Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 6 enrolment Court: himachal pradesh Page 1 of about 577 results (0.215 seconds)

Ramesh Kumar Sharma Vs. Smt. Akash Sharma

Court : Himachal Pradesh

Reported in : AIR2008HP78,II(2008)DMC315,2008(1)ShimLC399

..... office and the residences of his superior officers using abusive language against him, humiliated him in the presence of his colleagues and superior officers. all these acts caused mental cruelty to the appellant. the respondent had filed two divorce petitions. these were compromised in the fervent hope that the respondent would live normally, ..... is, having illicit relations with his sister-in-law (bhabi), smt. sushma devi. these wild allegations have caused great mental cruelty to the petitioner. the acts mentioned above have caused great mental harassment to the petitioner and she has deserted the petitioner for more than two years without any reasonable cause,(ii) that ..... . there is no cohabitation between the parties since 1982 as admitted by the respondent. although the concept of mental cruelty cannot be cribbed and confined to particular acts, the decision of the hon'ble supreme court in samar ghosh v. jaya ghosh : (2007)4scc511 , lays down the principles applicable. the court held:98 .....

State of Himachal Pradesh Vs. Pramodh chand and others

Court : Himachal Pradesh

..... died due to vomiting and dysentery. pw11 had not suspected any foul play regarding the death of sakina. 16. therefore, we are of the considered view that there was no act directly or indirectly of curetly done by the accused persons which can be brought under sections 498-a and 306 of the indian penal code such view of ours is .....

Oriental Insurance Company Ltd. Vs. Nanak Chand and ors.

Court : Himachal Pradesh

Reported in : 2009ACJ2240,2008(3)ShimLC518

..... has deposed that the claimant did not approach him nor did he again examine the witness.24. the present case pertains to the claim petition under the motor vehicles act and not a prosecution under the indian penal code. therefore, the degree of proof required to prove a fact is not beyond reasonable doubt but preponderance of probability.25 ..... heard learned counsel for the parties and also perused the record.mr. a.k. sharma has assailed the award for the reason that petition under section 166 of the 'act' was not maintainable as negligence was neither pleaded nor proved and the tribunal erred in holding to the contrary. pursuant to the registration of the f.i.r., ..... driver who is also the owner chose not to lead any evidence and the insurance company, vide order dated 1st march, 2002 was permitted under section 170 of the 'act,' to take all defences and led evidence to prove the same.8. appreciating the material on record, the tribunal held respondent no. 2 to have driven the tractor in .....

Tilak Singh Vs. Shashi Bijulwan and ors.

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 .....

Pradeep Kumar and ors. Vs. State of H.P.

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 .....

Green World Corporation Vs. Income-tax Officer and ors.

Court : Himachal Pradesh

Reported in : I(2007)ACC441,2007ACJ1472,(2006)205CTR(HP)524,[2006]285ITR118(HP),2006(2)ShimLC22

..... for the assessment year 2000-01 ?(2) whether the commissioner of income-tax, in exercise of his revisional jurisdiction, under section 263 of the income-tax act, could have advised/directed the assessing officer to reopen the assessments for the earlier assessment years, pertaining to the respondent (assessee-firm) ?15 for appreciation of ..... order after conducting survey, under section 133a of the income-tax act, the commissioner of income-tax could not have interfered with the same even though he held a view different from that of the assessing officer. he ..... on the merits. while addressing the arguments, learned counsel for the parties mainly confined their submissions to the scope of section 263 of the income-tax act, pertaining to the revisional jurisdiction of the commissioner of income-tax. learned counsel for the respondent-assessee urged that when the assessing officer had passed the .....

Smt. Shushila Devi Vs. Dhani Ram and anr.

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, .....

T.C. Bhatia Vs. Oriental Insurance Co. Ltd. and ors.

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 .....

The Oriental Insurance Company Limited Vs. Vidya Devi and ors.

Court : Himachal Pradesh

Reported in : 2009ACJ1434,2009(1)ShimLC99

..... their lordships of the hon'ble supreme court after taking into consideration the definition of the 'light motor vehicle' as contained in section 2(21) of the motor vehicles act, 1988 have held as under:from what has been noticed hereinbefore, it is evident that 'transport vehicle' has now been substituted for 'medium goods vehicle' and 'heavy goods ..... both light passenger carriage vehicle and light goods carriage vehicle. he has also relied upon definition of 'light motor vehicle' under section 2(21) of the motor vehicles act, 1988. he also contended that though the vehicle in question was registered as a taxi, but it was plied in a private capacity since he was carrying his ..... so drive a transport vehicle (other than a motorcab or motor cycle hired for his own use or rented under any scheme made under section 75(2) of the act) unless his driving licence specifically entitled him so to do. section 2(47) defines transport vehicle to mean a public service vehicle, a goods carriage, an education .....

Dalip Singh Vs. Ram Nath and anr.

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 .....