Judgment Search Results Home > Cases Phrase: national security guard act 1986 section 67 summary security guard court Court: himachal pradesh Page 1 of about 28 results (0.133 seconds)

United India Insurance Co. Ltd. Vs. Seema Devi and ors.

Court : Himachal Pradesh

Reported in : IV(2005)ACC39,2006ACJ1357,[2006(108)FLR467]

..... in cases of injury, if the employer proves that workman was under the influence of drink or drugs or that he had wilfully disobeyed any express order or specific rule with regard to securing the safety of the workman or the workman has wilfully removed or disregarded any safety guard or other devices which he knew were provided for the purpose of securing the safety of a workman, then the employer can avoid his liability. ..... hazira begum , has held as follows:(9) a scan of various decisions of the high court will disclose that where a workman was engaged in the employer's business and who was doing the very thing he was employed to do, then the mere fact that he was not acting strictly by the letter of law will not make the accident any the less 'arising out of and in the course of employment'. ..... in this regard reference may be made to a judgment of apex court in national insurance co. ..... a single judge of orissa high court in divisional manager, national insurance co. ..... in view of the provisions of proviso (b) to section 3(1) of the act, when a workman dies or is permanently disabled then even if it is proved that he acted recklessly or endangered his life by illegal means would, in my humble opinion, not be a defence open to the employer and consequently the insurance company. ..... this view is in consonance with the judgment of the supreme court in national insurance co. .....

Himachal Road Transport Corporation Vs. Arvind Singh Mann and ors.

Court : Himachal Pradesh

Reported in : 1991ACJ825

..... therefore, though while adopting various methods of determining compensation for loss of dependency and loss to the estate the court may take into consideration the principles propounded by judicial pronouncements with regard to the implementation of the provisions contained in section 1-a and section 2 of the fatal accidents act; in so far as the ultimate figure of compensation is concerned, the court is not bound by any rigid mathematical formula if it finds that the justness of the case requires either increase or decrease in that figure ..... . our lawmakers being fully conscious of the expanding needs of our nation have passed laws and statutes to minimise motor accidents and to provide for adequate compensation to the families who face serious socio-economic problems if the main bread-earner loses his life in the motor ..... . in this balancing operation the court has to be on its guard that on one hand the dependants should not be put to any financial loss whatsoever and on the other that the death of the victim and the resultant grant of damages should not serve as a windfall to them.. ..... . section 4 (1) whereof provided that in assessing damages in respect of a person's death in any action, any insurance money including premium returned, benefit whether under social security legislation or from a friendly society or trade union, any pension and any gratuity shall not to be taken into ..... . mannaram 1986 acj 269 (rajasthan), gujarat high court in life insurance corporation of india .....

M/S Vaishnavi Kosmeticos Pvt. Ltd., Through Its Assistant Legal Manage ...

Court : Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

..... 355 to 358 of complaint file, wherein, it was stated that vinod kumar and chander shekhar, security guards were not on duty on the day of occurrence and no incident of theft had occurred or no outsiders come in the premises of the factory in the night of 07.12.20007, the earlier statements were made under the pressure of the officials of ..... oriental insurance company , iii (2008) cpj 63 sc, is also applicable in the present case, wherein it was held that the insurance company being in a dominant p often act in an unreasonable manner and after having accepted the value of a particular insured goods that very figure on one pretext or the other when they are called upon to pay compensation. ..... raghu nand chaudhary had also placed reliance upon various judgments of honble apex court, honble national commission and honble state commission viz:- i) vikram greentech (i) ltd. ..... anneuxre c-21 had intimated that since offence under section 427 ipc is made out, which is non-cognizable, as such, the company should take action at their own end and no further action is to be taken by the police. 23. ..... that the loss of labsa oil had been caused and offence under section 427 ipc had been made out and d.d. no. ..... as per form 154 has been registered under and no ipc section has been charged. ..... pw4/b, in the daily diary to the effect that this was a case of some unknown passer-by having meddled with the tanks causing huge loss to the tune of rs.35.00 lacs and this being an offence, under section 427 i.p.c. .....

