Court : Himachal Pradesh
Reported in : 2008CriLJ1350
..... of rape, in the police station, had been made.37. if the aforesaid allegations against the then superintendent of police are true, they not only constitute an act of dereliction of duty on his part for which he may be liable to be proceeded against departmentally, but also certain offences punishable under the penal laws of land ..... he declined her request for medical examination saying that she being already married, what help the result of medical examination could be of. he also committed an act of dereliction of duty by not taking any action on her oral complaint and adopting delaying tactics by keeping the prosecutrix waiting outside his office up to 5.00 ..... the accused. the immediate disclosure of the incident by the prosecutrix to her mother is relevant and admissible as res-gestae, under section 6 of the evidence act.25. the learned counsel for the accused has submitted that the allegations against the accused for commission of the offence on 19-9-1994 are highly improbable inasmuch .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(3)ShimLC265
..... he was retrenched with effect from 1st january, 2000. he raised demand vide notice dated 30th september, 2000. thereafter the procedure as prescribed under the industrial disputes act, 1947 had been gone into and it was only on the failure of the conciliation-proceedings that the reference has been made by the state in the year 2002 ..... demand notice under section 2-a of the industrial disputes act, 1947 to the executive engineer, irrigation arid public health division no. 1, una on 30.9.2000. it appears that after the failure of the conciliation ..... the executive engineer, irrigation and public health, division no. 1-, una, district una, w.e.f. 31.1.99 without complying the provisions of the industrial disputes act, 1947, is proper and justified? if not, what relief of service benefits and amount of compensation shri hussan chand workman is entitled to?3. the workman had issued .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(3)ShimLC435
..... and state in general from reducing the area of cultivable land for the purpose of stamp duty and registration fee under section 47-a indian stamps (himachal amendment) act, 1988 and the deficient amount if any be recovered from the respondent company. the amount so assessed above was recoverable on the date of registration, therefore ..... relation to the cogenerating power plants.unlike an ordinary estoppel, promissory estoppel gives rise to a cause of action. it indisputably creates a right. it also acts on equity. however, its application against constitutional or statutory provisions is impermissible in law. this aspect of the matter has been considered in state of bihar ..... v. union of india and ors. : (1978)illj406sc , wherein the learned judge in his concurrent judgment while striking down the life insurance corporation (modification of settlement) act, 1976, opined: (scc p. 87, para 34)34. furthermore, i think that the principle laid down by this court in union of india v. indo-afghan .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(3)ShimLC262
..... in appeal in this court against judgment dated 7.7.2001.3. the learned counsel for the appellant has submitted that after conclusion of the arguments the amendment application was filed before the lower appellate court and therefore, the application was not maintainable. he has submitted that the lower appellate court has ordered open ..... prejudice to the respondent-defendant. the court has jurisdiction to rehear the appeal, if so required, therefore, no fault can be found with the consideration of amendment application along with hearing of appeal by lower appellate court on 6.7.2001 and, the contention of learned counsel for the appellant-defendant that application was ..... remand. the basis and reasons for retrial are to be recorded in the judgment of remand. therefore, while upholding the impugned judgment to the extent allowing amendment application, the remaining judgment dated 7.7.2001 remanding the case to trial court is set aside with a direction to the district judge to decide the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(3)ShimLC49
..... workmen's entitlement and then proceed to compare the benefit so adjudicated on that basis in exercise of its power under section 33-c(2) of the act. it is only when the entitlement has been earlier adjudicated or recognised by the employer and thereafter for the purpose of implementation or enforcement thereof some ambiguity ..... workmen's entitlement and then proceed to compute the benefit so adjudicated on that basis in exercise of its power under section 33-c(2) of the act. it is only when the entitlement has been earlier adjudicated or recognized by the employer and thereafter for the purpose of implementation or enforcement thereof some ambiguity ..... primarily taken two pleas, firstly that the labour court had no jurisdiction to adjudicate upon the application preferred under section 33-c(2) of the industrial disputes act, 1947 since the amount was not pre-adjudicated upon either by way of award/agreement/settlement and secondly on the ground that respondent was engaged as a contractor .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2008HP4
