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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: himachal pradesh Year: 1991 Page 1 of about 11 results (0.015 seconds)

Jan 14 1991 (HC)

Himachal Road Transport Corporation Vs. Arvind Singh Mann and ors.

Court : Himachal Pradesh

Decided on : Jan-14-1991

Reported in : 1991ACJ825

..... dependants of victim are excluded, the amount paid by the state under the scheme is to be excluded by holding that it is an act of foresight by statutory compulsion by which the passenger entered into a statutory contract with the state, due to which his dependants or heirs acquired the benefit. to take this benefit away from the rightful claimants) and ..... , benefit of which can be given to the tortfeasor. the levy of surcharge under the provisions of passengers and goods taxation act is a statutory levy and the moment a passenger pays the amount of statutory levy, a statutory contract comes into existence between the passenger and the state. the amount of levy so collected from passenger is kept apart for being ..... himachal pradesh for which a small surcharge on the passenger tax is charged from passengers of stage/contract carriages under the provisions of the passengers and goods taxation act and as the claims tribunal is required to award just compensation under the provisions of the act to the injured/to the heirs of the deceased, the same necessarily has to be arrived at ..... provides for levying of surcharge on the tax payable by every passenger carried by a stage/ contract carriage for the purpose of insurance of passengers under the scheme which was required to be prepared and notified by the state government. section 3-a of the act reads as under:3-a. levy of surcharge. -notwithstanding anything contained in sub-section (1) of .....

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Nov 01 1991 (HC)

Purewal and Associates Ltd. and anr. Vs. Punjab National Bank and ors.

Court : Himachal Pradesh

Decided on : Nov-01-1991

Reported in : AIR1992HP26,[1993]76CompCas858(HP)

..... writ petition have given away or intended to have give away this general right of lien which was available to the banker both under the indian contract act and in terms of the agreement executed between the bank and the non-applicants? further, would this not have resulted in imposing a condition contrary ..... of lien when that was not the subject matter of the writ petition; nor could he have intended to waive the lien or given a go-by the contract between the parties, as indicated in the documents of loan etc. executed by the parties. the 'misapprehension' and 'mistake' are apparent.46. who then ..... dissent from the view taken by the lower appellate court that it is a question of interpretation. it is not like the construction of a contract. counsel cannot make bargains with the court, nor the court with counsel. the rule is that parties are bound by what counsel do in the ..... of which had already been decreed, does not serve as an acknowledgement of the said portion within the meaning of section 19 of the hyderabad limitation act.31. it, therefore, appears to us that admissions, concessions and withdrawals by counsel are binding upon the party unless he has been induced or misled ..... opening a letter of credit as also to afford all other normal banking facilities and to carry oui its obligations' in accordance with the banking regulation act, 1949.3. on 12th august 1991, the writ petition was listed for preliminary hearing when notice to the respondents was issued to show cause why .....

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Mar 14 1991 (HC)

Gurdev Singh and ors. Etc. Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Decided on : Mar-14-1991

Reported in : AIR1992HP70,1992CriLJ2542

..... off or coerced foranother's benefit, which is the esserice ofinvoluntary servitude.' then, dealing with the contention that the employee in that case had voluntarily contracted to perform the service which was sought to be compelled and there was therefore no violation of the provisions of the thirteenth amendment, the learned ..... these cases. however, the prisoners will be paid the minimum wages as notified by the state government from time to time under the minimum wages act, 1948 from the date of filing of these petitions in this court. these wages will be worked out within a period of three months ..... in no position to bargain with the employer; he would have to accept what is offered to him. and in doing so he would be acting not as a free agent with a choice between alternatives but under the compulsion of economic circumstances and the labour or service provided by him ..... legitimately presumed that when a person provides labour or service to another against receipt of remuneration which is less than the minimum wage, he is acting under the force of some compulsion which drives him to work though he is paid less than what he is entitled under law to receive. ..... imprisonment.6. according to the government, manual work by prisoners sentenced to labour is recognized part of jail administration and discipline as envisaged by prisons act, 1894 and the punjab jail manual, as applicable to himachal pradesh. to prescribe minimum wages for such labour of the prisoners inside the prison -- .....

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May 07 1991 (HC)

Ganga Ram and anr. Vs. Ram Gopal and anr.