Kesar Singh Guleria Vs. the State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Reported in : 1985CriLJ1202

..... that it may not be possible in all cases for him or them, by reason of penury, confinement and absence of influence in society, to find friends or, in some cases, even relatives to furnish a security bond, especially if the amount for which the bond is required to be executed is fixed without due regard to the facts and circumstances of the case. ..... government bearing journey expenses of poor prisoners held entitled to parole or furlough, as the case may be, section 7 provides that if, on the report of the district magistrate, the government is satisfied that a prisoner's family cannot bear the expenses of his journey from and to the prison after his temporary release under the act, the expenses may be borne by the government to such extent and in such manner as may be ..... a copy of this judgment be forwarded to the secretary to the government, home department, and to the inspector general of prisons under the seal of the court and signature of the registrar for their guidance and for due compliance of the law herein laid down in regard to the release of prisoners on parole or ..... by the police and revenue officials or by touts and professional sureties and sometimes they have even to incur debts for securing their release or, being unable to obtain release, they have to remain in jail until such time as the court is able to take up their cases for trial, leading to grave consequences.... ..... 'security of the state' would involve breaches of public tranquillity leading to national upheavals, .....

Dev Kala and ors. Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Reported in : 1998ACJ632

..... , kullu, should be allowed to proceed in accordance with the law and in the said proceeding the question whether the accused therein were guilty of an offence under section 224, indian penal code will be decided, but that will not prevent this court from considering the question whether the petitioners are entitled to get compensation under the public law on account of violation of fundamental rights by the respondents. ..... experience shows that worst violations of human rights take place during the course of investigation, when the police with a view to secure evidence or confession often resorts to third degree methods including torture and adopts techniques of screening arrest by either not recording the arrest or describing deprivation of liberty ..... stated that one bikram singh resident of raison made a statement during investigation that he saw bhinder singh running away on the national highway towards kullu side and was being chased by the constables, but he could not be caught by them. ..... it may be necessary to identify the situations to which separate proceedings and principles apply and the courts have to act firmly but with certain amount of circumspection and self-restraint, lest proceedings under article 32 or 226 are misused as a disguised substitute for ..... and respondent sohan lal, a.s.i, and one home guard jawan in uniform along with mohinder, pradhan, gram panchayat, naggar, came to her house and told her that her husband bhinder singh along with tara chand and prem chand .....

Abhilasha and ors. Vs. H.P. State Forest Corporation

Court : Himachal Pradesh

Reported in : 2000ACJ666

..... experience shows that worst violations of human rights take place during the course of investigation, when the police with a view to secure evidence or confession often resorts to third degree methods including torture and adopts techniques of screening arrest by either not recording the arrest or describing the deprivation ..... the petitioners in support of the averments made in the writ petition has placed reliance upon a number of decisions of the apex court and the various high courts including this court to contend that this writ petition is maintainable for claiming compensation if prima facie the negligence of the respondent corporation is proved on ..... compensation in proceedings under article 32 or 226 of the constitution of india for the established violation of the fundamental rights guaranteed under article 21, is an exercise of the courts under the public law jurisdiction for penalising the wrongdoer and fixing the liability for the public wrong on the state which failed in the discharge of its public duty to ..... it may be necessary to identify the situations to which separate proceedings and principles apply and the courts have to act firmly but with certain amount of circumspection and self-restraint, lest proceedings under article 32 or 226 are misused as a disguised ..... there are some other provisions also like sections 53, 54 and 167 which are aimed at affording procedural safeguards ..... (19) the third report of the national police commission in india expressed its deep .....

Sanjay Kumar Vs. State Bank of India and ors.

Court : Himachal Pradesh

Reported in : 2007(2)ShimLC449

..... would be the replacement of the breadearner, but that would undoubtedly bring some solace to the situation.it is significant to note that the employees' provident fund and miscellaneous provisions act of 1952 is a beneficial piece of legislation and can amply be described as a social security statute, the object of which is to ensure better future of the employee concerned on his retirement and for the benefit of the dependants in case of his earlier death. ..... to re-consider the case of the petitioner in view of the law laid down by the hon'ble supreme court in above cited cases for compassionate appointment within a period of eight weeks from the receipt of the certified copy ..... same for the benefit of such minor in such bank or other financial institution, as may be prescribed until such' minor attains majority.it is upon consideration of the above-noted provisions of section 4, it was contended that question of compulsory depositing of the gratuity amount does not and cannot arise. ..... section 4 of the.act is of some significance and as such ..... apparently these considerations weighed with the high court and the latter thus proceeded on the basis that by reason of adaptation of a family benefit scheme by the employees' union, question of any departure therefrom or any ..... the feeling of security drops to zero on the death of the breadearner and insecurity thereafter reigns and it is at that juncture if some lump-sum amount is made available with a compassionate appointment, the grief- .....

