Judgment Search Results Home > Cases Phrase: judges inquiry act 1968 section 5 powers of committee Sorted by: old Court: himachal pradesh Page 8 of about 648 results (0.043 seconds)

Gopal Chauhan Vs. Smt. Satya and anr.

Court : Himachal Pradesh

Reported in : 1979CriLJ446

..... section, if a complaint is required to be dismissed, if after considering the statements on oath of the complainant and of the witnesses and the result of the inquiry or investigation under section 202 of the code the magistrate is of opinion that there is no sufficient ground for proceeding, the magistrate must record his reasons.thus ..... that no case has been made out, under the second sub-section the discharge is on the ground that the charge against the accused is groundless. the learned judge has further clarified that to say that no case is made out is not the same thing as saying that the charge is groundless. the first sub-section ..... ground for proceeding.this opinion is obviously a judicial opinion which rules out any caprice or whim. the question, however, is whether for evidencing that the magistrate has acted on the formation of a judicial opinion, it is necessary for him to appreciate the allegations and evidence and to record reasons before issuing the process under section .....

H.P. Road Transport Corporation Vs. Pt. Jai Ram and Etc. Etc.

Court : Himachal Pradesh

Reported in : AIR1980HP16

..... these cases.4. we have found that in these and other appeals arising out of the claims settled under section 110 of the motor vehicles act read with the fatal accidents act, the learned judges of the different tribunals functioning in the state are not taking a consistent view and are not adopting a consistent method of assessing compensation in cases ..... roadways, ambala (1971 acj 247) (fb) and in triloki nath bhargava v. jaswant kaur (1975 acj 259). the high court ofmadhya pradesh in manjula devi bhutta v. manjusri raha (1968 acj 1), high court of assam in phoenix assurance co. ltd. v. kalpana rajput (1974 acj 470). high court of orissa in madhusudan rai v. smt. basanti kumari devi ( ..... does not in terms confer a right of appeal.'this very view has been reiterated by the supreme court in collector. varanasi v. gauri shanker misra reported in air 1968 sc 384.38. in view of the above decisions of the supreme court it is obvious that if it is found that cross-objections contemplated by o. 41, .....

Court on Its Own Motion Vs. R.K. Garg

Court : Himachal Pradesh

Reported in : 1981CriLJ239

..... , the administration of justice in any other manner;12. what is punishable under section 228 is intentional insult or interruption but not contempt of court. if the act complained of in addition to insulting a judge also, scandalises the court or lowers the authority of court, it can be punished as criminal contempt. section 228 gives the remedy to an aggrieved ..... tried that day. this could not be served and so the proceedings came to an end.3. the judge made a reference to this court under sub-section (2) of section 15 of the contempt of courts act, 1971 (referred to as the act). we decided to take action and duly issued notice to the respondent along with a copy of the ..... reference.4. the respondent does not deny hurling his shoe at the judge. but he pleads provocation and, if we may put it in our .....

Karam Chand Vs. Sohan Singh Kawatra

Court : Himachal Pradesh

Reported in : AIR1981HP43

..... time he has allowed the tenant to lead evidence to prove that the premises in dispute are non-residential as defined in act no, 23 of 1978 without allowing a formal amendment. the learned judge has nowhere held that such an amendment cannot be allowed. the present application for amendment has been filed without any delay ..... it was further contended that according to original definition of section 2 (d) the premises in dispute would have been residential but by the amendment of the act (act no. 23 of 1978) 1be premises in dispute come within the definition of 'non-residential premises'. the learned counsel also contended that even in the original written ..... 10th may, 1978. a written reply had been filed by the tenant-petitioner on 25th february, 1977. 6. after the amendment of section 2 (d) of the act, the tenant-petitioner filed an application for amendment on 11th september, 1978, and by this amendment application, the tenant-petitioner wanted to take the following preliminary objections : .....

The State of Himachal Pradesh Vs. Daulat Ram Attri

Court : Himachal Pradesh

Reported in : AIR1981HP71

..... of the appeals.11. the state has filed an affidavit of shri g. s. dod, assistant conservator of forests. legal cell, simla, who had gone to nahan to make inquiries from the office of the deputy commissioner, nahan, about the alleged letter dated 5/fith september, 1980 (annexure e in r.f.a. no. 456 of 1980). this letter ..... is that he paid no attention to the fact that the sale in question was executed after notification under section 4 (1) of the act had been issued. the judgment reveals that the learned judge was under the impression that as long as an instance of sale relates to a period before the award is announced, it is relevant. ..... pressed the following issue :'whether the acquired property has been assessed adequately and compensation awarded is low ?'6. after recording the evidence produced by the parties, the district judge proceeded to treat the whole of the acquired lands as obar aval and enhanced the compensation to rs. 10,000/- per bigha. the state has challenged the award by .....

