Judgment Search Results Home > Cases Phrase: air corporations act 1953 repealed section 5 conditions of service of members Court: himachal pradesh Page 1 of about 3 results (0.123 seconds)

Om Prakash Sood and anr. Vs. State of Himachal Pradesh and anr.

Court : Himachal Pradesh

Reported in : AIR1985HP53

..... section 443 of the corporation act repealed, inter alia, the capital act in the area constituted to be a city or included in a city with effect from the day on which it was ..... 222, 223 and 225 as follows :'but there may be something in the nature of the thing empowered to be done, something in the object for which it is to be done, something in the conditions under which it is to be done, something in the title of the person or persons for whose benefit the power is to be exercised, which may couple the power with a duty, and make it the duty of the ..... this will be the first general election under a new statute after a long interval of time and that, therefore, a lot of spade work would be necessary was pressed into service to plead for a longer than usual time being allowed for holding the election ..... the petitions are disposed of.....................................................................the circumstances disclosed in this case unfortunately seem to give an unhappy impression that whereas the punjab government was for certain reasons somewhat unfavourably inclined towards the members of the superseded committee, the himachal administration is more favourably disposed towards them. ..... pious hope expressed in suraj parkash's case (air 1968 delhi 30) (supra) thus remained unfulfilled so far, but an assurance, presently to be mentioned, held out to a division bench of this court in the recent past, after the enactment of the corporation act, has also still not been carried out.10. .....

Khushi Ram and ors. Vs. the State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Reported in : AIR1982HP97

..... section 44 of the act relates to repeal and savings provision whereby the punjab agricultural produce markets act and the patiala agricultural produce markets act are repealed with a proviso that such repeal shall ..... denned to be a charge for a special service rendered to individuals by the government or some other agency like a local authority or statutory corporation. ..... are of the view that providing of all the facilities under the act is not a pre-condition for the enforcement of the act and issuing of notifications under sections 3 and 4 of the act. ..... it is pointed out that under section 12 of the act, the outgoing members, if not replaced after the expiry of their term, the old members continue to hold the office and the market committee continues to ..... on the contrary, in rameshchandra kacharadas porwal's case, (air 1981 sc 1127) (supra) their lordships of the supreme court observed ..... state of punjab, (air 1980 sc 1008), while dealing with a case under punjab agricultural produce markets act (23 of 1961), laid down certain principles for satisfying the tests for a valid levy of market fee on the agricultural produce bought or sold by licensees in ..... salvation army western territory, (air 1975 sc 846), to show the difference between a ..... state of punjab, (air 1978 punj & har 53) be referred in which reference has been made to the report of royal commission on agriculture in india, 1928, in respect of purchase,sale, storage and processing of agricultural produce and regulating the markets .....

Narinder Kumar and anr. Vs. Ramesh Kumar and anr.

Court : Himachal Pradesh

Reported in : AIR1995HP87

..... chand took place after coming into force of the 1971 act, his estate had become heritable and by virtue of the definition of tenant as given in clause (j) of section 2, the persons mentioned in schedule-i of 1987 act, who were ordinarily residing with him at the time of death, subject to order of succession and conditions specified in explanations i and ii of clause (j) of section 2 will be entitled to retain possession as statutory ..... leased by a municipal corporation or a municipal committee or a notified area committee or a cantonment board;explanation-i: the order of succession in the event of the death of the person continuing in possession after the termination of his tenancy shall be as follows -- (a) firstly, his surviving spouse;(b) secondly, his son or daughter, or both, if there is no surviving spouse, or if the surviving spouse did not ordinarily live with the deceased person as a member of his family upto ..... notwithstanding such repeal, but subject to the provisions contained in sub-section (3), all suits, appeals and other proceedings, including execution proceedings, under the said act, pending before any court or appellate or revisional authority, on the appointed day shall be disposed of in accordance with the provisions of this act, as if the provisions contained in this act were, ..... of full bench in satya devi's case (air 1990 him pra 43) (supra), which was decided after following the dicta of supreme court in damadilal's case (air 1976 sc 2229) (supra) and that .....

