Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 section 5 powers of committee Court: himachal pradesh Page 10 of about 648 results (0.107 seconds)

Mohar Singh Prem Singh Vs. State

Court : Himachal Pradesh

Reported in : 1979CriLJ216

..... was passed by him.2. it is the first contention raised by the petitioner which is more important because it touches the question of jurisdiction of the learned special judge to act under section 457 of the cr.p.c. on this point the contention raised on behalf of the petitioner was that section 457 can be invoked only when ..... in this chapter contemplates the order for custody and disposal of property pending the trial and says that when any property is produced before any criminal court during any inquiry or trial, the court may make such orders as it thinks fit for proper custody of such property pending the conclusion of the trial. thus section 451 contemplates ..... is that if a particular word is statutorily denned in the statute, then that definition should prevail. therefore, when sections 451, 452 and 457 speak of an 'inquiry, they speak of the inquiry which is defined in section 2 (g) of the code. there is nothing in context in which this expression is used in sections 451, 452 and 457 .....

Mohan Lal Vs. Himachal Pradesh State Forest Corporation and ors.

Court : Himachal Pradesh

Reported in : (2008)ILLJ524HP

..... to him. none of these submissions are of any help. the order is vitiated not because of mechanical exercise of powers for non-supply of the inquiry report but for relying and acting on material which was not only irrelevant but could not have been looked into. purpose of supplying document is to contest its veracity or give explanation. ..... chandigarh and ors. it was, held that incorporating the proposed punishment in the notice itself is error in law and violates the principles of natural justice. the hon'ble judge has observed as under:after hearing the learned counsel for the parties, i find substance in both the contentions. the trend of letters exchanged in great haste between the superintending ..... the mind in coming to a fair conclusion on the question.24. it has been held in ram chandra chaudhuri v. secretary to govt. of west bengal and ors. 1968-ii-llj-376 (cal) that:point (3). conscious as i am that a plea of mala fide rarely succeeds i find that in the present case, the circumstances .....

State of Himachal Pradesh Vs. Tai Ram

Court : Himachal Pradesh

Reported in : 2009(2)ShimLC434

..... in conjunction with his statement, it is clear that the land vested in the state of himachal pradesh under the himachal pradesh ceiling on land holdings act, 1972 free from all encumbrances. the learned district judge has erred in law by shifting the onus on the defendant to prove that the possession was taken by the state government. initially, the burden was ..... as the suit land was declared surplus by gopi nand negi, mohatmim of devta sahib kajal (gasoh). it is further averred by the defendant that as per the inquiry conducted by the revenue field staff on the spot, the suit land was found in possession of devta sahib and not in the possession of the mortgagees at that time. ..... of the suit land. changtru, kala and dharmu were recorded in possession of the suit land as mortgagees. these entries were recorded in jamabandi for the year 1964-65 and 1968-69 ex.pw-1/h and pw-l/c, respectively. the plaintiff has averred in para 3 of the plaint that the suit land vested in the state of himachal .....

Land Acquisition Collector, H.P., P.W.D., Solan and anr. Vs. Jeet Ram

Court : Himachal Pradesh

Reported in : AIR1987HP71

..... himachal pradesh. this much indeed is conceded even by the learned advocate general appearing on behalf of the appellants and, in my opinion, rightly. the learned district judge, therefore, was also competent to order the payment of interest on the amount of compensation awarded by the land acquisition collector for the period from june 1, ..... , 1959 till the dale of deposit of payment.5. it will be convenient first to refer to the relevant provisions of the act. section 11 enjoins upon the collector the duty to hold an inquiry into the matters therein prescribed and to make an award determining, inter alia, the compensation which, in his opinion, should be ..... the possession of the acquired land was taken from the respondent-claimant by the state of punjab long before the proceedings for acquisition were initiated. the learned district judge has found that the possession was taken on june 1, 1958. on that basis, he awarded interest, as aforesaid, on the entire amount of compensation from june .....

Meena Ram Vs. State of H.P. and anr.

Court : Himachal Pradesh

Reported in : 1990CriLJ1347

..... of the main case. for passing an order relating to the disposal of the case property, there is no need to examine witnesses and to hold-an elaborate inquiry. for arriving at a decision, the court looks at and examines the facts and the evidence already before it in the main case. similar views were expressed in ..... the case property, the trial court ordered the confiscation thereof to the state of himachal pradesh.3. the petitioner assailed this order by way of appeal before the sessions judge, shimla, but the same was dismissed by the impugned judgment. this is how the present petition has come before this court.4. shri k. d. sood, learned ..... the state shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.'11. further, by the constitution (forty-second amendment) act, 1976, part-iv a, relating to fundamental duties of every citizen of india, has been inserted to the constitution of india. the relevant part of the same envisages .....

