Judgment Search Results Home > Cases Phrase: civil defence amendment act 2009 Sorted by: recent Court: himachal pradesh Page 1 of about 775 results (0.069 seconds)

Union of India (Uoi) Vs. Dhani Ram and ors.

Court : Himachal Pradesh

..... for determining the market value of the acquired land.it is now settled principle of law that the market value of the acquired land has to be determined on the crucial date of notification under section 4 of the act and only the genuineness of the sale transaction has to be taken into account and the market value has to be assessed on the basis of comparable sale transaction which has taken place in the area concerned and ..... has held that the classification of the land is immaterial but here the land has not been acquired for such a purpose but has been acquired for the purpose of the defence of the country and therefore, the value of the land has to be assessed according to the classification of the land. ..... it is equally true that even though large chunk of land was acquired for setting up of defence establishment but, however, individual share holding of each claimant is not very big and substantial.the increase of the amount of the market value is also not very high and is just about 10% from ..... defence purpose all the lands should have been granted ..... solitary sale instance can also be considered for determining the market value of the acquired land.the fact that the claimants land was acquired in terms of the notification issued under the provisions of the act is not in dispute. ..... who were not satisfied with the award of the land acquisition collector filed land reference petitions under section 18 of the land acquisition act, 1894 (here-in-after referred to as the act). .....

Trilok Chand and Santosh Kumar Vs. State of H.P.

Court : Himachal Pradesh

..... it appears that resealing of the three gunny bags and the remaining three parcels was done subsequently on noticing that the requirement of section 55 of narcotic drugs and psychotropic substances act, which says that the case property is to be produced before the sho of the concerned police station, who is to reseal the same with his own seal, had not ..... fact that pw-12 anjani kumar procured tatima of an abandoned dhara, near the site of the alleged search and seizure, also probabilises the defence plea that there is a dhara near panarsa bridge and the three bags containing charas were recovered from that dhara and then planted upon ..... the suggestion not only gives a lie to the prosecution story, but also probabilises the defence plea that bags were recovered by the police from an abandoned place and taken to police station, aut, on 10th july, 2004, during day time and lateron and a false case was foisted ..... admitted the suggestion of the defence counsel that they had been cited as witnesses of the prosecution in a few cases, under the narcotic drugs and psychotropic substances act, earlier also.19. ..... noticed some contradictions in the evidence of the prosecution, which may not seem to be relevant, if examined without taking into account the defence plea, but when they are looked into in the light of the defence plea, they assume a great deal of significance. ..... is that two constables went to the shopkeeper, one in uniform and the other in civil dress, to fetch scale and weights. .....

Kartar Singh and ors. Vs. State of H.P.

Court : Himachal Pradesh

..... statements of the accused were recorded and two of the accused jaswant and surjit in their statements took up the plea of private defence that raja ram came to their house, kicked open the door and when jaswant came out raja ram gave a blow with the darat ..... and therefore there was not pre-meditation and there was a sudden quarrel then also the six accused by ganging up together have taken undue advantage and also acted in a cruel and unusual manner by tethering the deceased to a tree and then beating him and as such they are not entitled to the benefit of exception 4.46. ..... was raja ram who had come to the door of their house and attacked accused jaswant singh when he came to open the door and thereafter when jaswant and surjit while acting in self-defence gave injury to the arm of the accused and then tied him to the tree. ..... the latin word alibi means 'elsewhere' and that word is used for convenience when an accused takes recourse to a defence line that when the occurrence took place he was so far away from the place of occurrence that it is extremely improbable that he ..... she denied that jaswant and surjit acted in self defence and caused injuries on the arm of the deceased and thereafter ..... inspires confidence and in fact the plea of the accused that they acted in self-defence appears to be a concocted story.25. ..... jaswant singh acted in self defence is totally unbelievable ..... her father had kicked the door of the house of kartar and attacked surjit and jaswant and they acted in self defence.9. .....

Raj Kumar @ Raju Vs. State of H.P.

Court : Himachal Pradesh

Reported in : 2009(2)ShimLC474

..... is covered by exception-2 to section 300 of the indian penal code, which reads as follows:300 exception 2-culpable homicide is not murder if the offender, in the exercise in good faith of the right of private defence of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation, and without any intention of doing more harm than is necessary for the purpose of ..... the body extends to causing death-the right of private defence of the body extends, under the restrictions mentioned in the last preceding section, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any ..... 10g of the indian penal code speaks of the situations and circumstances in which the right of private defence extends to the causing of death ..... . right of private defence of the body and of property.every person has a right, subject to the restrictions contained in section 99, to defend:first-his own body, and the body of any other person, against any offence affecting ..... . next question is whether the act of the appellant is covered by part 'first' or part 'second' of section 304 of the indian penal ..... . therefore, his act, in our considered view, is covered by first part of section 304 of the indian penal code.as a sequel to the above discussion, we partly allow the appeal, set aside the conviction of the appellant, under section 302 of .....

Sh. Parmodh Chand Vs. Himachal Road Transport Corporation, Through Its ...

Court : Himachal Pradesh

orderthe services of shri parmodh chand who was appointed as a driver vice office order no. hrtc/dmdsl/ 1-88/82 dated 2.4.1991 and now is on probation are no longer required by this corporation. general manager himachal road transport corpn.,dharamsala.6. petitioner preferred an appeal (annexure a-4) before the appropriate authority which stood decided in terms of order dated 19.5.1993 (annexure a-5), contents of which are also reproduced as under: office

Smt. Kartari Devi and ors. Vs. Udham Singh and ors.

