Court : Himachal Pradesh
Reported in : AIR1959HP20
..... d. the denotified area, however, continued to be under the civil and criminal jurisdiction of the! east punjab government till 25-1-1950, when the provinces and states (absorption of enclaves) order, 1950, came into force. the respondents frankly admitted that the so-called cantonment area was not and could not have been included in the limits of the ..... granted on the eve of the election. 26. (c) mr. sachar cited veerappa pillai v. raman and raman ltd. air 1952 sc 192. there, in a case, arising out of grant of permits under motor vehicles act, their lordships of the supreme court held that the high court of madras exceeded its powers and jurisdiction in directing the regional ..... exercise them.' 20. (vii) lekh raj v. cantonment board, jullunder cantt. 60 pun lr 66 : (air 1958 punj 356). there, the facts were that many days after the electoral roll under rule 8 had been framed under the cantonments act, the names of 156 persons were included in ward no. 5. thereupon, one lekh raj claiming to be .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (1993)ILLJ99HP
..... the government for the redress of their grievances. nevertheless, it will be an industrial dispute if it comes within the meaning of section 2(k) of the act.................................'32. in (air) 1970 patna 295 (management of radio foundation engineering ltd. and another v. state of bihar and ors.) the court said in paras 15 and 16 of ..... that there was in existence any dispute or there was an apprehension of any dispute in regard to the alleged lock-out. in my opinion, there is no force in the argument put forward on behalf of the petitioner-company. a charter of demands had been made by the workmen in december, 1967. a conciliation proceeding ..... been registered against the workmen. these cases are still pending in the courts. so much so, the striking workers created atmosphere of lawlessness and the management was forced to close down the factory for about a year. various letters were issued to striking workmen to resume their duties, but all efforts of the management and authorities .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1954HP84
..... counsel for the petitioner pointed out that the first review petition was rejected by the financial commissioner on 6-3-1950.8. the facts of this case are similar to those of--'virendra singh v. state of uttar pradesh', air 1954 sc 447 (c). there, the facts were that the rulers of charkari and sarila made certain grants ..... act of state in an area which was being administered by the dominion government in all respects as a chief commissioner's province ..... gration of the states into united states of vindhya pradesh and their subsequent accession to the indian dominion, cannot be revoked as act of state, by the state (of uttar pradesh) in consultation with government of india, after the coming into force of the constitution.''there cannot be nor there could be any confiscation of property, as an .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1962HP43
..... sovereigns and any dispute arising there from must be settled by recourse not to municipal law of either states but to diplomatic action, and that failing, to force. that is an act of state pure and simple, and that is its character until the process of acquisition is completed by conquest or cession. the status of the residents ..... attention to the fact that a revision petition, filed by the plaintiff against the order of the lower court upholding privilege, was rejected by this court on 25-6-1950, since it was not pressed. during arguments, when this fact was brought to my notice, i upheld the learned government advocate'scontention that the question of privilege ..... that does not give a title to these inhabitants to enforce these stipulations in the municipal courts. the right to enforce remains only with the high contracting parties.' air 1947 pc 1. 'where a state has been ceded by a native ruler to the british government the rights which the inhabitants of that state enjoyed against its .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1976HP41
..... the property at the time when the mortgage was created. even if it was so she had become full owner of the property after the coming into force of the hindu succession act.14. the claim of the plaintiff for interest was allowed and the court, therefore, passed a decree for possession of the property.15. the first ..... gone in the witness-box. the plaintiff has stated that smt. madna vati was mentally fit. she was having sound understanding. in cross-examination he stated that in 1950 when he visited her house she possessed good health. however, she might be suffering from illness mentioned in the mortgage deed. in the mortgage deed it has been ..... sub-registrar. she did not produce him in the witness-box. therefore, the presumption of correctness shall become conclusive. according to sennimalai goundan v. sellappa goundan, (air 1929 pc 81) where a person admits execution before the registrar after the document has been explained to him, it cannot subsequently be accepted that he was ignorant of .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1993HP84
