Court : Himachal Pradesh
Reported in : AIR1990HP62
..... upon his death it devolved upon pratap singh and his brothers and that the maharani, being a widow, got rights under the hindu women's right to property act, 1937.36. in this suit the learned single judge has concluded that there was dependable evidence, both factual and circumstantial, to prove that the 'sterling castle' ..... was whether the amount could be treated to be income accruing to amrit kunwar in british india for purposes of section 4(2) of the income-tax act, 1922 which said that remittances received by a wife resident in british india were to be deemed to be income accruing to her inbritish india. a full ..... paragraph 42 of the judgment) that :'consistently with this constitutional provision, the hindu marriage act, 1955; the hindu succession act, 1956; the hindu minority and guardianship act 1956; and the hindu adoptions and maintenance act, 1956 have extended the application of these acts to all persons who can be regarded as hindus in this broad and comprehensive sense. section .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (1993)ILLJ99HP
..... as a fact or as apprehended before the reference ismade.........................................'31. then next case on which the reliance was placed, is 1952-i-lu-493 (standard coal company limited v. s.p. verma and ors. where the court held that (pp. 498-499):'....................there may be instances where workers may consider it ..... the dispute or difference arose between the management and the workmen by virtue of the management dismissing the workman from service. according to section12 of the act, the matter can be referred to conciliation where any dispute existed or was apprehended. in this case, the dismissal per se created a dispute or ..... were informed in time. it is relevant to quote the findings and the report of the conciliation officer under section 12 (4) of the industrial dispute act, 1947:'......................the management knowingly not attended the said conciliation meeting when they were informed by this office registered well in time. their non-attendance of the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1993HP84
..... petition, without supplying copy thereof to the respondent, along with the copy of petition, the supreme court held that there was no breach of the provisions of the act in regard to the filing of the election petition, since the election petition itself reproduced the whole of the translation in english, which averments with regard to pamphlet ..... reading of that provision along with section 83, include a copy of the affidavit...............'39. the mandatory requirement of sub-section(3) of section 81 of the act is in two parts. the first part provides that every election petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition and ..... as per the requirement of rule 64, declaring the candidate to whom the largest votes have been given.54. in the light of the aforementioned provisions of the act and the rules it has to be seen whether the averments made by the petitioner praying for declaring the election ofthe respondent to be void, due to the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1995HP15
..... and would be clearly covered by clause (b) of article 39.86. in sanjeev coke ., air 1983 sc 239 constitutional validity of coking coal mines (nationalisation) act, 1972 and the coal mines (taking over of management) act. 1973 was under challenge. the court held that when article 39(b) refers to material resources of the community, it does not refer ..... and utilise the same for common good.84. in state of karnataka v. ranganatha reddy, air 1978 sc 215, the karnataka contract carriages acquisition act, 1976 for nationalisation of contract carriages in the state was challenged on the ground that there was no real and substantial nexus between the purpose of the acquisition and ..... or use in the material world is material resources and the individual being a member of the community his resources are part of those of the community............. nationalisation of transport as a distributive process for the good of the community.'85. in state of tamil nadu v. abu kavur bai, air 1984 sc 326, .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (2002)IILLJ861HP
..... plaintiff preferred an appeal before the district judge, una. meanwhile, the himachal pradesh state administrative tribunal came to be established under the administrative tribunals act, 1985 (at act). the learned judge, therefore, submitted papers of appeal to the registrar of this court on september 12, 1986. this court, vide an order ..... tribunal.21. the said section reads thus:'15. jurisdiction, powers and authority of state administrative tribunals.-(1) save as otherwise expressly provided in this act, the administrative tribunal for a state shall exercise, on and from the appointed day, all the jurisdiction powers and authority exercisable immediately before that ..... been stated:'the central administrative tribunal, with five benches, was established on november 1, 1985 in pursuance of the provisions of the administrative tribunals act, 1985. prior to its establishment, writ petitions were filed in various high courts as well as the supreme court challenging the constitutional validity of .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2002CriLJ3949
..... of the evidence led before him while acquitting the accused of the offence under section 3(2)(v) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989, convicted and sentenced the accused for the offence under section 302, indian penal code, as aforesaid.25. the accused, feeling aggrieved by the conviction and sentence ..... the state has not assailed the acquittal of the accused of the offence under section 3{2)(v) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989, as recorded by the learned trial judge, by way of an appeal under section 378, code of criminal procedure. such acquittal has, thus, become final.27 ..... officer as the investigation had not commenced by then, such a statement could be treated as a dying declaration which is admissible in evidence under section 32, evidence act.32. it is by now well settled that dying declaration is admissible in evidence and can form the basis of conviction, if found to be reliable. while, .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2004CriLJ3768
..... also by the magistrate :provided that, when the complaint is made in writing, the magistrate need not examine the complainant and the witnesses--(a) if a public servant acting or purporting to act in the discharge of his official duties or a court has made the complaint; or(b) if the magistrate makes over the case for inquiry of trial to another .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (2008)ILLJ524HP
..... wednesbury reserve has no place in relation to procedural propriety.the significance of this approach is that it primafacie imposes on all administrators an obligation to act fairly. without acknowledging this expressly, the majority of the recent decisions of the courts are in practice no more than conscious or unconscious illustrations of ..... unto itself a wrong question. what, therefore, was necessary to be considered by bda was whether the ingredients contained in section 14-a of the act were fulfilled and whether the requirements of the proviso appended thereto are satisfied. if the same had not been satisfied, the requirements of the law must ..... the facts and circumstances of that case, the framework of, the statute under which the enquiry is held. the old distinction between a judicial act and an administrative act has withered away. even an administrative order which involves civil consequences must be consistent with the rules of natural justice.the expression 'civil consequences .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (2008)ILLJ618HP
..... fairness and reasonableness of the standing orders. the division bench of the delhi high court after analyzing section 4 of the industrial employment (standing order) act, 1946 has held that before certifying any modification of any standing order, the competent authority has to examine whether modification is in conformity with model ..... ii.7. vide industrial employment (standing order) himachal pradesh amendment rules. 1991 after item no. 10 of the schedule of the industrial employment (standing order) act, 1946 the following item has been inserted-, namely:10-a.(i) service record-matters relating to service card; token tickets, certification of service; change of ..... whether or not any modification of or addition to the draft submitted by the employer is necessary to tender the draft standing orders certifiable under this act, and shall make an order in writing accordingly.(3) the certifying officer shall thereupon certify the draft standing orders, after making any modifications therein .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2008ACJ1684,2008(I)ShimLC355
..... guaranteed under the constitution, is a claim based on strict liability and is in addition to the claim available in private law for damages for tortious acts of the public servants. public law proceedings serve a different purpose than the private law proceedings. award of compensation for established infringement of the indefeasible rights ..... a case where death had been caused by beating and assault by the station house officer, held that in the matter of liability of the state for tortuous acts etc., the state would be liable and granted compensation. in nilabati behera (smt.) alias lalita behera (through the supreme court legal aid committee) v. state ..... a running bus and had sustained injuries. his condition was serious and jagdish chand should reach snowdon hospital, shimla. a criminal case under the punjab excise act was reported to have been registered against him. the petitioner pleads that jagdish chand (brother of the deceased) hired a private vehicle from sadhupul and reached .....
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