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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: himachal pradesh Page 84 of about 840 results (0.019 seconds)

Apr 25 2014 (TRI)

Rattan Lal Sharma Vs. M/S. Suman Motors, Through Its Authorized Signat ...

Court : Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

..... commercial purpose. 8. in the present case, appellant was already having a tipper, which he purchased from some different person and there was no contract, or agreement of warranty with the respondent. respondents services were hired only for making the defective tipper workable. 9. consequently, the appeal is allowed ..... , the appellant cannot be said to be not a consumer, within the meaning of section 2 (1) (d) (ii) of the consumer protection act, 1986. 7. learned counsel representing the appellant places reliance upon a judgment of this commission in dav college managing committee and another versus sushil sharma and ..... the pleas raised by it was that the appellant was not a consumer within the meaning of section 2 (1) (d) of the consumer protection act, 1986, inasmuch as the tipper was to be put to use by him, for commercial purpose, he being a construction contractor. 4. learned district ..... for earning his livelihood, by employing himself, he is not a consumer, within the meaning of section 2(1) (d) of the consumer protection act, 1986. 2. appellant owned a tipper. it was not in working order, so he hired the service of respondent, who is authorised dealer of ..... aggrieved by the order dated 28.11.2013, of learned district consumer disputes redressal forum, shimla, whereby his complaint, under section 12 of the consumer protection act, 1986, which he filed against the respondent, has been dismissed, with the finding that service hired by the appellant, with respect to which, deficiency .....

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Jul 20 1981 (HC)

B. Himmat Singka and anr. Vs. Kuldip Industrial Corporation and ors.

Court : Himachal Pradesh

Reported in : 1981CriLJ1414

..... see no reason why in the matter of contempt it should have some special or peculiar meaning, bowen. l.j., said in re young and harston's contract (1855) 31 ch d 168. that it 'is not a term of art'. and, the ordinary meaning of 'wilful', as defined in the concise oxford ..... thereafter when this matter was taken up on 17-8-1978 and 23-8-1978, no action for initiating the proceedings under the contempt of courts act was taken. the official liquidator and respondent no. 2 did not file a separate application for initiating such proceedings. but in the application filed for ..... any, is practised by the person concerned not on the court but on one of the parties, did not constitute an offence under the contempt of courts act. the learned counsel has also referred to the decision in chhaganbhai norsinbhai v. soni chandu-bhai gordhanbhai : [1976]3scr786 . in this judgment the supreme ..... contained in the said order and that a mere willingness to give an undertaking did not amount to an undertaking actionable under the contempt of courts act. 1971. according to the learned counsel an undertaking must be an undertaking on the face of which the court sanctions a particular course of action ..... shown.shri ahuja further states that his above referred clients are prepared to defend the various proceedings pending before the authority under the payment of wages act. shri ahuja also states that his above referred clients further undertake to complete the accounts of the company within one month and to hand over .....

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May 30 2008 (HC)

The Executive Engineer Vs. Jagdish Chand Gupta

Court : Himachal Pradesh

Reported in : 2008(2)ShimLC158

..... he was not entitled for exclanation charges after the actual date of completion of work;(iii) that the award passed was beyond the terms of the contract; and(iv) that the claim of the respondent was hopelessly time barred and, therefore, the arbitrator had no jurisdiction to adjudicate upon the claim ..... findings but a fresh arbitrator was appointed, for which no reasons have come on record.a preusal of section 14 of the arbitration and conciliation act, 1996, shows that the circumstances under which the mandate of an arbitrator shall terminate, namely, he becomes de jure or de facto unable ..... shimla and there was no occasion for the appointment of fresh arbitrator when the proceedings had been closed by the previous arbitrator due to the act of the respondent himself. it was urged by the learned law officer that it may be correct that the respondent was looking for an arbitrator ..... jai chand bhasin v. union of india and anr. : air1983delhi508 . a perusal of this decision shows that an application under section 20 of arbitration act, 1940, was filed for making reference to arbitration. there was a clause in arbitration agreement that if demand for arbitration was not made by the ..... is against the public policy of india as alleged? ...opo2. whether in making the award in question, the arbitrator has exceeded his jurisdiction and has acted contrary to the terms and conditions of the agreement? ...opo3. whether the arbitrator has failed to give reasons for the award as required under the .....