Court : Himachal Pradesh

Reported in : 2009(1)ShimLC353

..... the appellants in the first appellate court filed an application under order 6 rule 17 cpc, which was dismissed but in revision this court allowed the amendment, thereafter, an additional issue 12(a) of adverse possession was framed. ..... the attestation of mutation in favour of non-occupancy tenant under sub-section (3) of section 104 of the act read with rule 28 affects the rights of a land owner in the property to his detriment and, therefore, the rule is mandatory. ..... 3531 was attested behind the back of udham singh without following mandatory provision of law, and therefore, the jurisdiction of the civil court remains intact and it has not been ousted.substantial questions of law no. 1 to 3.6. ..... the full bench answered that question in the following manner:the civil court has no jurisdiction to go into any question connected with the conferment; of proprietary rights under section 104 of the h.p. ..... tenancy and land reforms act in the civil court without resorting to the provisions of act itself?5. ..... tenancy and land reforms act, 1972, except in a case where it is found that the statutory authorities envisaged by that act had not acted in conformity with the fundamental principles of judicial procedure or where the provisions of the act had not been complied with.9. ..... they took almost the same defence as was taken by appellants in the written statement. .....

Anil Chandel Vs. State of H.P.

Court : Himachal Pradesh

Reported in : 2008CriLJ1792,2008(I)ShimLC370

..... hp-24a 2186 was seized by station house officer, banjar on 10.1.2002 along with 32 deodar sleepers, a forest produce which was being transported without permit in violation of the indian forest act, 1927 (for short 'act'). ..... in state of himachal pradesh section 52-a has been added in the act w.e.f. ..... 121-1 of 2002/ii-ii of 2006 on 20.3.2007 under section 379/34 ipc read with sections 41, 42 of the act. ..... the authorized officer issued show-cause notices to anil chandel owner and ramesh kumar driver of the vehicle in terms of section 52-b of the act. ..... 07/2002 vehicle along with seized timber were produced before the authorized officer for taking action under section 52-a of the act.3. .....

Provident Fund Inspector Vs. Smt. Sudha Sood and ors.

Court : Himachal Pradesh

Reported in : [2008(118)FLR145],(2008)IIILLJ632HP,2008(I)ShimLC367

..... the respondents but there is nothing on record to show that the complainant, who has filed the complaint was authorized to prosecute the respondents and he has been appointed as an inspector under section 13 of the act, hence complaint is defective and its cognizance cannot be taken by the court.15. ..... section 14-ac bars the cognizance of any offence punishable under the act and the scheme by the court unless complaint is filed by competent officer ..... act, 1952 (for short act) read with paragraphs 29, 30 and 38 of the scheme, framed under the act, which is punishable under section 14 (1-a) read with section 14-a of the act ..... lal sharma, civil ahlmad, court ..... the prosecution case and examined four witnesses in defence. ..... section 14-ac of the act prescribes that no court shall take cognizance of any offence punishable under the act, the pension scheme, insurance scheme except on a report in writing of the facts constituting such offence made with the previous sanction of the central provident fund commissioner or such other officer as may be authorized ..... in his statement has not stated that hotel samrat at the relevant time was having more than 20 employees and was covered under the act and the scheme. ..... allegation in the complaint that the person who filed the complaint has been appointed as an inspector under section 13 of the act nor notification to this effect has been placed on record to show that the person who filed the complaint is an inspector appointed under section 13 of the act. .....

State of H.P. Vs. Sat Pal

Court : Himachal Pradesh

Reported in : 2008(1)ShimLC137

order sheetdate order appeal allowed cr. a no. 389 of 200013.11.2007 present :mr. virender kumar verma, additional advocate general, for the appellant;mr. rahul mahajan, advocate, for the respondent/accused.the judgment was pronounced today. the learned counsel were heard on the quantum of sentence. the offence under section 279 ipc is punishable with imprisonment of either description of the term which may extend upto six months or with fine which may extend to one thousand rupees or with both and the offence under section 337 ipc is punishable with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.looking into the gravity of the offence, i feel that the ends of justice would be met if the accused is sentenced to undergo rigorous imprisonment for a term of three months and a fine of rs. 1,000/-, in default of payment of the same further undergo rigorous imprisonment for a term of one month. it is ordered accordingly.the accused is directed to surrender before the trial court within four weeks to serve out the sentence, failing which the trial court shall proceed in accordance with law.

Kamaal Chand Vs. N.C.B.

Court : Himachal Pradesh

Reported in : 2008CriLJ516

..... appellant is aggrieved by the judgment of the trial court whereby he has been convicted of offence under section 20 of the narcotic drugs and ' psychotropic substances act and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of rs. ..... pn or the notice under section 67 of the narcotic drugs and psychotropic substances act, which was issued to the appellant before the recording of the aforesaid statement. ..... thereafter, a notice, under section 67 of the narcotic drugs and psychotropic substances act, was served upon the appellant and he was thereafter questioned as to the source of the recovered charas and where he was carrying it. ..... a confession is irrelevant, under section 24 of the indian evidence act, if it is caused by any inducement, threat or promise having reference to the charge against the accused, proceedings from a person in authority and sufficient, in the opinion of the court, to give the accused person grounds, which would appear to ..... trial court did not believe the defence plea. ..... it was argued that the statement, under section 67, is hit by section 24 of the indian evidence act and article 20(3) of the constitution of india. ..... sharma testified that statement, under section 67 of the narcotic drugs and psychotropic substances act, ex. ..... the argument cannot be accepted for the simple reason that the courts are supposed to go by the definition of 'charas' as given in the narcotic drugs and psychotropic substances act. .....