Court : Himachal Pradesh
Reported in : AIR1999HP31
..... ltd. and others for the recovery of loan amount. execution petition under section 31 of the state financial corporations act, 1951 came to be filed by the appellant-corporation against the judgment-debtors in the court of district judge, sirmour district at nahan. sh. n. a. sheikh, advocate was appointed as court auctioner by the court ..... mortgaged property for rs. 12,14,000/- in favour of auctioner purchasers s/shri onkar singh and narinder singh and submitted his report to the learned district judge. the decrec-holder-judgment-deblors-appellants herein filed objection petition under order 21 rule 90 cpc against the sale of the property. the appellant-himachal pradesh financial ..... injury was the result of the material irregularity or fraud.'9. in hotel nataraj v. karnataka state financial corporation, air 1989 kant 90 the learned single judge of the high court held that grievance as to illegalities in holding auction sale and as to inadequacy of price fetched, the powers of the high court .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2000ACJ666
..... of vindicating these precious fundamental rights. it was also indicated that the procedure-suitable in the facts of the case must be adopted for conducting the inquiry, needed to ascertain the necessary facts, for granting the relief, as the available mode of redress, for enforcement of the guaranteed fundamental rights. more recently ..... these recommendations, however, have not acquired any statutory status so far.11. further in paras 44, 45 and 46 of the judgment the hon'ble judge while dealing with the question of granting compensation for unconstitutional deprivation of fundamental right to life and liberty of the citizens observed as under:(44) the ..... guaranteed under the constitution, is a claim based on strict liability and is in addition to the claim available in private law for damages for tortious acts of the public servants. public law proceedings serve a different purpose than the private law proceedings. award of compensation for established infringement of the indefeasible .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1999HP6
..... following such ratio, it:cannot be said that the present petition lacksmaterial facts required to be stated under section83(l)(a) of the act. nor it can be said that only aroving and fishing inquiry is being attempted bythe petitioners. both the contentions are as such,without merit. 46. resultantly issue no. 3, is answered in ..... moving an application under article 136 of the constitution of india, before the hon'ble supreme court. such application was, however, dismissed. 36. the learned trial judge alter inspection of the concerned 74 ballot papers and upon hearing the parties, held that the rejection of such 74 ballot papers for want of the signature of ..... not been specifically stated in the petition. the learned judge thus came to the conclusion that material particulars, as required under section 83(l)(a) of the act, had not been stated and that the election petitioner had really attempted to embark upon a roving and fishing inquiry. 41. the election petitioner went up in appeal before .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [2003]133STC101(HP)
..... at mehatpur in una district and he has been issued with the licence by the petrol taxation officer under the himachal pradesh motor spirit (taxation of sales) act, 1968 (hereinafter referred to as 'the act') and the himachal pradesh motor spirit (taxation of sales) rules, 1969, made thereunder. the petitioner in this case was subjected to assessment for the year ..... no jurisdiction to direct the railway administration to deduct tax at 2 per cent from the payments made to the petitioners therein. same view was taken by the very learned judge in another decision reported in o.c. corporation v. state of bihar [1996] 102 stc 33 (pat). a division bench of the patna high court held, ..... the earlier noticed decision. in santosh kumar harlalka v. state of assam [1995] 99 stc 615, a learned single judge of the gauhati high court has held that section 27(b) of the assam general sales tax act, 1993, made special provision relating to deduction of tax at source in certain cases and in the absence of any .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (2000)ILLJ926HP
..... (1963-i-llj-325) (sc), cited by the learned counsel for the petitioner is of no assistance, as in that case the learned judges had come to the conclusion that no proper departmental inquiry affording reasonable opportunity to meet the allegations contained in the charge-sheet was afforded to the delinquent officer. similarly, the judgment in s. parthasarthi v ..... a criminal case under sections 420, 120-b, 465,467, 468 and 477-a, i.p.c. read with section 5(2) of the prevention of corruption act by the sessions judge, solan vide judgment dated november 25, 1991, on the basis of which notice to show cause dated january 27, 1992 for his dismissal from bank service w. ..... (annexure p-9) by holding the petitioner guilty of advancing loan to a non-existent borrower in fictitious name of bhagat ram son of surat ram and thus acted fraudulently, misused his position as manager and failed to discharge his duties honestly and to the satisfaction of the bank. the appeal of the petitioner against the order .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [2001]103CompCas629(HP)
