Court : Himachal Pradesh
Reported in : AIR1989HP15
..... on his part to comply with the order within the specified period, he be evicted from the said premises, if need be, by the use of such force as may be necessary. be it stated that the only submission which was made on behalf of the petitioner before the collector was that a proper lease deed ..... inunauthorised occupation and was not liableto be ejected on that ground. now, the rightsof a tenant holding over are dealt with insection 116 of the transfer of property act. thesaid section, in so far as it is material, providesthat if a lessee of property remains inpossession thereof after the determination ofthe lease granted to him and the ..... and to bring such a new tenancy into existence there mus be a bilateral act: (see kai khushroo bezonjee capadia v. bai jerbai hirjibhoywarden, air 1949 fc 124, ganga duttmurarka v. kartik chandra das, air 1961 sc 1067 and bhawanji lakhamshi v. himatlal jamnadas dani, air 1972 sc 819. we are herein concerned with a property owned by successive governments .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1979HP35
..... areas:provided that neither the whole nor any part of a cantonment, municipality of any class, or a notified area under section 241 of the punjab municipal act, 1911, as in force in himachal pradesh, or a small town committee shall be included in a sabha area:provided further that the government may, in any particular case, relax these ..... no. 348 of 1975 of that court on 23-8-1978 : (air 1979 punj & har 46). the court in that case considered the vires of section 10 of the punjab municipal act which empowers the state government to withdraw by a notification from the operation of the act any area of any municipality constituted thereunder. we were taken through the ..... all the citizens residing in chanyana gram sabha area are to be treated equally even after the abolition of the bifurcation. this argument is, therefore, devoid of any force.7. it was lastly contended that at any rate as a result of the bifurcation made by the notification dated 11th may, 1978, sawindhar gram sabha had come .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1961HP2
..... proceed with the petition in accordance with law.the learned district judge thereafter held that the petitioner had appointed one shri amar singh, a member of the armed forces, as his polling agent and as such was guilty of corrupt practice as defined in rule 80(6)(c) of the territorial councils (election of members) ..... below :section 20. 'the central government may make rules to regulate all or any of the following matters for the purpose of the holding of elections of members under this act, namely : ... ... ... ... ...... ... ... ... ... (k) any other matter relating to elections or election disputes in respect of which the central government deems it necessary to make ..... departmental officers could be scrutinized for ascertaining that their conclusions were right or wrong. in the case of bidya bhushan v. state of orissa, reported in air 1960 orissa 68, it was held that it was not the function of the high court, while exercising its jurisdiction under article 226 to examine the weight .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1988HP21
..... reason why such an agreement should not be enforced just as it may be enforced for a redistribution of the agricultural land where the wesh system is still in force. speaking generally, however, the greater part of the village site is in most cases indivisible in the nature of things, and with due regard to the rights ..... and profits derived therefrom, respectively, are to be borne by, and divided among, those persons, or any of them' (see : section 119 of the punjab land revenue act, 1887),' (bracketted portion supplied)6. the characteristics and incident of a village site or abadi deh have been the subject-matter of discussion in certain judicial decisions to which' ..... 500/- in all) for the continuing breach. the order with respect to penalty was passed in the purported exercise of the powers conferred by section 22 of the act. an appeal carried to the second respondent (deputy commissioner, shimla) against the said decision was partly allowed on august 16, 1986 vide annexure p-3 and it was .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1962HP19
..... is set aside on the ground of the electoral rolls being defective and the election of the other candidates returned is allowed to stand does not appear to have any force. it will have been noticed that the main ground on which the petition in khanna's case was allowed was that the cantonment area was included in ward no. ..... conformity with the provisions of section 30(2) of the ajmer merwara municipalities regulation no. 6 of 1925 as amended by act 65 of 1950. the aforesaid ruling was considered in the full bench case reported in (1961) 63 pun. lr 485 : (air 1961 punj 429) supra and the following observations were made by dulat, j. : 'on reconsidering the matter in the ..... other petitioners in 1958 and 1959 for the setting aside of the solan municipal elections held in 1958. 18. at first blush there appears to be a good deal of force in the contention advanced on behalf of the respondents, but on closer scrutiny the contention advanced on behalf of the petitioners will be found to be more .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1981HP36
