Judgment Search Results Home > Cases Phrase: civil defence amendment act 2009 Sorted by: recent Court: himachal pradesh Page 3 of about 775 results (0.106 seconds)

Bhup Singh and ors. Vs. Tulsi Ram and ors.

Court : Himachal Pradesh

Reported in : AIR1991HP29

..... before the first appellate court where an application under order 6, rule 17 of the code of civil procedure to include the same amendment was sought from the trial court was moved and the order of the trial court rejecting the ..... in possession of the lands which have fallen to their shares under the consolidation scheme and it is the duty of the authorities under the act to put the parties in the physical possession of the lands in accordance with the provisions of the act and the rules and no symbolical possession has been envisaged nor can the same be inferred being totally foreign to the object and implementation ..... the defendants were also allowed to file a fresh written statement to the amended plaint and thereafter the court proceed to frame such issues as would arise out of the pleadings of the parties, although, it observed ..... after sometime, the defendants moved an application for the amendment of their written statement to enable them to include the plea that the court had no jurisdiction to try the suit and that the ..... similarly, the plaintiffs also moved an application under order 6, rule 17 of the code of civil procedure for the supersession of the contents of para 4 of the plaint and add the following para :'(sic) haza ka kabza mahe besakh, 1959 ko (sic) consolidation of holdings ki or se din gaya prantu kuchh ..... enabled the plaintiffs to rectify a statement based on admission in the plaint and thus changing the very nature of their case and assertion in the defence. .....

Piar Singh Vs. Union of India (Uoi) and ors.

Court : Himachal Pradesh

Reported in : 1985CriLJ860

..... be it stated that section 11 of the criminal law (amendment) act, 1952 not only saves the jurisdiction exercisable by or the procedure applicable to, any court or other authority under any military, naval or air force law, but also declares that for the purposes of any such law, the court of the special judge set up to try, inter alia, an offence punishable under section 5 of the prevention of corruption act, 1947, shall be deemed to be a court of ordinary criminal justice.4. ..... the section, in so far as it does not itself prescribe the ingredients of the offence but enacts that any person, who commits any 'civil offence', which expression, as defined, brings in any offence created under any statute provided it is triable by a criminal court, shall be treated as guilty of an offence against the act, is a piece of legislation by reference or incorporation and it is also a substantive provision. ..... section 69, in so far it is relevant, provides that 'any person subject to this act who at any place in or beyond india commits any civil offence shall be deemed to be guilty of an offence against this act and, if charged therewith under this section, shall be liable to be tried by a court- martial and, on conviction be punishable as follows...... ..... the charge, therefore, was that the petitioner had committed a 'civil offence' and the particulars of such civil offence were specified in the words next following. .....

Parkash Chand Anand, Mandi and ors. Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : AIR1984HP47

..... however, at the preliminary hearing of the petition the challenge was confined only to the following three grounds: (1) section 2 of the himachal pradesh entertainments duty (amendment) act, 1983, which introduces clause (aa) in section 1 of the himachal pradesh entertainments duty act, 1968, so as to define the term 'video exhibition', is discriminatory and, therefore, ultra vires article 14. ..... we are concerned herein with two amendments mads accordingly.the principal act was amended by thehimachal pradesh entertainments duty (amendment) act. ..... so far as the present case is concerned, the amendment which is introduced insection 2 of the principal act by section 2of the amendment act, is material. ..... the petitioners, whoare carrying on business of exhibiting films in theatres situate in towns of mandi, jogindernagar, bilaspur and dharamsala, have challenged herein certain provisions of the himachal pradesh entertainments duty (amendment) act, ]983 and the himachal pradesh cinemas (regulation) (iiird amendment) rules, 1983. ..... 1983 (hereinafter referred tobe 'the amendment act'). ..... the precise submission was that by defining the term 'video exhibition' by way of an amendment in the principal act as well as in the 1979 rules, an irrational classification is made between exhibition in cinema theatres and video exhibition with the end in view of giving preferential treatment to video extibition and meeting out hostile treatment to cinema exhibition. .....

