Court : Himachal Pradesh
..... withdrawn, nor it is a case where unilateral decision has been taken. instead, it appears to us that the provisions of rules of 2008 read with (2nd amendment) rules, 2009 postulate progressive withdrawal of benefit of grant-in-aid to the respective colleges so that the available funds, can be redistributed equitably to support other ..... etc. can also be taken into consideration while framing the norms. it is obvious that in case such norms are framed, then the rules will require certain amendments and the colleges may not get (complete) 95% grant-in-aid because of the equitable distribution involved. it is clarified that the various suggestions and guidelines ..... others (supra), wherein the apex court considered the question whether the courts have power to declare an act of the legislature to be invalid. in paragraphs 34 and 35, the court observed thus: 34. in india the grundnorm is the indian constitution, and the hierarchy is as follows : (i) the constitution of india; (ii) statutory law .....
Tag this Judgment!Court : Himachal Pradesh
..... criminal negligence, in mahadev prasad kaushik vs. state of uttar pradesh and another, (2008) 14 scc 479, the court holds: 23. section 304-a was inserted by the indian penal code (amendment) act, 1870 (act xxvii of 1870) and reads thus; 304-a. causing death by negligence-whoever causes the death of any person by doing any rash or negligent ..... been established as: 28. whether a civil or a criminal case, the anvil for testing of 'proved', 'disproved' and 'not proved', as defined in section 3 of the indian evidence act, 1872 is one and the same. a fact is said to be 'proved' when, if considering the matters before it, the court either believes it to exist, or considers ..... state of maharashtra, 1968 acj 38, holding: 11. an offence under section 304-a indian penal code may be committed either by doing a rash act or a negligent act. there is a distinction between a rash act and a negligent act. in the case of a rash act as observed by straight, j. in idu begs case the criminality lies in running the .....
Tag this Judgment!Court : Himachal Pradesh
..... allegations of consensual sex in a case of alleged rape. it is however significant that section 113-a and 113-b too were inserted in the evidence act by the same amendment by which certain presumptions in cases of abetment of suicide and dowry death have been raised against the accused. these two sections, thus, raise a clear ..... scc 714, the supreme court while dealing with the aspect of entry in public record, holds: 20. a document is admissible under section 35 of the indian evidence act, 1872 (hereinafter called as `evidence act') being a public document if prepared by a government official in the exercise of his official duty. however, the question does arise as what is the ..... dev darshan sud, j. the appellant is aggrieved by his conviction under section 376, 363 and 366 of the indian penal code (hereinafter referred to as the ipc) and has been sentenced as under:sr. no.offence under sectionsentenced imposed.1.363 ipcsimple imprisonment for seven years and fine of rs.5000/-. in default .....
Tag this Judgment!Court : Himachal Pradesh
..... support the judgment by reasons or to consider the evidence or law for the first time to see if the judgment needs a reversal. 9. section 14-b as amended by act 40/73 w.e.f. 1-11-1973, confers power on the concerned authority to recover damages. where an employer makes default in the payment of any contribution ..... recover from the employer by way of penalty such damages, not exceeding the amount of arrears as may be specified in the scheme. the section itself, after the 1973 amendment, now provides that before levying and recovering damages, the employer shall be given a reasonable opportunity of being heard. the scheme referred to in s.14-b is the ..... that the department permits a 'grace period' of 5 days and it is only thereafter that the damages are computed. section 11 of the act deals with 'penalties'. further under s. 405, explanation-i of the indian penal code, 1860, if a person, being an employer, deducts the employee's contribution from the wages payable to the employees for crediting .....
Tag this Judgment!Court : Himachal Pradesh
..... case of alleged rape. it is however significant that section 113-a and 113-b too were inserted in the evidence act by the same amendment by which certain presumptions in cases of abetment of suicide and dowry death have been raised against the accused. these two ..... is always correct or without any embellishment or exaggeration. 12. reference has been made in gurmit singh case to the amendments in 1983 to section 375 and 376 of the penal code making the penal provisions relating to rape more stringent, also to section ..... with this proposition but there has to be evidence of proved facts in accordance with the principles enshrined in section 3 of the evidence act. the totality of the circumstance of this case on the record does not inspire confidence to establish the fact that the accused had, ..... sud, j. (oral). the appellant challenges his conviction under sections 452 and 376 of the indian penal code sentencing him to undergo rigorous imprisonment for a period of two years under section 452 .....
