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, mandi, in .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : IV(2005)BC255,[2005]128CompCas179(HP)
..... in the year 1949 with a view to regulate the profession of chartered accountants and to establish an institute of chartered accountants as is evident from the preamble of the act which reads:'whereas it is expedient to make provision for the regulation of the (profession of chartered accountants) and for that purpose to establish an institute ..... states by the merged states (laws) act, 1949 (59 of 1949), section 3 (1.1.1950) and to the union territories of manipur, tripura and vindhya pradesh by the union territories (laws) act, 1950 (30 of 1950); section 3 (16.4.1950), manipur and tripura are now states under the n.e.a. (reorganisation) act, 81 of 1971 but vindhya pradesh now ..... forms part of the state of madhya pradesh--see act 37 of 1956, section 9(1)(e) (1.11.1956). .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2006(2)ShimLC363
..... limited owner of the suit property and had transferred her entire right, title or interest in favour of keshav and titia vide registered sale deed dated 7.12.1950 which sale deed had been declared null and void being without legal necessity and not affecting the reversionary rights of the plaintiff, whether smt. achhri could become ..... one shri padu was the owner of the suit land. on his death his widow achhri inherited life interest in it. through a sale deed dated 7.12.1950 said achhri transferred the suit property in favour of defendants keshab and titia (now both deceased and represented by their legal representatives.) the sale was challenged by the ..... she was neither in physical, nor in constructive possession. admittedly, the sale was made in the year 1950, long before the coming into force of the hindu succession act and thus achhri was not possessed of the property when the act came into force.12. in view of the above discussion, the finding/observation by the first appellate court .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1971HP29
..... in law is that the defendants were no better than licensees. he relies on the provisions of section 8, sub-section (4) of the administration of evacuee property act, 1950:--'where, after any evacuee property has vested in the custodian any person is in possession thereof, he shall be deemed to be holding it on behalf of the custodian ..... custodian of the evacuee property had similar powers to vary 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 ..... position would have been different if the case of the defendants-appellants had fallen within the purview of the proviso to s. 12, sub-section (1) of the act 31 of 1950, or in other words, a lease had been granted to the defendants before the 14th day of august, 1947. the findings of the courts below dispelled the case .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(2)ShimLC212
..... martial was conditional to minimize the sentence. the words uttered by the petitioner as stated above in hindi will not amount to violation of section 41(1) of the army act, 1950. the petitioner at the most on the basis of the uttering of the words by him could be reprimanded and to be more careful in future. the petitioner ..... go for the operation in militancy infested area. these words by the petitioner could not be used to initiate proceedings against him under section 41 (1) of the army act, 1950.8. i am of the view that if the words used in italics are seen in totality with his reply at page 37, it will not constitute a misconduct ..... . mr. kapil dev sood has submitted that the recording of the summary of evidence as well as constitution of the summary court martial was not in accordance with the army act, 1950 and the rules framed thereunder. mr. kulbhushan khajuria appearing on behalf of the respondents has supported the orders passed against the petitioner. mr. kapil dev sood has drawn .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2003(1)ALT(Cri)5,2002CriLJ4178
..... wishes of pw 5, she was taken to bunga sahib, ludhiana and delhi. while she was with the appellant, against her wish, appellant committed forcible sexual intercourse. this act was committed by the appellant alone.4. in this background, after completion of investigation both the 'accused persons were challanged before the magistrate. after committal, both the accused ..... to some place. thereafter the appellant is stated to have committed sexual intercourse against her wish and consent 2/3 times in a day. none else committed such act with her. she was brought back to nalagarh by her brother and investigating agency. she denied having been got medically examined by the medical officer. she was ..... which does not tally with the version of the prosecutrix as given in the court. the learned counsel for the state relied on section 114a of the evidence act, 1872 which provides that in a trial on charge under section 376(2)(g), ipc on the prosecutrix stating that she was not a consenting party, the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(2007)ACC323,2006ACJ2426
..... or his representative dies or suffers any bodily injury.12. justice s.b. sinha in his concurring judgment held as follows:(25) section 147 of 1988 act, inter alia, prescribes compulsory coverage against the death of or bodily injury to any passenger of 'public service vehicle'. proviso appended thereto categorically states that compulsory ..... goods vehicle from carrying any passenger. this is clear from the expression 'in addition to passengers' as contained in definition of 'goods vehicle' in the old act. the position becomes further clear because the expression used is 'goods carriage' is solely for the carriage of goods. carrying of passengers in a goods carriage ..... vehicle from carrying any passenger. this is clear from the expression 'in addition to passengers' as contained in the definition of 'goods vehicle' in the old act. the position becomes further clear because the expression used is 'goods carriage' is solely for the carriage of goods. carrying of passengers in a goods carriage .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1953HP121
..... . the same is the case here.5. one of the circumstances taken into consideration by the learned sessions judge was that the gun was out of repair. the learned acting government adyocate has cited in this connection--'swami dayal v. state', air 1953 all 353 (b), where it was held that possession of even a broken pistol in an ..... into the possession of another without previously ascertaining that such person is legally authorized to possess the same within the intendment of para 2 of section 22 of the said act, and,secondly, that the trying magistrate had not complied with the provisions of s 256, ct. p. c.4. it is well settled that temporary possession of a ..... gun to the police station for its inspection, it was recovered from his possession by the police and sadh ram was prosecuted for the offence under section 22 of the act.3. the learned sessions judge has made the aforesaid recommendation on two grounds: firstly, that in the above circumstances the gun in question should be deemed to have .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [2003]42SCL177(HP)
..... have been returned back dishonoured to ssl's bankers with remarks 'exceeds arrangement'. as a consequence ssl has initiated a complaint under section 138 of negotiable instruments act, 1988 against htl and its directors, which complaints are pending against htl and its directors before various courts of judicial magistrate 1st class in chandigarh, as per ..... and sab industries vide annexure p-v was also questioned on behalf of the respondents as having been entered upon without complying with the provisions of companies act. audited balance sheets have not been produced by the appellant to support the claim made.21. what emerges from the pleadings of the parties to which ..... acknowledge a time-barred debt. this is exactly the situation in the present case. after the receipt of notice under sections 433 and 434 of the companies act, annexure p-xv, respondent-company instead of disputing anything on facts vide annexure-xx, pleaded its inability to repay the amount. rather a prayer for not .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1998HP32
..... held that the marriage having not been consummated the husband was impotent.12. what is impotency has also to be seen in the context of the provisions of the act. impotency in fact is the lack of ability to perform full and complete sexual intercourse. by now it is very well accepted that partial and imperfect intercourse is not ..... perform sexual intercourse and he was unable to do so, therefore, it was held that he is impotent within the meaning of section 12(1)(a) of the hindu marriage act, 1955.10. in case gudivada venkateswararao v. smt. gudivada nagamani, air 1962 andh pra 151, it has been held that marriage may be avoided or dissolved on the ..... j&k; 130, it was held that an individual generally potent but impotent with respect to his own spouse is impotent for the purpose of the provisions of hindu marriage act and in those circumstances marriage was annulled. however, principle of law enunciated in this judgment is the same as in the case of suvarnabahen v. rashmikant chinubhai shah ( .....
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