Court : Himachal Pradesh
Reported in : 2008(1)ShimLC288
..... government on the recommendation and advice of the university grants commission declared the regional engineering college, hamirpur to be the national institute of technology and it was to be treated as a deemed university in terms of section 3 of the university grants commission act. ..... the relevant portion of this letter reads as follows:every person (including the director earlier principal) employed by the regional engineering college/hamirpur immediately before conversion shall hold office or service in the national institute of technology, hamirpur by the same tenure, at the same remuneration and upon the same terms and conditions and with same rights and privileges as to pension, leave, gratuity, provident fund and other ..... by the ministry of human resources development to the director, national institute of technology, hamirpur on 13th june, 2007, that is, after the present petition had been filed. ..... before the board of governors in its meeting on 12.5.2007 and the agenda item supported the case of the petitioners ..... decision which is identical in both the cases:the board discussed the matter at length and desired that the decision contained in letter no.f.7-9/2006.ts.iii dated 11th may, 2007 be complied with and official be superannuated at the 58 years of age.7. ..... .on behalf of the respondents it is urged that the decision of the board of governors taken on 12.5.2007 is final. ..... be superannuated at the age of 58 years in view of the decision contained in letter dated 11th may, 2007. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2008(3)ShimLC337
..... established or incorporated by any central act;(iv) any institute incorporated by the institutes of technology act, 1961 (59 of 1961);(v) any board of trustees constituted under the major port trusts act, 1963 (38 of 1963);(vi) the bhakra management board constituted under section 79 of the punjab reorganization act, 1966 (31 of 1966), and that board as and when re-named as the bhakra-beas management board under sub-section (6) of section 80 of the act;(vii) any state government or the government of any union territory situated in the national capital territory of delhi or in any ..... while taking this view, it referred, to the definition of section 2(e) of 'public premises act', which reads as under:2(e) 'public premises' means:(1) any premises belonging to, or taken on lease or requisitioned by, or on behalf of, the central government, and includes any such premises which have been placed by the government, whether before or after the commencement of the public premises (eviction of unauthorized occupants) amendment act, 1980 (61 of 1980), under the control of the secretariat of either house of parliament for providing residential accommodation ..... 2as already stated above, learned appellate authority has held that the 'suit premises' fell within the definition of 'public premises', as defined under section 2(e) of the 'public premises' act, therefore, 'rent act' would not apply for the eviction of the respondent-bank. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(1)ShimLC116
..... not less than fifty one percent of the paid-up share capital is held by the central government or any company which is a subsidiary (within the meaning of the act) of the first mentioned company,(ii) any corporation (not being a company as defined in section 3 of the companies act, 1956 (i of 1956), or a local authority established by or under a central act and owned or controlled by the central government,(iii) any university established or incorporated by any central act,(iv) any institute incorporated by the institutes of technology act. ..... trustees constituted under the major port trusts act, 1963 (38 of 1963),(vi) the bhakra management board constituted under section 79 of the punjab re-organisation act, 1966 (31 of 1966) and that board as and when renamed as the bhakra-beas management board under sub-section (6) of section 80 of that act, and....a look at the aforesaid definition as occurring in the central act and its comparison with the definition in the h.p. ..... national ..... the underlying policy seeking eviction of unauthorized occupants under either of these two acts.any property, therefore, which does not belong to the state government (applying himachal pradesh act) or to the central government (applying central act) or any municipal corporation, municipal committee, notified area committee, a panchayat samiti, panchayat or improvement trust, amongst other institutions mentioned in section 2(e) of the state act cannot at all be termed to be falling in the class of 'public .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2009HP73
..... that legal and disciplinary procedures should be properly founded on firm, moral and scientific grounds; (ii) that patients will be better served if the real causes of harm are properly identified and appropriately acted upon; and (iii) that many incidents involve a contribution from more than one person, and the tendency is to blame the last identifiable element in the chain of causation, the person holding ..... director, national heart institute : (2004) 8 scc 56 : air 2004 sc 5088 has held that once a claim petition is filed and the complainant has sufficiently discharged the initial burden that the doctor was ..... medical opinion may differ with regard to the course of action to be taken by a doctor treating a patient, but as long as a doctor acts in a manner which is acceptable to the medical profession and the court finds that he has attended on the patient with due care, skill and diligence and if the patient ..... the benefit of section 14 of the limitation act cannot be extended as the plaintiff had not filed ..... in 'the essentials of contraceptive technology', written by four doctors and published by center for communication programs, the johns hopkins school of public health in july, ..... the definition of negligence as given in law of torts, ratanlal ..... decided on 19th october, 2007 has held that negligence is the breach of a duty caused by omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs would do, .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2008(2)ShimLC298
..... the state government will set up a committee consisting of a representative each of the state finance department and state directorate of industries and if the industrial unit is to be assisted by a financial institution, the representative of the financial institution concerned, which would go into each case to decide whether it should qualify for the grant of subsidy and also about the quantum of subsidy.4. ..... of the state government under article i62 of the constitution extends to all matters with respect to which the state legislature has power to make laws and accordingly the state government can act in exercise of executive power in relation to any matter with respect to which the state legislature has power to make laws, even if there is no legislation to support such executive action, but such executive section must not infringe the right of any person. ..... it may not be possible to frame an exhaustive definition of what executive function means and implies. ..... letter dated 19.9.2006 the petitioner was accordingly informed vide letter dated 29.6.2007 (annexure p-10) and all general managers of district industries centre-state of h.p ..... industrial estates, export processing zones, theme parks (food processing parks, software technology parks, etc. ..... of income tax : [1994]210itr129(sc) , the supreme court has held that the permissibility of circulars to 'deviate' from the provisions of the act was not one which was affirmed by the constitution bench. ..... punjab national bank and ors .....
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