Court : Himachal Pradesh
Reported in : 2007(1)ShimLC93
..... these rules also the provisions at the relevant time were similar. the petitioner was to retire on 6.3.1991 on reaching the age of superannuation. he was, however, given extension of six months and actually retired on 6.9.1991. after giving him the benefit of the service rendered by him in the state of h.p. and in the ..... .1970 and thereafter joined bsf as assistant commandant on 29.7.1970. at the relevant time, the bsf had not framed its own rules and it was governed by the central reserve police force (for short: crpf), rules.2. rule 43 of the said rules provided that the age of superannuation of an officer of the bsf who reaches the ..... constitution of india.(d) failure to conform to the statute under which it is made or exceeding the limits of authority conferred by the enabling act.(e) repugnancy to the laws of the land, that is, any enactment.(f) manifest arbitrariness/unreasonableness (to an extent where the court might well say that the legislature never intended to give authority to .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2003HP5
..... 34. lord hoffman's observations indicate that he agreed that anns (1978 ac 728) was overruled in murphy (1991 (1) ac 398) only in relation to the extension of the 'neighbourhood' rule as laid down in donoghue v. stevenson 1932 ac 562 to economic losses and that the said judgment in anns was not overruled so far ..... of the act has no saving clause when the municipal council is penniless. otherwise, a profligate statutory body or pachydermic governmental agency may legally defy duties under the law by urging in self defence a self created bankruptcy or perverted expenditure budge. that cannot be.'51. efficient maintenance of the portable fire figure engine by defendant no ..... for defendant no. 1 it was not at all incumbent upon his clients to maintain the fire brigade as it was not a duty enjoined upon it under law. according to him the providing of fire fighting service was directory particularly when there is no evidence whether prior to 1966 punjab government, and thereafter himachal pradesh .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : II(2002)ACC220
..... when it was generally expected to be exercised.34. lord hoffman's observations indicate that he agreed that anns was overruled in murphy only in relation to the extension of the 'neighbourhood' rule as laid down in donoghue v. stevenson, to economic losses and that the said judgmnet in annus was not overruled so far ..... of the act has no saying clause when the municipal council is penniless. otherwise, a profligate statutory body or pachydermic governmental agency may legally defy duties under the law by urging in self-defence a self-created bankruptcy of perverted expenditure budget. that cannot be.51. efficient maintenance of the portable fire fighting engine by defendant ..... defendant no. 1 it was not at all incumbent upon his clients to maintain the fire brigade as it was not a duty enjoined upon it under law. according to him the providing of fire fighting service was directory particularly when there is no evidence whether prior to 1966 punjab government, and thereafter himachal pradesh .....
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