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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: himachal pradesh Year: 1995 Page 1 of about 9 results (0.014 seconds)

Aug 09 1995 (HC)

Sadh Ram Vs. State of Himachal Pradesh and anr.

Court : Himachal Pradesh

Decided on : Aug-09-1995

Reported in : 1996ACJ880

..... any dispute that in the present claim petitions also, the liability of the insurance company would be limited to the contract of insurance.52. various decisions were placed before this court regarding amending section 92-a, which was added by the amending act of 1982. this section regarding 'no fault liability' was discussed in some of the decisions cited before us. it ..... a vested right to get compensation, under the social welfare legislation, namely, the motor vehicles act, but their remedy was prevented in view of the law, namely, unamended section 166 of the act of 1988. the owners of the vehicle and insurance company under the terms of contract, namely, insurance policy, are liable to compensate for the injuries sustained or death caused due ..... not to pay the compensation, but the only right they acquired is to contest the claim petition by taking recourse to unamended section 166 of the act of 1988. as we have already stated, during the pendency of the ..... to motor accident. it was their legal obligation to compensate under the contract of insurance. therefore, they did not acquire any right .....

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Aug 09 1995 (HC)

Sadh Ram and ors. Vs. State of H.P. and anr.

Court : Himachal Pradesh

Decided on : Aug-09-1995

Reported in : 2(1996)ACC218

..... any dispute that in the present claim petitions also, the liability of the insurance company would be limited to the contract of insurance.43. various decisions were placed before this court regarding amending section 92-a, which was added by the amending act of 1982. this section regarding 'no fault liability' was discussed in some of the decisions cited before us. it ..... a vested right to get compensation, under the social welfare legislation, namely, the motor vehicles act, but their remedy was prevented in view of the law, namely, un-amended section 166 of the act of 1988. the owners of the vehicle and insurance company under the terms of contract, namely, insurance policy, are liable to compensate for the injuries sustained or death caused ..... not to pay the compensation, but the only right they acquired is to contest the claim petition by taking re-course to unamended section of 166 of the act of 1988. as we have already stated, during the pendency of ..... due to motor accident. it was their legal obligation to compensate under the contract of insurance. therefore, they did not acquire any right .....

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May 10 1995 (HC)

Aggarwal B.L. Vs. Himachal Consultancy Organisation and anr.

Court : Himachal Pradesh

Decided on : May-10-1995

Reported in : (1999)IIILLJ296HP

..... alia provides that nothing in the said section shall affect the right of an employee to receive better terms of gratuity under any award or agreement or contract with the employer. the learned counsel has urged that in view of the above decision of the board of himcon dated september 13, 1985, the ..... constitution, as we are of the opinion that this court can issue an appropriate writ for non-compliance of the provisions of the payment of gratuity act, 1972 ('the act' in short) which is a welfare legislation.7. the first point to be considered is whether the petitioner is entitled to get gratuity only for ..... petitioner shall be entitled to get gratuity for the entire period of ten years of service in terms of sub-section (2) of section 4 of the act for each completed year of service or part thereof in excess of six months at the rate of fifteen days' wages based on the rate of wages ..... the benefit of gratuity on the same basis and subject to the same terms and conditions as are applicable to the employees governed by the payment of gratuity act, 1972.'14. therefore, as this staff regulation was adopted subsequent to the decision of the board dated september 30, 1985, the rate at which the gratuity ..... be the rate of gratuity to which the petitioner shall be entitled for putting ten years of service. sub-section (2) of section 4 of the act provides that for every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to the employee at the rate .....

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Aug 09 1995 (HC)

Partap Vs. Veena

Court : Himachal Pradesh

Decided on : Aug-09-1995

Reported in : II(1997)DMC626

..... to the words 'conclusive proof' used in section 112 of the evidence act, if the birth of the child has taken place during the continuance of a valid marriage between the respondent-wife and appellant-husband, the ..... purpose of disproving it.' the perusal of this definition clearly shows that wherever the legislature has used the word 'conclusive proof' in the evidence act, there is no question of rebuttal, that means no evidence will be permitted to be adduced for the purpose of disproving it. giving this meaning ..... means that the presumption holds 'until it is disproved'. but the definition of conclusive proof is :'conclusive proof.--when one fact is declared by this act to be conclusive proof of another, the court shall, on proof of the one fact, regard the other as proved, and shall not allow ..... but these circumstances should be such which would lead to the inference of adultery in all probabilities. it is correct that proceedings under hindu marriage act are not criminal proceedings where proof beyond reasonable doubt is required and mere preponderance of probabilities is not enough. the proceedings for divorce, on ..... 1.1992 passed by additional district judge (1), kangra division at dharamshala, camp at palampur whereby the petition under the section 13 of the act filed by the appellant-husband for dissolution of his marriage with the respondent-wife and decree of divorce was dismissed.2. the marriage between the .....

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Jun 26 1995 (HC)

Punjab State Electricity Board Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Decided on : Jun-26-1995

Reported in : (1997)IIILLJ627HP

..... laxman thenge and ors. (1970-i-llj-492) (sc).in that case their lordships of the supreme court in para, 8 held thus :'a contract of service being incapable of transfer unilaterally a transfer of service from one employer to another can only be effected by a tripartite agreement between the ..... department of the himachal pradesh government intervened by directing 'the board' that in case the order of labour court was not implemented the prosecution under the act would follow. he was again re-engaged in service on june 5, 1982 by a letter ext. pw 3/a. ultimately, he was transferred ..... his requests. when 'the board' failed to make payment of earned wages to him, he filed application before the authority under the payment of wages act for the disbursement of salary for the month of july 1992. ultimately, after about 2 years the authority directed 'the board' to make payment of ..... officer grid sub-station, division pseb, batala punjab at jogindernagar. the workman raised an industrial dispute in the year 1969 under the industrial disputes act, 1947 (hereinafter the act) before respondent no. 2 (labour court).the labour court on november 15, 1975 made an award in favour of the workman and against ..... award and in default thereof recovery certificate would be issued in respect of the claim of the workman under section 33(c) of the industrial disputes act, 1947.2. the facts on which there is not much dispute are the following : -'punjab state electricity board ('the board' hereinafter) is a .....

