Court : Himachal Pradesh
Reported in : AIR1965HP12
..... not arbitrarily or capriciously. in the present case, it has not been shown that in fixing the maintenance of rs. 15/- per mensem, the lower court acted arbitrarily. on the other hand, the learned senior subordinate judge fixed the maintenance after taking into consideration the relevant circumstances. it may be pointed out that there is ..... , air 1963 mad283 and smt. snehalata dansena v. jagdish dansana, air 1964 orissa 122. a contrary view thatan appeal against an order, passed under section 24of the act, does not lie, was taken in prithyirajsinghji mansinghji v. bai shivprabhakumari, air1960 bom 315, saraswathi v. krishna murthy,air 1960 andh pra 30 and gopendra nath v.smt ..... it may be relevant to point out that the words, 'appeal under the code of civil procedure' occurring in article 156 of the first schedule to the limitation act, were interpreted, by the hon'ble supreme court, as referring to an appeal, the procedure, applicable to which, was prescribed by the code of civil procedure, .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : II(1998)ACC297,1999ACJ661
..... another aspect of the case. the defence that policy had lapsed because of sale of the vehicle is not available to the insurance company under section 149 (2), motor vehicles act, 1988 [see: lalita prabhakar's case, 1998 acj 1124 (hp)].21. the learned tribunal, therefore, committed an error in absolving the insurance company, respondent no. 4, of ..... the insurance policy was got transferred in favour of the appellant.6. respondent no. 5, bal krishan, the previous owner of the scooter denied his liability and it was pleaded that he had sold the scooter to the appellant much prior to the accident.7. ..... , namely:(a) the deceased was a pillion rider and the insurance policy did not cover the liability of a pillion rider; and(b) the original insured was one bal krishan, the respondent no. 5 in this appeal. he had sold the scooter to the appellant before the accident. neither any intimation of such sale was given nor .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2000ACJ327
..... representative' incorporated in section 2 (11) of the code of civil procedure, 1908 shall apply to the provisions of section 110-a (1) of 1939 act and persons for whose benefits application for compensation can be made and the manner in which the compensation awarded may be distributed amongst the persons for whose benefits ..... and the legal representatives who have not so joined shall be impleaded as respondents to the application. the expression 'legal representative' has not been defined in the act. section 2 (11) of the code of civil procedure, 1908 defines 'legal representative' as a person who in law represents the estate of a deceased ..... the appellants-claimants were not dependent upon their deceased parents, therefore, they are not entitled for compensation in accordance with the provisions of the motor vehicles act. the tribunal appears to have assumed wrongly that all legal representatives of the deceased persons who died in the accident should be dependent upon the deceased and .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2001CriLJ1517
..... , (1993) 2 scc 684 : (1993 cri lj 1635), while dealing with a similar question, the hon'ble supreme court held as follows (para 2) :section 32(1) of the evidence act is an exception to the general rule that hearsay evidence is not admissible evidence and unless evidence is tested by cross-examination, it is not creditworthy. under section 32, when ..... reliable, there is no rule of law or even of prudence that such a reliable piece of evidence should not be acted upon unless it is corroborated. a dying declaration by itself is an independent-piece of evidence and can be acted upon, without seeking any corroboration, if it is found to be otherwise true and reliable.17. in case kundula bala .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (2001)ILLJ632HP
..... for such modification. the material part thereof may be reproduced:'10. duration and modification of standing orders. - (1) standing orders finally certified under this act shall not, except on agreement between the employer and the workmen or a trade union or other representative body of the workmen be liable to modification until ..... and fairness of the proposed standing orders. these amendments cannot, however, affect the alternative remedy which the workmen had of seeking redress under the industrial disputes act if they had grievance against any of the standing orders certified by the certifying officer.' 27. again, in heavy engineering mazdoor union v. state of ..... industrial disputes involving the application and/or interpretation of the standing orders. that is the function of the courts and tribunals constituted under the industrial disputes act. the limited purpose of section 13-a is to provide a forum for determination of any question arising 'as to the application or interpretation' .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2002CriLJ735
