Judgment Search Results Home > Cases Phrase: indian coinage act 1906 section 13 coin when a legal tender Court: himachal pradesh Page 1 of about 1 results (0.067 seconds)

H.P. State Council for Child Welfare Vs. the Unique Mixers and Furnace ...

Court : Himachal Pradesh

Reported in : AIR2001HP22

..... section 37(3) of the old act, which makes a somewhat similar provision, reads :--'for the purposes of this section and of the indian limitation act, 1908, an arbitration shall be deemed to be commenced when one party to the arbitration agreement serves on the other parties thereto a notice requiring the appointment of an arbitrator, or where the arbitration agreements provides that reference shall be to a person named or designated in the agreement, requiring that ..... feeling aggrieved by and being dissatisfied with the award, the petitioner has approached this court by way of the presentobjection petition under section 34 of the act, assailing the award inter alia on the following grounds :--(a) the arbitrator has neither followed the procedure for conducting the proceedings nor evolved his own procedure to conduct the same. ..... at the very outset, a preliminary objection was raised on behalf of the respondent as to the maintainability of the present objection petition under section 34 of the act, it was contended that the present case is governed by the provisions of indian arbitration act, 1940 (for short : the old act) and as such the present petition made under section 34 of the act is not maintainable.9. ..... therefore, after obtaining legal advice, a notice was sent to the respondent on 23-7-1997 calling upon the respondent to settle the dispute. .....

H.P. State Council for Child Welfare Vs. Unique Mixers and Furnaces Pr ...

Court : Himachal Pradesh

..... section 37(3) of the old act, which makes a somewhat similar provision, reads :'for the purposes of this section and of the indian limitation act, 1908, an arbitration shall be deemed to be commenced when one party to the arbitration agreement serves on the other parties thereto a notice requiring the appointment of an arbitrator, or where the arbitration agreements provides that reference shall be to a person named or designated in the agreement ..... feeling aggrieved by and being dissatisfied with the award, the petitioner has approached this court by way of the present objection petition under section 34 of the act, assailing the award inter alia on the following grounds :(a) the arbitrator has neither followed the procedure for conducting the proceedings nor evolved his own procedure to ..... of the provision contained in clause (a) of sub-section (2) of section 85 of the act, quoted above, shows that in spite of the repeal of the old act, the provisions of the said act would continue to apply to all arbitral proceedings which commenced before the coming into force of the act unless the parties had agreed to the applicability of the act to such arbitral proceedings.12. ..... that the present case is governed by the provisions of indian arbitration act, 1940 (for short; the old act) and as such the present petition made under section 34 of the act is not maintainable.9. ..... therefore, after obtaining legal advice, a notice was sent to the respondent on 23.7.1997 calling upon the respondent to .....

Moti Ram Vs. Union of India (Uoi) and ors.

Court : Himachal Pradesh

Reported in : AIR1966HP25

..... has no locus standi to file the writ-petition as none of his constitutional or legal rights has been infringed by the provisions of section 54 of the government of union territories act, was taken up in the return, filed bill this objection was not pressed at ..... , 1954, and ending with the 31st day of october, 1956, by the lieutenant governor of himachal pradesh in the exercise or purported exercise of the powers conferred on him by section 9 of the government of part c states act, 1951, shall be deemed for all purposes to have been the duly constituted legislative assembly of the new state of himachal pradesh formed under ..... assembly of each of those union territories, namely: (a) every constituency in existence immediately before the commencement of this act shall on and from such commencement be deemed to be an assembly constituency of the same name for the purpose of elections to the legis-tative assembly of the union territory under this section; (b) the scat reserved in any constituency for the scheduled castes in the union territory of himachal pradesh shall be ..... himachal pradesh and its legislative set-up, and relying upon that history, contended that, before independence, supreme legislative power vested in the rulers of the indian states, which were subsequently integrated to from himachal pradesh and that, after independence, such power vested in the central government or parliament. ..... differential treatment becomes unlawful only when it is arbitrary or not supported by .....

Rajender Kumar Son of Sh. Hitender Kumar Vs. State of Hp Through Secre ...

