Court : Himachal Pradesh
Reported in : AIR1995HP15
..... assigned arena. we think, the state legislature has not attempted to cross the fence while enacting the impugned legislation to cover the subject matter.69. accordingly, we see no force in these submissions of the petitioner and proceed to reject them.70. now, we take up for consideration the submission that the impugned legisltaion is not protected by article 31a ..... choses in action be acquired. we refer to these paragraphs hereunder:mukherji, j. observed as under (pp. 960-961 of scr): (at pp. 279-280 of air): 'clause (4)(b) of the impugned act read with the provision of section 24 of the same, empowers the state govt. to appropriate all the arrears of rent due to a landlord at a ..... the power to prohibit the exercise of the right. that view does find support in the observations of lord porter in commonwealth of australia v. bank of new south wales, (1950) ac 235 but the present legislation cannot he sustained even on the above interpretation of the word 'restriction', as section 3(1) of the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1952HP5
..... constitution. the parliament declared the court of the judicial commissioner of himachal pradesh to be a high court by the judicial commissioners' courts (declaration as high courts) acts, 1950, which came into force on 26-1-1950. under clause (2) of article 241 the provisions of chapter v of part vi of the constitution relating to high courts in part a states shall apply ..... having had the power to confirm the sentence of death has no force. i would, however, if i may, take this opportunity of submitting for consideration of the authorities concerned the desirability of making some provision, either by an amendment of the judicial commissioners' court (declaration as high courts) act, 1950, or otherwise, whereby the salutary provision under section 377, criminal procedure code, of the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1995HP107
..... the industry was set up in bhopai. he also states that despite repeated demands for the refund of the amount of part payments advanced to the defendants, the latter forced them to enter into litigation. in cross-examination, he has admitted that both directors, namely, s/sh. a.c. aggarwal (pw-2) and a.s. sarao ..... plaintiffs failed to seek and accordingly their being no cause of action against the defendants, plaintiffs suit is not maintainable. alternatively, defendants contend that under the indian interest act, plaintiffs are not entitled to the payment of interest at the claimed rate of 18% per annum. 3. in replication, the plaintiffs reiterated the allegations made in ..... case of smt. sushila devi v. hari singh, air 1971 sc 1756 : 1971 j&k; lr 241, gomathinaya-gam pillai v. palaniswami nadar, air 1967 sc 868 : 1967 1 scr 227, firm bachhraj amolakchand v. firm nandlal sitaram, air 1966 mp 145 and sambhunath chakravarthy v. s. sushma sinha, air 1980 cal 5 by shri bhupender gupta, learned .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1990CriLJ1156
orderbhawani singh, j.1. the petitioner, a transport corporation constituted under the road transport corporation act, 1950, petitions through shri y. d. sandhya, its additional general manager (a. & ll), and appeals to expunge para 13 of the judgment passed by the learned chief judicial magistrate, ..... my opinion, all these officers/officials should be suitably punished for their lapse and lack of supervision. it has been invariably noted that drivers of the buses are oftenly forced to ply buses on the road even if they are having defects which ultimately result in large number of accidents. it would, therefore, be desirable to send a copy ..... judicial pronouncements must be judicial in nature, and should not normally depart from sobriety, moderation and reserve,'6. further, equally important and fundamental are the observations of the court in air 1986 sc 819: (1986 cri lj 911), (niranjan patnaik v. sashibhusan kar), wherein the court in para 23 said as under:'23. it is, therefore, settled law .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1971HP29
..... or cancel leases or allotments so long as these are in respect of evacuee property. section 12 of the act of 1950, reads as follows:--'12. (1) notwithstanding anything contained in any other law for the time being in force, the custodian may cancel any allotment or terminate any lease or amend the terms of any lease or ..... my opinion, the courts below have not erred in holding that the effect of the act 31 of 1950 was to override the provisions of local or state laws as held in abdul sattar v. custodian, evacuee property, (air 1958 andh pra 317). the result was that so long as the property remained vested in the custodian the ..... learned counsel for the defendants-appellants has relied upon an observation in munshi ram v. delhi administration, air 1968 sc 702 at p. 704 where, after citing the provisions of section 19 of the displaced persons (compensation and rehabilitation) act of 1954, their lordships observed:--'the above provisions apply only to properties which are under the control of .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1953HP8