..... (scooter) was dragged along with his son (rajan deceased), because of aforesaid acts of omission and commission by the respondent. not a single suggestion was given to him in cross-examination that he did not sustain any injury and/or those being not ..... , it is raised simply to be rejected because when he appeared in witness-box, in no uncertain terms he stated that accident was caused due to rash and negligent act on the part of respondent while the witness was driving the scooter. due to impact of the accident he fell down from the scooter, and sustained injuries and it ..... . all the sentences were to run concurrently.3. sole question that needs to be determined in this appeal is whether the accident was the result of rash or negligent act on the part of the respondent endangering human life or not. as per learned additional advocate general, after scanning the evidence of p.w. 2 and 3 coupled with .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(2002)ACC650,2002ACJ650
..... file the petition for compensation under section 166 and face the woven risk. he cannot be compelled to file the petition under section 166 of the act. the provision, therefore, does not contemplate filing of another application under section 166 and have compensation after meeting with the challenge of the opposite party. ..... a large number of representations received, after finalisation of the report of the review committee, from the transport operators and public for making amendments in the act. the draft of the proposals based on the recommendation of the review committee and representations from the public were placed before the transport development council for ..... within local limits of whose jurisdiction the claimant resides or carries on his business or within the limits of whose jurisdiction the defendant resides; whereas under act of 1939 it could only be filed within the limits of the jurisdiction of the tribunal where the accident had occurred. amount originally payable under .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2002ACJ1974
..... of statutes is that its operation is prospective unless it is made retrospective either expressly or by necessary implication. the rights and liabilities under the workmen's compensation act get crystallized on the date of death of the workman and the making of the application is only a procedural matter. on the date of death of the ..... any shadow of doubt, therefore, the plea urged by mr. lalit sharma not to enhance the amount of compensation is hereby rejected.22. the workmen's compensation act, 1923 is a beneficial legislation aimed at allowing the compensation in its terms wherever it is payable under law. it prohibits contracting out. object of it is that ..... would certainly partake the character of the legal liability of the insured employer to pay the compensation amount with due interest as imposed upon him under the compensation act. thus the principal amount as well as the interest made payable thereon would remain part and parcel of the legal liability of the insured to be discharged .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2002HP106
..... )), it has been held (at page 2451 of air) :--'as far as the deposit of balance consideration was concerned under explanation (i) to section 16(c) of the specific relief act, 1963, the appellant could wait for an order of the court to do so. that is what he did. both the trial court and the first appellate court on a ..... not possessed of sufficient funds.21. there is no merit in the contention of the learned counsel for the defendant. explanation (i) to section 16(c) of the specific relief act, 1963 provides :--'where a contract involves the payment of money, it is not essential for the plaintiff to actually tender to the defendant or to deposit in court any money ..... the suit in view of the restrained order passed against him, copy of which is ex. p6 in the said civil suit on 27-2-1992.15. article 54, limitation act, 1963, prescribes a period of limitation of three years for a suit for specific performance of the contract. such period is to be reckoned from the date fixed for performance .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2002CriLJ3178
..... of criminal procedure, 1898 which correspond respectively to sections 464 and 465 of the code, and held that in judging a question of prejudice, as of guilt, courts must act with a broad vision and look to the substance and not to technicalities, and their main concern should be to see whether the accused had a fair trial, whether he ..... does not apply. the essential condition for the operation of either section is that the intention in one case and object in the other should be common and if the act is in excess of or beyond the intention or object of the members, they cannot be constructively liable for it.16. in the present case the prosecution has examined ..... the two sections are not to be confused. the principal element in section 34 is the common intention to commit a crime. in furtherance of the common intention several acts may be done by several persons resulting in the commission of that crime. in such a situation section 34 provides that each one of them would be liable for that .....
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