Court : Himachal Pradesh
Reported in : AIR1995HP15
..... air 1983 sc 239 constitutional validity of coking coal mines (nationalisation) act, 1972 and the coal mines (taking over of management) act. ..... dated january 19, 1990, under section 3 of the punjab resumption of jagirs article 1957 directing the principal chief conservator of forests to take over management and possession of kutlehar jagir forest from the petitioner with the assistance of the collector. ..... therein or the extinguishment or modification of any such rights, or (b) the taking over of the management of any property by the state for a limited period either in the public interest or in order to secure the proper management of the property, or (c) the amalgamation of two or more corporations either in the public interest or in order to secure the proper management of any of the corporations, or (d) the extinguishment or modification of any rights of managing agents, secretaries and treasurers, managing directors, directors or managers of corporations, or of any voting rights of shareholders thereof, or (e) ..... it is also recordable that the whole family is engaged in the management of the forest and taking over the management of the forest would, obviously, affect his living adversely for the whole future, making them to depend on the small private property including those retained by the petitioner under the ceiling laws and ..... state of assam, air 1990 sc 123, the tinsukhia electric supply undertaking (acquisition) act, 1973 was challenged as unconstitutional. ..... 1973 was under .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1986HP49
..... (6) notwithstanding anything contained in the preceding sub-sections of this section, if at any time the chancellor is of the opinion that the affairs of the university are not managed in furtherance of the objects of the university, or in accordance with the provisions of the act, and the statutory regulations or the special measures desirable to maintain the standards of university teaching, examination, research or extension, he may indicate to the university any matter in regard to which he desires an explanation, ..... set-out and a plea has been advanced that the fourth respondent, who is the head of the respondent-university, has the power under section 8 of the himachal pradesh krishi vishva vidyalaya act, 1978 (hereinafter referred to as the act) to issue directions of the nature therein mentioned and that he was, therefore, competent to issue the impugned direction in exercise of such power and the second respondent was under a legal duty ..... earlier on may 18, 1983 by the selection committee at which the petitioners appeared) and that he wanted certain information to be placed before him regarding existing vacancies in order to consider whether and, if so, what action he should take in exercise of the powers and duties conferred and. ..... it would thus appear that a period of a little over two years in the case of the post of professor of soil science and a period of about one and a half years in the case of posts of chief scientist had elapsed between the date of advertisement .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2003HP36
..... hpsidc/pac-352/4693, dated 20-7-1995 as contained at annexure p-27,supra for taking over the unit of the petitioner company;vii) to call for the entire relevant records of the case;viii) to award the costs of this petition in favour of the petitioner-company;andix) to pass any other and further ..... thus the issuance of notice on 20th july, 1995 for take over of assets on 21st july, 1995 cannot be justified unless there were compelling reasons.15. ..... 1 could have taken over its assets, still taking over has neither to be in a clandestine manner nor it has to be at the whim and fancy of respondent no. ..... 1 company, but its manager held out that he will only receive it after talking to the management of the company at delhi ..... in this background petitioners claim that unit became sick because of under financing, and also for not releasing the finances in time and other acts of omission and commission on the part of these respondents until its becoming a sick unit. ..... the chief manager punjab national bank parwanoo--1732203 ..... its managing director is appointed by the state government, as also other officials are also appointed as directors ..... -126-vi1-8851 dated 6-1-1999registeredthe managing director,m/s. ..... the managing director h. ..... please bring it in the notice of all concerned parties who are interested in the purchaseof these assets.thanking you,yours faithfully,for hp sidc ltd.sd/- manager (r & m) copy to :--1. ..... of annexure p-36 are extracted hereinbelow :--the managing directorm/s. ..... manager ( .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2009HP44
