Court : Himachal Pradesh
Reported in : 1998CriLJ1829
..... , sale, purchase, transport, use, consumption, export, import of any narcotic drug or psychotropic substance.12. in exercise of the powers under section 9 read with section 76 of the act, the central government made the n.d.p.s. rules, 1985 in g.s.r. 837 (e) dated 14th november, 1985. they contain 68 rules and three schedules. although in the preamble ..... solan that the sample sent to it is a narcotic drug is liable to be excluded in judging the guilt of the accused under the act?10. sections 9 and 76 of the act confer on the central government power to make rules.11. a reading of these provisions will - show that the extent of the rule making power conferred under each of ..... the required degree of proof, we declare that in respect of all cases arising under the n.d.p.s. act in the state of himachal pradesh, other than those covered by the 1985 n.d.p.s. rules made by the central government in g.s.r. 837 (e) dated 14-11-1985, the public analyst of the government laboratory at .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1995HP15
..... must be held or let for purposes of agriculture or for purposes ancillary thereto in view of the apex court decisions referred to above.79. in madras central urban bank ltd. v. corporation of madras, air 1932 mad 474, it has been held that when a definition 'includes' certain things, it should ..... public and private-owned.87. in tinsukhia electric supply co. ltd. v. state of assam, air 1990 sc 123, the tinsukhia electric supply undertaking (acquisition) act, 1973 was challenged as unconstitutional. protection of article 31c was taken and upheld. it was held that electric energy generated by the supplier companies constitute material resources ..... ) the sites of buildings and other structures on such land; (b) orchards; (c) ghasnies; (d) banjar land; and (e) private forest;' section 2(19) of this act states: ''agricultural year', 'estate', 'holding'. 'legal practitioner', 'pay', 'rates and cesses', 'village cess' and 'village officer' have the meanings respectively assigned to these terms in the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2003HP5
..... human rights under part iii of the constitution have to be respected by the state regardless of budgetary provision. likewise, section 123 of the act has no saving clause when the municipal council is penniless. otherwise, a profligate statutory body or pachydermic governmental agency may legally defy duties under the law by urging in self defence a ..... of richardson, j. of new zealand appeal court in invercargil v. hamlin nzlr (1994 (3) nzlr 513) at p. 526 which was affirmed by the privy council in invercargill v. hamlin. as per this principle of general reliance propounded by mason, j. it appeared that the benefit of service provided under statutory powers should be ..... , as well as himachal pradesh municipal act. 1968 referred to herein above.50. mere non-availability of funds cannot be set up as a ground by any of the defendants, and particularly defendant no. 1, to carry out its statutory duty. what was held in municipal council. ratlam v. vardhichand. air 1980 sc 1622 and aptly applies .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (2002)IILLJ861HP
..... justice of india. an undertaking was given in the supreme court that a bill to make suitable amendments in the act would be brought before parliament as early as possible. the central administrative tribunal had also started functioning in benches in accordance with the above directions of the supreme court. as the ..... retirement and superannuation; (iii) leave of any kind; (iv) disciplinary matters; or (v) any other matter whatsoever. 20. clause (t) defines tribunal as central administrative tribunal or state administrative tribunal or joint administrative tribunal. chapter ii contains provisions regarding establishment of tribunals and benches thereof. chapter iii deals with jurisdiction, power and ..... and provides remedy, an aggrieved party has to avail the remedy provided under the act and it is not open to him to invoke jurisdiction of ordinary court. our attention in this connection was invited by the council to several decisions. in the well known case in dhulabhai v. state of madhya .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2006(1)ShimLC358
..... the board. the recognition and affiliation of the institute was necessary requirement for admission of the students to jbt two years course under the national council for teachers education act, ('act' for short). nevertheless, in view of the directions of the state government, admission forms for jbt-i examination were supplied to the institute ..... and communicated in writing for appropriate action to such institution and to the concerned examining body, the local authority or the state government and the central government.(5) every institution, in respect of which recognition has been refused shall discontinue the course or training in teacher education from the end of ..... 'in-service' courses for elementary teachers. even though ncte came into being in 1973 by a government resolution as a national expert body to advise central and state government on all matters pertaining to teacher education but role of the body was purely advisory and therefore could have little impact on the standards .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2000HP19
