Court : Himachal Pradesh
Reported in : AIR1957HP59
..... i am, therefore, of the opinion that the matter having been brought to the notice of the trial court, it was incumbent upon it to frame the necessary additional issues or amend the existing issues, permit the parties to lead evidence thereupon, enter findings on the issues and dispose of the suit in accordance with law. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2003HP148
..... court that, after the exercise of due, diligence, any evidence was not within his knowledge or could not be produced by him at the time when that party was leading his evidence, the court may permit that party to produce that evidence at a later stage on such terms as may appear to it to be just. '8. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2001HP1
..... clause :-- in this act, the following words and 'expressions are used in the following senses, unless a contrary intention appears from the context: 'evidence' - evidence means and in-cludes- (1) all statements which the court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry; such statements are called oral evidence;(2) all documents produced for the inspection of the court; such documents are called documentary evidence'. 21. ..... whether the presumption under the himachal pradesh land revenue act regarding the entries of the land extend qua the ownership of the structures standing thereupon.4. ..... (5) nothing in this rule shall be deemed to authorise the court to permit one of several plaintiffs to abandon a suit or part of a claim under sub-rule (1) or to withdraw, under sub-rule (3), any suit or part of a claim, without the consent of the other plaintiffs .14. ..... an affidavit cannot be used as evidence unless law specifically permits certain matters to be proved by affidavit. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2004HP1
..... -- the landlord, or a lessee or other person claiming through the landlord, shall not cut or remove or permit any person to cut or remove any tree, timber or other forest produce in or from any notified forest so as to effect the right of any person which such person may, subject to any rules made under this act, ..... if the delegated authorities were permitted to frame rules repugnant to the act, they would be trespassing into the legislative field. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1994CriLJ2539
..... clause 2 of this agreement referred to above, says that:'the ownership of this vehicle will remain in the name of the first party (mohammad amin) along with route permit and other documents till the full and final payment of the bank is cleared by the second party (sardara singh and prem lal kapoor) and thereafter the second party can get the vehicle .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2006(3)ShimLC25
v.k. gupta, c.j.1. a letter dated 8th august, 2005 issued by the manager, h.p. ex-servicemen corporation, camp office, barmana, district bilaspur and addressed to the respondent-plaintiff gave rise to a cause of action to him to file a suit for declaration with consequential relief for permanent injunction. for ready reference, the text of the letter is reproduced hereunder, which reads thus:it has been reported by the acc authorities that your truck no. hp-24-3510 was loaded on 07/8/2005 to anandpur sahib vide excise invoice no. 53027 (la no. 118381), but the cement has been sold by you in h.p., other than delivering the material at appropriate place, which is clear cut violation of undertaking given by you.keeping in view the unlawful activity committed by you, your both trucks viz. hp 24-3510 and hp 24-5510 are blacklisted. you are further warned to submit the reply why you have committed such lapse and for this acts of breach of contract, your truck should not be delisted from the carriage of cement.2. it is the common case of the parties that the respondent-plaintiff owns two trucks bearing registration nos. hp-24-3510 and hp-24-5510. it is also the common case of the parties that truck no.hp-24-5510 was not involved in any incident and that it is the alleged involvement of only truck no. hp-24-3510 based upon which the aforesaid impugned action of black listing of both the trucks was taken and carried out by the petitioners-defendants.3. the allegation of the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1990ACJ785
..... for hire or reward, the insurance company has to prove:(1) that on the date of the contract of insurance, the insured vehicle was expressly or implicitly not covered by a permit to carry any passenger for hire or reward;(2) that there was a specified condition in the policy which excluded the use of the insured vehicle for the carriage of any passenger for hire or reward; ..... when once it is held that section 95 of the act covers such passengers, the argument as to the conditions in the permit and the insurance policy are not of much significance and have only to be considered and dealt with in the alternative without prejudice to the conclusions ..... manbodhan lal srivastava air 1957 sc 912, it has been held that additional evidence should not be permitted at the appellate stage in order to enable one of the parties to remove certain lacunae in presenting its case at the proper stage, and to ..... (4) notwithstanding the provisions of sub-rule (2) a regional transport authority may, as a condition of a permit granted for any goods vehicle, specify the conditions subject to which a large number of persons may be carried in the vehicle, provided that such number shall not exceed the area in square metre of ..... sub-section (20) of this section gives the definition of 'permit' to mean the document issued by a state or regional transport authority authorising the use of a transport vehicle as a contract carriage, or stage carriage, or authorising the owner of a private carrier or public carrier to .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1999ACJ1305
..... it was also pleaded that the driver of the truck had no valid licence and the truck was being plied without a route permit against the provisions of act no. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [2004(105)FLR240]
..... second prayer was made for a direction to permit the petitioner to withdraw her resignation and to permit her to discharge the duties of senior clerk in the board. ..... hence, the petitioner cannot seek a direction to the respondent-board to permit her to withdraw the resignation. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2000ACJ739
..... preliminary objections were taken therein to the effect that the driver of the insured vehicle was not having a valid driving licence; that the truck in question did not have any valid route permit, registration certificate and fitness certificate; and that the maximum liability of the appellant insurance company was limited up to rs. ..... opr(3) whether the insurance company is not liable to make the payment for want of valid driving licence, route permit, etc. .....
Tag this Judgment!