..... prior approval of the government, take over the property, clear it of any building or structure thereon, which, in the opinion of the board is necessary for execution of the works and execute such works from wakf funds or from the finances which may be raised on the security of the properties of the wakf concerned, and control and manage the properties till such time as ..... clause;(f) to scrutinise and approve the budgets submitted by_ mutawallis and to arrange for the auditing of account of wakfs;(g) to appoint and remove mutawallis in accordance with the provisions of this act wakf, (h) to take measures for the recovery of lost properties of any wakf;(i) to institute and defend suits and proceedings relating to wakfs;(j) to sanction any transfer of immovable property of a wakf by way ..... declared that in this sub-section, 'wakf' includes a wakf in relation to which any scheme has been made by any court of law, whether before or after the commencement of this act;(2) without prejdice to the generality of the foregoing power, the functions of the board shall be-(a) to maintain a record containing information relating to the origin, income, object and beneficiaries of every ..... duly applied to the objects and for the purposes for which such wakfs were created or intended:provided that in exercising its powers under this act in respect of any wakf, the board shall act in conformity with the directions of the wakf, the purposes of the wakf and any usage or custom of the wakf sanctioned by the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [2001]103CompCas629(HP)
..... words, then in the case of the state government such officer as may be authorised in this behalf by the state government, by notification in the official gazette, and in the case of the corporation or the company, the managing director thereof, shall be substituted ; and (iv) after sub-section (2), the following sub-sections (3) and (4) shall be added, namely :-- '(3) nothing in sub-section (1) shall affect any interest of the state government, a corporation ..... the reasons stated hereinabove, admittedly, the principles of natural justice were not complied with, it must be held that determination of the sum due by the managing director under section 3(1)(d)(iv) and in consequence the certificates issued under the act and further proceedings initiated against the petitioners for recovery of loan and interest as arrears of land revenue by the respondent-collector were vitiated for the ..... with the object of avoiding the unusual delay which normally takes place in the civil courts, the expeditious remedy by ..... any undertaking for the manufacture, preservation, storage or processing of goods, or mining, or the hotel industry, or the transport of passengers or goods, etc. ..... act, 1973 (hereinafter referred to 'act ..... . acting unfairly or unreasonably does not mean that the high court exercising its jurisdiction under article 226 of the constitution can sit as an appellate authority over the acts ..... was not supposed to convert the writ courts into appellate authorities over administrative authorities .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2000HP77
..... reiteration of the stand at every stage by the respondent-board informing the petitioners in unmistakable terms that the final cost of the houses would be on the basis of the escalated cost of construction finally deter-mined after the completion of the construction, it is futile for the petitioners to either seek to blame the respondent-board for the delay, if any, in the construction or to deny the right of the respondent ..... house on 22-9-1992 itself and after taking over the possession of the house petitioner no ..... the constitution of india, we are also of the view that as the terms and conditions of the allotments subject to which everyone of the petitioners has agreed to accept the allotment and take the houses, the grievance of the petitioners cannot be countenanced and that too in proceedings under article 226 of the constitution of india. ..... management and sale of houses/plots regulations, 1973 which was supplied to the petitioners along with the application ..... concluded contracts between the parties, the petitioners are estopped from filing this writ petition on account of their acts, deeds and things/conduct and the writ petition as such is not maintainable at this belated stage after the petitioners have taken advantage of taking possession of the houses on the prices finalized by the respondent-board. ..... the price exorbitantly to the extent of 60% and declaring the revised payment schedule, it has in fact acted mischievously inasmuch as construction of houses was further delayed. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (1993)ILLJ99HP
..... if merely the workmen make a demand before the government that they are entitled to get such and such wages or such and such amount of bonus, without making this demand before the management, it can be legitimately said, if i may say so with respect, as was said by a bench of this court in the case of the members of the sasamusa workers union, (air) 1952 pat 210, that no ..... the view that the decision of the supreme court in (air) 1968 sc 529 referred to above, has finally established the proposition that a demand by the workmen must be raised first on the management and rejected by them before an industrial dispute can be said to arise and exist and that the making of such a demand to the conciliation officer and its communication by him to the ..... state government making the reference mentions that the government had considered the report submitted by the conciliation officer under sub-section (4) of section 12 of the industrial disputes act, in respect of the dispute between the appellant and workmen employed under it, over the demand mentioned in the schedule appended to that order; and, in the schedule, the government mentioned that the dispute was that of reinstatement of respondent no. ..... take it as settled that a dispute could arise within the meaning of section 2(k) of the act only when there is a demand by the workman and a denial of the same by the management ..... reliance was placed, is 1952-i-lu-493 (standard coal company limited v. s.p. ..... delhi administration, 1973-ii-llj-307 and .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2002CriLJ3949
