Court : Himachal Pradesh
Reported in : (1995)IILLJ1001HP
..... over-time allowance paid. the main grievance of the petitioner is that the first respondent, though a creation under the road transport act, 1950 (hereinafter referred to as the act), and an autonomous body, neither controlled nor owned by the state government, has not implemented the several provisions of the motor transport workers ..... owned or controlled by the state government, has to be considered by taking mainly into account the provisions of the act. in relation to himachal pradesh, the provisions of the act were brought into force on march 28, 1958 and the fist respondent transport corporation had come into existence, in implementation of the provisions of ..... that act, its share capital having been entirely contributed by the state and the central government, which had not been in .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (2000)IILLJ1355HP
..... of swil india ltd. to, engage them in that capacity at barotiwala and it is not within the competence of the respondents or pamwi tissues ltd., to force or exercise any control over swil india ltd. to engage any person much less the petitioners as fitters/welders. the respondents have stated that the reengagement and ..... of the labour court implemented, the petitioners have got effective and efficacious remedy under the provisions of the industrial law. in jiwani kumari parekh v. satyabrata chakravorty, air 1991 sc 326: 1990 (4) scc. 737. their lordship have held that before a party could be committed for contempt, there must be a wilful or ..... / fitters. their services were terminated by the management and government of himachal pradesh referred industrial dispute to the labour court under section 10 of the industrial disputes act, 1947 for its adjudication. the labour court quashed the termination of the petitioners as well as other co-workmen vide award dated december 7, 1996 and ultimate .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [1998]92CompCas686(HP)
..... , the magistrate dismissed the complaint in default under section 256 of the criminal procedure code, and acquitted the respondent of the offence under section 138 of the negotiable instruments act, 1881.5. the petitioner thereafter on december 29, 1993, approached the learned magistrate by way of an application seeking the restoration of the complaint which was ..... magistrate refusing to restore the complaint dismissed in default is against law and liable to be set aside.7. in bindeshwari prasad singh v. kali singh , air 1977 sc 2432, it has been held by the apex court as follows (headnote) :'there is no provision in the criminal procedure code empowering a magistrate to review ..... 151 of the criminal procedure code, subordinate criminal courts have no inherent powers.'8. the apex court again in maj. genl. a.s. gauraya v. s. n. thakur, air 1986 sc 1440, 1442, has held as under (headnote) :'so far as the accused is concerned, dismissal of a complaint for non-appearance of the complainant or .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1992CriLJ3226
..... of any court of any such officer.similar provisions are found in the corresponding enactment in punjab, namely, punjab land revenue act, provisions of which were applicable before coming into force of the h.p. land revenue act.15. since there was no set measurement procedure, to be followed, while defining limits of holding of private individuals, to ..... judicial nature of the revenue officer, as held in radha soami satsang beas through shri madan gopal singh v. state of h.p., ilr 1984 hp 317 : (air 1989 hp 15). since the function to demarcate the limits of any holding or field is a statutory function of a quasi-judicial nature, it is, therefore, ..... recorded, the accused, respondents were questioned under section 313, cr.p.c., wherein they denied having marked or felled the trees from government land or the other acts which according to prosecution constituted conspiracy. laxmi nand pleaded that due and proper demarcation, as per the revenue record was given and he discharged hid duty and .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1974HP1
..... are referred to indira sohanlal v. custodian of evacuee property : [1955]2scr1117 . in that case however. section 58 (3) of the administration of evacuee property act, 1950 specifically provided that the repeal of the corresponding ordinance of 1949 would not affect the previous operation of the ordinance, and it was subject thereto that anything done or ..... of the custodian had become final and therefore it could not be revised under section 27 of the act 31 of 1950. in the first case, the application given to the custodian was pending decision when the amending act came into force and therefore it was held that nothing had become final under the ordinance 27 of 1949 and ..... therefore section 27 of act 31 of 1950 was applicable and the order of the custodian was revisable.27. section 58 (3) .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1972HP26
