Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 79 warrants issued under sections 77 and 7 Court: himachal pradesh Page 3 of about 55 results (0.108 seconds)

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 .....

Life Insurance Corporation of India Vs. Mrs. Shashi Sethi and ors.

Court : Himachal Pradesh

Reported in : 2008ACJ2507,AIR2008HP67,2007(3)ShimLC335

..... (p.w. 2 dr. inderjit dewan) that the death was caused either because of any disease suffered by the policy-holder or that the injuries caused in the accident acted as catalyst in aggravating any abnormality caused by any disease and consequently causing the death of the policy-holder. simi larly, ex. p.w. 2/b does not record ..... when the proposal form was submitted.13. in life insurance corporation v. swarnalata sahu , the high court of orissa, while considering the provisions of section 45 of the insurance act (4 of 1938) held that suppression must be fraudulently made by the policy-holder, statement must be of a material nature, the policy-holder must know at the time when ..... should be accepted or not. while making a disclosure of the relevant facts, the duty of the insured to state them correctly cannot be diluted. section 45 of the act has made special provisions for a life insurance policy if it is called in question by the insurer after the expiry of two years from the date on which it .....

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 .....

Ashok Kumar Vs. State of H.P.

Court : Himachal Pradesh

Reported in : 2008(2)ShimLC140

..... to the extent of 30.78 per cent.3. trial court charged the appellant with the offence, under section 20(c) of the narcotic drugs and psychotropic substances act and on the conclusion of the trial convicted and sentenced him, as aforesaid.4. we have heard the learned counsel for the appellant and gone through the record.5 ..... the appellant.8. learned counsel further argued that pw-12 hc om prakash did not comply with the provisions of section 50 of the narcotic drugs and psychotropic substances act, even though he suspected that the appellant was carrying some narcotic drug and also searched his person. he urged that the hon'ble supreme court in dilip and ..... notification. thus, the appellant is liable to be punished not under section 20(c) of the narcotic drugs and psychotropic substances act, as done by the trial court, but under section 20(b) of the said act for which no minimum sentence is prescribed. the offence under section 20(b) is punishable with imprisonment that may extend to ten .....

Sh.Amar Nath Vs. Gurpal Singh

Court : Himachal Pradesh

..... petition for custody of the minor under the provisions of the said act. both the petitions were consolidated. the learned trial court held that gurpal singh father is entitled to take the custody of the minor child and it was accordingly ordered that ..... appears that to operate the said account, amar nath, grand father of raman kumar filed a petition under section 7 of the guardian and wards act read with section 13 of the hindu minority and guardianship act for being appointed as guardian of the minor. this petition was instituted on 18.5.2001. gurpal singh, father of the minor also instituted a .....

Shyam Lal and ors. Vs. State of H.P.

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 .....

Mandeep Guleria Vs. Prithi Singh and ors.

Court : Himachal Pradesh

Reported in : 2009(1)ShimLC203

..... in the motor accidents:before dealing with that question, it will beneficial for us to keep in mind the principles governing determination of a just compensation contemplated under the act. it is trite, bodily injury is to be treated as a deprivation, which entitles a claimant to damages. the amount of damages vary according to gravity of the ..... is entitled to compensation for disability suffered in the accident. his lordship has held as under:whenever, in a petition filed under section 166 of the motor vehicles act, 1988, it comes out as an admitted fact that a person has suffered permanent disability on account of an injury caused to him by or through an accident ..... 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 .....

Kokla Devi Vs. Chet Ram and anr.

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 .....