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Mar 02 1995 (HC)

United India Insurance Co. Ltd. Vs. Sukha Devi and ors.

Court : Himachal Pradesh

Decided on : Mar-02-1995

Reported in : 1995ACJ796

..... being carried for hire and reward in the truck by the driver. the insurance company has failed to prove the fact that on the date of contract of insurance, the insured vehicle was expressly or implicitly covered by a permit to carry any passengers for hire and reward. the permit has not ..... that the expression 'any one accident' used in section 95 (2) (a) admits of two meanings. in the context of the purpose of the act it signifies as many accidents as number of persons injured in an accident and limit of compensation covered under the insurance policy extends to each claimant. therefore, ..... include legal liability to pay for risk to passengers. the policy also provides for insurance of risks which are not covered under section 95 of the act by stipulating payment of extra premium. these clauses would themselves indicate that what was intended to be covered under clauses 1 and 1 (i) is ..... of compensation, whether insurance company, respondent no. 4, is not liable to pay any part thereof under sections 95 and 96 of the motor vehicles act? opr-48. the parties led evidence and after hearing them, the motor accidents claims tribunal answered all the issues in favour of the claimants and against ..... alleged in para 31 of the reply? opr-4(5) whether petitioners are the dependants entitled to claim compensation under section 110-a of motor vehicles act, 1939? opp(6) whether the accident in question occurred due to rash and negligent driving of respondent no. 3, kartar singh, in respect of track .....

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Sep 08 1995 (HC)

New India Assurance Co. Ltd. Vs. Lachhmi Devi and ors.

Court : Himachal Pradesh

Decided on : Sep-08-1995

Reported in : II(1996)ACC134,1996ACJ496

..... to satisfy the award. it was observed that:the law is well settled that if a breach of a term of contract permits a party to the contract not to perform the contract, the burden is squarely on that party which complains of breach to prove that the breach has been committed by ..... the provisions of the statute is punishable with fine but such a contravention has never strictly been taken to be a criminal act or offence. again, suppose a driver of the vehicle disobeys the driving regulations contained in the tenth schedule and thereby causes an accident resulting ..... the commission of an offence, therefore, cannot be sustained and has to be overruled. moreover, though the contravention of the rules framed under the act is punishable with fine but such a contravention cannot be termed a criminal offence. under a large number of statutes the contravention of the rules of ..... justice denning concluded by observing that the passenger was, therefore, a trespasser, so far as the employers were concerned; but nevertheless the driver was acting in the course of his employment, and that is sufficient to make the employers liable, it will thus be seen that while two of the ..... the insurance company, it has been stated that the deceased/injured were gratuitous passengers, therefore, by virtue of sections 95 and 96 of the motor vehicles act, the insurance company was not liable. further, the driver did not possess a valid driving licence nor had a valid route permit, fitness certificate and .....

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Sep 08 1995 (HC)

New India Assurance Co. Ltd. Vs. Bimla Devi and ors.

Court : Himachal Pradesh

Decided on : Sep-08-1995

Reported in : 1997ACJ967

..... satisfy the award. it was observed that:the law is well settled that if a breach of a term of contract permits a party to the contract not to perform the contract, the burden is squarely on that party which complains of breach to prove that the breach has been committed by ..... rules or the provisions of the statute is punishable with fine but such a contravention has never strictly been taken to be a criminal act or offence. again, suppose a driver of the vehicle disobeys the driving regulations contained in the tenth schedule and thereby causes an accident resulting ..... the commission of an offence, therefore, cannot be sustained and has to be overruled. moreover, though the contravention of the rules framed under the act is punishable with fine but such a contravention cannot be termed as a criminal offence. under a large number of statutes the contravention of the ..... justice denning concluded by observing that the passenger was, therefore, a trespasser, so far as the employers were concerned; but nevertheless the driver was acting in the course of his employment, and that is sufficient to make the employers liable. it will thus be seen that while two of the ..... insurance company, it has been stated that the deceased/injured were gratuitous passengers, therefore, by virtue of sections 95 and 96 of the motor vehicles act, the insurance company was not liable. further, the driver did not possess a valid driving licence nor had valid route permit, fitness certificate and registration .....

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Aug 07 1995 (HC)

Sukh Dev Vs. Bhagwati Devi and ors.

Court : Himachal Pradesh

Decided on : Aug-07-1995

Reported in : II(1996)ACC174,1996ACJ1292

..... the insurance company that the breach was on the part of the insured and that it was the insured who was guilty of violating the promise or infringement of the contract. unless the insured is at fault and is guilty of a breach, the insurer cannot escape from the obligation to indemnify the insured and successfully contend that he is exonerated ..... rolled down about 50 feet, causing death of madan lal on the spot and injuries to other persons travelling therein. the claimants filed their petition under section 166 of the act, alleging that the accident had taken place due to rash and negligent driving of the tractor by its driver som nath, son of mangat ram and claiming compensation amount of ..... kamlesh sharma, j.1. this appeal under section 173 of motor vehicles act (hereinafter called 'the act') is directed against the award dated 27.11.1993 passed by the motor accidents claims tribunal, una, whereby an amount of rs. 1,57,800 was awarded to respondent-claimant .....

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