Tag this Judgment!Court : Himachal Pradesh
..... allegations of consensual sex in a case of alleged rape. it is however significant that section 113-a and 113-b too were inserted in the evidence act by the same amendment by which certain presumptions in cases of abetment of suicide and dowry death have been raised against the accused. these two sections, thus, raise a clear ..... of rs.5000/- for offence punishable under section 506 ipc and in default of payment of fine, simple imprisonment for one month. 2. the genesis of the prosecution case ..... conviction under sections 376 and 506 of the indian penal code (hereinafter ipc) sentencing him to undergo rigorous imprisonment for a period of seven years and fine of rs.20,000/-, in default of payment of fine, simple imprisonment for a period of six months for offence under section 376 ipc and simple imprisonment for one year and fine .....
Tag this Judgment!Court : Himachal Pradesh
..... in one part of india open to citizens in all other parts of india. the third clause then makes an exception. this clause was amended by the constitution (seventh amendment) act, 1956. for the original words of the clause under any state specified in the first schedule or any local or other authority within its ..... the constituent assembly was thinking of residence in districts, taluqas, cities towns or villages. the fact that this clause is an exception and came as an amendment must dictate that a narrow construction upon the exception should be placed as indeed the debates in the constituent assembly also seem to indicate. we accordingly ..... been engaged without following a due process of selection as envisaged by the constitutional scheme. 24. their lordships of the honble supreme court in indian drugs and pharmaceuticals limited versus workmen, indian drugs and pharmaceuticals limited, (2007) 1 scc 408 have laid down that the court cannot direct continuation in service of a non-regular .....
Tag this Judgment!Court : Himachal Pradesh
..... forest divisions and wildlife divisions in himachal pradesh have been notified as rs.authorized officers under sub-section(1) of section 52a of indian forest act, 1927 (himachal amendment) (for short, act). it has been stated that police has not completed the investigation and challan has not been submitted in the court in fir no. ..... controversy in the petition is limited, whether at this stage the petitioner is entitled to the release of the truck. the sections 52a, 52b of indian forest act, 1927 (himachal amendment), are as follows:- 52-a. confiscation by forest officers in certain cases:- (1) notwithstanding anything contained in this chapter, where a forest-offence ..... the truck in favour of the petitioner nor he has taken any decision otherwise with respect to the truck under sections 52a and 52b of indian forest act, 1927 (himachal amendment). the authorized officer is to discharge his statutory duties in accordance with law. he cannot sit over the application of the petitioner for .....
Tag this Judgment!Court : Himachal Pradesh
..... : (scc pp 285 and 287-88, paras 10 and 19) 10. the object for which section 498-a ipc was introduced is amply reflected in the statement of objects and reasons while enacting the criminal law (second amendment) act 46 of 1983. as clearly stated therein the increase in the number of dowry deaths is a matter of serious ..... proved. the explanation to section 498-a gives the meaning of cruelty. 17. the object for which section 498- a ipc was introduced is amply reflected in the statement of objects and reasons while enacting the criminal law (amendment) act, 1983 (46 of 1983). as clearly stated therein the increase in the number of dowry death is a matter of ..... explanation for the purpose of section 498-a.substantive section 498-a ipc and presumptive section 113-b of the evidence act have been inserted in the respective statutes by the criminal law (second amendment) act, 1983. it is to be noted that sections 304-b and 498-a ipc cannot be held to be mutually inclusive. these provisions deal with .....
Tag this Judgment!Court : Himachal Pradesh
..... (2) this section applies to (a) any offence triable exclusively by the court of session or by the court of a special judge appointed under the criminal law amendment act, 1952 (46 of 1952). (b) any offence punishable with imprisonment which may extend to seven years or with a more severe sentence. (3) every magistrate who ..... high court or court of sessions, or any offence punishable with imprisonment. [ which may extend to seven years], or any offence under any of the following sections of the indian penal code, namely, sections [ 161, 165, 165a,] 216a, 369, 401, 435 and 477a, the district magistrate, a presidency magistrate, a sub-divisional magistrate or any ..... c.r. (criminal) 380, an fir was registered against the petitioner for the offence under sections 7, 13(1)(d) of prevention of corruption act, 1988 and section 120-b ipc and against ramesh purohit the then block development officer. the magistrate on the application of rajendra singh recorded his statement under section 164 cr.p.c. .....
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