Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 section 5 powers of committee Court: himachal pradesh Page 12 of about 648 results (0.103 seconds)

Ramesh Chand Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : 2002CriLJ3949

..... a correct record of the testimony of the witnesses. the section occurs in chapter xxv of the code, and deals with the mode of taking and recording evidence in inquiries and trials. to ensure a fair trial it is provided that the evidence shall be recorded in the presence of the accused, or where his presence is dispensed with ..... applied to the magisterial courts as well as to the sessions court and in substance are identical to section 276 of the new code, it was held as under :inquiries under ch. 12 are governed by section 356, criminal p.c. the magistrate is bound to record evidence in the manner prescribed by that section. it has been held ..... , my experience extending to about six such courts. optimaest legum interpres consuetudo.' i do not agree with this view, for the custom indicated by the learned judge cannot alter the plain words of the act. mr. morton's application was right, and if, as has been represented to us, that section is disregarded in practice, then i have no hesitation .....

Hem Lata Vs. Himachal Road Transport Corporation and anr.

Court : Himachal Pradesh

..... international dictionary defines the word 'reasonably' as 'in a reasonable manner: to a fairly sufficient extent'. thus, whether it was practicable to hold the inquiry or not must be judged in the context of whether it was reasonably practicable to do so. it is not a total or absolute impracticability which is required by clause (b ..... and appeal) rules, 1965. she has further contended that the respondent-corporation could not resort to section 25-f of the industrial disputes act, 1947 to dispense with the requirement of regular domestic inquiry. she lastly contended that the appeal has been rejected without a speaking order. 3. mr. adarsh sharma, advocate has supported the order ..... what in the then prevailing situation a reasonable man acting in a reasonable way would have done. the matte will have to be judged in the light of the then prevailing situation and not as if the disciplinary authority was deciding the question whether the inquiry should be dispensed with or not in the cool .....

Jat Ram Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : 1990CriLJ1213

..... had formed a committee for the verification of the works which were assigned to gram panchayat, pantehar, and he was member of that committee and they had conducted inquiries regarding the work executed by the said panchayat. he states that the committee verified the work executed and these verifications find mention in the proceedings maintained by the committee ..... the allegations set-up by the prosecution.7. shri tirlok nath mehta (p.w. 13) states that he worked as the secretary of the panchayat, pantehar, with effect from october 1968 to january, 1976. he testifies the signatures of the appellant on receipt no. 36 (ex. pw 1/a-58) and cash book (ex. p. 2) at ex. ..... of receipts and signatures on such documents. the investigation was followed by a challan in the court of special judge under section 409, 467 and 471 of the penal code and section 5(1)(c) of the prevention of corruption act. the appellant denied the same and claimed to be tried.5. the appellant in his examination under section .....

Gita Ram Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : 2002CriLJ3832

..... shantha to attend a local fair. prosecutrix remained behind in the 'dogri'. at about 6.30 a.m. appellant came to the aforesaid 'dogri' and made inquiry from the prosecutrix about the whereabouts of her husband. she told the appellant that her husband had gone to village shantha to see the fair. the appellant then caught ..... appellant examined relu ram (dw 1) and mangat ram (dw 2) in his defence.9. on consideration of the entire material on record, the learned sessions judge found the appellant guilty of the commission of offence under section 376, ipc and accordingly convicted and sentenced him as aforesaid. the appellant has challenged his conviction and ..... an impression on our minds that she is a reliable and truthful witness. her testimony suffers from no infirmity or blemish whatsoever., we have no hesitation in acting upon her testimony alone without looking for any corroboration. however, in this case there is ample corroboration available on the record to lend further credence to the .....

Kalyan Singh Vs. Baldev Singh and anr.

Court : Himachal Pradesh

Reported in : AIR1961HP2

..... .19. it has also been argued on behalf of the petitioner that as by sub-section (1) of section 19 of the territorial councils act an order of the court of the district judge on an election petition has been declared to be final and conclusive, a high court in the exercise of jurisdiction under articles 226 and 227 ..... certiorari if the court held that there was no evidence in support of it and that it could not reasonably have been founded on the material before the inquiry tribunal. 9. in the instant case, it could not be said that there was no evidence whatsoever in support of the finding of fact recorded by the learned ..... it was next contended on behalf of the petitioner that the officer contemplated by the aforesaid provision of the civil procedure code was a ministerial officer appointed by the district judge, and the senior subordinate judge, nahan, not being such an officer, the power to receive plaints etc. could not have been delegated to him. the aforesaid construction, i am afraid, .....