..... in or in the vicinity of which any of his majesty's regular forces or regular air forces are quartered and which has been declared by notification to be a cantonment for the purposes of the acts in that behalf for the time being in force. the administration of cantonment areas, almost from their first establishment has been ..... for military officers and it is expedient to make better provision for that purpose; it is hereby enacted as follows:'this act remained in force till it was repealed by the cantonments (house-accommodation) act. 1923.'14. thus from the aforesaid history as has been taken out from the book of the cantonment laws in ..... for obvious military reasons subject to special regulations. the first general cantonment act, a .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1956HP61
..... have been-the ancestor of prabhu and the defendants but that would not be sufficient. under the proviso to section 59 (1) (d), punjab tenancy act, which was in force here when nazku and santi died, the defendants had to prove, not only that khyalu was their common ancestor, but further that the land had been under ..... the last male occupancy tenant. mutation was effected in favour of the plaintiffs on 21-5-f950. the defendants, however, took forcible possession of the land on 15-6-1950. consequently, the plaintiffs contended that the defendants, as trespassers, were liable to be evicted. 2. the suit was resisted by the defendants on various grounds. inter alia ..... not been impleaded--despite the orders of the court--the plaintiffs should have been non-suited. reliance was placed, in this connection, on--'subbaraya sastri v. seetha ramaswami', air 1933 mad 664 (a), wherein walsh j., remarked that: "a person, who was a necessary party, was not impleaded as defendant in spite of such objection .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1972HP81
..... . so for that matter, i am of the view that the contention put forth by the learned counsel for the appellant carries no force and the contention of the learned counsel for the respondent that the order passed by the collector does not fall within the ambit of ..... must be an order on merits. in this connection he has drawn my attention to the various provisions of the act and reliance is also placed on air 1925 lah 385, kura v. ram chand; air 1943 lah 176 (fb), tulsi dass v. diala ram; (1971) 73 pun lr (d.) 67, mir ..... persons entitled to institute a suit for redemption before the collector for an order directing that his mortgage be redeemed. section 5 of the act provides for summoning of the mortgagee. section 6 lays down the procedure when the petitioner is absent and the mortgagee is present. according to ..... mortgage and that such a suit is not barred and reliance is also placed by him on air 1950 fc 1, thota china subba rao v mattapalli raju; 1966 cur lj 537 (punj); ishar das v. arjan singh .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(2003)ACC93,2002ACJ1618
..... and kundan, balbir singh and surinder singh being sons of the late mohan lal. the deceased mohan lal was working in indian air force. while travelling in an air force truck on 2.2.1989, it met with accident with another truck no. hia 6172. truck no. hia 6172 was on ..... (2)-goods carrying vehicle-general cartage (public carrier). premium charged by the appellant in this case was as under:_____________________________________________________________licensed own damage liability to 'act only'carrying the publiccapacity risks______________________________________________________________(a) to (c) xxx xxx xxx(d) exceeding rs. 850 plus rs. 240 rs. 200rs. 200 for5080 ..... company issues following type of policies:(1) comprehensive insurance policy: covers loss of or damage to the insured's vehicle by accidental external means or malicious acts, fire, external explosion, lightning, self-ignition, frost (for private cars only), burglary, housebreaking or theft, riot and strike, flood, inundation, typhoon .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1998CriLJ1829
..... same post and with the same designation as he was holding immediately before such commencement. 28. the act came into force on 16th september, 1985. by sub-section (1) of section 82, the opium act, 1857, the opium act, 1878 and the dangerous drugs act, 1930 are repealed. sub-section (2) which provides for saving, lays down :notwithstanding such repeal, ..... eliminate 'the mischief' so identified. 32. our supreme court has adopted the same approach in the construction of penal statutes. in state of kerala v. mathai verghese air 1987 sc 33 : 1987 cri lj 308 the question that fell for consideration was whether the embargo contained in section 489-a of the indian penal code in ..... sub-para (1) of paragraph 26 concerns the legal position relating to both chance recovery and non-chance recovery of a contraband under the act. in mohinder kumar v. the state, panaji, goa air 1995 sc 1157 : 1995 cri lj 2074 it was further re-iterated that in respect of accidental recoveries :from the stage he had reason .....
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