Court : Himachal Pradesh
Reported in : 1989CriLJ1884
..... offence by the children's court at una which court after holding him guilty ordered that the revisionist be kept for a period of seven years for the offence under section 302 of the penal code in special school at haroli or in any other special school or reformatory school or borstal school or any other institution as the state government may deem it fit in view of the provisions of section 23 of the h.p. ..... the offence committed is of so serious a nature or that his conduct and behaviour have been such that it would not be in his interest or in the interest of other children in a special school to send him to such a special school and that none of the other measures provided under this act is suitable or sufficient, the children's court may order that delinquent child to be kept in safe custody in such place and manner as it thinks fit and shall report the case ..... seven years, he could legally order the detention of the revisionist for the period co-extensive with his maximum powers which was a complete mis-construction and violation of the provisions of sub-section (2) of section 5 of the act, since even if as chief judicial magistrate he was enjoying the powers for imprisonment for seven years, the moment he presides over the children's court, those powers become irrelevant as he becomes only one of the members .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1961HP42
..... the word 'earnings' has not been defined in the aforesaid act and it has, therefore, to be assigned its ordinary dictionary meaning. ..... in dealing with other similar cases i have held that normally a businessman ousted from his business premises as a result of proceedings under the land acquisition act will be sufficiently compensated if he is awarded six months income. 11. ..... clause (4) of sub-section (1) of section 23 of the land acquisition act runs as below:--'the damage (if any) sustained by the person interested, at the time of the collector's taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or ..... this appeal by the collector, bilaspur is directed against an order of shri chet ram, the learned additional district judge bilaspur, whereby on a reference under section 18 of the land acquisition act the respondent was awarded a sum ot rs. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1966HP25
..... the learned counsel for the petitioner drew the attention of the court to sections 6 and 7 of the territorial councils act, 1956 and to sections 4 and 14 of the government of union territories act, 1963 and pointed out that qualifications and disqualifications, with respect to membership of the territorial council and those with respect to membership of the legislative assembly, were ..... the scheduled castes in the union territory of himachal pradesh shall be reserved in the assembly constituency of the same name for those castes: (c) every person who immediately before the commencement of this act is a member elected from a constituency to fill a seat in the territorial council of himachal pradesh shall on and from such commencement repre-sent the assembly constituency of the same nanic in the ..... the constitution of india, raises the question of the constitutional validity of section 54 of the government of union territories act, 1963, and of the due constitution of the legislative assembly, himachal pradesh, constituted, under the provisions of that section ..... in 1953, parliament enacted the government of union territories act, making pro vision for legislative assemblies and councils of ministers for certain union territories this act had come into force on the 1st july, 1963 and had repealed the territorial councils act, 1956 section 54 of the government of union territories act contains provisions for the constitution of provisional legislative assemblies cor union ..... act, 1963 .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2007HP1,2006(2)ShimLC326
..... section 19(a)(b) of the specific relief act, 1963 says that the specific performance of a contract may be enforced against either party thereto or any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1995HP8
..... the defence, as noticed above, has been that the plaintiff could not have sought admission to the 9th class in government high school, joh, without obtaining the school leaving certificate from government high school, amb, and as such he contravened the provisions of the education code, on account of which his result of 8th class compartment was withheld and was rightly reverted to 8th class ..... such like cases under the limitation act 1963 (1908) were governed by article 36, for which now there is no corresponding article in the act and thus they will now be governed by the residuary article 113, for which period of limitation is three years from the date of accrual of cause of action and which says ..... 1974, and that also on the strength of the school leaving certificate from government middle school, rapoh-missran, the contention of the defendants that the school leaving certificate of government high school, amb, ought to have been produced before seeking admission at joh is totally unjustified, since it was neither the requirement of communication ..... the meanwhile, he had already sought admission to 8th class in government high school, amb, where he remained admitted from 23rd april, 1974 to 17th october ..... fourth copy was also endorsed to the secretary, board of school education, himachal pradesh, with reference to his letter dated 30th ..... a request thereafter, was made by him to the headmaster, government high school, amb, to admit him in 9th class, which request was turned down .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2003HP131
..... ), it has been held by a learned single judge of andhra pradesh high court that limitation of the one year prescribed under article 134, limitation act, 1963, for an application by an auction purchaser for delivery of possession commences from the date when the highest court passes an order on the application to set aside sale or when the matter ..... sale in execution, and has made an order under rule 92(1) confirming the sale, and an appeal from disallowance has been dismissed by the high court, the three years period provided by the indian limitation act, 1908, schedule i, article 180, for an application under order 21, rule 95, by the purchaser for delivery of possession runs from the date of the order on appeal, the high court having under ..... a question arose as to whether the period of limitation as provided under article 180 limitation act, 1908 (corresponding to article 134, limitation act, 1963) for an application for delivery of possession by the auction purchaser would run from the date of the order of confirmation of sale by the executing court or from the date of dismissal ..... article 134, limitation act, 1963, provides for a period of limitation of one year from the date the sale becomes absolute for an application by the auction purchaser for delivery of possession of immovable ..... limitation act, 1963), has observed :--'upon consideration of the sections and orders of the code, their lordships are of opinion that in construing the meaning of the words when the sale ..... school .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2003HP114