Court : Himachal Pradesh

..... in kashmir singh case (supra), it has been held as follows:- a bare reading of the above amended provision insofar as confiscation of a vehicle under section 52 (a) of the indian forest act, makes it clear that the prosecution is required to satisfy two conditions; (i) there must be notice in writing given to the registered owner of the vehicle, if practicable; and (ii) the vehicle must ..... forest-offence is believed to have been committed in respect of timber (excluding fuelwood), resin, khair wood and katha, which is the property of the state government, the officer seizing the property under sub-section (1) of section 52 without any unreasonable delay produce it, together with all tools, ropes chains, boats or vehicles used in committing such offence before an officer, authorized by the state government in this behalf, by notification ..... timber (excluding fuelwood) resin, khair wood and katha, which is the property of the state government, or where any such property is produced before an authorized officer under sub-section (1), once he is satisfied that a forest-offence has been committed in respect of such property, such authorized officer may, whether or not a prosecution is instituted for the commission of such offence, ..... been stated that truck was impounded by the police near international boundary of india when it was involved in carrying red sanders woods towards china alongwith another vehicle with ..... there is no legal reason on record to show any justification for not .....

Bhoom Bahadur Alias Rajan Thapa Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : 2009CriLJ4520

..... in view of the conclusion drawn above, in my opinion, the prosecution has not been able to prove the case against the appellant under section 307 of the indian penal code, but the injury caused to the appellant in view of the statement of the doctor is of 'grievous', in nature falling under section 320 of the penal code, endangering to his life which fact stands proved by the fact that immediately after the injury, he was taken to the district hospital. ..... as already stated above, an offence under section 307 of the indian penal code is a very serious offence and it required the same very factors to be proved as are needed to prove an offence under section 302 of the indian penal code except that in this case the act falls short of the death of the deceased which is necessary under section 302 of the indian penal code.33. ..... ) paralysis, urinary infection, etc.as a general principle, the court is likely to consider as dangerous to life in a legal sense only these words in which the danger is imminent. ..... i wonder, why the defence thought no necessity to ask the doctor about the impact of the injury, more specifically, when there was no intervening circumstance alleged by the prosecution. ..... when called upon to enter into his defence, he examined d.w. ..... when mannu got relieved from the clutches of the appellant, he ran away. ..... when mannu relieved himself he fled away from the spot. .....

Prem Chand and anr. Vs. Lilawati Shanti and ors.

Court : Himachal Pradesh

Reported in : AIR1956HP16b

..... section 29 of the indian succession act 1925 and section 5 of the punjab laws act together, it cannot, in my opinion, be argued seriously that the punjab laws act of 1872 would not be covered by the expression "any other law for the time being in force" to be found in section 29(2), succession act ..... " "whatever difficulties might surround this question in other provinces, owing to the absolute provision of the succession act none apparently exist in the punjab, as section 2 of the succession act allows an exception in favour of rules, other than those therein contained, and under section 5 of act iv of 1872, custom, if proved, is the first rule of decision, irrespective of all considerations of nationality ..... 5, has not only corroborated the custom, as stated by dhan singh, but has further added that when his grandfather, janki chauhan died in 1918, he and his uncle, sidiqia, succeeded to his estate excluding his two aunts named, gomati mati and phalmani, and two sisters, timti pargana and egans ..... noteworthy that in the present case, the parties are christians of kotgarh, which was a part of the punjab at the time samuel died and continued as such till 25-1-1950, when it was transferred to himachal pradesh, the provisions of the punjab laws act were applied to himachal pradesh on 25-12-1948. ..... in 1948, when samuel died, both the acts were in force ..... in the same way, when samuel died, his estate was mutated in the name of his sons, prem chand and timtawas, defendants in accordance with the .....

Sarwan Kumar Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : 2000CriLJ4002

..... in section 113-a indian evidence act the learned assistant advocate general while supporting the conviction and sentence imposed upon the appellant by the learned sessions judge, has vehemently contended that on the facts and in the circumstances of the case, such an inference and presumption has to be raised for arriving at the conclusion that appellant had treated the deceased with cruelty within the meaning of section 498-a indian penal ..... ceased had complained to her about the beatings about six days prior to her death when she (the deceased) had come to stay in her parental house and that prior to that she had ..... prabhi devi:-my daughter told me about the beatings six days prior to her death when she was in our house but prior to that she did not specifically told me about the beatings but had been telling me off and on that small matters happen ..... under:-i on that day went to delhi to bring my brother-in-law and when i came to village then the false case was made out against us. ..... the last of such complaint was made when the deceased had come to stay for 5/6 days at her parental house during some festival ..... deceased had committed suicide by hanging herself in the kitchen in their absence when they were away working in their field. ..... presumption as to abetment of suicide by a married woman- when the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of .....

