Judgment Search Results Home > Cases Phrase: appropriation no 3 act 2005 Court: himachal pradesh Page 1 of about 211 results (0.075 seconds)

State Bank of India Vs. the Central Information Commission and Another

Court : Himachal Pradesh

..... , (2011) 1 scc 496, while reiterating the settled principle of law that right to information is an integral part of the fundamental right to freedom of speech and expression guaranteed by the constitution; the right to information act merely recognizes the constitutional right of citizens to freedom of speech and expression; independence of judiciary forms part of basic structure of the constitution of india; the independence of judiciary and the fundamental right to free speech and expression ..... observe that there is no bar under the act, against the information being supplied by the appropriate authority, in relation to acts or events which have occurred and stand recorded prior to the act being notified in the year 2005. ..... sought in terms of para (i) to (v) and (vii) (supra) for the reason that being fiduciary in relationship, the same was exempted from disclosure under the provisions of section 8(1)(e) and (g) of the right to information act, 2005 (hereinafter referred to as the act). ..... /accepting authority, authors of the annual confidential reports (for short acrs) of respondent santosh kumar kaushal (hereinafter referred to as the applicant), can be disclosed to him under the provisions of the right to information act, 2005, or not. 2. ..... notes on a file about the performance or conduct of another officer, such noting cannot be said to be given to the government pursuant to a fiduciary relationship with the government within the meaning of section 8(1)(e) of the rti act, 2005. .....

Sanjay Hindwan Vs. State Information Commission Through the Registrar, ...

Court : Himachal Pradesh

..... to appreciate the rival contention of the parties, it would be appropriate to refer to section 20(1) of the act, which reads as follows:- 20.penalties (1) where the central information commission or the state information commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the central public information officer or ..... central public information officer or the state public information officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him; provided further that the burden of proving that he acted reasonably and diligently shall be on the central public information officer or the state public information officer, as the case may be. 3. ..... short question involved in this petition is whether the central information commission or the state information commission, as the case may be, has any power to impose penalty other than that prescribed in section 20 of the right to information act, 2005. 2. ..... we find no provision in the act which empowers the commission to either reduce or enhance this penalty. ..... section 20 of the act clearly lays down that in case the commission concerned comes to the conclusion that the information has not been supplied within time without any reasonable cause or has been refused to be given for other .....

Harbhajan Singh Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

..... are clearly of the view that since the said dispute is the subject matter of other litigations and certain orders have been passed therein, it would not be appropriate to us to enter into this dispute as to whether the petitioner is the rightful owner of the land or not. ..... suffice to say, that till the matter is decided against the petitioner in appropriate proceedings, we cannot brush aside the revenue record in which the petitioner is stated to be an ..... contention of the respondents is that the dispute raised by the petitioner is a water dispute within the meaning of the inter state water dispute act 1956 and, therefore, this court has no jurisdiction to decide the matter. ..... counsel for the respondents referred to the provisions of the states reorganisation act, 1956, especially section 107 thereof wherein power has been given to the central government to give certain directions ..... can be no dispute with the proposition that if a water dispute within the meaning of the inter state water disputes act is raised, this court would have no jurisdiction to decide the same. ..... tenancy and land reforms act (for short the act) which have been initiated against the present ..... however, if reference is made to the nomenclature of the act as well as to the definition of 'water dispute', quoted hereinabove, it is obvious that the water dispute has to be a dispute or difference between two or more state ..... has also been placed on another order passed by a division bench of this court on october 4, 2005. .....

Amar Bahadur Vs. State of H.P.