..... in brief, of c.m.p. (m) no. 9 of 1976. 3. the himachal pradesh ceiling on land holdings act, 1972 (referred to as the act) came into force on 28th july, 1973. permissible area of land which a person can hold in any capacity is laid down by section 4 ..... is taken away he should be afforded an opportunity of being heard. the supreme court in union of india v. j. n. sinha, air 1971 sc 40 (41) observed: 'whether the exercise of a power conferred should be made in accordance with any of the principles of natural ..... allotted to some one or might have actually been cut and removed. in this connection reliance is placed on (1978) 1 scc 248 : (air 1978 sc 597); mrs. maneka gandhi v. union of india. 11. i find no reason for not setting aside the impugned order. in ..... court found the orders valid and that that was the reason for not setting them aside. 12. in the case of maneka gandhi, (air 1978 sc 597), it is true, that the supreme court in its wisdom decided not to sot aside the impugned order. but then .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1976HP16
..... of the constitution provides that no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence. the prohibition against ex post facto legislation in the constitution of the united states has ..... necessary to refer to those decisions.16. shri sud then relies on bajammal v. the chief judge, air 1950 mad 185 where the madras high court held that when the fair rent is fixed under section 4 of the madras buildings (lease ..... provisions of the himachal pradesh statute before us. shri d.p. sud also relies on nandu ram v. jagannath parshotam das, air 1953 him pra 53 but it seems to me that the observations in that case run contrary to what he suggests. and in ..... has received attention in philips v. eyre, (1870) 6 qb 1. in rao shiv bahadur singh v. state of vindhya pradesh, air 1953 sc 394 the supreme court of india considered it to be a paramount principle that ex post facto laws which retrospectively create offences .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2004CriLJ3768
..... date of cognizance or issuance of process, for determination of period of limitation prescribed in section 468, cr.p.c. the first submission of shri vashi has, therefore, no force and has got to be rejected.'15. in dr. anand r. nerkar v. smt. rahimbi shaikh madar, 1991 cri lj 557, while dealing with a question as in ..... to be issued by the magistrate against the accused under section 204 of the code.13. in devarapalli lakshminarayana reddy v. v. narayana reddy, 1976 cri lj 1361 : (air 1976 sc 1672) while examining the meaning of the expression 'taking cognizance of an offence' the hon'ble supreme court held as under :--'14. this raises the incidental question ..... the magistrate :provided that, when the complaint is made in writing, the magistrate need not examine the complainant and the witnesses--(a) if a public servant acting or purporting to act in the discharge of his official duties or a court has made the complaint; or(b) if the magistrate makes over the case for inquiry of trial .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2002CriLJ3949
..... consideration of the evidence led before him while acquitting the accused of the offence under section 3(2)(v) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989, convicted and sentenced the accused for the offence under section 302, indian penal code, as aforesaid.25. the accused, feeling aggrieved by the conviction and sentence imposed ..... , trust that, if the practice exists, it will be discontinued in deference to the clear direction of section 360 of the criminal procedure code. 11. in natho khan v. emperor air 1932 sind 145 : 1933 (34) cri lj 216 while dealing with the non-compliance of the provisions of section 356 of the old code, which applied to the magisterial ..... one taken in natho khan's case (supra), had been taken in sankatha misir v. bishwanath air 1931 allahabad 2 : 1931 (32) cri lj 368, re raju shetty air 1960 mysore 48 : 1960 cri lj 373 and chhotu v. state of gujarat air 1967 gujarat 115.13. in l.d. healy v. state of uttar pradesh (1969) 1 scc .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1957HP1
..... that section 98 refers only to the sums enumerated thereunder as well as sums recoverable as arrears of land revenue under the land revenue act or any other enactment for the time being in force. he argued: that condition no. 8 would not amount to a statute and section 98 does not refer to agreements.under these circumstances ..... they can now be heard to say that they are being unlawfully 'deprived' of their property. in dwarkadas shrinivas v. the sholapur spinning and weaving co. ltd., air 1954 sc 119 (h), bose j., observed that:'by substantial deprivation i mean the sort ofdeprivation that substantially robs a man of those attributes of enjoyment, which normally ..... not in the prescribed form, it was always open to the government to ratify it. reliance was placed, in this connection, on chaturbhuj vithaldas v. moreshwar parashram, air 1954 sc 236 (i), where their lordships of the supreme court observed as follows:''the provisions of article 299 (1) were not inserted for the sake of mere .....
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