Court : Himachal Pradesh
Reported in : 2002CriLJ1177
..... of the vehicle in pursuance of the hire purchase agreement, but he was not considered absolute owner having all the proprietary rights therein, by invoking section 2(30) of the motor vehicles act. it was held that absolute ownership of the vehicle will pass to him when all conditions in the agreement are fulfilled or he opts to purchase ..... out as to who is the best person entitled to possession of such property. 13. learned counsel for the petitioner has relied upon the judgment of supreme court in manipal finance corpn. ltd. v. t. bangarappa, 1994 supp (1) scc 507, in which possession of the vehicle was restored to the financier from the hire purchaser on the ..... court in sardara singh v. nur ahmed, 1992 (1) slc 334, has taken this view after considering various judgments of high courts.10. in m/s. shriram transport finance co. ltd. v. shri r. khaishiulla khan, 1993 cri lj 1069, the division bench of karnataka high court had given interim custody of seized vehicle to the financier as .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [2000]246ITR762(HP)
..... relating to collection of tax at source does not apply to them.4. as stated in the petition, by the finance act, 1988, certain amendments were introduced in the income-tax act, 1961. section 44ac came to be inserted with effect from april 1, 1989, making special provision for computing profits and gains from ..... according to the petitioners, there were two provisions in the act, i.e., sections 44ac and 206c, the former being imposing section and the latter being collecting provision. by the finance act, 1992, section 44ac, was deleted from the statute and its substantial provision was incorporated in section 206c virtually making the said provision as composite one, for ..... 1996]219itr330(sc) of the supreme court upholding the constitutional validity of section 206c, the division bench held that after deletion of section 44ac by the finance act, 1992, with effect from april 1, 1993, l-13, l-13a licensees also became liable under section 206c and tax could be deducted at source as such a person .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [2001]113TAXMAN55(NULL)
..... relating to collection of tax at source does not apply to them.4. as stated in the petition, by the finance act, 1988, certain amendments were introduced in the act. section 44ac of the act came to be inserted with effect from 1-4-1989, making special provision for computing profits and gains from the business ..... according to the petitioners, there were two provisions in the act, i.e., sections 44ac and 206c, the former being imposing section and the latter being collecting provision. by the finance act, 1992, section 44ac was deleted from the statute and its substantial provision was incorporated in section 206c virtually making the said provision as composite one for imposition ..... case (supra) of the supreme court upholding the constitutional validity of section 206c, the division bench held that after deletion of section 44ac by the finance act, 1992, with effect from 1-4-1993. l- 13, l- 13a licensces, also became liable under section 206c and tax could be deducted at source as such a per- .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2001CriLJ70
..... procedure regarding grant of bail and are subject to limitations contained in section 37 of the drugs act as amended in the year 1989 (see narcotics control bureau v. kishan lal (1991) 1 jt (sc) 258 : (1991 cri. lj 654).5. section 27-a provides punishment for those who indulge in financing, directly or indirectly, any of the activities specified in sub-clauses (i ..... ) to (v) of clause (viiia) of section 2 or harbours any person engaged in any of the aforementioned activities.6. section 29 provides for punishment who abets or a party to the criminal conspiracy to commit, an offence punishable under chapter iv of the drugs act.7. section 32 provides .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [2002]111CompCas763(HP)
..... the possession of the mortgaged/hypothecated assets was taken over by it. thereafter, the assets were sold for rs. 44 lakhs. in other words, having invoked section 29 of the said act, and having realized amount of rs. 44 lakhs, as per its own case, by sale of the unit mortgaged/hypothecated by the contesting defendants in the ..... in the present case. in other words, the law presupposes that before the time of taking over of the industrial concern or contemplating any action under section 29 of the said act, the plaintiff-corporation and the hpfc ought to have ensured that the amount realised from the sale of the industrial concern and its properties would be ..... 30 days from the said notice, but to no avail.6. the further case of the plaintiff-corporation is that the industrial unit belonging to the defendants was financed by the plaintiff-corporation jointly by it and the hpfc, proforma defendant no. 4, which sanctioned and disbursed financial assistance to them. they were thus in default .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2001HP25