Court : Himachal Pradesh

Reported in : 2008CriLJ92

..... a perusal of this decision of hon'ble apex court shows that the term 'person' means human being with appropriate covering and clothing and footwear. ..... is an appeal filed by the appellant against the judgment of the court of learned sessions judge, mandi dated 7-6-2006 vide which the appellant was held guilt under section 20 of the narcotic drugs and psychotropic substances act, 1985, hereafter referred to as the 'act', and was sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of rs. ..... net result after reference to the above decisions of the above cases would be that the provisions of section 50 of the act would not apply in case the empowered officer had no prior information and the recovery is made suddenly. ..... 2004 (2) slj 980 : 2004 cri lj 5018, the apex court held that when the police party on patrol duty suddenly apprehends the accused, there is no need for compliance with section 50 of the ndps act and the mere fact that no independent witness was joined is not fatal to the prosecution.19. ..... bhanwar lal 2005 cri lj ..... 2005 (3) shim lc 261 and reference was made to the decision of the hon'ble apex court in durgo bai ..... 2005 (1) shim lc 158 ..... 2005 (1) shim lc 54 (supra) it was held that non-joining of independent witnesses in view of the facts of the case was not ..... 2005 (1) shim lc 54 and it was held that mere non-production of specimen seal during the course of trial cannot lead to inference that the entire seizure and recovery is wrong and illegal .....

Ravi Dutt and ors. Vs. State of H.P. and ors.

Court : Himachal Pradesh

Reported in : (2008)IIILLJ795HP,2008(2)ShimLC324

..... obtaining a prior permission from the appropriate government, thus, must be held to be imperative in character.a settlement within the meaning of section 2(p) read with sub-section (3) of section 18 of the act undoubtedly binds the workmen but the question which would arise is. ..... ajay sharma, advocate had strenuously argued that the petitioners have been authorized by way of resolution dated 6th march, 2005 to take necessary steps for the redressal of grievance of the members of the union. ..... it appears from the record that a settlement was arrived at between individual workman and the management under section 18(1) of the act on 31.1.2005. ..... the settlement arrived at between the workmen and the management dated 31.1.2005 is declared void ab initio and against the public policy. ..... similarly, the state government was informed by the management of the settlement dated 31.1.2005 on 8.2.2005, but the state government has failed to look into whether the same is in conformity with sections 25-n and 25-o of the act or not. ..... the management sent a reply to the notice on 21.2.2005 primarily contending therein that the workmen had tendered their resignations voluntarily. ..... thereafter a settlement was arrived at between the workmen and the management on 8.2.2004: the management as per the documents placed on record had entered into settlement with the workmen on 31.1.2005 under section 18(1) of the act. .....

Ssjv Projects Private Limited Vs. H.P. State Electricity Board and anr ...

Court : Himachal Pradesh

Reported in : 2006(2)ShimLC166

..... , learned counsel appearing for the respondents submitted, first and foremost, that the communication dated 11th august, 2005 is not a valid and a binding communication in as much as it was not addressed to a proper, appropriate person and therefore, the respondents were under no obligation to appoint an arbitrator pursuant to the receipt ..... , as the case may be shall be conclusive, final and binding on the parties.subject to the provisions of the contract to the contrary as aforesaid, the provision of the 'arbitration and conciliation act, 1996' or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force shall apply to all arbitration proceeding under this clause.4. ..... . this case therefore, squarely falls within the ambit of clause (a) of sub-section (6) (supra) because the respondents, as a party to the arbitration agreement had failed to act as required under the aforesaid procedure in as much as despite having been requested and called upon by the petitioner to appoint the arbitrator under the aforesaid procedure, the respondents did ..... . since the respondents failed to act as required under the aforesaid procedure the petitioner was well within its rights to request the chief justice to take the 'necessary measure' and the only necessary measure, in the facts and circumstances of this case that i think appropriate and proper to take, is to appoint an independent arbitrator myself because the respondents have forfeited their .....

Ashok Kumar Vs. H.P. State Cooperative Housing Federation Ltd. and anr ...

Court : Himachal Pradesh

Reported in : 2006(1)ShimLC252

..... petitioner having been held up), it approached the principal secretary (cooperation), government of himachal pradesh for transfer of the aforesaid appeal and the principal secretary vide order passed on 14th july, 2005 transferred the appeal cases of various parties including the petitioner herein, from the files of aforesaid additional secretary to himself for disposal. ..... secretary or other officers, actually para 5 of the reply (supra) also perhaps indicates apathy on the part of the government in understanding the true scope and intent of clause (a) of sub-section (2) of section 93 of 1968 act which unambiguously specifies that the decision or order is made by the registrar the appeal shall lie to the state government. ..... notices to all the six parties and afforded them an opportunity of hearing and thereafter he could have passed appropriate orders on the transfer applications filed by respondent no. ..... cardinal principle of law, he would not have violated this basic legal norm by passing the transfer order dated 14th july, 2005 at the back of the petitioner and other five parties whose appeal cases were ordered to be transferred by him. ..... (3) irrespective of whether there is any provision in 1968 act for the transfer of appeals from one officer of the state government to another, admittedly in this case no notice was issued by the principal secretary to the opposite parties before the order dated 14th july, 2005 was passed by him transferring the appeal cases from the file of the .....

