Court : Himachal Pradesh
Decided on : Jun-01-2007
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
Decided on : Jun-22-2007
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
Decided on : Oct-31-2007
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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