Jai Dev Chauhan Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

..... section 25, bombay general clauses act, 1904, provides : "where any enactment is after the commencement of this act, repealed and re-enacted by a bombay act, with or without modification then, unless it is otherwise expressly provided, any appointment, notification, order, scheme, rule, bye-law or form made or issued under the repealed enactment shall, so far as it is not inconsistent with the provisions re-enacted, continue in force, and be deemed to have been made or issued under the provisions so re-enacted unless and until it is superseded ..... union of india, air 1988 sc 191 ; american home products corporation v. ..... 28, and that that does not abrogate the other conditions laid down in that section on which alone action could be taken thereunder and penalty imposed, and one of those conditions is the issue of notice under s. 22(1) or s. 22(2). ..... the petitioner has been given the benefit of approved military service with effect from 9 th september, 1969 by creating a legal fiction as if the petitioner had joined as j.b.t. ..... pandurang vinayak and others, air 1953 sc 244 have explained the deeming provisions as under (para 5):- the order of acquittal was based on the ground that although the notification extended the scope of the ordinance to areas other than those which were mentioned specifically in the schedule thereto, it did not extend to those areas the provisions of the act in spite of the application of the provisions of s.25, bombay general clauses act. .....

A.J. Infrastructures Vs. State of H.P. and ors.

Court : Himachal Pradesh

Reported in : (2008)15VST342(NULL)

..... from time to time inquire into the correctness of all entries in the register of mutations and into all such acquisitions as aforesaid coming to his knowledge of which, under the foregoing sub-sections, report should have been made to the patwari and entry made in that register and shall in each case make such order as he thinks fit with respect to the entry in the ..... person who holds or may subsequently hold any money for or on account of such dealer, to pay into the government treasury in the manner specified in the notice issued under this sub-section, either forthwith or upon the money becoming due or being held, or at or within the time specified in the notice (not being before the money becomes due or it is held), so ..... the proceedings for recovery initiated by the uttar pradesh financial corporation under the uttar pradesh public moneys (recovery of dues) act, 1972 were maintainable in view of section 34(2) of the recovery of debts due to banks and financial institutions act, 1993. ..... to such debts as are incurred by the subjects of the crown by reference to the states sovereign power of compulsory exaction and would not extend to charges for commercial services or obligation incurred by the subjects to the state pursuant to commercial transactions. ..... abuse of process of law, it is for the legislature to amend, modify or repeal it, if deemed necessary. 27. ..... will depend upon the purport and object of the act, as has been held in sri krishna coconut case air 1967 sc 973 itself. .....

Sh. Moti Lal Vs. State of H.P.

Court : Himachal Pradesh

Reported in : AIR1996HP90

..... record it appears that the defendant had preferred objections to the award in question after the receipt of the intimation of filing of the award by the arbitrator vide his letter dated 9-9-1994 and consequently, objections under sections 30 and 33 of the arbitration act were filed on 4-10-1994 in the registry of the court which have been registered as omp no. ..... when a court is called upon to decide the objections raised by a party against an arbitration award, the jurisdiction of the court is limited, as expressly indicated in the arbitration act, and it has no jurisdiction to sit in appeal and examine the correctness of the award on merits. ..... engineering constructions corporation ltd. ..... the objections as framed do not disclose any legal ground for setting aside the award under section 30 of the arbitration act, as alleged? ..... in this behalf it is submitted that question is no more in dispute in view of the authoritative pronouncement of the apex court in case reported in air 1992 sc 732, secretary, irrigation department, government of orissa v. g.c. ..... learned counsel for the plaintiff has submitted that the objections as framed by the defendant do not disclose any legal ground on which those can be set aside and they do not fall within the ambit of section 30 of the arbitration act. ..... as per this judgment it can be safely presumed that it is an implied term of contract and arbitrator has the power toaward pendente lite interest, as such the contention raised by shri chauhan is repealed. .....

Om Prakash Vs. State of H.P.

