Array ( [0] => ..... sessions judge also considered that the magistrate had even decided the case under section 137 and, therefore, according to him no further proceedings were required to be taken up. in other words the learned sessions judge considered that the preliminary order ..... opinion that there was no reliable evidence in support of such denial of public right. he, therefore, directed the petitioners to appear before him for further proceedings under section 137.2. against the order of the learned magistrate, the petitioners came up in revision before the sessions judge, nahan but they did not succeed. the learned ..... to exercise their right of passage upto the temple. the expression 'public place' is not defined in the criminal procedure code or in the penal code. in queen v. wellard, (1884) 14 qbd 63, grove, j., laid down that a public place 'is a place where the public go, no matter whether they have a right to go or ..... [1] => ..... from banti in favour of kaushalya could not be regained by her without the restriction imposed upon the donee who could not make her rights absolute under section 14 (1) of the act. the learned counsel for the appellants relying upon the orissa case of 1963 (air 1963 orissa 167) considers that neither fusion of title could have taken ..... the widow came in possession as trespasser and hence she had no right to possession which was a sine qua non if the conferment of title under section 14 (1) of the act. in these circumstances, it was held that her limited estate did not become absolute and hence a subsequent gift made by her only conferred a limited ..... prohibiting mutual annulment or cancellation of the previous gift and the gift-back made the widow in lawful possession of the property. she made her title absolute under section 14 (1) of the act. the learned counsel for the appellants relied upon ganesh mahanta v. sukria bewa, (air 1963 orissa 167). in that case it was neither contended nor ..... [2] => ..... court has to be satisfied that it is voluntary, it does not appear to be the result of inducement, threat or promise as contemplated by section 24. indian evidence act and the surrounding circumstances did not indicate that it is inspired by some improper or collateral consideration suggesting that it may not be true. in the ..... direct bearing upon the extra-judicial confession. he did not even notice such discrepancy as to dates and the learned advocate-general had to move application under section 540. criminal procedure code, which for reasons explained by my learned brother we preferred to reject4. if such discrepancies are left out on the record and are subsequently ..... to have further clarified this statement in re-examination. however, the learned advocate general has put in an application in this court purporting to be one under section 540 cr.pc for recalling shri munshi ram so as to clarify this discrepant statement. but this application cannot be allowed at this stage to remove any ..... [3] => ..... make the preliminary order nor could make it absolute under that section. hence the learned sessions judge has recommended for the quashing of the order of the learned magistrate who had made his conditional order absolute.4. ..... of evidence that the tree, if at all, constitutes a private nuisance and not a public nuisance. according to the learned sessions judge, proceeding under section 133, criminal procedure code cannot be instituted in relation to a private nuisance and hence, according to him, the complaint was misconceived and the learned magistrate could neither ..... and this definition can very well be imported for the purposes of section 133 of the criminal procedure code. the definition of 'public nuisance' in section 268 runs in the following terms:public nuisance: a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury ..... [4] => ..... that the words 'in the discharge of an official duty' might be read as in the 'matter of the discharge of an official duty'. the section applies only if the act complained of is itself done by the public servant in pursuance of his public office, although it may be in excess of the duty or in the ..... both before the learned magistrate and also before the first revising court that the petitioners-accused were public servants and they were acting in the discharge of their official duty. as is evident from section 197, before this section can be invoked, two conditions must be satisfied (1) the accused must be a public servant of the kind mentioned ..... to hold that the petitioners-accused who were public servants of the kind mentioned in the section, if at all they committed this offence must have committed it while acting or purporting to act in the discharge of their official duties. therefore section 197 applied to the facts of the case and the learned magistrate could not take cognizance ..... [5] => ..... to alter or modify them.11. the board, apart from the government, is the only authority to whom powers have been expressly conferred by the act. although section 24 contemplates a number of committees, 'they are merely bodies which report to the board on matters relating to the exercise by the board of the ..... books recognition committee were consequently invalid. 