Nirmal Singh Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : 1987CriLJ1644

..... circumstance found against the appellant is that on 26th august, 1983, the appellant met his father-in-law, swaran singh (pw 1), at una and on inquiry by the latter, he betrayed his ignorance regarding the whereabouts of the deceased. this circumstance, in our view is quite innocuous and this is immaterial whether it is ..... now coming to the so-called extra judicial confession alleged to have been made by the appellant, we are again constrained to remark that the learned trial judge ignored the very basic principles and guidelines governing the proof of confession while jumping at his conclusion that the appellant had actually and voluntarily confessed his guilt ..... a version which is materially different from the original, as narrated in the first information report, the court, as a rule of prudence, is required to act with utmost care and circumspection in scrutinising the evidence and normally it should be reluctant to accept the prosecution evidence at its face value unless a satisfactory .....

Amar Nath Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : 1990CriLJ506

..... . i am not impressed by this submission of shri devinder gupta. in my opinion, order under section 452 of the code is passed on the termination of the inquiry, trial or proceedings before a court. it is passed consequent to the decision of the main case. for passing an order relating to the disposal of the case property ..... under section 397 of the code of criminal procedure, 1973 (hereinafter referred to as 'the code'), arises out of the order passed on 17-2-1989 by sessions judge kangra division, in criminal appeal no. 13 of 1988, thereby dismissing the appeal of the petitioner filed under section 454 of the code and thereby confirming the order of ..... state shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.'12. further, by the constitution (forty-second amendment) act, 1976, part iv a relating to fundamental duties of every citizen of india has been inserted to the constitution of india. the relevant part of the same envisages as .....

Mohammed Ali Vs. Himachal Road Transport Corporation and anr.

Court : Himachal Pradesh

Reported in : (2009)ILLJ105HP,2008(2)ShimLC240

..... ganayutham : (2000)iillj648sc , it was held as follows:31. the current position of proportionality in administrative law in england and india can be summarized as follows:(1) to judge the validity of any administrative order or statutory discretion, normally the wednesbury associated provincial picture houses ltd. v. wednesbuny corporation (1948) 1 kb 223, test is to be ..... of procedural provisions other than of a fundamental nature, the theory of substantial compliance would be available and in such cases objections on this score have to be judged on the touchstone of prejudice. the test would be, whether the delinquent officer had or did not have a fair hearing. in the case of russell v ..... after taking such evidence as it may think fit and shall act in the matter laid down in the rule (15) of ccs (cca) rules'. however, when a confessional statement is made before an inquiry officer under sub-rule (9) of rule 14 of the rules, the inquiry officer 'shall record a plea, sign and record and obtain .....

State of Himachal Pradesh Vs. Suresh Chand Katoch and Another

Court : Himachal Pradesh

..... proficient amar nath pw-16. he stated that though respondent chet ram was not known to him from before, he became acquainted with him during the course of preliminary inquiry. the evidence, thus, proves, beyond any pale of doubt, that specimen fingerprints on ex. pw-16/a, containing among others, right thumb impression marked-i ..... .1191, were non-existent and that an amount of `2,020/- shown to have been disbursed to them, had been criminally misappropriated. 3. on the basis of inquiry, case was registered. investigation revealed that besides the present two respondents, who got executed and supervised the work, referred to in the aforesaid muster roll, which is ex ..... dated 8th march, 2000 of learned special judge, whereby respondents suresh chand katoch and chet ram, who were charged with and tried for offences, under sections 465, 467, 471, 409 & 420, read with section 120-b of the indian penal code, and section 5(2) of the prevention of corruption act, 1947, have been acquitted. 2. .....

Court on Its Own Motion Vs. the Government of Himachal Pradesh Through ...

Court : Himachal Pradesh

..... was necessary for the investigating team to interrogate all those persons, who according to the petitioner and her family members are suspect. the investigating team has only made inquiries from few persons, who have seen the husband of the petitioner on 6.6.2011. we are not satisfied with the investigation carried out by the police ..... vs. delhi administration and anr. {1988 (supple.) scc 482} and maniyeri madhavan vs. sub-inspector of police and ors. {1994 (1) scc 536}]. a two judge bench of this court has by an order dated 10.3.1989, referred the question whether the high court can order the cbi to investigate a cognizable offence committed within ..... this court made an order on march 10, 1989 referring the question whether a court can order the cbi, an establishment under the delhi special police establishment act, to investigate a cognizable offence committed within a state without the consent of that state government or without any notification or order having been issued in that behalf .....