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Apr 24 1997 (HC)

Giano Devi and ors. Vs. Gian Singh and anr.

Court : Himachal Pradesh

Reported in : 1998ACJ933

..... many factors, viz., chances of future improvement in service and uncertainties of life. some guidance in this behalf can also be had from the schedule added to the motor vehicles act, 1988 as amended up to date. therefore on this basis also we feel that the award made by the tribunal below needs to be modified.14. as a result of ..... sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or(v) any gratuity payable on discharge;xxx xxx xxxindustrial disputes act, 19472(rr) 'wages' means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, express or implied, were fulfilled, be payable to a ..... within the term wages. for ready reference definition of wages under the minimum wages act as well as industrial disputes act is reproduced here-in-below:minimum wages act, 19482(h) 'wages' means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied, were fulfilled, be payable to a person employed ..... been proved to be earned by the deceased. this approach of the tribunal below while assessing the wages was not correct.11. no doubt under the provisions of motor vehicles act the wages have not been defined but a cue can be had from the definition of wages under the provisions of minimum wages .....

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Apr 20 2007 (HC)

Gopal Thakur and anr. Vs. Urmila Mahant and ors.

Court : Himachal Pradesh

Reported in : 2008ACJ238,2007(2)ShimLC168

..... cannot be said that a person holding a learner's licence is not entitled to drive the vehicle. even if there exists a condition in the contract of insurance that the vehicle cannot be driven by a person holding a learner's licence, the same would run counter to the provisions of section ..... be liable to satisfy the decree.in the present case, the respondent no. 3 insurance company has failed to prove violation of section 3 of the act and rule 3 of the central motor vehicles rules, 1989. therefore, findings of learned tribunal that insurance company is not liable to pay the compensation amount ..... company has supported the impugned award and has submitted that the scooter was being driven at the relevant time in violation of section 3 of the act and rule 3 of the central motor vehicles rules, 1989 and insurance policy. therefore, the insurance company is not liable to pay any amount on ..... the validity of learner's licence period. the driver was competent and authorized to drive the scooter. the learned tribunal has misconstrued section 3 of the act and rule 3 of the central motor vehicles rules, 1989. the accident has taken place during the validity of insurance policy. there is no violation ..... hit by scooter at dhalpur chowk, kullu on 29th november, 1999. the petitioners filed the claim petition under section 166 of the motor vehicles act, 1988 (for short 'the act') claiming compensation of rs. 28 lacs on account of death of prem singh. it is the case of the petitioners that respondent no. 1 .....

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Jul 21 1999 (HC)

Santo Devi and anr. Vs. Guru Nanak Lime and Marble Industry and ors.

Court : Himachal Pradesh

Reported in : 2000ACJ842

..... , insurance company in the claim petition but that was done with a view to thrust the statutory liability on the insurance company on account of the contract of insurance. that was not an order of the court itself permitting the insurance company which was impleaded to avail of a larger defence on merits on ..... insurer to raise defences other than those which are available to it under section 96(2)(a) to (c). under section 110-a of the 1939 act, the persons who are entitled to file an application for compensation arising out of an accident of the nature specified in sub-section (1) of section ..... . ltd. v. rajendra kaur 1989 acj 961 (allahabad), the division bench had said that in certain contingencies mentioned under section 110-c (2-a) of 1939 act, the insurance company will have a right to defend the claim even on grounds other than those mentioned in section 96 (2). in the absence of the owner ..... . v. kamarjahan 1995 acj 1150 (mp), a division bench of the gwalior bench while considering the applicability of section 110-c (2-a) of 1939 act held that the provisions of this section are attracted in both situations where insurer is already a party and where on being noticed it is made party during ..... not necessary that insurance company should be made party necessary for adjudication of the claim petition and in section 110-c (2-a) of the motor vehicles act, 1939 where in the course of enquiry, the claims tribunal is satisfied that it may, for reasons to be recorded by it in writing, direct .....