6. the recommendations of the textbooks recognition committee were also invalid because there were vacancies in the committee. section 8 of the act did not protect the validity of the recommendations because the existence of the vacancies affected the merits of the recommendations. 7. the recommendations of the ..... by the board and its committees:1. the panel of reviewers prepared by the curriculum committee was invalid because there were vacancies in the committee. section 8 of the act did not protect the validity of the panel prepared because the existence of the vacancies affected the merits of what was done by the committee. ..... [6] => ..... full bench decision of that court, that it was for the plaintiff to determine his own cause of action and it he chose to do so under sections 9 and 54 of the specfic relief act, the iurisdiction of the civil court was not barred. thus the ratio of that case is not at all helpful to the plaintiff. in the instant ..... all 573 is really besides the point. in that case, a learned single judge of that court was considering a case where the plaintiff claimed relief under sections 9 and 54 of the specific relief act and framed his suit with that specific purpose in view, the defendants, however, contended that the suit was barred as they were the tenants and under ..... he could say that the suit can be instituted in the high court at simla.4. it is manifest the plaintiff has pleaded his case for conferment of jurisdiction under section 20 and it is for him to establish that either the defendant actually and voluntarily resides or carries on business at simla, or that the cause of action, wholly or ..... [7] => ..... . 19. issue no. 2.--this issue arises upon the controversy whether the respondent-company can be deemed to be unable to pay its debts within the meaning of section 433(e) of the act for the reasons set out in the petition. an attempt has been made by the petitioner to show that the financial position of the respondent-company is such ..... . 16. the second ground for contending that the petition is not maintainable is that the company cannot be deemed unable to pay its debts inasmuch as the requirements of section 434 of the act are not satisfied. this is not a case, it is said, where a demand has been made by a creditor for payment of his debt and the respondent ..... there was an accumulated loss of rs. 2,55,791 the registrar was of the opinion that the company was unable to pay its debts. the proviso to section 439(5) of the act envisages that the registrar should be satisfied from the financial condition of the company as disclosed in its balance-sheet that the company is unable to pay its ..... [8] => ..... third do in is about theinterest.19. the learned claims tribunal did not allow any interest on the amount of compensation. section 110-cc of the motor vehicles act provides for award of interest where any claim is allowed. the section says that the tribunal may direct that in addition to the amount of compensation simple interest shall also be paid at such ..... chet ram thakur, j.1. these four appeals arise out of four claims petitions under section 110-a of the motor vehicles act disposed of by the motor accident claims tribunal, mahasu and kinnaur districts at kelleston, simla by a single judgment, dated 3lst august, 1971.2. the undisputed facts of the cases ..... [9] => ..... ripon hospital, simla, namely dr. m. l. ahuja, radiologist; dr. j. k. application arises in the following circumstances.2. a case rama nand v. state, under section 302, indian penal code, was put for trial before the sessions judge, mandi. a skeleton was discovered from river sutlej, of which post mortem examination was conducted by dr. ..... whole thins smacks nothing but that how carelessly and indifferently the post-mortem examination cases are handled inferring inefficiency or dishonesty (para 37)xx xx xx xxthese acts of omission and commission on the part of the concerned medical doctors at the rippon hospital. simla, in mishandling the case calls for a departmental probe and ..... report. therefore, in the opinion of the high court, no exception could be taken, as to the conduct of these doctors, nor was it inferred that they acted in a mala fide manner, or that any dishonest motive was involved at any stage during the course of the medical examination.7. nevertheless, the learned sessions ..... ) Explosives Act 1884 Section 4 Definitions - Sortby Old - Court Himachal Pradesh - Page 11 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: himachal pradesh Page 11 of about 911 results (0.213 seconds)