..... the suspension of the respondent, the chancellor, in exercise of the powers vested in him under sub-section (5) of section 24, h. p. universities of agriculture, horticulture and forestry act, 1986 (act no. 4 of 1987). hereinafter referred to as the act, appointed shri yogesh khanna, financial commissioner-cum-secretary to the government of himachal pradesh to carry out ..... the vice-chancellor of the university in our view has to be made responsible to bear this liability from his personal funds without causing any loss to the finance of the university for the role he seems to have played as disclosed in the reply filed by the 1st respondent itself. this aspect also is one on ..... bad faith arises when the power is exercised for an improper motive, say, to satisfy a private or personal grudge or for wreaking vengeance of a minister as in section pratap singh v. state of punjab, ((1964) 4 scr 733 : air 1964 sc 72). a power is exercised maliciously if its repository is motivated by personal .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2000CriLJ1103
..... a fallacious notion that when recovery of any incriminating article was made from a place which is open or accessible to others it would vitiate the evidence under section 27 of the evidence act. any object can be concealed in places which are open or accessible to others. for example, if the article is buried on the main roadside or ..... state of himachal pradesh v. jeet singh 1999 cri lj 2025 : air 1999 sc 1293, wherein it was held as follows:26. there is nothing in section 27 of the evidence act which renders the statement of the accused inadmissible if recovery of the articles was made from any place which is 'open or accessible to others'. it is ..... court and we are constrained to observe that the learned judges without appreciating the ratio of this court in mohar rai v. state of bihar (1968) 3 scr 525 : air 1968 sc 1281 : 1968 cri lj 1479 tried to brush it aside on most untenable grounds. the question whether the investigating officer was informed about the injuries is wholly irrelevant .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2000CriLJ1970
..... penal code, every person in the service or pay of a local authority, a corporation established by or under a central, provincial or state act or a government company as defined in section 617 of the companies act, 1956, is a public servant. therefore, the status of the aforesaid injured as public servants is indisputable and the contention to the contrary ..... he was also pushed by certain persons. he has further admitted that the accused were threatening all the officers. he admits having seen injuries on the person of manager finance and karup and the damaged articles in the office of accounts manager. even pw-5 d.p. gupta has admitted that when he was present in his office accused ..... to go there but he was stopped by other accused and accused narain singh pushed him down resulting in spraining the foot of the witness. then he went towards finance hall where he found the articles and panes broken and was informed by pw-7 r.j. pille that the accused has thrown here and there the furniture, .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2000HP53
..... agreement dated 25-8-1993 is void as it would render the defendant landless, which was not considered at the time of granting permission to the plaintiff under section 118 of the act, is not only an afterthought but also without any basis and cannot be permitted to be raised in this appeal. therefore, the amendment sought for consists ..... plea that the other party has failed to perform his obligation under the contract. in prem raj v. d.l.f. housing and construction (private) ltd., air 1968 sc 1355, the learned judges came to the conclusion that absence of an averment on the part of the plaintiff as to readiness and willingness to perform his part of ..... the contract and had finances to pay the balance sale consideration. in these circumstances, the omission in the statement of the plaintiff that he has always been ready and willing to perform his part of the contract is not material to deny him the relief of specific performance.33. section 16(c) of the specific relief act is as under :--'16 .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [2000]118STC315(HP)
..... notification no. exn-c(9)2/90-iv dated the 30th january, 1996. in exercise of the powers conferred by sub-section (1) of section 42 of the himachal pradesh general sales tax act, 1968 (act no. 24 of 1968), the governor of himachal pradesh is pleased to make the following further amendments in this department's notification no. exn-c( ..... shall be inserted, namely : '1-c. (1) the governor of himachal pradesh in exercise of the powers conferred by sub-section (1) of section 42 of the himachal pradesh general sales tax act, 1968 (act no. 24 of 1968) is pleased to order exemption from tax, subject to their being eligible as per the terms of this para to the following ..... so far as this state is concerned. the said cement project also was stated to have had the approval of the world bank/international finance corporation, washington, who, it is claimed, also financed the project by way of term loan in addition to the project being monitored by the industrial development bank of india too. all these, .....
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