Court : Himachal Pradesh

Decided on : May-07-1991

Reported in : AIR1992HP47

..... in the code of civil procedure. there is nothing, in a pending petition seeking ejectment of a tenant under section 14(2) of the act, precluding the landlord from seeking amendment of his petition and bringing before the court future default on the part of the tenant, for a ..... and not inconsistent with anything contained in the act or the rules framed thereunder. we find ourselves in agreement with the observations contained in chaman lal narang v. ashwani kumar, air 1974 ..... practicable, since there is nothing inconsistent therewith contained in the act. the authorities, like the rent controller and the appellate authority, would be free to evolve their own methodology consistent with the principles of fair play ..... limited purposes. in other respects, however, the principles of the code of civil procedure would be attracted subject to a provision to the contrary in the act itself.17. order 23 does not, in terms, apply to proceedings before the rent controller. its principles would, however, be attracted, as far as ..... of rent in some of its provisions. for example, section 20(1) of the act says:'20(1).-- every tenant shall pay rent within the time fixed by contract or in the absence of such contract, by the fifteenth day of the month next following the month for which it is payable .....

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Mar 25 1991 (HC)

Seth Panchhi Ram and Co. Vs. Commissioner of Income-tax

Court : Himachal Pradesh

Decided on : Mar-25-1991

Reported in : (1992)101CTR(HP)143,[1991]192ITR289(HP)

..... its income from karyana shop by alteration and manipulation of the account books and further that the assessee also did not disclose any income from the contract business in the original return filed by him. on the basis of thisfinding, a notice under section 274 read with section 271(1)(c) was ..... penalty proceedings. prior to the taxation laws (amendment) act, 1970, the provision required the penalty order to be passed within two years from the date of completion of the proceedings in the course of which ..... first authority.8. in reply to the arguments of learned counsel for the assessee, learned counsel for the revenue submitted that section 275 of the act sets out the prescribed period of limitation for passing an order of penalty and it uses the words which are crucial as regards the starting of ..... for the parties, it would be pertinent to glance through the provisions of law applicable to the facts of the present case. section 275 of the act, as it originally stood, was as under :'bar of limitation for imposing penalty.--no order imposing a penalty under this chapter shall be passed after ..... on january 21, 1977, and therefore, the order passed on may 23, 1977, was within the period of limitation prescribed under section 275 of the act. the assessee, thereafter, sought reference to this court and this is how the aforementioned question of law has been referred.5. we have heard learned counsel .....

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Jan 14 1991 (HC)

Commissioner of Income-tax Vs. Mohan MeakIn Breweries Ltd.

Court : Himachal Pradesh

Decided on : Jan-14-1991

Reported in : [1991]192ITR134(HP)

..... whether by way of provision of food or beverages or in any other manner whatsoever and whether or not such provision is made by reason of any express or implied contract or custom or usage of trade, but does not include expenditure on food or beverages provided by the assessee to his employees in office, factory or other place of their ..... the nature of entertainment expenditure . . . we are clearly of opinion that in interpreting the expression 'entertainment expenditure' occurring in sub-sections (2a) and (2b) of section 37 of the act the word 'entertainment' should be taken to mean hospitality of any kind extended by the assessee directly in connection with his business or profession.'14. the bench differed from the ..... court in patel brothers' case : [1977]106itr424(guj) . after considering the legislative history, it held as under (at p. 616) :'the expression 'entertainment expenditure' has not been denned in the act. the words have, therefore, to be construed in accordance with their ordinary and natural meaning. where the expression admits of more than one connotation the court will prefer that meaning ..... travelling and taxi expenses' and 'presentation items' for the assessee's guests, suppliers and customers fell outside the purview of the provisions of section 37(2b) of the income-tax act, 1961 ?2. whether the tribunal has rightly held that rs. 25,250 as expenditure incurred on eating facilities by the assessee to its customers did not constitute entertainment expenditure within .....