Karam Chand Vs. Sohan Singh Kawatra

Court : Himachal Pradesh

Reported in : AIR1981HP43

..... -- notwithstanding anything to the contrary contained in this act, the provisions of clause (d) ofsection 2, as amended by the himachalpradesh urban rent control (amendment) act, 1978 (9 qf 1978), shall apply to all proceedings, under the east punjab urban rent restriction act, 1949 (3 of 1949) or under this act, pending, at the commencement of the said amendment, before a rent controller, an appellate authority or the high court ..... 23 of 1578 certain provisions of the act were amended and in this amended act the definition of 'non-residential building' is given as follows ; 'section 2 (d) 'non-residential building' means a building being used :-- (i) mainly for the purpose of business or trade; or (ii) partly for the purpose of business ..... given by the tenant in view of the provisions of the act by which the residential and non-residential premises had been defined prior to the amendment by act no. ..... amendment act ..... in the present revision petition, the learned counsel for the petitioner has contended that the proposed amendment is not likely to change the nature of the case and no new case is, in fact, being ..... learned counsel for the respondent contended that the proposed amendment will change the nature of the defence which had originally been advanced by the tenant-petitioner ..... judgment dated 4th of may, 1979 in civil revision no. ..... order, dated 71 h august, 1979, dismissed the application of the tenant-petitioner on the basis of an unreported judgment of this court in civil revision no. .....

The Nalagarh Dehati Co-operative Transport Society Ltd. Etc. Vs. Suraj ...

Court : Himachal Pradesh

Reported in : AIR1977HP35

..... in second appeal with reference to section 87 of the act inasmuch as the said section has been amended by the himachal pradesh co-operative societies (amendment) act, 1972 andclause 1 (a) of section 87 has been deleted and the only mode of execution prescribed is by the collector under a certificate signed by the registrar for recovery of the amount as arrears of land revenue, in other words, contends the appellant, the award is no longer to be deemed a decree of the civil court and as such cannot be executed in the ..... he has only the right of prosecution or defence in the manner prescribed for the time being by or for the court in which the case is pending and if by an act the mode of procedure is altered he has no other right than to proceed according to the altered mode. ..... but the other important principle is as much there based on the theory of repeal and based on the effect of repeal laid down in section 6 iof the general clauses act or section 4 (e) of the himachal pradesh general clauses act, 1968--namely that the previous operation of the enactment so repealed will not be affected and any legal remedy which is already there will have to be carried on under the enactment as if the same was not repealed. ..... keeping regard to this principle and inasmuch as the new enactment does not provide any substitution in procedure for execution as decree of civil court, the old procedure shall be deemed to exist and the proceeding initiated under that procedure will be carried to the end. .....

Atma Ram Vs. Jhinoo Ram and anr.

Court : Himachal Pradesh

Reported in : AIR1954HP17

..... against the petitioner at a time when a suit instituted on the fresh allegations would have been time barred, because in seeking the amendment in question the plaintiff was acting in bad faith since he preferred the application for amendment with considerable delay and gross negligence in respect of facts which were already within his knowledge, and because the effect of the amendment would be to displace the defence of the petitioner that he was notliable as agent for nand kishore. ..... down in all the above rulings, that the courts are to decide the rights of the parties and not to punish them for the mistakes committed by the parties in the conduct of their cases, that the amendment of the pleadings is the discretion of the court; of course it is to be exercised judicially and not in an arbitrary manner, or to cause injustice to the other party. ..... the argument of the learned counsel for the plaintiff respondent on the merits of the trial court's order, on the other hand, was that the amendment did not alter the nature of the suit or set up a new case but it elucidated the real case of the plaintiff. ..... so far as acting illegally is concerned, strangely enough that phrase appearing in clause (c) of section 115, civil p. c. ..... the obvious reason for this view is that the trial court has not transgressed any rule of procedure, but it has interpreted the provisions of order 6, rule 17, civil p. c. ..... 17, civil p. c. ..... 17, civil p. c. .....

Bhandaru Ram (Deceased) Through His Lr Rattan Lal Vs. Sukh Ram and Oth ...

Court : Himachal Pradesh

..... section was amended by act 20 ..... it is significant to note that the opening words of section 60 of the transfer of property act, were amended in the year 1929 and the word payable was substituted by due. ..... the conduct and actions of the mortgagee, to quote: .if the deed gives time for redemption or adjustment of the rent or profits and liabilities in terms of the contract read with the relevant provisions of the act stood discharged, the limitation for redemption would run from the date fixed in the mortgage deed. ..... no suit shall be maintained in any court of judicature within any part of the british territories in india in which this act shall be in force unless the same is instituted within the period of limitation hereinafter made applicable to a suit of that nature, any law or regulation to the contrary notwithstanding; and the periods of limitation, and ..... however, if the decisions are closely studied in the history and background of the limitation act and transfer of property act, it is crystal clear that there is a prescribed period of limitation for filing a suit for recovery of possession of immovable property by redemption of usufructuary mortgage, which has not fixed any time for repayment of ..... in that case neither was there any reference as to the defence of limitation or was there any contention at any stage or was the ground of limitation raised ..... on the first principles of civil law, there is no civil right establishment of which is not circumscribed or governed by .....

