Court : Himachal Pradesh
Decided on : Nov-10-2006
Reported in : AIR2007HP29
..... the appropriate government. it is undisputed that 'appropriate government' in this case, based upon its definition occurring in sub-section (5) of section 2 of the act is the state government. sub-section (2) of section 67 clearly stipulates about the appropriate government making the rules for specifying the items finding mention in clauses (a) to ..... , therefore, clearly means that all the provisions of civil procedure code are saved in so far as the application of 2003 act is concerned. reliance placed by mr.gupta upon section 173 or section 174 is of no help to the petitioner because there is no question of any inconsistency between any provision of the ..... gupta, learned senior counsel appearing for the petitioner mainly relied upon sub-section (2) of section 67 of the electricity act, 2003, particularly clause (e) thereof as well as sub-sections (3), (4) and (5) of section 67, in addition to section 86 of the act to contend that by necessary implication the jurisdiction of civil court was .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Nov-10-2006
Reported in : 2006(3)ShimLC31
..... the appropriate government. it is undisputed that 'appropriate government' in this case, based upon its definition occurring in sub-section (5) of section 2 of the act is the state government. sub-section (2) of section 67 clearly stipulates about the appropriate government making the rules for specifying the items finding mention in clauses (a) to ..... , therefore, clearly means that all the provisions of civil procedure code are saved in so far as the application of 2003 act is concerned. reliance placed by mr. gupta upon section 173 or section 174 is of no help to the petitioner because there is no question of any inconsistency between any provision of the ..... gupta, learned senior counsel appearing for the petitioner mainly relied upon sub-section (2) of section 67 of the electricity act, 2003, particularly clause (e) thereof as well as sub-sections (3), (4) and (5) of section 67, in addition to section 86 of the act to contend that by necessary implication the jurisdiction of civil court was .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Nov-24-2006
Reported in : 2007(1)ShimLC134
..... for the respondent argued that the civil court's jurisdiction was barred in the matter, in view of the provisions of section 32 of the act. section 32 of the act, reads as follows:save as expressly provided in this act, no civil court shall have jurisdiction to entertain or adjudicate upon any dispute or matter which is to be decided ..... evidence, which in fact is not. this is only a finding arrived at by the financial commissioner on the basis of an enquiry conducted by him, under section 6 of the act. the civil court, which had the jurisdiction in this case and was therefore, duty bound to determine and adjudicate upon the civil rights, involved in the ..... the personal property of the plaintiff and hence it could not have been ordered to be included in form-a register required to be prepared and maintained, under section 6 of the act.5. defendants raised a number of preliminary objections. it was alleged that the plaintiff had no cause of action, the suit was not maintainable, valuation for .....
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