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Jul 26 1991 (HC)

Dilu Vs. Dhani Ram

Court : Himachal Pradesh

Decided on : Jul-26-1991

Reported in : I(1993)DMC399

..... (3) of rule 6. an extract of any entry from this register, which is duly certified, as provided in sec. 76 of the indian evidence act, 1872 is admissible in evidence for the purpose of proving the relation inter se the members of the family and when the extract is tendered, the same is presumed ..... ors., (air 1929 pc 135).11. the evidence which has been led by the plaintiff was relevant under the provisions of section 50 of the evidence act and the plaintiff, as discussed above, had rightly proved her marriage with swaran in accordance with the customary form of marriage. findings to the contrary arrived ..... mutlabi being the brother of the plaintiff, as such, was competent and the opinion expressed by him was relevant under section 50 of the indian evidence act. his statement also could not have been discarded. both pw-2 hari ram and dw-3 jai dayal being the purohits are also the persons having ..... ground that he was highly interested witness. these observations are also not in consonance with the provisions of law. according to section 50 of the evidence act when the court has to form an opinion as to the relationship of one person to the another, the opinion expressed by conduct as to the ..... register and is maintained by the gram panchayat in accordance with the provision of sub-section (3) of section 5 of the himachal pradesh panchayati raj act and rule 5 of the himachal pradesh gram panchayat rules, 1971. the register is required to be maintained in the gram panchayat by the secretary of .....

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Apr 02 1991 (HC)

State of Himachal Pradesh Vs. Shri Dharam Dass

Court : Himachal Pradesh

Decided on : Apr-02-1991

Reported in : 1992CriLJ1758

..... 'self' (savain).14. p.w. 11 shri lekh ram, secretary of gram panchayat, dhalli has proved the said document which is admissible in evidence under section 35 of the evidence act, in case the original birth register is proved to have been maintained during the course of official business and that too in a proper and regular manner. original register reveals .....

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Jun 12 1991 (HC)

Kasu Bhai and anr. Vs. the State of Himachal Pradesh

Court : Himachal Pradesh

Decided on : Jun-12-1991

Reported in : 1992CriLJ3251

..... consequential recoveries made in this case. other witnesses to the statements and the recoveries are quite well placed and it cannot be said that they are not truthful and they acted at the behest of the police. we see no reason on their part to involve the accused in this case. the trial judge has rightly accepted this evidence in this ..... produced before him, he was questioned by him at length in order to ascertain and satisfy himself whether the statement intended to be made by the accused was a voluntary act on his part. these questions and the statement of the accused were duly recorded (ext. pc/4). after ascertaining that the accused was making the statement voluntarily and without any ..... statement given by the accused. further, it must not have been procured as a result of inducement, threat or promise as is referred to in section 24 of the evidence act. however, the mere bald assertion by the accused that he was threatened, tutored or that inducement was offered to him, cannot be accepted as true without anything more to substantiate ..... . 26. the conduct of an identification parade belongs to the realm and is part of the investigation. the evidence of test identification is admissible under section 9 of the evidence act. but, its value depends on the safeguards, appropriate to a fair test of identification depends on the promptitude in point of time with which the suspected persons are put up .....

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Jan 04 1991 (HC)

The Jawali Harijan Co-operative Agricultural Society Vs. Maghu Etc. Et ...

Court : Himachal Pradesh

Decided on : Jan-04-1991

Reported in : AIR1992HP34

..... the suits is rejected under order 7, rule 11(d) of the code of civil procedure for non-compliance of the provisions of section 76 of the act. rejection of plaint, however, will not have the effect of preventing the plaintiff from instituting a fresh suit on the same cause of action as the ..... when no notice had been served as required under section 76 of the act above, upon the registrar, therefore, the suit was barred and plaint ought to have been rejected under order 7, rule 11(d) of the code of ..... , it was incumbent for the plaintiff to have made appropriate averments in the plaint and prove the fact that notice as required under section 76 of the act had been duly served upon the registrar. the lower appellate court also failed to consider the objection which was raised before it. in view of this, ..... consider the position and decide whether the claim is to be accepted or it is to be resisted. the very language of section 76 of the act leave no manner of doubt that its compliance is mandatory and no suit can be brought against a society without notice having been served upon the registrar ..... therein prescribed stating the cause of action, the name, description and place of residence of plaintiff and the reliefs which he claims. section 76 of the act also provides that no suit shall be instituted against society until the expiration of two months after notice in writing has been delivered to the registrar or .....

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