.P. and ors.

Court : Himachal Pradesh

Reported in : (2008)15VST342(NULL)

..... the law and cannot legislate it. if a provision of law is misused and subjected to the abuse of process of law, it is for the legislature to amend, modify or repeal it, if deemed necessary. 27. here the court was dealing with the question as to whether the proceedings for recovery initiated by the ..... was not encumbered. the petitioner proceeded to participate in auction knowing fully well that the sale is pursuant to the power exercised by the bank under the act and the auctioned property shall vest in the auction purchaser completely and absolutely free from all encumbrances. in these circumstances, the petitioner's participation and purchase of ..... to expeditiously recover the dues lying locked in unproductive assets the value of which was deteriorating with the passage of time. the legislature, therefore, enacted the new act providing for taking over the assets of the non-performing units. 2(1)(zd) :'secured creditor' means 'any bank or financial institution or any consortium or .....

L.A.C. Vs. Ratti Ram,

Court : Himachal Pradesh

Reported in : 2008(I)ShimLC1

..... claimants will be at liberty to establish their claim for reimbursement of money/compensation for use of their property by the state without recourse to the proceedings under the act. for this purpose, the claimants as well as the state would be free to adduce evidence in accordance with law. it is clarified that no other evidence ..... of law as laid down in these three judgments cannot be disputed.5. learned counsel appearing for the respondents submits that although notification under section 4 of the act may have been issued subsequent to taking over of possession of the land, however, the claimants entitlement to receive rent and damages for use and occupation of the ..... acquisition officer and anr. (2002) 1 scc 142, no interest can be awarded for the period prior to the issuance of the notification under section 4 of the act. he also places reliance on the judgments of the hon'ble supreme court in siddappa vasappa kuri and anr. v. special land acquisition officer and anr. : air2001sc2951 .....