Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 section 5 powers of committee Court: himachal pradesh Page 3 of about 648 results (1.156 seconds)

State of H.P. and anr. Vs. Methi Devi and ors.

Court : Himachal Pradesh

..... regular first appeals filed by the appellant/state of h.p. under section 54 of the land acquisition act against the award, dated 5.8.2002, passed by the learned additional district judge, shimla in land reference nos. 39-s/4 of 1999, 40-s/4 of 1999, 41-s ..... was passed on 6.4.1998. according to the provisions of section 11 of the land acquisition act, 1894, the inquiry was required to be conducted by the collector and he was to announce the award accordingly. section 11-a of the said ..... act reads as under: 11a. period within which an award shall be made.- the collector shall make ..... a complete award including for fruit bearing trees. once that period was over when the reference petition was pending before the learned district judge, he had no jurisdiction to remand the case to the collector for determination of compensation for fruit bearing trees and, therefore, the .....

Bidhi Singh Vs. M.S. Mandyal and anr.

Court : Himachal Pradesh

Reported in : 1993CriLJ499

..... a cane blow to the subordinate. the court took the view that the action of the d.f.o. was not proper. but since he was making an inquiry from the subordinate in the purported exercise of official duties, the action attributed to him though in excess of his authority under a wrong notion about the extent of ..... he has also urged, in the alternative, that having regard to the circumstances of the present case this court should not interfere with the order of the additional sessions judge quashing the proceedings against shri mandyal.6. it has not been disputed before us that shri mandyal, while functioning as the sub-divisional judicial magistrate at palampur on july ..... such as to lie within the scope of his official duty. thus, a judge neither acts nor purports to act as a judge in receiving a bribe, though the judgment which he delivers may be such an act : nor does a government medical officer act or purports to act as a public servant in picking the pocket of patient whom he is examining, .....

H.P. Financial Corporation Vs. Himachal Shoddy Mills Ltd. and ors.

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 .....

Sunil Kumar Vs. State of H.P.

Court : Himachal Pradesh

Reported in : 2005CriLJ2512

..... girls who were dealt with by the accused in the manner as narrated by pw-3 and in-formed their parents. on inquiries made from those girls, it was found that the accused had been indulging in such acts with the girls as and when other teacher of the school was absent from the school due to leave etc. the ..... basis of the material so collected, a charge-sheet was submitted against the accused who came to be tried initially by the learned additional sessions judge (ii), dharamshala and later by the learned additional sessions judge (presiding officer, fast track court) on a charge under section 376 of the indian penal code.3. to prove the charge against the accused ..... m.r. verma, j.1. this appeal is directed against the judgment dated (sic) 9-2004 rendered by the learned presiding officer (additional sessions judge), east track court, kangra at dharamshala, whereby the appellant-accused (hereinafter referred to as the accused) has been convicted under sections 376/511 of the indian penal code .....

Smt. Kaushalya Devi Vs. Punjab Wakf Board and ors.

Court : Himachal Pradesh

..... for the controverted pleadings of the parties there was no material on record to show that the property in effect had been notified, after due inquiry as stipulated under sections 4 and 5 of the act. hence in the absence of any material the courts below could not have come to the conclusion that the suit of the plaintiff was not maintainable ..... ors. : air 1981 sc 1157; the board of muslim wakfs, rajasthan v. radha kishan and ors. : air 1979 sc 289; abdul rab shah khadri v. the court of the district judge, mandya and ors., air 1972 mys 96 (v 59 c 33); siraj-ul-haq khan and ors. v. the sunni central board of waqf u.p. and ors. : air 1959 ..... , h.p. in civil suit no. 387 of 1996, titled as smt. kaushlya devi and ors. v. punjab wakf board and anr., was assailed by the plaintiff before the district judge, kangra at dharmshala in terms of civil appeal no. 61-j/xxii 1998, titled as smt. kaushalya devi v. punjab wakf board and ors. the lower appellate court affirmed the .....

Rattan Das and ors. Vs. Darshan Dass and ors.

