Court : Himachal Pradesh
Reported in : 1980CriLJ748
..... the amending act of 1978 did not make any change in sub-sections (1) and (2) but amended the proviso to sub-section (2). ..... ) the relevant part of section 167, before its amendment by code of criminal procedure (amendment) act, 1978. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [1979]118ITR297(HP)
..... since the commissioner had no jurisdiction to revise the order of the aac acting under section 263(1) of the act, we are of the opinion that the view taken by the tribunal is correct. ..... according to the tribunal, the commissioner had no such revisional jurisdiction under section 263(1) of the act. 6. ..... act, 1961. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [1979]117ITR473(HP)
..... a perusal of section 271(1)(a) does indicate that the ito 'in the course of any proceeding under the act' if satisfied that without reasonable cause the assessee has failed to furnish the return, he can direct that he shall pay a sum by way of penalty. ..... in this view of the matter, we answer the question referred to us by saying that the tribunal was right in holding that the aac was not justified in cancelling the order of the ito under section 271(1)(a) of the act. ..... act, 1961. ..... act, 1922, calling for the return of income which was served upon the assessee on may 28, 1959. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1979HP24
..... members of a mohomedan family and the mortgagee enters into possession of the mortgaged item under his mortgage deed, is a suit to recover the share therein by other members of the same family barred by article 144, limitation act, at the end of 12 years of such possession or does adverse possession begin as against the other member only from the date of ouster to their knowledge ? ..... naim-un-nisa bibi, reported in air 1956 sc 548, the supreme court has observed with regard to article 144 of the limitation act, 1908, but the possession of a co-sharer is the possession of all the co-sharers and, therefore, it cannot be adverse to the co-sharers unless there is denial of their rights to their knowledge by the person in possession and exclusion and ouster .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1979HP17
..... lastly, it was contended by shri paul on behalf of the state that the award given by an arbitrator can be challenged only on one of the three grounds mentioned in section 30 of the arbitration act, and since the present contention does not fall within any of thethree grounds, the award of the arbitrator cannot be challenged on this ground. ..... it was held in that case that where several matters were referred to arbitrators who refused to act and the court of tbe first instance passed an order directing them to proceed and to make award and they on the passing of such order made the award, all the proceedings taken by the arbitrators in obedience to ..... section, therefore, gives a statutory recognition to the principle that no arbitrator can be compelled to work in face of his refusal to act as an arbitrator,the principle is recognised by several decisions, the earliest of which is allahabad decision in shibcharan v. ..... this principle is accepted by section 8 (1) (b) of the arbitration act which says that if any appointed arbitrator neglects or refuses to act or is incapable of acting, or dies and the arbitration agreement does not show that it was intended that the vacancy should be supplied, and the parties or the arbitrator, as the case may be, do not supply the vacancy, any ..... find that even this contention is devoid of merits, because the third ground on which an award can be challenged under section 30 of the act is that the award has been improperly procured or is otherwise invalid. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1979HP41
..... the result therefore, is that sub-section (1) of section 14 operates fully in this case, and therefore, on the date of the application of hindu succession act, aurku became the full owner of the suit property, and if she became the full owner of the suit property, she had sufficient power to dispose of ..... right in the property even before the limited right contemplated by sub-section (2) of section 14 of the hindu succession act came into existence, then sub-section (1) of section 14 would operate and the previously acquired right would ripen into full ..... 'the ratio of this decision of the supreme court is that sub-section (2) of section 14 of the hindu succession act, 1956 acts as a proviso to sub-section (1) thereof only in those cases where the restricted right contemplated by sub-section (2) comes ..... learned additional district judge came to the conclusion that aurku had acquired full ownership rights under section 14 (1) of the hindu succession act over the disputed land and was, therefore, entitled to bequeath this property in favour of the respondent by testamentary disposition. ..... on plain reading of sub-section (1) and sub-section (2) of section 14 of the hindu succession act it is clearl that rights contemplated by both the sub-sections may be acquired in any possible manner ..... 1948 of air):'sub-section (2) must be confined to cases where property is acquired by a female hindu for the first time as a grant without any pre-existing right under a gift, will, instrument, decree order .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1979HP45b