Jan 18 1973 (HC)

Shri Ram Kishore and anr. Vs. State

Court : Himachal Pradesh

Reported in : 1973CriLJ1527

..... sessions judge also considered that the magistrate had even decided the case under section 137 and, therefore, according to him no further proceedings were required to be taken up. in other words the learned sessions judge considered that the preliminary order ..... opinion that there was no reliable evidence in support of such denial of public right. he, therefore, directed the petitioners to appear before him for further proceedings under section 137.2. against the order of the learned magistrate, the petitioners came up in revision before the sessions judge, nahan but they did not succeed. the learned ..... to exercise their right of passage upto the temple. the expression 'public place' is not defined in the criminal procedure code or in the penal code. in queen v. wellard, (1884) 14 qbd 63, grove, j., laid down that a public place 'is a place where the public go, no matter whether they have a right to go or .....

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Mar 06 1973 (HC)

Hari Ram and anr. Vs. Harbans Singh and ors.

Court : Himachal Pradesh

Reported in : AIR1973HP71

..... from banti in favour of kaushalya could not be regained by her without the restriction imposed upon the donee who could not make her rights absolute under section 14 (1) of the act. the learned counsel for the appellants relying upon the orissa case of 1963 (air 1963 orissa 167) considers that neither fusion of title could have taken ..... the widow came in possession as trespasser and hence she had no right to possession which was a sine qua non if the conferment of title under section 14 (1) of the act. in these circumstances, it was held that her limited estate did not become absolute and hence a subsequent gift made by her only conferred a limited ..... prohibiting mutual annulment or cancellation of the previous gift and the gift-back made the widow in lawful possession of the property. she made her title absolute under section 14 (1) of the act. the learned counsel for the appellants relied upon ganesh mahanta v. sukria bewa, (air 1963 orissa 167). in that case it was neither contended nor .....

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Mar 13 1973 (HC)

Smt Santosh Kumari and ors. Vs. State

Court : Himachal Pradesh

Reported in : 1973CriLJ1651

..... court has to be satisfied that it is voluntary, it does not appear to be the result of inducement, threat or promise as contemplated by section 24. indian evidence act and the surrounding circumstances did not indicate that it is inspired by some improper or collateral consideration suggesting that it may not be true. in the ..... direct bearing upon the extra-judicial confession. he did not even notice such discrepancy as to dates and the learned advocate-general had to move application under section 540. criminal procedure code, which for reasons explained by my learned brother we preferred to reject4. if such discrepancies are left out on the record and are subsequently ..... to have further clarified this statement in re-examination. however, the learned advocate general has put in an application in this court purporting to be one under section 540 cr.pc for recalling shri munshi ram so as to clarify this discrepant statement. but this application cannot be allowed at this stage to remove any .....

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Mar 20 1973 (HC)

Hiralal Vs. Jogeshwar Ram

Court : Himachal Pradesh

Reported in : 1973CriLJ1375

..... make the preliminary order nor could make it absolute under that section. hence the learned sessions judge has recommended for the quashing of the order of the learned magistrate who had made his conditional order absolute.4. ..... of evidence that the tree, if at all, constitutes a private nuisance and not a public nuisance. according to the learned sessions judge, proceeding under section 133, criminal procedure code cannot be instituted in relation to a private nuisance and hence, according to him, the complaint was misconceived and the learned magistrate could neither ..... and this definition can very well be imported for the purposes of section 133 of the criminal procedure code. the definition of 'public nuisance' in section 268 runs in the following terms:public nuisance: a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury .....

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Sep 04 1973 (HC)

R.K. Anand and ors. Vs. Joginder Singh and anr.

Court : Himachal Pradesh

Reported in : 1974CriLJ1007

..... that the words 'in the discharge of an official duty' might be read as in the 'matter of the discharge of an official duty'. the section applies only if the act complained of is itself done by the public servant in pursuance of his public office, although it may be in excess of the duty or in the ..... both before the learned magistrate and also before the first revising court that the petitioners-accused were public servants and they were acting in the discharge of their official duty. as is evident from section 197, before this section can be invoked, two conditions must be satisfied (1) the accused must be a public servant of the kind mentioned ..... to hold that the petitioners-accused who were public servants of the kind mentioned in the section, if at all they committed this offence must have committed it while acting or purporting to act in the discharge of their official duties. therefore section 197 applied to the facts of the case and the learned magistrate could not take cognizance .....

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May 17 1974 (HC)

Om Prakash and anr. Vs. the Board of Schools Education for H.P. and or ...

