Court : Himachal Pradesh
Reported in : 1977CriLJ1676
..... amar nath (p. w. 9) only towards the end. therefore, no prejudice that way had been caused even if there was a violation of the mandatory provisions of section 5-a of the act, in this case shri s. r. rattan (p. w. 6) who is the dy. superintendent of police stated that after the search and recovery consequent to the ..... class. according to the learned counsel for the appellant the magistrate could not take cognizance of the matter unless the investigation was done by a person authorised under section 5-a of the act. shri h. k. paul contends that in view of the raito laid down in h. n. rishbud v. state of delhi : 1955crilj526 the defect or illegality in ..... , convicted him for the charges levelled against him and sentenced him to rigorius imprisonment of one year and to a fine of rs. 500/- under section 5(2) of the prevention of corruption act and in default of payment of fine he was ordered to undergo further rigorous imprisonment for three months. he was sentenced to another one year's rigorous .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1977CriLJ1848
..... 294 by this court that the existence of an apprehension of a breach of the peace being the foundation of the jurisdiction to act under section 145, cr. p. c., the legality of the preventive proceedings under section 145, cr. p. c., is not affected by the pendency of a civil suit. in that case neither the nature of ..... counsel for the petitioners is that in view of the fact that kuldip singh and others had already filed a civil suit before the initiation of the proceedings under section 145, cr. p. c. and that the court had already issued an injunction order restraining the present respondents from interfering with the possession of the petitioners ..... c., read with article 227 of the constitution of india, is directed against the order, dated 13-7-1976 passed by the sub divisional magistrate, kangra, in proceedings under section 145, cr. p. c. initiated by rosfaan lal and three others (the second party) against kuldip singh and three others (the first party). according to the application which .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1978HP2
..... of the civil court. but this decision does not rest on the provisions which were similar to the relevant provisions of the himachal pradesh rent control act, section 13 of the bihar rent control order was to the following effect:--'no order for the recovery of possession of any house shall be made so long ..... the possession of the premises in question after the death of the statutory tenant. however, during the pendency of the suit the himachal pradesh act came to be applied. section 4 of this act is in the following terms:--'4. (1) notwithstanding anything contained in any other law, it shall be lawful after the death of ..... bythe defendants, it will become evidentthat nowhere therein the defendantshave raised the contention relating toholding over. the principle of holdingover as found enacted in section 116 of thet. p. act rests on an implied agreementbetween the landlord and the tenantconcerned regarding the continuation ofthe tenancy rights even after the original tenancy has come to an .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1977HP85
..... the landlord or through a court of competent jurisdiction or otherwise, and includes also the predecessors and successors in interest of an occupancy tenant.' sections 3 (a) of the act provides: '3. vesting of proprietary rights in occupancy tenants and extinguishment of corresponding rights of landlords;-- notwithstanding anything to the contrary contained in any ..... 15, 1952) and simultaneously an occupancy tenant acquires proprietary rights in the land. who is an 'occupancy tenant' for the purposes of this act is defined by section 2 ff). the definition divides the tenant covered by it into two categories those who arr to be considered with reference to the date immediately before ..... sufficient. subject to the exceptions mentioned above, we find it difficult to accept that view. a certain legislative policy was given effect to when section 2 (f) of the act of 1953 was framed. the recorded entry was made the test for determining whether a person was an occupancy tenant. had that not been .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [1978]42STC440(HP)
..... notification does not prescribe any circumstances or conditions which would bring the case within the purview of the explanation which is attached to sub-section (2a) of section 8 of the central sales tax act.18. now, coming to the terms of the notification, it would be noticed that it specifies seven clauses which are described by ..... c) of rule 3(4) of the incentive rules does not specify any circumstance or condition as contemplated by the explanation attached to sub-section (2a) of section 8 of the central sales tax act.17. as already noted above, the above incentive rules were framed on 12th april, 1971. about three years thereafter the government issued notification ..... has notified exemption from the state's sales tax and, therefore, the matter is governed by the explanation which is attached to sub-section (2a) of section 8 of the central sales tax act.14. in view of the above contentions of the parties, the simple question which arises to be considered is whether the exemption .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1979CriLJ216
