Court : Himachal Pradesh
Reported in : AIR1954HP4
..... zeal was in the right direction. i hold therefore that the remarks in question were uncalled-for, and that, under the inherent power vested in this court under section 561a, criminal p. c., the remarks ought to be ordered to be expunged.9. the revision is allowed to this extent only that the following passages occurring in ..... to catch him offering bribe. true, there is only the solitary statementof the petitioner regarding this second offer by the respondent, so that a court might hesitate to act on it in determining the guilt of the accused, but, for passing a sentence on the conduct of the petitioner, the court was not justified, in the ..... the dak bungalow were a magistrate and two police officers. the learned sessions judge dubbed the petitioner's evidence as evidence of an accomplice which could not be acted upon without corroboration. of this corroboration the learned sessions judge found none because, in his opinion, the police officers neither saw nor heard anything, and the magistrate .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : II(2002)ACC220
..... by the state government, there was no need for maintaining fire fighting equipment, etc. looking to the nature of the obligation cast under section 93 of punjab municipal act (supra) or under section 90 of h.p. act, 1968 (supra), it cannot be said by any stretch of imagination that the duty cast upon the defendants was directory, therefore, it was not ..... requisite man-power to operate the same was more onerous when it is defendants' case that in kullu town most of the buildings are wooden.52. under section 90 of the h.p. municipal act, 1968 it was the defendant no. 1 who was to maintain the fire fighting equipment, etc. webster's third new international dictionary (volume ii, p-1362) ..... on the next day, that too with the assistance of the brigades from manali as well as bhuntar.58. view that has been taken under section 90 of the h.p. municipal act, 1968, we feel that the plaintiffs were entitled to maintain suits. reference in this behalf can be made to a decision of supreme court in case k .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2000HP53
..... the 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 of such ..... 3, who has produced documents exts. p-11, p-12 and ext. px that the plaintiff has not only sought permission to purchase the property in dispute under section 118 of the act but also withdrawn an amount of rs. 3 lacs from his provident fund account, which shows that he had been willing to perform his part of the contract ..... on the 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 .....
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(9 ..... 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 other ..... and conditions as specified in para 1-c of notification no. exn-c(9)2/90-iv, dated 30th january, 1996 issued under section 42 of the himachal pradesh general sales tax act, 1968 (act no. 24 of 1968) with immediate effect.' 24. the plea on behalf of the respondents based upon the decision reported in (h.b. gandhi, excise .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1999HP87
..... under article 162 of the constitution. he has made a feeble attempt to show that these instructions were issued under section 247of the h.p. municipal act. 1968. but after going through this section we find that the learned counsel for the petitioner is misconceived. section 247 pertains to the powers of the deputy commissioner to suspend any resolution or order of the committee. there ..... in respect of the height of structure as per the n.a.c. bye-laws and the provisions of municipal act, 1968 as well as instructions annexure p-2. it is admitted that permission for development under the provisions of section 16 of the act was granted to sunil mahajan and associates, architects and interior designers for construction of sagar tourist resort on 29 .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (1999)IILLJ1116HP
..... of the constitution of india. a plea of implied consent and concurrence by those authorities has also been urged incidentally. as for the claim under section 25-f of the industrial disputes act, is concerned, the learned senior counsel for the respondents contended that the third respondent temple having regard to the nature and functions carried on in ..... created before the appointment or simultaneously, with it. a constitution bench of the apex court, in a decision reported in state of assam v. kanak chandra dutta, (1968-i-llj-288) (sc) has observed that a post is employment but that every employment is not a post and casual labourer is not a holder of a post ..... termination of the services of the petitioner.8. coming to the question of applicability or otherwise of the provisions of the industrial disputes act and the claim projected under section 25-f of the act as we are of the view that for the reasons already set out supra the petitioner cannot make any legitimate grievance of any .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1997HP51
..... validity of the enactment. we have already made a reference to the provisions of section 50 of the state of himachal pradesh act. it is needless to point out that the provisions of the himachal pradesh general clauses act, 1968 as amended by the himachal pradesh act no. 18 of 1971 would also enable any court to interpret the provisions of ..... assembly was not in session. later a bill was introduced and passed in the assembly which resulted in himachal pradesh university (amendment) act, 1983 (act no. 2 of 1984). sub-section (2) of section i of the said act declares that it shall be deemed to have come into force on the 28th day of october. 1983 i.e. the date on ..... lieutenant governor of himachal pradesh shall be the chancellor of the university and he shall have such powers as may be conferred on him by or under the act. section 12 provides that there shall be a vice-chancellor appointed in the manner prescribed by the statutes who shall be the principal executive and academic officer of the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1995HP15
..... -in-interest were never declared owners of the trees. these trees were assigned to him for management only. provisions of the forest act like sections 79 and 80 (forest act, 1878) or sections 80 and 81 (indian forest act, 1927) do not apply to the facts of this case. the management of the forest was not entrusted to the petitioner under ..... be fixed by the government'.'48. it may now be relevant to reproduce paragraphs 8, 9 and 10 of state of madhya pradesh v. ranoji rao shinde, air 1968 sc 1053, wherein k.s. hegde, j., said that:'8. from the above decisions it follows that choses in action and money could not be acquired under article ..... petitioner is the ex-ruler of princely estate of kutlehar. he has been appointed as superintendent of this forest by the government to exercise certain powers under the forest act.90. section 3 comprehensively deals with the grant of whatever nature -- management, supervision, control over the forest or waste land, made or granted by or on behalf of .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1985HP53
..... found in clause 2 of the ordinance which substituted the following sub-section for sub-section (1) of section 3 of the corporation act:'(1) for the purposes of this act the area comprised within the limits of the shimla municipal corporation constituted under section 5 of the capital of himachal pradesh (development and regulation) act, 1968. shall be the city of shimla.'the amendment was necessitated because ..... period of two years thereafter.3. the himachal pradesh municipal act, 1968 (hereinafter to be referred to as the 'himachal act') was enacted by the legislative assembly of himachal pradesh and it came into force on and with effect from february 3, 1969. section 284 of the said act, inter alia, repealed the punjab act as in force in the territories transferred to himachal pradesh under .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1983CriLJ419
..... out in proper bags and sent to the government analyst immediately and so there was no defect in taking and packing of the samples. under sub-section (3) of section 23 of the act, it is the duty of the inspector of effectively seal each portion, of the sample. there is nothing on the record to show that it ..... summoning him as an accused.3. the first contention of the learned counsel for the petitioner is that no standard has been laid down for bleaching powder under the act. it is section 3 (b) which defines the 'drug' thus:drug' includes-(i) all medicines for internal or external use of human beings or animals and all substances intended ..... the extent and subject to the conditions specified in that schedule. section 18 of the act falls under chap. iv of the act. item 12 of sch. 'k' exempts 'substances intended to be used for destruction of vermin or insects which cause disease in human beings or animals, viz. insecticides and disinfectants.25. since i have already held bleaching powder not .....
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