Judgment Search Results Home > Cases Phrase: northern india ferries act 1878 section 5 claims for compensation Court: himachal pradesh Page 1 of about 13 results (0.332 seconds)

Union of India (Uoi) Vs. C. Baljee and ors.

Court : Himachal Pradesh

Reported in : AIR1974HP1

..... done or taken under the corresponding provisions of this act which, under sub-section (3) of section 1 shall be deemed to have come into force on the 16th day of september, 1958, and accordingly- (a) no suit or other legal proceeding shall be maintained or continued in any court for the refund of any rent or damages or costs recovered under the 1958-act where such refund has been claimed merely on the ground that the said act has been declared to be unconstitutional and void; ..... taking that view the calcutta high court referred to the law laid down by the supreme court in northern india caterers (pvt. ..... union of india : air1968cal560 , a full bench of the calcutta high court held that the act permitted the government, in the exercise of an unguided discretion, to adopt either of two alternative remedies, one by way of summary eviction under section 5 (2) of the act and the other by way of suit in a court of law, and as the former remedy was more drastic and more prejudicial than the latter section 5 (2) violated article 14 of the constitution and was, therefore, ultra ..... union of india, a contention was raised that section 5 (1) of the 1958 act violated article 14 of the ..... on january 9/12, 1968 the government of india wrote to the lessee that it had decided not to renew the lease and that, therefore, vacant possession should be handed over upon its ..... the government of india replied on april 3, 1968 denving the alleged assurance and it again called on the lessee to vacate the leased .....

Oriental Insurance Co. Ltd. Vs. Renu Acharya

Court : Himachal Pradesh

Reported in : II(1996)ACC72,1996ACJ746

..... , is liable for compensation to be paid to the claimants.25. ..... the claim petitioner-respondent renu acharya filed the claim petition under section 110-a of the motor vehicles act, 1939 (hereinafter called as 'the act'), on the death of her husband surendra acharya, who died in the accident on 24.2.1980. ..... that apart, it was also taken into consideration that the other wife, namely, sarla alias madhukanta, filed a separate claim petition within time and, therefore, renu acharya being the legal representative could have joined in the same petition. ..... both the appeals have been filed by the insurance company and in view of the provisions of section 96 of the act, the insurance company can file appeals against the award only on limited grounds.15. ..... , has raised the point that the liability of the insurance company is limited under section 95 of the act and that the deceased was travelling as a passenger in the car and the liability is not covered by the insurance policy. ..... the claimants-appellants have claimed a compensation to the tune of rs. ..... both the claimants-respondents are the widows of late surendra acharya, deputy chief officer, reserve bank of india, who died instantaneously in the accident, which took place on 24.2.1980, while he was travelling in the car no. ..... rw i/a is the letter issued by the regional office of the insurance company to all the divisional offices in northern region and the letter is dated 13.2.1981. ..... it was sent from the northern regional office, new delhi. .....

Krishma Educational Centre Vs. H.P. Board of School Education and ors.

Court : Himachal Pradesh

Reported in : 2007(1)ShimLC377

..... vehemently argued that the petitioner institute is a duly recognized institution, for offering the course/training in teacher's education, under the national council for teacher education act, 1993 and by virtue of section 16 of the act, no 'examining body' on or after the appointed day, can grant affiliation, whether provisional or otherwise, to any institute for a course or training, covered under the act, unless the institution concerned has obtained the recognition from the ..... in the instant case, the northern regional committee which is under ncte, vide annexure-p3 dated 28th may, 2004 granted recognition to the petitioner-institute for jbt (elementary teacher education) courses of two year duration in terms of section 15(i) of ncte act, 1993 but the respondent board gave provisional affiliation to them for a period of one year vide letter annexure-p4 dated 16.10.2004 ..... as a matter of fact, the petitioner-institute was granted the recognition by the national council for teachers education (ncte), a statutory body of the government of india, for an annual intake of 50 seats in the first year and the same number of seats for the 2nd year in jbt (elementary teacher education) course of two years duration with effect from academic session 2004-2005 subject to the fulfillment of conditions mentioned in annexure-p3 dated may ..... field is fully and completely occupied by the central legislation which is covered by entry 66 of list 1 of viith schedule of the constitution of india. .....

ishwar Lal Chaudhary and anr. Vs. National Insurance Company and ors.