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Oct 30 2012 (HC)

Sh. Palo Ram Vs. Guari and Others

Court : Himachal Pradesh

..... limitation for such suit starts from the date when money secured by the mortgagee become dues. the mortgagor under article 63(b) of the act is entitled to file a suit for possession of immovable property mortgaged within 12 years and the period of limitation for such type of suit ..... has non-suited the plaintiff on the gr ound that he has not adopted the course by filing a suit for foreclosure or possession under the act. the limitation period for plaintiff started in the year 1967 for filing such suit which he has not filed. therefore, plaintiff is not entitled to ..... . it has been submitted that the mortgagors failed to redeem the suit land, therefore, by virtue of section 27 of the indian limitation act, 1963(for short act unless context is otherwise) their right in the suit property has been extinguished. the plaintiff is entitled to possession of the suit land. ..... held that the legislature has taken care to make the relevant provisions of the said act granting relief to debtors by giving overriding effect over the law, agreement, contract or decree contrary to the provisions of the said act. the possession of the suit land is still with the mortgagors/defendants, the plaintiff ..... himself has not filed the suit within the limitation provided under article 61(b) of the act. there is no merit in the .....

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Mar 27 1981 (HC)

Smt. Sewaki Vs. the State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : 1981CriLJ919

..... are satisfied that the deceased was murdered in the house and there is a grave suspicion that the members of the household individually or collectively are responsible for this dastardly act. but suspicion, howsoever grave, cannot take the place of proof.27. the circumstances discussed above do not complete the chain of circumstances. we cannot say without reasonable doubt that ..... that the commission of the crime was the act of someone else, the circumstantial evidence would not warrant the conviction of the accused.23. these observations were reiterated in pohalya motya v. state of maharashtra : 1979crilj1310 in the following ..... far complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused. the circumstances must show that within all reasonable probability the impugned act must have been done by the accused. if two inferences are possible from the circumstantial evidence, one pointing to the guilt of the accused, and the other also plausible. ..... statement already made by him to the investigating officer, the prosecutor asks for the permission of the court to cross-examine the witness under section 145 of the indian evidence act. in order to convince the court that the witness is suppressing the truth, his statement recorded by the police is shown to the court. after the permission is 'granted, .....

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Jun 05 1992 (HC)

Khem Singh and ors. Vs. the State of H.P.

Court : Himachal Pradesh

Reported in : 1992CriLJ3848

..... as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all probability the act must have been done by the accused and the accused alone.(see also rahim beg v. state of u.p., 1972 scc (cri) 827 : (1972 cri lj 1260) and jagta ..... not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused.20. it is also relevant to refer to kishore chand v. state of h.p. air 1990 sc 2140 where in paras 4 ..... of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.17. further, in prem thakur v. state of punjab, air 1983 sc 61 : (1983 cri lj 155), chief justice y. v. chandrachud, speaking ..... not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused.16. again, in sharad birdhi chand sharda v. state of maharashtra, air 1984 sc 1622 : (1984 cri lj 1738) the apex court said .....

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Jun 17 2008 (HC)

Commissioner of Income-tax Vs. Prakash Nath

Court : Himachal Pradesh

Reported in : (2008)220CTR(HP)593,[2008]306ITR1(HP)

..... reduced. in either case, he denies his liability, wholly or partially, to be assessed. similarly, where interest is levied under section 139 of the act, the assessee may deny his liability to pay such interest on the ground that the return was not belated or that the penal provision was not ..... meaning thereby, he is subjected to the procedure for ascertaining and imposing liability on him. if the assessee denies his liability to be assessed under the act, he has a right of appeal to the appellate assistant commissioner against the order of assessment. where penal interest is levied under section 215 by the ..... which he is assessed.16. while considering the issue as to whether order levying interest under sections 139 (8) and 215 are appealable under section 246 of the act, the apex court in central provinces manganese ore co. ltd. v. cit : [1986]160itr961(sc) , has held that clause (c) of section 246 ..... the show-cause notice issued under section 154/155 of the act, the assessee filed the assessment order of the firm kailash nath and associates and stated that he had no objection to the proposed rectification. the ..... . sandeep khanna , holding that without giving any specific notice under section 155 the assessing officer could not have charged interest under the provisions of the act, allowed the appeal. it is this order which is the subject-matter of the present appeals.8. it is important to notice that in response to .....

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