..... held merely to be a document being a piece of evidence in the case, which for reasons of clarity and to lend force to the petition was not kept back but produced or filed with the election petition. it was held in no sense to ..... pleadings and reads as under:'15. verification of pleadings.-- (1) save as otherwise provided by any law for the time being in force, every pleading shall be verified at the foot by the party or by one of the parties pleading or by some other person ..... the respondent, along with the copy of petition, the supreme court held that there was no breach of the provisions of the act in regard to the filing of the election petition, since the election petition itself reproduced the whole of the translation in english, ..... to a triable cause of action.64. in dr. jagjit singh v. giani kartar singh, air 1966 sc 773, the supreme court, after referring to the scheme of the act and the rules emphasised that the election petitioner, who is a defeated candidate has ample opportunity to .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1965HP25,1965CriLJ550
..... 227 of the constitution, against that order. a similar point had arisen for decision, in jodhey v. state, air 1952 all 788. in that case sub-section (5) of section 85 of the u. p. panchayat raj act provided that except as aforesaid, a decree or order passed by a panchayati adalat in any suit, ease or proceeding ..... bench was not sitting in any stage of a judicial proceeding, the demarcation proceeding, being not a judicial proceeding. this contention of the learned counsel appears to have force. one of the important ingredients of an offence, under section 228 i.p.c., is that the insult or interruption should have been offered to the public servant, ..... for defining the limits of the land, conducted by bench no. 1, was a judicial proceeding. the term 'judicial proceeding' has not been defined in the himachal act or in the indian penal code.according to section 4(m), criminal procedure code, the term 'judicial proceeding' includes any proceeding in the course of which evidence is or may .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1961HP35
..... 8. it has been held in karam chand v. sant ram tara chand, air 1958 punj 418, following a ruling of the lahore high court reported in yar muhammad v. ghulam sarwar, air 1950 lah 145 that the powers of the court under section 20 of the act were larger than the powers which it possessed under para 17 and further that ..... after the court had ordered the filing of the agreement the other provisions of the act could be made applicable by virtue of sub- ..... appoint an arbitrator on the refusal of the arbitrator nominated by the parties to arbitrate. the air 1938 lah 859 ruling supra has,therefore, no application to cases arising under the act.10. in view of the provisions of section 8 of the act, the learned additional subordinate judge had the jurisdiction to appoint another arbitrator on the refusal of .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1962HP52
..... 1950. the management was vested in an administrator who was appointed by the central government and was to work under the control of the central government. in february, 1955 maulana abdul shakoor was appointed as manager with an honorarium of rs. 100/- per month by the administrator of the dargah committee. under the dargah khawaja sahib act 1955 which came into force ..... governor, himachal pradesh.23. on behalf of the petitioners reliance was placed upon a ruling of the madhya pradesh high court reported in 15 elr 467: (air 1959 madh pra 141), ramakant kesheorao huldurkar v. bhikulal laxmich and chandak. the facts of that case were that shaw wallace and co., were the managing agents ..... . on behalf of the petitioners reliance was also placed upon the following two rulings:--(1) a ruling of the bombay high court, reported in 13 elr 334: (air 1958 bom 314) dr. deorao lakshman anande v. keshav lakshman borkar. (2) a ruling of the allahabad high court; state of uttar pradesh v. audh narain .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : IV(2005)ACC474,2006ACJ2568
..... shall also within thirty days of receipt of such report, forward the same to such claims tribunal and insurer.15. claims tribunals are constituted under section 165 of the act. section 166 deals with application for grant of compensation. section 166, sub-section (4) prior to its amendment in 1994 was as follow:(4) where a police ..... even a report by the police officer can be treated as a claim petition. therefore, the strict rules of pleadings cannot be applied to proceedings under the motor vehicles act, 1988.18. no doubt it is true that in the claim petition filed by legal representatives of kamal dev, the allegations of negligence are totally against the driver ..... a judgment in babu singh v. champa devi 1974 acj 168 (allahabad). para 11 of the said judgment reads as follows:section 110-a of the motor vehicles act lays down the procedure for an application for compensation. while there is nothing in the form which requires that the allegation of negligence should be stated but under .....
Tag this Judgment!