Commissioner of Income-tax Vs. Mohan MeakIn Breweries Ltd.

Court : Himachal Pradesh

Reported in : [1991]192ITR134(HP)

..... and customers was an allowable expenditure under the head 'profits or gains' of any business, profession or vocation carried on by an assessee by virtue of section 10(2)(xv) of indian income-tax act, 1922, on the ground that such hospitality and entertainment is extended wholly for the purposes of promotion of the business of the assessee. ..... the part of companies and their directors and executives to entertain on a lavish scale at the expense of the company and thereafter claim the same as entertainment expenses, a proviso was inserted in the year 1961 in section 10(2)(xv) which provided that no expenditure in the nature of entertainment expenditure shall be allowed in the case of an assessee, other than a company, and, in the case of companies, it provided a deduction on a ..... that we would be justified in laying down any formula so as to provide a readymade answer to this problem ; but, in the context of the legislative intent evinced from the gradual evolution of the present provisions contained in sections 37(2a) and (2b), we venture to indicate a few broad tests so as to facilitate a taxpayer to understand and the revenue to determine the nature of entertainment expenses though in each case in the ultimate analysis it would be a ..... in the year 1967 by the taxation laws (amendment) act, 1967, which came into force on and with effect from october 1, 1967, when sub-section (2a) was introduced in section 37 of the act whereby, in the case of assessees other than companies also .....

Yogendra Chandra Vs. Commissioner of Wealth-tax and ors.

Court : Himachal Pradesh

Reported in : [1991]187ITR58(HP)

..... national taj traders [1980] 121 itr 535, wherein the provisions of section 33b, introduced in the indian income-tax act, 1922, by the income-tax and business profits tax (amendment) act, 1948, conferring revisional powers upon the commissioner to correct the erroneous orders of the income-tax officer in so far as they were prejudicial to the revenue, came up for consideration. ..... the power under sub-section (4), on the language used therein, can be exercised even at the stage when the amount of penalty imposed upon the assessee is in the process of being recovered.8. ..... under sub-section (4), a prayer can be made for its reduction or waiver when the penalty has become payable or for its stay or compounding of the proceeding for the recovery of an amount of penalty already imposed is going on. ..... when one looks at sub-section (4), one finds that the power which is conferred upon the chief commissioner or the commissioner therein is not confined only to reduction or waiver of the amount of penalty payable by the assessee but extends also to stay or to compound ..... unlike sub-sections (4a) and (4b) of section 271 of the income-tax act, the commissioner has now been empowered also to grant relief at a stage when the amount of penalty is being realised from the assessee, either by further reducing or waiving it or by staying the proceedings for the recovery of the amount and compounding the proceedings for recovery of the amount of penalty in case .....

Union of India (Uoi) Vs. Sansar Chand and ors.

Court : Himachal Pradesh

Reported in : AIR1960HP1

..... out that although the memorandum of appeal was directed by the senior subordinate judge to be forwarded to the registrar of this court on 9-12-1957, nevertheless, either that order was not complied with or the file was misplaced when the appeal reached this court.in the notes portion of this appeal, i had pointed out that the memorandum of this appeal was found along with execution first appeal no. ..... there, a division bench of that high court, in considering the scope of section 5 of the limitation act, indicated that: 'wanton negligence on the part of a legal adviser is not a sufficient ground for the exercise of the court's clemency under. ..... my attention was invited, in this connection, to the provisions of section 4 and 6 of the indian court fees act and of the himachal pradesh court fees (amendment) act, 1952. ..... ground that he could not take cognizance of it, as it stood.i had further pointed out that in case sansar chand felt that dayal singh had committed the offence of cheating or any other offence, punishable under the indian penal code or any other enactment in force in chamba, he should have filed a complaint under the proper ..... under section 56 of the indian contract act, if a contract becomes impossible or by reason of some event which the promisor could not prevent, becomes unlawful then the contract becomes void. ..... 202 were both decisions under section 126 and 127 of the indian contact act. .....