Judgment Search Results Home > Cases Phrase: merchant shipping amendment act 2007 section 4 amendment of section 31 Sorted by: recent Court: himachal pradesh Page 1 of about 154 results (0.076 seconds)

Maharaja Lakshman Sen Memorial College and Others Vs. State of H.P. an ...

Court : Himachal Pradesh

..... withdrawn, nor it is a case where unilateral decision has been taken. instead, it appears to us that the provisions of rules of 2008 read with (2nd amendment) rules, 2009 postulate progressive withdrawal of benefit of grant-in-aid to the respective colleges so that the available funds, can be redistributed equitably to support other ..... etc. can also be taken into consideration while framing the norms. it is obvious that in case such norms are framed, then the rules will require certain amendments and the colleges may not get (complete) 95% grant-in-aid because of the equitable distribution involved. it is clarified that the various suggestions and guidelines ..... legislation nor any executive instructions can override the provisions of the said act of 1994. it is submitted that the subordinate legislation must be in consonance with the principal statute hence, it is ultra vires. further, the impugned rules of 2008 as amended in 2009 are violative of article 14 of the constitution of india .....

Chander Mohan Negi and Others Vs. State of Himachal Pradesh Through Se ...

Court : Himachal Pradesh

..... in one part of india open to citizens in all other parts of india. the third clause then makes an exception. this clause was amended by the constitution (seventh amendment) act, 1956. for the original words of the clause under any state specified in the first schedule or any local or other authority within its ..... territory any requirement as to residence within that state', the present words from 'under the government' to 'union territory' have been substituted. nothing turns upon the amendment which seeks ..... the constituent assembly was thinking of residence in districts, taluqas, cities towns or villages. the fact that this clause is an exception and came as an amendment must dictate that a narrow construction upon the exception should be placed as indeed the debates in the constituent assembly also seem to indicate. we accordingly .....

Bhandaru Ram (Deceased) Through His Lr Rattan Lal Vs. Sukh Ram and Oth ...

Court : Himachal Pradesh

..... scc 255, wherein it has been held as follows: 58. as a matter of fact, these words assumed great significance under section 60 of transfer of property act. the section was amended by act 20 of 1929. the word due in the section has been substituted for the word payable in order to make it clear that a mortgagor cannot redeem ..... mortgage which has not fixed any such period. 13. in this context, it is significant to note that the opening words of section 60 of the transfer of property act, were amended in the year 1929 and the word payable was substituted by due. in other words prior to 1929, the right of mortgagor to redeem the mortgage was available ..... when the right to redeem or to recover the possession accrues and to the mortgagee for foreclosure, when the money secured by the mortgage becomes due. the impact of the amendment by substitution of the word due in place of payable has been considered by the supreme court in the raymond synthetic ltd. and others vrs. union of india .....

Bhandaru Ram (Deceased) Through His Lr, Rattan Lal Vs. Sukh Ram and Ot ...

Court : Himachal Pradesh

..... scc 255, wherein it has been held as follows: 58. as a matter of fact, these words assumed great significance under section 60 of transfer of property act. the section was amended by act 20 of 1929. the word due in the section has been substituted for the word payable in order to make it clear that a mortgagor cannot redeem ..... mortgage which has not fixed any such period. 13. in this context, it is significant to note that the opening words of section 60 of the transfer of property act, were amended in the year 1929 and the word payable was substituted by due. in other words prior to 1929, the right of mortgagor to redeem the mortgage was available ..... when the right to redeem or to recover the possession accrues and to the mortgagee for foreclosure, when the money secured by the mortgage becomes due. the impact of the amendment by substitution of the word due in place of payable has been considered by the supreme court in the raymond synthetic ltd. and others v. union of india .....

Devinder Singh Vs. Deputy Commissioner and ors.

Court : Himachal Pradesh

Reported in : AIR2010HP33

..... no separate affidavit as required under order vi, rule 15(4), a separate affidavit in support of the pleadings, as required by the amendment introduced with effect from 1st july, 2002 by the amendment act no. 46 of 1999. that certainly is a curable defect, in view of well settled position referred to above.31. the learned single ..... by the supreme court in mahindra and mahindra ltd. v. union of india : (1979) 2 scc 529 : air 1979 sc 798. hence the contention that the amendment to cpc introduced with effect from 1st july, 2002 as per rule 15(4) in order vi providing for an affidavit apart from verification does not apply to the ..... the rules') provides for procedure of presentation of the election petition. they read as follows:94. presentation of petition.--(1) the election petition under section 163 of the act shall be presented to the authorized officer under whose territorial jurisdiction the gram panchayats, panchayat samiti or zila parishad, as the case may be situated.(2) the election .....