..... to maintenance, the purchaser is legally bound to provide for her maintenance;(4) that the right to maintenance is undoubtedly a pre-existing right which existed in the hindu law long before the passing of the act of 1937 or the act of 1946, and is, therefore, a pre-existing right;(5) that the right to maintenance flows from the social and temporal relationship between the husband and the wife by virtue of which the wife becomes ..... we find that on the application of section 14 of the hindu succession act, 1956, hukmi's rights were enlarged and she became the full owner. ..... is involved in this second appeal is whether a hindu widow of an agriculturist in punjab had a right of maintenance out of family property before the hindu succession act, 1956 came to be applied and, if so, whether the recognition of her said right of maintenance in a consent decree obtained by the parties from court before the said succession act of 1956 was applied, can bring the case of the same widow within sub-section (2) of section 14 of that act.2. ..... matter would obviously not fall within the purview of sub-section (2) of section 14 of the hindu succession act, 1956.8. ..... in the property has ripened into full ownership rights by virtue of the application of section 14 of the hindu succession act, 1956. ..... remain in possession of the property till her lifetime in lieu of her maintenance was recognised for the first time and, therefore, the case falls under sub-section (2) of section 14 of the hindu succession act. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1978CriLJ1619
..... in the latter case of neharoo mangtu satnami (supra) specific reference to section 24 is not made, but it is observed that the question whether confession (to which section 24 of the evidence act applies) was induced by promises or not is immaterial, because general ground for not admitting confessions made either to a police officer, or made under any inducement, or made by persons while ..... cri lj 642, in none of these two cases any discussion on the subject is found, but in the previous case it is observed that section 27 of the evidence act is an enabling section providing an exception to the 'previous ones' which exclude confessions made to or in presence of the police, and in the latter case also similar ..... reference to para 22 of the reported judgment shows that after quoting section 27 the court has observed as under:section 27 is an exception to the rules enacted in sections 25 and 26 of the act which provide that no confession made to a police officer shall be proved as against a person accused of an offence and that no confession made by any person whilst he is in the custody of a police officer unless ..... to a confession or admission of guilt or not as relates distinctly to the fact thereby discovered, may be received in evidence.the notable difference between this section and present section 27 of the evidence act is that while under the above quoted section 150 of the code the fact discovered was required to be deposed to by a police officer, section 27 of the evidence .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [1978]42STC440(HP)
..... it contains a non obstante clause with regard to sub-section (1a) of section 6 and provides as under:(2a) notwithstanding anything contained in sub-section (1a) of section 6 or sub-section (1) or clause (b) of sub-section (2) of this section, the tax payable under this act by a dealer on his turnover in so far as the turnover or any part thereof relates to the sale of any goods, the sale or, as the case may be, the purchase of which is, under the sales tax law of the appropriate state ..... in this writ petition is whether the petitioners herein are liable to pay central sales tax on the turnover of their inter-state trade for the assessment year 1972-73 under section 8(2a) of the central sales tax act, 1956, in view of the fact that the goods in question have been exempted from the state's sales tax by virtue of the incentive rules framed by the government on 12th april, 1971 and the subsequent notification ..... provision the supreme court observed that specified circumstances in that case were that the sales must be to an undertaking engaged in supplying electrical energy to the public under a licence or sanction granted under the indian electricity act, 1910 and the specified condition was that the goods purchased by the undertaking must be used for generation or distribution of electrical energy. ..... 1-company claimed exemption for this inter-state trade under section 8(2a) of the central sales tax act on the ground that the goods in question were also exempted from the state sales tax. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1978HP2
..... tribunals could be interfered with in civil court, the supreme court has observed' as under :-- 'there can be no doubt that the present case falls within the second category mentioned by lord esher, because here the act has entrusted the controller with a 'jurisdiction, which includes the jurisdiction to determine whether there is non-payment of rent or not, as well as the jurisdiction, on finding that there is non-payment of rent, to order ..... this argumentwas developed further by contendingthat if a particular litigant prefers toapproach the civil court for obtainingan eviction decree against his tenant,then in view of the above referred provisions of section 14 (1) of the rent act, hecan plead one of the grounds for eviction contemplated by section 14, and if heobtains a decree on that ground, thenthat decree can be straightway executedbecause the requirement of section 14 (1)would, in that case, be completely ..... forthe fixation of fair rent or evictionagainst widows, minor sons or unmarried daughters of any tenant and all suchsuits and proceedings shall be disposedof in accordance with the provisions ofthis act:provided further that the provisions for appeal under the said acts shall continue in force in respect of suits and proceedings disposed of thereunder: provided further that notwithstanding the provisions of section 14, all orders of ejectment passed whether before ..... considered the provisions of madras estates (abolition and conversion into ryotwari) act (36 of 1948). .....
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