..... . state of bombay : [1955]1scr799 ; deep chand v. state of u.p.(sic)). although the central act does no expressly amend or repeal the, state act but the effect of the non obstante clause in sub-section (1) of section 10-a which gives overriding effect to the provisions of section 10-a over anything ..... no avail because the repugnancy is with the central act which was enacted by parliament after the enactment of the state act. in view of the proviso to sub article (2) of article 254 parliament could add to, amend, vary or repeal the state act. in exercise of this power parliament could repeal the state act either expressly or by implication. (see : zaverbhai amaidas v .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2008CriLJ516
..... /- per kilogram. therefore, the 'contradiction' becomes meaningless.11. it was argued that the statement, under section 67, is hit by section 24 of the indian evidence act and article 20(3) of the constitution of india. the argument is not supported by the material on record. a confession is irrelevant, under section 24 of the indian ..... cannot be accepted for the simple reason that the courts are supposed to go by the definition of 'charas' as given in the narcotic drugs and psychotropic substances act. as per definition given in section 2(iii)(a), charas is separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also ..... parcel. all the parcels were sealed with the seal of the narcotic control bureau. thereafter, a notice, under section 67 of the narcotic drugs and psychotropic substances act, was served upon the appellant and he was thereafter questioned as to the source of the recovered charas and where he was carrying it. he made statement that .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(2008)BC536
..... for appropriate directions to the official liquidator who is the pari passu charge-holder on behalf of the workmen. in any event, the official liquidator cannot act without seeking directions from the company court and under its supervision.21. this matter again came up for consideration before the apex court in rajasthan state ..... of such assets by itself without obtaining prior leave of company court. corporation also not entitled to take action under section 29 of state financial corporation act or adopt proceedings before district court for sale of securities under section 31 thereof, without obtaining prior leave of winding up court. it was held that ..... of passing of winding up order and appointment of official liquidator. state financial corporation as secured creditor may thereafter invoke its powers under state financial corporation act only with prior leave of company court, subject to pari passu charge of workmen. it was held that state financial corporation was not entitled to .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [2008]87SCL138(HP),2007(3)ShimLC15
..... bank and the following order was passed:upon the petition of the petitioner-company above named, praying condonation of delay and extension of time under section 141 of the companies act, 1956, which was placed before this bench for final disposal pursuant to the company law board regulation, 1991, called upon for hearing and final disposal by this bench on 5 ..... bank since the company was not getting the charge registered it approached the company law board for registration of the charge in terms of section 134 of the act. section 134 of the act reads as follows:134. duty of company as regards registration and right of interested party.- (1) it shall be the duty of a company to file with the ..... created a charge on his properties as per the agreement entered into with the bank. it was a duty of the appellant-company in terms of section 125 of the act to get the charge registered with the registrar of companies. non-registration of a charge is an offence punishable under section 142 of the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(3)ShimLC134
..... for possessing 'charas' and the 'charas', as per definition contained in sub-clause (a) of clause (iii) of section 2 of the narcotic drugs and psychotropic substances act, means resin, in whatever form, whether crude or purified, obtained from cannabis plant and also includes concentrated preparation known as hashish oil or liquid hashish. it has been submitted ..... the money that will not make their testimony incredible. the testimony of a witness does not become unworthy of credence simply for the reason that he has committed an act, which is an offence or which is immoral. hence, the first limb of the argument of the learned counsel for the appellant is rejected.12. dwelling on ..... contained resin to the extent of 34.08 per cent.3. trial court charged the appellant with an offence under section 20 of the narcotic drugs & psychotropic substances act and on his pleading not guilty, put him on trial. during the course of trial, prosecution examined gurdial singh as pw-1, bhag chand, hhc as pw-2 .....
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