Kummo Devi Vs. Jai Pal

Court : Himachal Pradesh

Reported in : AIR2010HP39

..... may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized on or after the commencement of the marriage laws (amendment) act, 1976 (69 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to ..... not in agreement with the view taken by the high court of karnataka for the simple reason that original petition, in an appeal filed before this court, can be amended, entertained and a decree for divorce can be passed, particularly, when the marriage between the parties already stood dissolved. the division bench of high court of punjab ..... between the parties already stood dissolved by a decree of divorce, prayer for dissolving the marriage by a decree under the provisions of section 13-b of the act can be accepted by the court and the original decree modified to dissolve the marriage by mutual consent. in these circumstances the requirement of moving motions twice, is .....

Sh. Jagdish Chand Sharma Vs. Sh. Bachan Singh and ors.

Court : Himachal Pradesh

..... the apex court has held that the insurance company is not liable in respect of death of gratuitous or unauthorized passengers. in fact, till the amendment of section 147 of the act was carried out by the amendment act 54 of 1994 w.e.f. 14.11.1994, the apex court had held that even the risk to the owner of the goods or ..... of or bodily injury to any person or damage to any property of a third party caused by or arising out of the use of the vehicle. this section was amended vide act 54 of 1994 w.e.f. 14.11.1994. injury to the owner of the goods or his authorized representative carried in a goods vehicle was covered under the ..... . if all these authorities of the apex court were taken into consideration, it is obvious that gratuitous passengers, unauthorized passengers, even employees not covered under the workmen's compensation act and pillion riders who were all travelling in a vehicle have not been considered to be third parties. it is, therefore, obvious that the apex court has not upheld the .....

Naveen Sood Vs. the Narcotic Central Bureau

Court : Himachal Pradesh

..... board. the remedy cannot be worse than the disease itself. the legitimacy of judicial process may come under cloud if the court is seen to condone acts of lawlessness conducted by the investigating agency during search operations and may also undermine respect for law and may have the effect of unconscionably compromising the administration ..... in state of punjab v. baldev singh : (1999) 3 scc 977, wherein it was held:28. this court cannot overlook the context in which the ndps act operates and particularly the factor of widespread illiteracy among persons subject to investigation for drug offences. it must be borne in mind that severer the punishment, greater has ..... (ncb) while supporting the conviction and sentence passed by the learned trial court, submitted that the statement of the accused, recorded under section 67 of the act is admissible in evidence and is not violative of article 20 (3) of the constitution. he further argued that the independent witnesses could not be included, .....

Sunil and ors. Vs. State

Court : Himachal Pradesh

..... was the percentage of tetrahydrocannabinol in the samples. specific category of a cannabis product, like charas, ganja, or mixture, as defined in section 2(iii) of the act, or anything else, like bhang etc., can also be determined, with reference to the percentage of tetrahydrocannabinol in the stuff. as noticed hereinabove, percentage of tetrahydrocannabinol varies ..... are found not only in the charas, which means separated resin of cannabis plant but also in ganja, as defined in section 2(iii)(b) of the act and even in the leaves, seeds and stems of cannabis plant. we have observed so, on the basis of authoritative literature.22. in the new encyclopaedia britannica ..... and hashish. that means 'marijuana' includes not only charas, ganja and mixture, as defined in clauses (a), (b) & (c) of section 2(iii) of the act, respectively, but also dried leaves and other parts of cannabis plant.20. from a reading of the statements of dr. r.s. verma, director of central forensic science laboratory .....

Commissioner of Income Tax Vs. Satluj Jal Vidyut Nigam Ltd.

Court : Himachal Pradesh

..... of punjab and ors. v. bhatinda district cooperative milk producers union ltd. 2007 (11) scc 363. that case arose out of proceedings under the sales tax act. the act provides for a revision. no limitation is prescribed for exercise of the revisional powers. the apex court held that even if no statutory period of limitation is provided, ..... made hereinbefore, must be found out from the statutory scheme. as indicated hereinbefore, maximum period of limitation provided for in sub-section (6) of section 11 of the act is five years.7. a division bench of the delhi high court in commissioner of income tax v. nhk japan broadcasting corporation : 2008 (305) itr 137 taking ..... of limitation is prescribed, the statutory power must be exercised within a reasonable period. this reasonable period taking into consideration the various provisions of the income tax act has been held to be four years in a number of cases. we see no reason to extend this period any further. consequently, the question is answered .....