Court : Himachal Pradesh

Reported in : 2009ACJ37,2008(2)ShimLC310

..... in fact it was ruled in northern india general insurance co. ..... and sairan parents of the deceased filed claim petition under section 110(a) of motor vehicles act, 1939 (for short act) claiming rs. ..... father of the deceased only is entitled to whole of the compensation as claimed in the cross-objections.8. ..... and sairan filed cross-objections and claimed enhancement of the compensation. ..... 2-cross-objector has submitted that less compensation has been awarded to the claimant in view of proof of income of the deceased ..... romesh verma, has submitted that less compensation has been awarded to the parents of the deceased ..... whether the petitioners are entitled to any compensation, if so, to what amount and from whom ..... 4 is not liable to pay the compensation, as alleged by it in the written reply ..... learned tribunal has not appreciated the legal and factual position properly in exonerating the liability of insurance company to pay compensation on account of death of suleman.15. mr. ..... the insurer cannot be made liable to pay compensation to the claimants. ms. ..... 2,00,000/- compensation along with ..... company has denied the liability to pay the compensation. ..... sold the motor-cycle to tilak raj kakkar and according to his information tilak raj kakkar had further sold the motorcycle to ishwar lal chaudhary, therefore, arvind kumar deinied his liability to pay any compensation. ..... liability of the appellants has been held to be joint and several and the insurer has been exonerated from the liability to pay compensation.2. .....

General Sales Ltd. and anr. Vs. Jagdish Rana

Court : Himachal Pradesh

Reported in : AIR2003HP90

..... section 10 of the specific relief act, 1963 (for short : the act) provides that 'except as otherwise provided in this chapter, specific performance of any contract, in the discretion of the court, be enforced - (a) when there exists no standard for ascertaining the actual damage caused by non-performance of the act agreed to be done; or, (b) when the act agreed to be done is such that compensation in money for its performance would not afford adequate ..... land, leaving the remaining land towards the mashobra bazar falling on the south -- east of the property to the defendant;(c) the survey plan referred to as at (a) above duly signed by the parties shall be considered as revised plan for the purpose of agreement and execution of sale deed; and(d) the actual sale consideration would be determined and paid on the basis of actual measurement of the land agreed to be sold.3. ..... section 21 of the act sets out the circumstances in which the court may award compensation in lieu of or in addition to specific ..... is recorded to have been agreed to be sold, in para 10 of the plaint as well as in the prayer clause, the plaintiffs have claimed only a part of this khasra number to the extent of 11 biswas by describing the same either as khasra no. ..... 2/e of the meeting held between the parties on 5-12-1991, as stated above, the parties had agreed to the deviation/change in the northern boundary of the land agreed to be sold. ..... doctrine of comparative hardship has been statutorily recognised in india.60. .....

Tej Deen Vs. H.R.T.C. and anr.

Court : Himachal Pradesh

Reported in : 2008(3)ShimLC485

..... the text of the office order dated 31st january, 1987 reads thus:office order.whereas shri tej deen, driver, hrtc, rohroo sub unit has been convicted on a criminal charge, to wit, under sections 41-42 indian forest act.and whereas it is considered that the conduct of the said shri tej deen driver which has led to his conviction is such as to render his further retention in the public service undesirable.now, therefore, in exercise of the ..... -notwithstanding anything contained in rule 14 to rule 18:(i) where any penalty is imposed on a government servant on the ground of conduct which has led to his conviction on a criminal charge, or(ii) where the disciplinary authority is satisfied for reasons to be recorded by it in writing that it is not reasonably practicable to hold an inquiry in the manner provided in these rules, or(iii) where the governor is satisfied that in the interest of the security of the state, it is not expedient to hold any ..... union of india, wherein this court commended the judgment of a magistrate of delhi as he had let off the appellant therein under section 12 of the probation of offenders act stating: (scc p.361, para 6)misfortune dogged the accused for about a year... ..... now the court has to consider whether in the peculiar facts and circumstances of the case the court should direct his reinstatement or he can be compensated by granting him consolidated sum. ..... parades commission for northern ireland, belfast city council v. .....