Bhandaru Ram (Deceased) Through His Lr, Rattan Lal Vs. Sukh Ram and Ot ...

Court : Himachal Pradesh

..... section was amended by act 20 ..... it is significant to note that the opening words of section 60 of the transfer of property act, were amended in the year 1929 and the word payable was substituted by due. ..... the conduct and actions of the mortgagee, to quote: ..if the deed gives time for redemption or adjustment of the rent or profits and liabilities in terms of the contract read with the relevant provisions of the act stood discharged, the limitation for redemption would run from the date fixed in the mortgage deed. ..... no suit shall be maintained in any court of judicature within any part of the british territories in india in which this act shall be in force unless the same is instituted within the period of limitation hereinafter made applicable to a suit of that nature, any law or regulation to the contrary notwithstanding; and the periods of limitation, and ..... however, if the decisions are closely studied in the history and background of the limitation act and transfer of property act, it is crystal clear that there is a prescribed period of limitation for filing a suit for recovery of possession of immovable property by redemption of usufructuary mortgage, which has not fixed any time for repayment of ..... in that case neither was there any reference as to the defence of limitation or was there any contention at any stage or was the ground of limitation raised ..... on the first principles of civil law, there is no civil right establishment of which is not circumscribed or governed by .....

Dinesh Kumar Vs. State of Himachal Pradesh

Court : Himachal Pradesh

..... 17 of 2005 convicting the appellant under sections 363, 366, 376 and 506 ipc and section 3 (i) (xii) of scheduled castes and scheduled tribes (prevention of atrocities) act,1989 (for short atrocities act) and sentencing him to undergo rigorous imprisonment for 7 years and fine of ` 20,000/- and in default of payment of fine to undergo further rigorous imprisonment for one year under section 376 ipc ..... the appellant/accused under section 376 ipc and section 3 (i) (xii) of the atrocities act and conviction under section 363, 366 and 506 ipc are not sustainable. 21. ..... the convict has assailed the judgment of conviction and sentence dated 22.12.2009 passed by learned sessions judge (special judge) kinnaur sessions division at rampur ..... is clear from the prosecution evidence that the prosecutrix was above 16 years on the date of alleged incident, she herself voluntarily accompanied the accused, which indicates that sexual act, if any, performed by the accused with the prosecutrix was with her consent. ..... in view of the above discussion, the appeal is allowed, judgment dated 22.12.2009 passed by the learned special judge, kinnaur at rampur bushahr is set-aside and the appellant/accused is acquitted of the charge, he be released immediately in case his detention is not ..... record in the form of school leaving certificate ex.pw-13/a, certificate ex.pw-17/e under births and deaths registration act, 1969, ex.pw-17/f copy of pariwar register showing date of birth of the prosecutrix 17.1.1988. ..... defence. .....

Prem Kaur and Others Vs. Mahavir Walia

Court : Himachal Pradesh

..... in view of the statutory provisions discussed above, specially in view of the fact that while introducing sections 14-a to 14-d in the act, no amendment was made in section 25-b, we may summarise the legal position relating to eviction proceedings initiated under section 14-c, as under: (i) proceedings under section 14-c can be initiated by a landlord who was in the service of the central government or delhi administration ..... their lordships of the honble supreme court have further held that if the provisions contained in section 11, order 2, rule 2, order 9, rule 9 and order 23 rule 1(4) of code of civil procedure are held to be not applicable to the proceedings before the rent controller, if would necessarily result in the violation of the maxim that no man should be vexed twice over the same cause of action and the ..... (iv) section 25-b does not place any restriction on the right of the tenant to raise pleas in defence within the parameters of section 14-c, namely, that he can plead and prove that notwithstanding the retirement or likely retirement of the landlord, the premises are not required by him for his own residence ..... hence, this petition against the judgment dated 18.9.2009 passed by the appellate authority, shimla. 4. mr ..... appellate authority allowed the appeal on 18.9.2009 and the tenants were ordered to be evicted from the tenanted premises on the ground of bonafide requirement under section 14(3) of the act. ..... judgment of appellate authority dated 18.9.2009 is set aside. .....