Court : Himachal Pradesh

Reported in : AIR1950HP15

..... the plaintiff was 22nd april 1920.'12. the judgment of shri chet bam, the learned judge, meant that the limitation expired before the punjab limitation (custom) act ever came into existence. or in other words, the right to sue vanished before the act came into existence or was applied to bashahr state. it was not till 1945 that the ..... determined. they are nothing of the kind, as has been pointed out times innumerable by the judicial committee. they are much more in the nature of fiscal inquiries instituted in the interest of the state for the purpose of ascertaining which of the several claimants for the occupation of certain denominations of immovable property may be put ..... council were disinclined to press the structure of the pleading too strictly if fair notice of the plaintiffs' case had been given and an issue had been joined on an inquiry but faintly adumbrated. again, in ghanendra roy v. praful kumar, a. i. r. (11) 1924 p. c. 200, (sic), their lordships observed,'where in the trial .....

Meenakshi Mehta Vs. Major Atul Mehta

Court : Himachal Pradesh

Reported in : AIR2000HP73,I(2000)DMC685

..... danger.' in dr. n.g. dastane v. mrs. dastane, air 1975 sc 1534 the supreme court critically examined the matrimonial ground of cruelty and observed that the inquiry in any case had to be whether the conduct charged as cruelty is of such a character as to cause in the mind of the petitioner a reasonable apprehension that ..... respondent filed rejoinder to the reply of the appellant thereby denying the grounds of defence in the reply and reaffirming the claim as in the petition.5. the learned trial judge led the parties to trial on the following issues:'1. whether the respondent treated the petitioner with cruelty, as alleged? opp. 2. if issue no. 1 is ..... action.13. against the aforesaid background, in a case under section 13 of the act. it has to be judged independently of the above definition of 'cruelty' as to whether the acts and conduct imputed to the opposite party in a petition under section 13 of the act amount to cruelty or not. therefore, the courts have in interpret, analyse and .....

Himachal Road Trans. Corpn. and ors. Vs. Om Prakash and ors.

Court : Himachal Pradesh

Reported in : 1992ACJ40

..... was responsible and also whether the motor accidents claims tribunal had jurisdiction to entertain such claims. the questions were answered in the affirmative by the learned single judge of the rajasthan high court when he said in para 8 of this judgment that:(8) ...the expression used in section 110-a is 'arising out ..... compensation. the tribunal rejected the contention raised by the insurance company and awarded the compensation. in appeal, the same objection was taken unsuccessfully and the two judges bench of karnataka high court observed that:we will first take up the appeal of the insurance company. the contention that the claim could not have been ..... could not be said that the accident occurred out of the use of the motor vehicle. answering this question, the learned judges of karnataka high court said that section 110 (1) of the motor vehicles act states that a state government may, by notification in the official gazette, constitute one or more motor accidents claims tribunals, .....

National Insurance Company Vs. the Bilaspur Gramudhyog Association and ...

Court : Himachal Pradesh

Reported in : 2008ACJ2058,2007(2)ShimLC489

..... road for a period of three months was entitled to that loss. the learned single judge has held as follows:initially under the provisions of the 1939 act no claim for compensation in respect of property damage alone were maintainable. thereafter, the act was amended and the damage to 3rd property loss could also be claimed under the provisions ..... my humble opinion is not covered under section 165 of the act.while taking this view i am strengthened by the fact that the tribunals constituted under the act are not fettered by the provisions of the evidence act. the tribunal is not required to have a detailed inquiry in the matter. after the introduction of the provisions of ..... section 163-a in the act the intention of the legislature is to make the mode of .....

Koti Darbar Vs. Ram Chand

Court : Himachal Pradesh

Reported in : 1950CriLJ160

..... before it.16. with regard to the first contention, i am of opinion that it is devoid of force. explanation to section 33 evidence act, makes it clear that a criminal trial or inquiry shall be deemed to be a proceeding between the prosecutor and; the ao-cused. the prosecutor in both the proceedings were owners whose articles were ..... that there is a presumption of innocence in favour of the accused, still further strengthened by his acquittal and that the trial court was in a better position to judge the credibility of the witnesses examined before it and therefore, great weight is to be attached to its view.12. bearing the above observations in mind, in an ..... and before reaching its conclusion upon fact, the high court should and will always give proper weight and consideration to such matters as (1) the views of the trial judge as to the credibility of the witnesses ; (2) the presumption of innocence in favour of the accused, a presumption certainly not weakened by the that that he has .....