The Sr. Divisional Manager, Life Insurance Corporation of India and An ...

Court : Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

..... in this background, present complaint under section 12 of the consumer protection act, 1986 was filed for deficiency of service/unfair trade practice on the part of the opposite parties, wherein direction had been sought for paying the assured sum of deceased-husband of complainant alongwith interest and apart ..... also taken the same view since the insured in that case was suffering from a serious disease of portal hypertension and cirrhosis which was not disclosed at the time of taking of insurance policy, as such the national commission concluded that the claim was rightly repudiated by the insurance company. 16. ..... the provisions of evidence act are not applicable in the proceedings under the consumer protection act, 1986 in its letter and spiti whereas these documents have been supplied from the official custody of regional manager, hrtc, kullu vide annexure rw.3 to the life insurance corporation of india, as such they cannot be legally discarded in ..... chako and another versus chairman life insurance corporation of india and others, (2008) 1 supreme court cases 321 as well as decisions of this commission in first appeal no.255/2009, titled life insurance corporation of india and others versus nirmala devi, decided on 9.8.2011 and first appeal no.52/2009 titled life insurance corporation of ..... it may serve the purpose of social security but then the same should not be obtained with a fraudulent act by the insured. .....

Baldev Singh and Kuldeep K. Verma Vs. Union of India (Uoi) and anr.

Court : Himachal Pradesh

Reported in : 2007(2)ShimLC235

..... , relying upon the recommendation of the board to the effect that the disability is aggravated due to severe physical and mental stress of service, this court held that disability pension can be granted to an individual who is invalidated from service on account of disability which is attributable to or aggravated by the ..... it has been categorically stated that he has rendered services for the cause of the nation at different hard/ difficult areas and conditions and successfully discharged his duties under physical and mental stress and strain and that the disease has aggravated ..... however, the circumstance rendering the said opinion assailable would empower and entitled this court to step in, examine the same and if need be set aside the same for effectuating justifiable statutory relief as may be necessitated under ..... has been filed by the petitioner stating that after serving in jak rifles from 23rd november, 1962 upto november 1977, the petitioner got himself enrolled in defence security corps under the respondents on 6th october, 1983 as sepoy. ..... order to safeguard the rights of persons with disabilities and enabling them to enjoy equal opportunity and help them to fully participate in national life, the central government has also come out with a comprehensive legislation which is commonly known as 'persons and disabilities, equal opportunity, protection of rights and other participation act', 1995. ..... the army act, 1950 (section 192) empowers the central government to frame .....

Mrs. Vidya Stokes Vs. State of Himachal Pradesh and anr.

Court : Himachal Pradesh

Reported in : 1994CriLJ1833

..... : 1992crilj527 after referring to number of decisions, relating to exercise of inherent powers of the courts under section 482 of the code and the extraordinary power under article 226 of the constitution of india and interpreting some of the provisions of the code, the apex court categorised, by way of illustrations, the cases where power could be exercised by the high court, either to prevent abuse of the process of the court or otherwise to secure the ends of justice. ..... horticulture produce and marketing corporation for five years; general secretary, national women's hockey federation for two terms of 4 years each; president, indian women's hockey federation for 4 years; adminstrator, shivaji stadium during asiad 1982; vice president, indian olympic association, member of jury - asian games at beijing and seoul; vice president, asian hockey federation of international hockey; member, national horticultural board; member high powered committee of sports authority of ..... or in the charge-sheet did not show that the bank employees or the customer had acted dishonestly, namely, acted with a deliberate intention to cause wrongful gain or wrongful loss nor did the allegations constitute any offence of ..... therefore on the state to bring out, beyond all reasonable doubt, that the number of labourers actually employed in carrying out the work was less than that stated in the summaries appended to the bills paid for by the government. ..... nagar, shimla, in january 1986, under the orders of .....