..... of the aforesaid articles, the rajasthan high court held that in view of the finding that the foodgrains were wrongly taken from the plaintiff article 49 (corresponding to article 91 of the limitation act, 1963) was applicable to the suit for the purpose of limitation.44. ..... situation it followed that the impugned act of the forest authorities was not in pursuance of any enactment in force and consequently article 2 was not applicable and article 49 (which corresponds to article 91 of the limitation act, 1963) was held applicable to the suit ..... the seizure was illegal/wrongful, the plaintiff could sue for compensation within one year of the date of seizure as provided under article 80 of the limitation act, the plaintiff, however, instituted this suit on 16-8-1997 by which time his claim had become hopelessly time barred.38. ..... a writ petition filed by the panchayat the high court decided that the rule in question was outside the scope of section 76 of the forest act and therefore ultra vires so far as third class forests were concerned. ..... for the purpose of limitation is to be governed by article 91(b) of the schedule to the act which reads as under :'descriptionof suitperiod of limitationtime fromwhich period begins to run91. ..... b was lawful, whereas the case of the plaintiff is that at the relevant time the marked trees could be felled without any permission, therefore, the felling of the trees by him was not an illegal act and the trees and the scants could not be lawfully seized.14. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2004HP1
..... after due analysis of the aforesaid articles, the rajasthan high court held that in view of the finding that the foodgrains were wrongly taken from the plaintiff article 49 (corresponding to article 91 of the limitation act, 1963) was applicable to the suit for the purpose of limitation.39. ..... in that situation it followed that the impugned act of the forest authorities was not in pursuance of any enactment in force and consequently article 2 was not applicable and article 49 (which corresponds to article 91 of the limitation act, 1963) was held applicable to the suit.38. ..... therefore, if the seizure was illegal/wrongful, the plaintiff could sue for compensation within one year of the date of seizure as provided under article 80 of the limitation act, the plaintiff, however, instituted this suit on 16-8-1997 by which time his claim had become hopelessly time-barred.33. ..... subsequently, on a writ petition filed by the panchayat the high court decided that the rule in question was outside the scope of section 76 of the forest act and therefore ultra vires so far as third class forests were concerned. ..... therefore, this suit for the purpose of limitation is to be governed by article 91(b) of the schedule to the act which reads as under :'description of suitperiodof limitationtimefrom which period begins to run91. ..... the defendants have not led any evidence to prove any act or omission on the part of the plaintiff which may constitute estoppel against him nor this issue was pressed at the time of .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : III(2004)ACC775,2005ACJ962
..... , demolishing, cleaning or painting any ship of which he is not the master or a member of the crew, or handling or transport within the limits of any port subject to the indian ports act, 1908 (15 of 1908), or the major port trusts act, 1963 (38 of 1963), of goods which have been discharged from or are to be loaded into any vessel; orxxx xxx xxx(xxxvii) employed for the purpose of loading or unloading any mechanically propelled vehicle or in the ..... ii, whether the contract of employment was made before or after the passing of this act and whether such contract is expressed, or implied, oral or in writing; but does not include any person working in the capacity of a member of the armed forces of the union; and any reference to a workman who has ..... any person (other than a person whose employment is of a casual nature and who is employed otherwise than for the purpose of the employer's trade or business) who is--(i) a railway servant as defined in section 3 of the indian railways act, 1890 (9 of 1890), not permanently employed in any administrative, district or sub-divisional office of a railway and not employed in any such capacity as is specified in schedule ii, or(ii) employed in any such capacity as is specified in schedule ..... which was being carried out when the accident took place was of the building of the higher secondary school. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2007HP3,[2007(4)JCR424],2006(2)ShimLC300
..... the suit is alleged to be within time by virtue of the provision of section 15 (sic) of the limitation act, 1963.3. ..... the himachal pradesh state industrial development corporation limited, a company incorporated under the companies act, 1956, has filed the present suit through its senior manager (project) shri vinayaka kahol against defendants no. ..... pw-2/a was not admissible in evidence, because the plaintiff being not a bank or an institution to which bankers' books evidence act is applicable, the certified copy of the statement, in accordance with the provisions of the said act, was not admissible in evidence. ..... whether the plaintiff is estopped by its own acts and conduct from filing the present suit? ..... 4 in his separate written statement has also raised the preliminary objections that the suit is not filed by an authorized and competent person, it is barred by limitation, the plaintiff is estopped by the acts, deeds, conduct, delay and latches etc. ..... it is also alleged that on account of various acts of omission and commission, negligence and inaction on the part of the officials of the plaintiff, the factory set up by the defendants, could not be operated successfully and it had to be closed down, which has resulted in financial losses to ..... the plaintiff is alleged to be estopped to file the suit on account of the acts and deeds of its servants. .....
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