..... with respect the reasoning of chagla, c. j., in the aforesaid ruling, -- 'jeshingbhai v. emperor', air 1950 bom. 363 (at 386, first column), what the petitioner is doing by the present petition is not so much the challenging of the act of the respondent in stopping the carrying on of the petitioner's business as the assertion of a fundamental ..... right of the petitioner, under article 19 (1) (g) of the constitution.13. the plea that the petitioner had other adequate remedy open to it has no force. there is no other statute but the constitution which prescribes the remedy of the enforcement of the fundamental rights, and the power of enforcement of those rights has ..... of part vi of the; constitution which have been excepted from their applicability to this court by section 6 of the judicial commissioners' courts (declaration as high courts) act, 1950.so far as the supreme court is concerned, that hon'ble court has, by reason of article 32 being included in part iii of the constitution, been, .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1966HP25
..... constitution. a court of judicial commissioner was functioning in himachal pradesh at the time of coming into force of the constitution. that court was, under the provisions of the judicial commissioners' courts (declaration as high courts) act, 1950, declared as a high court for certain purposes of the constitution, 22. it is clear, from ..... classification or differentiation on account of historical reasons and that such classification or differentiation does not offend against the provisions of article 14, vide air 1963 sc 222 and air 1964 sc 1179. as already stated, the learned counsel for the contesting respondents, had sought to justify the differentiation, resulting from the ..... has, thus, violated the spirit of our democratic constitution. 'an argument', observed their lordships of the supreme court, in keshavan v. state of bombay, air 1951 sc 128. 'founded on what is claimed to be the spirit of the constitution is always attractive for it has a powerful appeal to sentiment and .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1953HP123
..... may be a proper party, for the disposal of the present suit. that being so, it would be a proper exercise of discretion in the present suit not to force the plaintiffs to implead a party the result of which would only be the rejection of the plaint.10. while i had proceeded so far the learned counsel for the ..... khanki succeeded to it with life interest of a hindu widow. mt. khanki is said to have died in or about 1944 and the present suit was filed in january 1950. the plaint allegation was that since the death of mt. khanki the defendants had been in wrongful possession. it was also pleaded that in case the defendants' possession was ..... a continuation of the claim proceeding under order 21, rule 58 no notice under section 80 was necessary. reliance was placed on--'s. a. rajamier v. subrama-niam chettiar', air 1928 mad 1201 (k), and the passage cited therefrom referred to 'fresh notice'. presumably therefore a notice under section 80 had already been given before institution of the claim .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1962HP59
..... the union of south africa the scope of the principle of audi alteram partem and a writ of certiorari appears to be wider. by the suppression of communism act 1950 the executive acquired sweeping powers over persons and organisations in order to prevent the propagation of communism. section 9 of the actempowered the minister of justice to prohibit ..... become subject to any disqualfication which, if it had existed at the time of his election, would have rendered him ineligible under any rule for the time being in force regulating the qualifications of candidates for election, or if it appears that he was at the time of his election subject to any such disqualifications; (g) if, ..... has come up for consideration before the courts in india also and the leading case on the point is that of province of bombay v. khushaldas s. advani, air 1950 sc 222. the bench which heard the case was composed of kania c. j., fazl ali, patanjali sastri, mahajan, mukherjea and das jj. mahajan and mukherjea jj .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1981HP87
..... in fact, either distinguishable or are not applicable to the facts of the present case.43. on the other hand, in general manager, karnataka state road transport corporation (air 1979 kant 154) (supra), a division bench of the karnataka high court has discussed the whole case law on the point and have taken the view that the provisions ..... view, i am inclined to adopt the reasoning given in the division bench judgment of the karnalaka high court, in general manager, karnataka state road transport corporation's case (air 1979 kant 154) (supra).32. the next question which arises for consideration is as to who are the 'legal re-preseniatives' of the deceased and whether only the ..... followed. in view of this the argument of the learned counsel for the appellant has also no force because the provisions of se -tion 110-aa cannot be made applicable as no payments under the provisions of the workmen's compensation act have been proved to be made.55. so far as the question of compensation which has been .....
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