Court : Himachal Pradesh

..... to alter or modify them.11. the board, apart from the government, is the only authority to whom powers have been expressly conferred by the act. although section 24 contemplates a number of committees, 'they are merely bodies which report to the board on matters relating to the exercise by the board of the ..... books recognition committee were consequently invalid. 6. the recommendations of the textbooks recognition committee were also invalid because there were vacancies in the committee. section 8 of the act did not protect the validity of the recommendations because the existence of the vacancies affected the merits of the recommendations. 7. the recommendations of the ..... by the board and its committees:1. the panel of reviewers prepared by the curriculum committee was invalid because there were vacancies in the committee. section 8 of the act did not protect the validity of the panel prepared because the existence of the vacancies affected the merits of what was done by the committee. .....

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Jun 26 1974 (HC)

Raja Virbhadra Singh Vs. Roshanlal Kuthiala and ors.

Court : Himachal Pradesh

..... full bench decision of that court, that it was for the plaintiff to determine his own cause of action and it he chose to do so under sections 9 and 54 of the specfic relief act, the iurisdiction of the civil court was not barred. thus the ratio of that case is not at all helpful to the plaintiff. in the instant ..... all 573 is really besides the point. in that case, a learned single judge of that court was considering a case where the plaintiff claimed relief under sections 9 and 54 of the specific relief act and framed his suit with that specific purpose in view, the defendants, however, contended that the suit was barred as they were the tenants and under ..... he could say that the suit can be instituted in the high court at simla.4. it is manifest the plaintiff has pleaded his case for conferment of jurisdiction under section 20 and it is for him to establish that either the defendant actually and voluntarily resides or carries on business at simla, or that the cause of action, wholly or .....

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Jul 02 1974 (HC)

Registrar of Companies Vs. New Valley View Transport Company (Pvt.) Lt ...

Court : Himachal Pradesh

Reported in : [1975]45CompCas210(HP)

..... . 19. issue no. 2.--this issue arises upon the controversy whether the respondent-company can be deemed to be unable to pay its debts within the meaning of section 433(e) of the act for the reasons set out in the petition. an attempt has been made by the petitioner to show that the financial position of the respondent-company is such ..... . 16. the second ground for contending that the petition is not maintainable is that the company cannot be deemed unable to pay its debts inasmuch as the requirements of section 434 of the act are not satisfied. this is not a case, it is said, where a demand has been made by a creditor for payment of his debt and the respondent ..... there was an accumulated loss of rs. 2,55,791 the registrar was of the opinion that the company was unable to pay its debts. the proviso to section 439(5) of the act envisages that the registrar should be satisfied from the financial condition of the company as disclosed in its balance-sheet that the company is unable to pay its .....

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Sep 10 1974 (HC)

Kailash Wati and anr. Vs. State of Haryana and anr.

Court : Himachal Pradesh

..... third do in is about theinterest.19. the learned claims tribunal did not allow any interest on the amount of compensation. section 110-cc of the motor vehicles act provides for award of interest where any claim is allowed. the section says that the tribunal may direct that in addition to the amount of compensation simple interest shall also be paid at such ..... chet ram thakur, j.1. these four appeals arise out of four claims petitions under section 110-a of the motor vehicles act disposed of by the motor accident claims tribunal, mahasu and kinnaur districts at kelleston, simla by a single judgment, dated 3lst august, 1971.2. the undisputed facts of the cases .....

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Sep 17 1974 (HC)

M.L. Ahuja and ors. Vs. the State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : 1975CriLJ330

..... ripon hospital, simla, namely dr. m. l. ahuja, radiologist; dr. j. k. application arises in the following circumstances.2. a case rama nand v. state, under section 302, indian penal code, was put for trial before the sessions judge, mandi. a skeleton was discovered from river sutlej, of which post mortem examination was conducted by dr. ..... whole thins smacks nothing but that how carelessly and indifferently the post-mortem examination cases are handled inferring inefficiency or dishonesty (para 37)xx xx xx xxthese acts of omission and commission on the part of the concerned medical doctors at the rippon hospital. simla, in mishandling the case calls for a departmental probe and ..... report. therefore, in the opinion of the high court, no exception could be taken, as to the conduct of these doctors, nor was it inferred that they acted in a mala fide manner, or that any dishonest motive was involved at any stage during the course of the medical examination.7. nevertheless, the learned sessions .....

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