..... in that case, their lordships were dealing with expression 'development scheme' as defined in clause (1) of the explanation to section 71 of the kerala revenue recovery act, 1968, and said that 'development scheme' is an exclusive definition and the respondent-bank has not been able to show that the bank has framed any 'development scheme' and ..... corporation, air 1981 kar 193, and the decision of this court in leela dutt v. himachal pradesh financial corporation [1998] 93 comp cas 388. the learned judges of the karnataka high court have held that the certificate issued by the managing director to the deputy commissioner for recovery of loans due as arrears of land revenue ..... authors submitting books for selection was a member of the committee rendered the selection of the books vitiated on the ground of bias of such member. the judges held that the author-member could subtly influence the minds of the other members against selecting books by other authors in preference to his own and it .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (2000)ILLJ544HP
..... decisions reported in (1975-ii-llj-117) (sc) (supra) and municipal corporation of delhi v. ganesh razak and anr. (1995-1-llj-395) (sc), national engineering industries v. workmen, (1968-i-llj-816) (sc), major d. aranha v. the management of universal radiators, 1975 lab ic 1180, hafed v. presiding officer (1997-iii-llj)(supp)-353) (p&h;), jagannath barik ..... the last stage in the process which commenced with a reference to the industrial tribunal. it was, therefore, held in state bank of bikaner and jaipur v. .l. khandelwal, (1968-ii-llj-589)(sc), that a workman cannot put forward a claim in an application under section 33-c(2) in respect of a matter which is not based on ..... , the concept of minimum bonus and the right of an employee within the meaning of the act to obtain such minimum bonus, came to be declared and recognised in law.10. in (1997-iii-llj-(suppl)-353) (p&h;) (supra) a learned single judge of the punjab and haryana high court while dealing with the claim made under section 33-c .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(1999)ACC690,2000ACJ1531
..... employment. in the present case it cannot be said that the deceased were having contract of employment with themselves as they were carrying their own goods. the learned judges of orissa high court in new india assurance co. ltd. v. kanchan bewa 1994 acj 138 (orissa), which judgment has been approved by the apex court in ..... no. 3 in the claim petitions, raised preliminary objection that the deceased were travelling as gratuitous passengers for whom the insurance company was neither liable under the act nor under the terms and conditions of the insurance policy. keeping in view the defence of the insurance company, the issues framed, inter alia, were whether ..... be termed as passengers in the vehicle for hire and reward within the meaning of proviso (ii) to section 95 (1) of the motor vehicles act (hereinafter called as 'the act') to fasten the statutory liability on the insurer. another ground raised by the appellant insurance company is that in the alternative, the deceased have been .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1999HP87
..... were issued 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 ..... individual seeking judicial remedy and various activities in the field of pil. probably some reservation and diversity of approach to the philosophy of pil among some of the judges of this court as reflected from the various decisions of this court, is one of the reasons for this court finding it difficult to evolve a consistent jurisprudence ..... in such cases.'18. in s. p. gupta v. union of india, air 1982 sc 149, on the question of locus standi all the seven learned judges constituting the bench concurred that the traditional rale in regard to locus standi that judicial redress is available only to a person who has suffered a legal injury by .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (2000)ILLJ888HP
..... observed that it would be even necessary to enlarge the corpus of the dependents by construing the provision liberally to achieve the object of the act. in our view, the observations of the learned judge in this case are too wide to commend for our acceptance, in the teeth of the other decisions noticed above. the fact that the ..... of the insurance company by the applicants or by the first respondent employer and, therefore, the application may be dismissed.3. the authority below after conducting an inquiry came to the conclusion that there was no serious objection to the age of the workman and his death while in the employment or the wages claimed and that ..... eligibility or otherwise of the legal representatives of the claimant who filed the claim earlier to be entitled to compensation. a.d. koshal, j., as the learned judge then was, while repelling the claim of the legal representatives of the dependent mother who filed the application, held as follows:'a look at this definition of the term .....
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