Judgment Search Results Home > Cases Phrase: air force act 1950 chapter 1 preliminary Court: himachal pradesh Page 4 of about 500 results (0.136 seconds)

Rikhi Ram Kaundal Vs. Shri Ganu Ram and ors.

Court : Himachal Pradesh

..... reservation of such seats for scheduled castes and scheduled tribes in the legislative assemblies of the various states is made under section 7 of the representation of the people act, 1950. the seat in question is thus reserved for scheduled castes under a valid law. it is, therefore, undeniable that one of the essential qualifications for a candidate ..... qualified to be chosen to fill that seat. admittedly in the instant case the nomination paper filed by respondent no. 1 contains no such declaration. by the very force of the language used in section 33 (2), the conclusion, therefore, is irresistible that respondent no. 1 was not qualified to be chosen to fill the seat ..... court possesses no common law power.'the aforesaid observations of the supreme court have later been approved in baru ram v. smt. parsanni, air 1959 sc 93 and samant n. balakrishna v. george fernandez (air 1969 sc 1201).17. on the facts of the case in hand which are undisputed, there is, therefore, no escape from the .....

The State of Himachal Pradesh Vs. Mirza HussaIn Beg

Court : Himachal Pradesh

Reported in : AIR1954HP33

..... 9 were received by him from jagdish chand (p. w. 13) of messrs. sri kanth chowfla and sons of chamba as octroi duty under 3 receipts dated 21-11-1950, 2-1-1951 and 19-2-1951 but not deposited by him into the treasury. in other words, he was charged with having committed criminal breach of trust in ..... received them) to the secretary, and that the same had not subsequently been deposited by the secretary into the treasury. the learned government advocate cited--'harendra kumar v. emperor', air 1927 cal 409 (a), in support of the argument that once the prosecution has proved the receipt by the accused of the several amounts in question, it is for ..... for an appeal like the present, but the judicial commissioner had no jurisdiction to amend or repeal the provisions of article 157, limitation act. the objection with regard to the appeal being time barred has therefore no force. 4. coming to the merits of the appeal, the procedure with regard to payment of octroi duty has been described by the .....

The Nalagarh Dehati Co-operative Transport Society Ltd. Etc. Vs. Suraj ...

Court : Himachal Pradesh

Reported in : AIR1977HP35

..... rule does not provide, which proceedings had been properly and legally initiated in accordance with that other rule and at a time when the said rule was actually in force. keeping regard to this principle and inasmuch as the new enactment does not provide any substitution in procedure for execution as decree of civil court, the old procedure ..... rules or for which the new rules do not provide, it is obvious that the courts shall have to deal with those proceedings in accordance with the law in force at the time of initiation of those proceedings, the retrospective operation given to a rule of adjective law cannot be taken to idestroy the operation of another rule ..... not repealed. the full bench case reported in ram singh v. the crown, (air 1950 east punj 25) (fb) comes very near this point. it is equally well settled, as their lordships held, that the validity or operation of any order validly passed or any act validly done by a judicial tribunal under the procedural law for the time being in .....

State of H.P. and anr. Vs. Ajit Kumar

Court : Himachal Pradesh

Reported in : AIR1976HP61

..... co.). their lordships referred to (1912) ilr 35 mad 1, air 1935 rang 267 (fb). air 1952 nag 357 (fb). air 1954 mad 1057 (fb), air 1953 sc 198 and finally air 1963 sc 946. according to their lordships right up to 1966 when the delhi high court act was passed there was no authoritative pronouncement or precise definition of the ..... term 'judgment' in the letters patent. in standard glass beads factory v. shri dhar, (air 1960 all 692) a full bench of that court was considering the meaning of ' ..... equilibrium between the parties pending the determination of the respondent's rights in controversy in the writ petition. besides, section 10 (1) of the delhi high court act can be availed of, as its language indicates only where a single judge has exercised the jurisdiction conferred by section 5 (2). that jurisdiction is a jurisdiction .....

Cement Corporation of India Vs. Presiding Officer, Labour Court and or ...

Court : Himachal Pradesh

Reported in : (2004)ILLJ465HP

..... management of the cci in connivance with the so called contractor to escape the rigours of the regulations under the factories act as also in terms of avoiding financial and welfare benefits to him according to the law and rules in force. the claim for the recovery of wages as mazdoor from the management was based on the wage award passed by ..... v. ram chandra dubey and ors., 2001 (1) scc 73 : 2000-ii-llj-1660. the principles enunciated in the earlier decisions in central inland water transport corporation ltd. v. workmen, air 1975 sc 1639 : 1974 (4) scc 696 : 1975-ii-llj-l 17; municipal corporation of delhi v. ganesh razak, 1995 (1) scc 235 :: 1995-i-ljlj-395; hindustan tin works ..... sc 789 : 1981 (1) scc 405 : 1981-i-llj-358 and m.d., u.p. warehousing corporation v. vijay narayan vajpayee, air 1980 sc 840 : 1980 (3) scc 459 : 1980-ii-llj-222 have been summed up: as follows 2000- ii-llj-1660 at p. 1662:'5. ...... whenever a workman is entitled .....