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

Court : Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

..... 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 from this, an amount of rs.30,000/- had been claimed for causing undue harassment to the ..... the national commission also in its recent judgment in revision petition no.4157 of 2007, decided on 3.2.2009 in the case of life insurance corporation of india through assistant secretary, northern zonal office, lic versus sunita hemnani, 2009 (2) cpc 128, has also taken the same view since the insured in that case was suffering from a serious disease of ..... information within his knowledge to the questions asked in the proposal form, and any inaccurate information entitles the insurer to repudiate its liability because there is clear presumption that any information sought for in the proposal form is material for the purpose of entering into contract of insurance and the case where there is clear suppression of material facts with regard to health of the insured, the insurer is fully justified ..... arising out of the insurance policy of his deceased wife with interest @ 9% per annum from the date of institution of the complaint till realization of the amount and directions were also given for payment of rs.2,000/- as compensation for harassment and litigation cost was quantified at rs.1,000/-. .....

Sikkim Ayurvedic (Pvt.) Ltd. Vs. Pyari Tamangni and ors.

Court : Himachal Pradesh

Reported in : (1996)IIILLJ844HP

..... it cannot be disputed that under section 149 of the motor vehicles act, the insurance company is charged as a judgment-debtor, especially when it was a party to the compensation proceedings and had full opportunity to challenge the claim petition as it did, in the present case. ..... of the policy) is obtained any person insured by the policy, then, notwithstanding that the insurer may be entitled to avoid or cancel or may have avoided or cancelled the policy, the insurer shall, subject to the provisions of this section, pay to the person entitled to the benefit of the decree any sum not exceeding the sum assured payable : thereunder, as if he were the judgment-debtor, in respect of the liability, together with any amount payable in respect ..... 1, being the widow of late tirtha tamang, filed a claim for compensation before the commissioner for workmen's compensation and against the present petitioner and respondent no. ..... ' in this connection, he drew my attention to northern i.g. ..... varma, (1958 - ii - llj - 259) (sc), british india steam navigation co. v. ..... but it is not an impassable hurdle and is not a bar in exercising its writ jurisdiction under articles 226 and 227 of the constitution of india. ..... this is a writ petition under articles 226/227 of the constitution of india. .....

Krishna Devi and ors. Vs. State and ors.

Court : Himachal Pradesh

Reported in : AIR1972HP113

..... life, in the face of the authorities cited above, and in view of the lower incidence of mortality because of the control of various diseases by the modern drugs, at 70 and, therefore, the deceased would have lived for another 26 years and in the case of his children, who are below 21 years of age, he would have definitely been a source of benefit or he would have continued to contribute towards their maintenance, etc. ..... northern india ..... after having taken into account the prospects of the young widow re-marrying, and the mother who was not solely dependant on the deceased and who may not live for long, this amount needs to be further reduced and i think the reasonable amount that should have been awarded in the case should not have exceeded rs. ..... mother was not totally dependent on the earnings of her son and that way, in my opinion, the compensation awarded to the present claimants in the case assessed by the tribunal appears to be on the high ..... has assessed the compensation keeping in view the fact that he would have continued to work in the firm for another 20 years.8 ..... 9 cannot be held sufficient to prove the claim with regard to the other sources of income of the ..... 50 thousand as claimed in their petition. ..... arise out of the judgment and order, dated 80-12-1970, passed by the motor accidents claims tribunal, mahasu. ..... by the learned tribunal to the claimants of gursaran dass in claim petition no. ..... claimed ..... afraid, if this type of statement can be pressed into service to prove the tall claim. .....

H.P. Road Transport Corporation Vs. Pt. Jai Ram and Etc. Etc.

Court : Himachal Pradesh

Reported in : AIR1980HP16

..... section 110-b of the motor vehicles act prescribes that on receipt of an application for compensation made under section 110-a the claims tribunal shall hold an enquiry into the claim and may make an award determining the 'amount of compensation which appears to it ..... the deceased had he survived the accident, financial inflationary tendencies making the standard of living costlier, remarriage of the widow, acceleration of the interest of the dependents due to the death of the deceased, advantage of getting the compensation immediately in lump sum, are separately discounted involving various complications in calculations, in the method suggested by lord wright this is worked out by selecting a suitable multiplier of a certain number of years' purchase, all these different ..... lord diplock in mallett's case, 'since the essential arithmetical character of this assessment is the calculation of the present value of an annuity it has become usual both in england and in northern ireland to arrive at the total award by multiplying a figure assessed as the amount of the annual 'dependency' by a number of 'years' purchase'.15. ..... as against this shri sud, appearing on behalf of one of the claimants, has relied upon a series of decisions given by other high courts in india taking a contrary view and has drawn our attention to the fact that chief justice pathak has himself referred this question to a larger bench in f. ..... this particular reasoning has been adopted by various high courts in india. .....