Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 73 capture of deserters Court: himachal pradesh

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 .....

Shimla Education Society and Trust Vs. State of H.P. and anr.

Court : Himachal Pradesh

Reported in : AIR2008HP4

..... grants in respect of courses and programmes, declaring institutions at various levels and types fit to receive grants, advising the commission constituted under the act for declaring technical educational institutions as deemed universities, setting up of national board of accreditation to periodically conduct evaluation on the basis of guidelines and ..... are concerned, there is a conflict between and overlapping of the functions of the council and the university. under section 10 of the central act, it is the council which is entrusted with the power, particularly to allocate and disclose grants, to evolve suitable performance appraisal systems incorporating norms ..... satisfying the standards or requirement laid down by them, although it satisfied the norms and requirements laid down by the central authority, the state authorities act illegally.17. the hon'ble supreme court had also considered the same and similar issues as raised in this petition in thirumuruga kirupananda variyar thavathiru .....

Prem Kaur and Others Vs. Mahavir Walia

Court : Himachal Pradesh

..... application under subsection (2) or sub-section (3) of section 14, which raises substantially issues as have been finally decided in a former proceeding under this act. the language employed in section 18 is analogous to the principles of res-judicata contained in section 11 of the code of civil procedure. the learned rent controller ..... the court shall presume that the landlords need pleaded in the petition is genuine and bonafide under section 13-b of the east punjab urban rent restriction act, 1949. it was necessary for the learned appellate court to cite the judgment in this para. the learned appellate authority by relying upon baldev singh bajwa ..... immediate possession of the residential buildings and/or non-residential building by the non-resident indian. this provision does not exist in the h.p. urban rent control act, 1987. the learned appellate authority has reproduced the concluding portion of para 20 of the judgment reported in baldev singh bajwa versus monish saini, 2005(2) rcr .....

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 .....

Himachal Road Transport Corporation Retired Employees Union Vs. Himach ...

Court : Himachal Pradesh

Reported in : 2009(1)ShimLC310

..... sought to be achieved. their lordships have held as under:there is no dispute that the icar though it is a body registered under the societies registration act, 1960, is a body which is sponsored, financed and controlled by the central government. there has been a continuous mobility of personnel between central government ..... scheme.3. definitions:in this order, unless the context otherwise requires:(a) 'corporation' means, himachal road transport corporation constituted under section 3 of the road transport act, 1950.(b) 'financial advisor and chief accounts officers' means, an officer of the corporation who is entrusted with the functions of maintaining accounts of pension of the ..... benefit stands on a different footing than a new retiral benefit. and even in case of new retiral benefit of gratuity under the payment of gratuity act, 1972 past service was taken into consideration. recall at this stage the method adopted when pay-scales are revised. revised pay-scales are introduced from, .....

Himachal Road Transport Corporation and anr. Vs. Jarnail Singh and ors ...

Court : Himachal Pradesh

Reported in : 2009ACJ2807,2008(3)ShimLC10

..... place. the judgment in exh. b-1 need not be relied on for coming to the conclusion in a claim petition filed under section 110-a of the motor vehicles act. irrespective of the order of acquittal or conviction in a criminal case, the tribunal is duty bound to look into the entire evidence and come to an independent conclusion regarding ..... . m. karumai animal and ors. it has been held that the plea that the criminal case ended in acquittal has no bearing to reject the application for compensation under the act.12. the learned single judge of the madras high court in m.d. thanthai periyar transport corporation ltd. v. ammani ammal and anr. 1989 acj 847, has held that ..... v. the crown, 'the findings on certain facts by a civil court is not relevant before the criminal court under the provisions of sections 40, 41, 42, 43, indian evidence act, when it is called upon to give a finding on the same facts or vice-versa'. this principle of law is equally applicable to the statements which were or were .....

Banwari Lal Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : 2004CriLJ1067

..... . the first question which arises for considerations is -- whether conviction can be based on the sole and uncorroborated testimony of an approversection 133 of the evidence act, provides :-- 'accomplice :-- an accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon ..... the uncorroborated testimony of an accomplice.' illustration (b) to section 114, evidence act, further provides :-- 'the court may presume that an accomplice is unworthy of credit unless he is corroborated in material particulars.' 18. dealing with the scope ..... in ram narain v. state of rajasthan, (1973) 3 scc 805 : (1973 cri lj 914) and it was held :--'........ section 133, indian evidence act, which falls in chapter ix dealing generally with witnesses, expressly provides that an accomplice is a competent witness and the conviction is not illegal merely because it .....

Himachal Road Transport Corporation and ors. Vs. Krishna Devi and ors.

Court : Himachal Pradesh

Reported in : III(2005)ACC277,2006ACJ1248

..... . as held above, she was definitely above 55 years and, therefore, the multiplier of 10 would be just and reasonable. in fact as per the second schedule to motor vehicles act a multiplier of 8 is provided for this age group, but keeping in view the fact that the mother is a widow, multiplier of 10 is deemed reasonable. the compensation ..... at rs. 1,500 per month or rs. 18,000 per year.17. while fixing a multiplier, the courts can take guidance of the schedule attached to the motor vehicles act. it is also by now well settled and the supreme court has repeatedly laid down that while fixing multiplier, it is not only the age of the deceased, but also ..... deepak gupta, j.1. this appeal under section 173 of the motor vehicles act is directed against the award passed by the motor accidents claims tribunal, bilaspur in the claim petition no. 25 of 1990, decided on 30.8.1993 whereby an award of .....

Himachal Road Transport Corporation Vs. Inder Dass Beakta and ors.

Court : Himachal Pradesh

Reported in : II(2002)ACC398,2002ACJ874

..... . 1 and 2 are only entitled to a total sum of rs. 2,24,000 which is inclusive of any amount paid/deposited under section 140 of the motor vehicles act, besides interest at the rate of 12 per cent per annum on this amount from the date of filing of the claim petition, i.e., 27.10.95 till the ..... school at even the upper middle class level. obviously, the school caters to the need of the upper strata of the society and if the second schedule to motor vehicles act can be termed to be any guide, the compensation could have been a much larger sum. thus in the factual situation, award of compensation at rs. 5,00,000 cannot ..... comes to rs. 2,24,000 to be shared equally by both of them. this amount is inclusive of any sum paid/deposited under section 140 of the motor vehicles act. in addition to this, respondents would also be entitled to 12 per cent interest on this amount from the date of filing of the claim petition, i.e., 30.10 .....

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 .....