Amar Singh Vs. State of Himachal Pradesh Through Principal Secretary ( ...

Court : Himachal Pradesh

..... by means of the present writ petition under article 226 of the constitution of india, the petitioner prays to setaside the order dated 7.12.2005 annexure p-9 of the labour commissioner and direct the respondents to refer the dispute of the petitioner to the labour tribunal, for its determination, as recommended by the ..... would be taken into consideration by the appropriate government to form an opinion. ..... therefore, the appropriate government has to be subjectively satisfied while forming an opinion such power has to be exercised reasonably and in a rational manner, whether a ..... for the above reasons, the impugned order annexure p-9 dated 7.12.2005 passed by the 2nd respondent is hereby quashed and set-aside with the direction that the writ petition alongwith its annexures be considered as representation of the petitioner and the 2nd respondent ..... accordingly, the petitioner was informed as per section 12(5) of the act that his dispute under reference in view of the above mentioned reasons was not being referred to the labour ..... the 2nd respondent vide his letter dated 7.12.2005 (annexure p-9) rejected the request of the conciliation officer on the ground that the dispute was raised after a lapse of 12 years without any ..... a workman within the meaning of section 2(s) of the industrial disputes act, 1947, in short the act , he was wrongly retrenched from service. ..... this process would shun the act of arbitrariness and unreasonableness, which would be reasonable and exercise of such power in a .....

The Chairman-cum-managing Director H.P. Ex-servicemen Corporation and ...

Court : Himachal Pradesh

Reported in : 2006(3)ShimLC25

..... and uphold the impugned judgment, i direct that upon the application for impleadment being filed by the respondent in the trial court during the course of this week, the learned trial court shall pass appropriate orders thereupon, after obtaining reply of the defendant in the suit within three weeks from today. ..... even though the impugned action of the petitioners forming the subject-matter of the suit, being letter dated 8th august, 2005 did not give any indication at all that the acc had ordered the black listing of one truck, namely, truck hp-24-3510, only in the written statement filed did the petitioners give this information ..... verma did not refer to either any other provision of the act or any rules or regulations made under the act to establish that under the act or by the act, the corporation or any officer or authority of the corporation has been empowered to determine or deal with any issue concerning the black listing of the trucks under the operation of the petitioners. ..... verma, learned senior counsel appearing for the petitioners while drawing my attention to section 26 of 1979 act and by referring to section 15 of the said act submitted that in view of the aforesaid provisions of law the civil court had no jurisdiction to entertain the suit and, therefore, the suit on this account was not maintainable. .....

Oriental Insurance Company Ltd. and ors. Vs. Rajinder Singh and ors.

Court : Himachal Pradesh

..... only one exception to the aforesaid rule of evidence law with respect to proof of documents and that exception relates only to the proof of public documents by production of certified copies of such documents, section 74 of indian evidence act defines public documents which include documents forming the acts or records of the acts of the sovereign authority and of the official bodies and tribunals and also include documents from public officers, legislative, judicial as well as executive. ..... correctness and secondly once under oath and examination this witness is subject to cross-examination by the opposite party so that the opposite party through the mechanism of cross-examination of such a witness can elicit appropriate information concerning the document itself with respect to its veracity, truthfulness background, correctness etc.etc. ..... similarly under section 63 of the evidence act, secondary evidence has been defined and reading together these two sections, it can be safely said that documents, either by way of primary evidence or by way of secondary evidence or otherwise have to be appropriately and properly proved by their production in the courts through witnesses ..... circumstances, obviously proof of disability is required to be established on the record, more especially, when the disability certificate is of the year 2005 which has been signed on 6.9.2005 whereas the accident has taken place on 27.11.2000. 7. ..... nant ram and others, latest hlj 2005 (hp) 153, this court held as .....