Court : Himachal Pradesh

Reported in : 2000CriLJ1591

..... appeal preferred by the appellant/accused (hereafter referred to as the 'accused') against the judgment dated november 9, 1998 passed by the learned sessions judge, chamba whereby the accused has been convicted under section 376(2)(e) of the indian penal code and has been sentenced to rigorous imprisonment for ten years and to pay fine in the sum of rs. ..... the learned trial judge found the accused guilty of the commission of an offence punishable under section 376(2)(e) of the indian penal code and accordingly convicted and sentenced him as aforesaid, hence ..... therein it has been mentioned that she showed the condition of her clothes to pw-3 lal chand on the spot and that she had kept the clothes which were torn by the accused and could produce them at the ..... the victim of such cases is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no difficulty to act on the testimony of a victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable. ..... moreover, it has not been put to the accused in his statement under section 313 of the criminal procedure code and thus having been deprived of an opportunity to explain the imputed conduct, the alleged circumstance of his having absconded cannot be lawfully taken into ..... pc under section 27 of the evidence act about his ..... gurmit singh 1996 cri lj 1728 : (air 1996 sc 1393), the trial court held 'that the statement of .....

Village Papers Pvt. Ltd. Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Reported in : (1993)ILLJ99HP

..... wages or such and such amount of bonus, without making this demand before the management, it can be legitimately said, if i may say so with respect, as was said by a bench of this court in the case of the members of the sasamusa workers union, (air) 1952 pat 210, that no dispute had actually cropped up, because no demand was made before the management, there was no refusal of the demand and hence there was no dispute.it may also well ..... for coming into existence of an industrial dispute a written demand is not a sine qua non unless of course in the case of public utility service, because section 22 of the act forbids going on strike without giving a strike notice, but what would connote an industrial dispute, the court held (p. ..... industrial dispute' has been defined in sub-section (k) of section 2 of the act:''industrial dispute' means any dispute or difference between employers and employers or between employers and workmen, or between the workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person.'50. ..... the conciliation officer noticed that mere non-participation by the employer in the conciliation meeting as regards the demand of the union about some service conditions itself was sufficient to conclude that the management was not interested to reinstate the workers. ..... sarathy 1953-i-llj-174 the tribunal however, referred to the decision of this court in sindhu resettlement corporation ltd. v .....

Mohinder Pal Vs. State of H.P. and ors.

Court : Himachal Pradesh

Reported in : AIR1995HP15

..... , or in any contract or in any judgment, decree or order of any court, with effect from the appointed day,-- (i) the grant shall stand extinguished and any service or obligation attached to such land shall stand abolished; and the grantee shall have no liability to perform any condition or obligation to render any service/ attached to such grant; (ii) all rights, title and interest of the grantee in the forests or waste lands held by him, shall vest in the government ..... the himachal pradesh land revenue act, 1953 does not contain any definition of land, however, it defines 'estate' under section 4(5) in the following terms :--'estate' means any area : (a) for which a separate record-of-rights has been made; or (b) which has been separately assessed to land revenue, or would have been so assessed if land revenue had not ..... if is true that these residential and industrial sites will be ultimately allotted to members of the public and they get individual benefit, but it is in the interest of the general community that these members of the public should be able to have sites to put up residential houses and sites to put up factories ..... . corporation of madras, air 1932 mad 474, it has been held that when a definition 'includes' certain things, it should be taken that the legislature either intended to settle a difference of opinion on the point or wanted to bring in other matters that ..... since article 31 of the constitution stands repealed, no grievance can be made by the petitioner .....

Dr. S.R. Mehrotra Vs. State of H.P. and anr.

Court : Himachal Pradesh

Reported in : AIR1997HP51

..... section 12-a provides for emoluments and other terms and conditions of service ..... anything contained in the principal act, as amended by this act, the court, the executive council and the academic council of the university shall, as soon as may be after the commencement of this act, be reconstituted in accordance with the provisions contained in sections 19, 21 and 22 of the principal act, as amended by this act, and every person holding office as a member of such authority immediately before the commencement of this act shall, on the date of such commencement, cease to be member and the said authorities ..... ) the executive council may from time to lime, make new or additional statutes or may amend or repeal the statutes in the manner hereinafter provided in this section : provided that the executive council shall not make any statute or any amendment of a statute affecting the status, powers or constitution of any existing authority of the university, until such authority has ..... sub-section (2) is to the effect that the first chancellor, the first vice-chancellor of the university arid the first members of the court, the executive council, the academic council and the board of management, and all persons who may hereafter become such officers or members so long as they continue to hold such office or membership are hereby constituted a body corporate by the name of 'himachal pradesh university ..... air 1953 sc 375, the court has examined the scope and meaning of the doctrine of colourable .....