Tilak Raj Vs. Dinesh Kumar and ors.

Court : Himachal Pradesh

Reported in : AIR1982HP62

..... p. m. till further orders. the petitioner aggrieved by the order of the learned trial court, preferred an appeal in the court of the learned district judge, the learned district judge, however, dismissed the appeal by an order dated 23rd april, 1980. the petitioner has ultimately preferred this revision petition in this court.5. it is ..... a receiver. the learned counsel has also drawn my attention to another decision in jadu prasanna bhattacharjee v. government of union territory of tripura agartala (air 1968 tripura 52). this decision related to the management of a co-operative society. there was dispute between the members of the board of directors regarding the ..... exercise of the re-visional powers, this court would not lightly reverse the decision of the courts below unless it is proved that the courts below have acted without jurisdiction or have exercised jurisdiction illegally or with material irregularity. it is also contended that the order, if allowed to stand, would not occasion a .....

Bhawani Parshad Kapur Vs. the Himachal Pradesh Financial Corporation

Court : Himachal Pradesh

..... the entire outstanding amount along with interest. the appellant having failed to comply with the notice, the respondent corporation approached the court of the district judge under section 31 of the act with the prayer that an order for the sale of the mortgaged property (contd. on col. 2) be passed and from the sale proceeds ..... could directly influence the findings of the court on the above points. the parties may raise various pleas before the district judge in the proceedings initiated under section 31 of the act, but the district judge is required to investigate and adjudicate only such of them as are relevant from the purpose of determining claim of the financial ..... to recall the entire amount of loan at once and the respondent. corporation having once exercised that right, the jurisdiction of the district judge under sections 31 and 32 of the act was very limited and he had only to investigate the claim of the respondent corporation which was only to the effect that the appellant .....

State of Himachal Pradesh Vs. Madho Ram and ors.

Court : Himachal Pradesh

Reported in : 1983CriLJ65

..... sub-section. even section 323 of the present code gives a right to a magistrate to commit a case to the court of session. it reads:if, in any inquiry into an offence or a trial before a magistrate, it appears to him at any stage of the proceedings before signing judgment that the case is one which ought to ..... first case should be completely heard and the decision reserved. thereafter the second case should be heard. the judgment in both the cases should be pronounced simultaneously. however, the judge should keep in view the fact that the evidence recorded in one case cannot be used in the other case. in other words, the decision in each case must be ..... circumstances may be that out of the same incident ah accused may have committed an offence, say, under section 302 of the penal code and another offence under the arms act. now, the first offence is exclusively triable by the court of session whereas the second offence can be tried by the magistrate. the magistrate may commit the second case .....

Swamy Bhandari and Etc. Vs. Smt. Shila Sharma

Court : Himachal Pradesh

..... sending for the records of the case from the controller and after giving the parties an opportunity of being heard and, if necessary, after making such further inquiry as it thinks fit either personally or through the controller. (4) the decision of the appellate authority and subject only to such decision, an order of ..... the - tenants. three separate applications for the eviction of the petitioners were filed by the respondent, under section 14 of the himachal pradesh urban rent control act (hereinafter called the act) and one of the grounds for eviction was the nonpayment of rent.3. the eviction applications were contested by the tenants (petitioners). the rent controller, simla ..... v. delhi cloth & general mills, (air 1977 sc 1986) the hon'ble judges of the supreme court were considering the provisions of sections 14 and 15 of the delhi rent control act. it may be mentioned that under the delhi rent control act the statute has provided a period of one month for depositing the rent. in .....

Chuhroo Ram Vs. the State

Court : Himachal Pradesh

Reported in : AIR1984HP61

..... applicant is justified in sending it by post. therefore, the date of posting should be taken as the date of making the application. i find that a learned single judge of the madras high court in ranganathan v. revenue divisional officer, pattukottai, air 1972 mad 7, took a similar view. in that case it was observed (para 4 ..... v. jiwan singh, 1981 sim lj 43, observed ;'it is now well settled that the collector while holding an inquiry to find out the market value of the property acquired does not act as a judicial officer. he only acts administratively. his award only amounts to an offer. except the government no one is bound by it. in case the ..... revision is directed against the order of the land acquisition collector. beas dam project, talwara, rejecting the petitioner's application under section 18 of the land acquisition act (referred to as the act) claiming a reference to this court.2. the facts, in brief, are these petitioner's land was acquired for the construction of pong dam. an award .....