Tara Dutt and ors. Etc. Vs. State of H.P.

Court : Himachal Pradesh

Reported in : 1991CriLJ3339

..... the attention of this court was drawn by shri chandel, observations from cooper. v. wilson, (1937) 2 kb 309 which were quoted with approval in bharat bank ltd., air 1950 sc 188 were extracted in the context of the test of a judicial tribunal. the attributes of a judicial decision were enumerated in that context alone.38. likewise, the decision ..... revision petition filed by the state of maharashtra, and directed the magistrate to frame charges against the accused under section 120-b, ipc and section 7 of the essential commodities act. the supreme court, while examining the provisions of section 251-a, cr.p.c. said (in paragraph 15) that:'........if there is no ground for presuming that ..... the record. a prima facie case is made out under sections 120-b, 420, 468 of the indian penal code and section 5(2) of the prevention of corruption act against all the accused. as such, charge be framed and the case be put up again in the afternoon for putting the charge. sd/-special judge, shimla.present : .....

The State Vs. Nilam Das and anr.

Court : Himachal Pradesh

Reported in : AIR1952HP74

..... only been not raised, but waived, before the sessions judge, and it has not been taken in the grounds of revision filed in this court. these contentions have no force. the plea in question is no plea of the state but the plea of want of jurisdiction raised in defence, and the state is certainly entitled to show the untenability ..... have not been gone into by the sessions judge, and in the reported decision the question of want of jurisdiction did not arise. 12. the said preliminary objection has no force and i hold that the order of the sessions judge is not, and does not amount to, an order of acquittal, that the present revision, and not an appeal, ..... other officers of the opium department were not officers holding the requisite authority under section 14 is therefore well-founded.19. what were the acts done by these unauthorised officers of the opium department on16-8-1950? it is not clear whether they entered the house of nilam das. nor is it clear if they effected any search because it is .....

Himachal Pradesh Financial Corporation Vs. Tourist Hotel and Restauran ...

Court : Himachal Pradesh

Reported in : [1991]71CompCas492(HP)

..... the industrial concern tried to distinguish the above supreme court case, but, in our view, the decision clearly clinches the issue raised before us and is applicable with all force in the present case.18. in the result, the reference is answered in the following manner. the decision in h. p. financial corporation v. himachal printing press ( ..... something akin to an application for attachment of property in execution of a decree at a stage posterior to the passing of the decree. thus, we find no force in the contention of mr. sood that future interest could be allowed at any stage in the execution proceedings. the scheme of the above two sections 31 and ..... comp cas 187 and everest industrial corporation p. ltd. v. gujarat state financial corporation [1987] 62 comp cas 513 ; air 1987 sc 1950 has clearly laid down that future interest could be awarded under the provision of the act while passing an order under section 32. it was thus contended that the question of law to be decided by this hon .....

Fred Howard Haering Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Reported in : AIR1996HP27

..... to expel foreigners, in the context of considering the validity of an order of detention passed by the west bengal government under the provisions of the preventive detention act, 1950, the supreme court observed at page 374 as follows:'article 19 of the constitution confers certain fundamental rights of freedom on the citizens of india, among them, ..... his meeting with mr. simranjit singh mann and that the expenses incurred by him ,and the time spent by him would all be wasted, if he is forced to leave india at this juncture and further that he had not been afforded an opportunity to explain his case at all, the petitioner put forward the plea ..... petitioner. on the other hand, it would be useful to refer to the decision of the supreme court reported in hans muller v. superintendent, presidency jail, calcutta, air 1955 sc 367. dealing with the status and rights of foreigners in india and highlighting the distinction between 'extradition' and 'expulsion' and the powers of the government of .....

Vikram Anand Vs. Rakesh Singha

Court : Himachal Pradesh

Reported in : AIR1995HP130

..... for the time being in force of a constituency shall be conclusive evidence of the fact that the person referred to in that entry is an elector for that constituency, unless it is proved that he is subject to a disqualification mentioned in section 16 of the representation of the people act, 1950 (43 of 1950). (8) immediately after ..... consider in the light of the appropriate law. we also make it clear that all the conditions, subject to which bail was granted, will continue to be in force till the disposal of the appeal. with these observations, the application is ordered. a copy of this order may be given dasti to the counsel for both the ..... an offence punishable under- (a) section 153a (offence of promoting enmity between different groups on ground of religion, race, place of birth, residence, language etc. and doing acts prejudicial to maintenance of harmony) or section 17ie (offence of bribery) or section 171f (offence of undue influence or personation at an election) or sub-section (i) or .....