Hans Raj Dhir Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Reported in : 1985CriLJ1030

..... action under section 27 of the orissa hindu religious endowments act, 1952 (hereinafter referred to as 'the act') and appointed an interim trustee of the deities. the person affected lodged objections under section 41 of the act but the objections were rejected without holding any inquiry. against the said decision, the objector filed a revision ..... before the commissioner of hindu religious endowments, who was a member of the superior judicial service of the state and was at one time an officiating district judge. while the revision ..... application was pending before the commissioner, the high court of orissa, in a different case which was pending before it, held that the assistant commissioner had no power to appoint an interim trustee under section 27 of the act until he had held an inquiry under section .....

Jagat Ram Vs. Himachal Khadi Mandal

Court : Himachal Pradesh

Reported in : (1997)IIILLJ866HP

..... with the duties of board. section 14 provides that a court shall ordinarily decide the matter referred to it within six months of the commencement of the inquiry. section 15 directs that the labour court, tribunal or national tribunal shall decide the industrial dispute referred to it expeditiously and within the period specified in ..... this court by virtue of the present second appeal. it is contended that in arriving at the conclusion that civil court had no jurisdiction, the learned district judge has misconstrued the law. the questions whether the plaintiff was a workman and whether the defendant is an industry - were questions of fact which required determination ..... dispute' within the meaning of section 2 (k) of the act. the machinery provided by the act for resolution of such dispute would, therefore, apply and civil court would have no jurisdiction.23. a similar question also came up for consideration before a learned single judge of this court in himachal khadi mandal and anr. v. om .....

Kewal Gupta Vs. the State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : 1991CriLJ400

..... to reproduce section 311 of the code of criminal procedure :'311. power to summon material witness, or examine person present.-- any court may, at any stage of any inquiry, trial or other proceeding under this code summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and ..... the trial court for allowing it to examine these persons as prosecution witnesses. this prayer was contested by the petitioner. however, after hearing the parties, the trial judge allowed the prayer of the prosecution by the impugned order. the petitioner has a serious grievance against the same and assails it by this petition.3. shri vijay ..... the trial court should have exercised this power after seeking corroboration of the statement of rakesh kumar (p.w. 1). having failed to act in this manner, it is contended that the trial court acted in hot-haste in allowing this application which could otherwise be done, if so thought fit by the court, at a later stage. .....

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

Court : Himachal Pradesh

Reported in : 2009(2)ShimLC260

..... specimen writings and signatures of respondent no. 1 khoob ram and he accepted this request of the police. 9. it is well settled by a judgment of eleven-judge bench of the hon'ble supreme court that an accused person can be called upon to give his specimen signatures/writings during investigation and this would not amount to ..... 22nd may, 1989, and pw-12/a, dated 20th february, 1991. these facts came to light when deputy commissioner, solan, was holding some inquiry, under section 118 of the h.p. tenancy and land reforms act, against respondent no. 2 subash bhalla. he wrote to deputy commissioner, kullu, to look into the matter. deputy commissioner, kullu, asked sub divisional ..... the admitted writings and specimen writings were not admissible as piece of evidence. also, it has been observed by the learned trial court that original jamabandi, for the year 1968-69, having not been proved, it could not be said that the contents of ex. pw-7/a were false. 6. i have heard the learned assistant .....

Dharam Pal and anr. Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : 2009(2)ShimLC208

..... road, at about 9.30 p.m. van hp-02-3969 came, it was signaled to stop. there were two persons inside the van including the driver. on inquiry, the driver disclosed his name dharam pal and other person daber singh. the van was searched and four boxes of liquor were recovered from the van. the two ..... on record some documents. the statements of petitioners were recorded under section 313 cr.p.c., they denied the prosecution case. the petitioners were convicted, the learned additional sessions judge affirmed the conviction and sentence of the petitioners, as noticed above, hence this revision.3. i have heard mr. g.r. palsra, advocate, learned counsel for the ..... applicable to the state of himachal pradesh (for short 'act') and were directed to undergo simple imprisonment for six months and to pay fine of rs. 1000/- each and in default to undergo simple imprisonment for one month. the learned additional sessions judge, mandi in criminal appeal no. 23 of 1998 on 23.12.2002 affirmed the conviction .....