..... to execute at the rate stipulated for the main work under the contract. for that purpose the arbitrator could take into consideration the practice prevalent in the central public works department in this regard as well as the correspondence between the appellant and the authorities including the letters dated november 9, 1961, february 23, ..... commitment, 'the board was under a bounden duty to have supplied the machinery within a reasonable time' applying the principle of section 46 of the contract act. the bench finds that the delay that has occurred in supplying the machinery is unreasonable and on that basis holds that the contractor is entitled to compensation. ..... be conclusive, final and binding on the parties. subject to the provisions of the contract to the contrary as aforesaid, the provisions of the indian arbitration act, 1940 or any statutory modification or re-enactment thereof and the rules made thereunder and for the time being in force shall apply to all arbitration proceeding .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2003CriLJ4223
..... under these circumstances it cannot be believed that the scooter tyre marks would have remained at the spot intact, dw-14, the junior scientific officer of the central forensic science laboratory, chandigarh, who had examined the impression mould ex. p49 has stated that the impression of the tyre had neither been affected by rain ..... uncorroborated testimony of an accomplice.'35. illustration (b) to section 114, evidence act, further provides :--'the court may presume that an accomplice is unworthy of credit unless he is corroborated in material particulars.'36. dealing with the scope and ..... trial judge.33. next comes the question whether conviction can be based on the sole and uncorroborated testimony of the approver.34. section 133 of the evidence act, provides :--'accomplice :-- an accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : II(2002)ACC220
..... human rights under part iii of the constitution have to be respected by the state regardless of budgetary provision. likewise, section 123 of the act has no saying clause when the municipal council is penniless. otherwise, a profligate statutory body or pachydermic governmental agency may legally defy duties under the law by urging in self-defence a ..... entitled to maintain suits. reference in this behalf can be made to a decision of supreme court in case k. ramadas shenoy v. the chief officers, town municipal council, udipi and ors. : [1975]1scr680 .59. so far the manner in which demolition has been carried out as noted hereinabove and the post-haste shown in ..... , as well as himachal pradesh municipal act, 1968 referred to hereinabove.50. mere non-availability of funds cannot be set up as a ground by any of the defendants, and particularly defendant no. 1, to carry out its statutory duty. what was held in municipal council, ration v. vardhichand and ors. : 1980crilj1075 , and aptly applies to .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(2)ShimLC59
..... declaration of his result. the facts in the present case are diametrically opposite as has been mentioned hereinabove.16. learned counsel for the respondent has relied upon central board of secondary education (supra), to contend that allowing the writ petition and directing the respondent-university to declare the result would put the rule of law ..... if granted would be opposed to law.13. tariq islam (supra) was a case where the question of equivalence in qualification was examined in detail and the academic council had approved the admission of the petitioner to his m. phil. and ph.d. courses. it was only at the time of appointment of petitioner that a ..... optional subject. a two year degree of arts, without english as a subject, awarded by the university of calcutta cannot be recognized under the provisions of the act and the ordinances of the respondent-university. the enrolment of the petitioner for undertaking the examination in the subject of english is an error and declaration of a .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : II(2004)DMC683
..... -like stimulation followed by paralysis of preganglionic and somatic motor nerves, causing twitchings of the eyelids, tongue and facial muscles followed by neuromuscular block and paralysis. (3) central nervous system stimulation followed by depression causing headache, giddiness, restlessness, apprehension, tremors, ataxia, insomnia, coma and death.signs and symptoms : onset of systemic symptoms is ..... unless it discharges that onus, the prosecution cannot succeed. the court may, of course, presume, as mentioned in section 114 of the indian evidence act, the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public ..... to forcible administration of poison. the nature of the injuries and parts of the body on which sustained or received suggest that this was an act caused by accused while overpowering her to administer forcible poison. no other view can be drawn or taken if the injuries referred to above are .....
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