..... hearing the parties, accepted the prayer of the police for the sale of the case property by auction through the forest department. he has passed this order evidently under section 457 of the code of criminal procedure. being aggrieved by this order the petitioner has preferred this revision in which he has raised two points, namely, (1) the ..... petitioner which is more important because it touches the question of jurisdiction of the learned special judge to act under section 457 of the cr.p.c. on this point the contention raised on behalf of the petitioner was that section 457 can be invoked only when it is found that the property seized by the police is not ..... cr.p.c. the case of the prosecution is that the present petitioner, who is accused of the offences under sections 379/420/467/ 468/120-b, i.p.c. read with section 8 (2) of the prevention of corruption act, has felled some trees belonging to the government and, therefore, certain pieces of timber which the petitioner has obtained .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1978CriLJ1619
..... it would be worthwhile to note that a few years after the evidence act came into force a point arose before a full bench of the allahabad high court whether section 27 controlled only the preceding section 26 or both the preceding sections 25 and 26 (vide queen empress v. babu lal (1884) ilr 6 all 509, the majority of the full bench held that ..... there was nothing in section 27 to render its proviso inapplicable to the information received by a police officer, and just as section 150 of the cr. p.c. was intended to govern both the preceding sections 148 and 149, even section 27 of the evidence act was intended to ..... babu lal's case (1884) ilr 6 all 509 (fb) (supra).69. the high court of patna in the case of adhik lal pathak v. emperor air 1942 pat 156 : 43 cri lj 615 observed that it has been held in a long series of decisions of numerous high courts that section 27 of the evidence act is to be read as a .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1979HP1
..... rule of the court, it may remit the award, it may set aside the award or it may modify the award. section 46 of the arbitration act says that the provisions of this act, except sub-section (1) of section 6 and sections 7, 12, 36 and 37 shall apply to every arbitration under any other enactment for the time being in force, as ..... be said that this transfer was by operation of law, inasmuch as the registration of the chamba bank was cancelled in exercise of the powers under section 39 of the co-operative societies act 1912 by the registrar and the assets and liabilities thereafter stood transferred to the state co-operative bank and, therefore, this can further be said that ..... it a rule of the court; rather the intention is to file it for purposes of execution. therefore, in my opinion, the provisions of sections 46 and 47, as also section 14 of the arbitration act will not be applicable to the present case,17. shri o.p. sharma, learned counsel for the respondents has relied on satish kumar v. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1979HP19
..... rightly been decided. looking to those allegations, we find that the respondent no. 2 has failed to exercise his jurisdiction ia the manner contemplated by section 186 of the act.7. in ordinary course, we would have asked respondent no. 2 to decide this application of the petitioner against the order passed by the respondent no ..... panchayat election rules, 1972. the court further observed that petition thus presented to the sub-divisional magistrate can thereafter be tried by the deputy commissioner under section 168 of the act. this decision was given by the court on the finding that any dispute relating to election of pradhan or up-pradhan can be tried by the ..... him pra 244 wherein the election of pradhan was challenged by an election petition. the said petition was presented to the concerned sub-divisional magistrate under section 168 of the act. a contention was raised in that case to the effect that the petition should have been presented not to the sub-divisional magistrate, but to the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1979CriLJ219
..... prescribed 3.0% for milk toffee.3. therefore, on a complaint made by the food inspector, rajesh kumar was charged under section 16 (1)(a) read with section 7 of the act.4. in his examination under section 313 cr.p.c. the accused stated that he had purchased the toffees from m/s. voltas ltd., 7/1, ..... manager of the voltas ltd., and it was on his application that the present petitioner was also im-pleaded. therefore, the learned magistrate has acted in contravention of the mandatory provisions of section 20-a, which clearly say that the power can be exercised only during the trial and not thereafter.12. the learned magistrate has wrongly ..... been filed by the nutrine confectionery co. ltd. (hereinafter called the company) for quashing the prosecution of the petitioner under section 16 (1)(a) read with section 7 of the prevention of food adulteration act (shortly called the act) under the order, dated 13-12-1977, whereby the learned chief judicial magistrate, kulu, on acquittal of rajesh kumar .....
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