..... presiding officer or under his direction in open court, or in his presence and hearing and under his personal supervision, and shall be signed by him (section 356); the evidence shall after it is completed be read over to each witness, in the presence of the accused or his lawyer, and it may, if necessary, be corrected [section 360 (1)] if the evidence is taken down in a language different from the language in which ..... and such record shall, if practicable, be in the language in which the accused is examined or in the alternative in the language of the court and such record shall be shown or read over to the accused and shall be signed by the accused and the presiding judge, who shall certify under his own hand that the examination was taken in his presence and hearing and contains a ..... 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 ..... to take into account the hindi version but it was found that the statement of the witnesses which have been recorded in hindi have not been signed by the learned trial judge nor do they bear the certificates to the effect that such statements were read over to ..... , dharamshala, for further management ..... the hindi version of the statement of the accused under section 313 of the code of criminal procedure, 1973 (hereafter referred to as 'the new code'). .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [1979]118ITR300(HP)
..... bench was whether for computing the chargeable profits the gross dividend should be deducted or the net dividend arrived at by excluding proportionate management expenses should be deducted and the bench held that the question depended upon the proper construction of rule 1(viii) of the first schedule ..... tax appellate tribunal, chandigarh, has referred to us the following question of law for opinion :' whether on a true interpretation of rule 1(viii) of the first schedule to the companies (profits) surtax act, 1964, and on the facts and in the circumstances of the case, the appellate tribunal was justified in upholding the action of the income-tax officer in excluding rs. ..... by saying : ' in computing the chargeable profits of a previous year, the total income computed for that year under the income-tax act shall be adjusted as follows ', meaning thereby that the total income may have included the net dividend for the purpose of the i.t ..... very language used in rule 1(viii) of the first schedule, we are on a reasonable ground to take a different view and hence we respectfully differ from the view taken by the learned judges in addl ..... the latter two sections is similar to the language used in rule 1(viii) of the first schedule, we, therefore, do not propose to place much reliance on : [1971]80itr72(cal) or : [1973]90itr348(bom) . ..... it was observed in : [1973]90itr348(bom) that the receipt of dividend was being taxed ..... : [1973]90itr348(bom ..... : [1973]90itr348(bom) referred to the plain ..... [1973 .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1994CriLJ1833
..... it is the petitioner's case that since the governing body consists of very high digaitaries, due to their pre-occupation, they cannot over-see and manage the council on day to day basis and divert their attention to various welfare centres of the council located in many far flung area of the state, therefore, according to the rules and regulations, there is ..... of goa, daman and diu), , the apex court dealt with a case in which a public servant and a contractor were prosecuted under the prevention of corruption act and sections 420, 468 and 471 of the indian penal code for defrauding the government by submitting false bills of the work done. ..... had preliminary enquiry been conducted, as in ordinary departmental proceedings against a government servant, charged with delinquency is done by taking down statement of the petitioner, alleged to be involved in the matter and to examine the documents, namely, constitution of the council and its proceedings, which clearly state that all alleged actions of the ..... the allegations of mala fide have been specifically denied by pointing out that he continuously worked from 1973 to 1988 as head of crime and intelligence wings of the state police in various capacities, such as ..... considering the inherent powers of the high court under section 561-a of the code of criminal procedure, 1898, which corresponds to section 482 of the code of criminal procedure, 1973 (hereinafter referred to as 'the code') for quashing the first information reports, in r.p. .....
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