Court : Himachal Pradesh
Reported in : AIR2008HP4
..... non obstante clause in sub-section (1) of section 10-a which gives overriding effect to the provisions of section 10-a over anything contained in the indian medical council act, 1956 or any other law for the time being in force', is to render inapplicable, and thereby repeal impliedly, the proviso inserted in sub-section (5) of ..... have held that the state government could not refuse essentiality certificate on a policy consideration after going through the entire gamut of the indian medical council act, 1956 vis-a-vis tamil nadu medical university act, 1987. their lordships have held as under:section 10-a seeks to achieve this object by prescribing in sub-section (1) that no ..... medical university. in other words, as a result of insertion of section 10-a in the indian medical council act, 1956 by the central act, with effect from 27-8-1992, the proviso to section 5(5) of the medical university act has ceased to apply in the matter of establishment of a medical college in the state of tamil .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1996HP38
..... 1919 which considered that these matters should be the subject of legislative enactment. a bill to give effect to the proposal was introduced in the provincial legislative council in 1922. after various vicissitudes it eventually became law, in a form very different in many important matters from that in which it had been originally ..... effecting alteration of entries in record-of-rights. for illustration purpose, we find that according to section 118 of the h.p. tenancy and land reforms act, 1972 (act no. 8 of 1974), sale of land in himachal pradesh is only valid in case it conforms to the requirement of this provision, otherwise the ..... issue executive instructions relating to all matters regarding assessment, provided that such instructions shall not be inconsistent with the provisions of the h. p. land revenue act, 1954 and the rules made thereunder.57. the settlement officer may issue supplementary instructions respecting assessment for the guidance of the revenue officers which may not .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1979HP35
..... this notification has been issued by the government under sections 4 and 5 of the himachal pradesh panchayati raj act, 1968 (act 19 of 1970) (hereinafter referred to as the 'act').2. about two months thereafter, i. e. on 5th july, 1978, the government seems to have changed its mind and issued another notification by virtue of which some other ..... to the conduct of business, duties, functions and powers of a gram pancha-yat and many other provisions of the act would be rendered nugatory. under the circumstances, the impugned part of notification dated 5th july, 1978, which i severable from the rest of it, must be declared illegal and void inasmuch as it effect is to ..... not contain any provisions which can be construed as similar to sections 4, 5 and 7 of the punjab municipal act.6. it was then contended that the impugned notification dated 5th july, 1978 offends article 14 of the constitution. article 14 of the constitution enshrines in it the doctrine of equality. we fail to understand how .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1982HP42
..... dismissed for want of evidence to support of the claim.' as regards the application of the limitation act the judge after noticing the decision of the judicial committee of the privy council to hansraj gupta v. dehra dun mussoorie electric tramway co. ltd., air 1933 p3 63, ..... compensation awarded to them by the collector asked the collector to make references to the court under section 18 of the land acquisition act (the act), the references were duly made. during the pendency of the proceedings before the court, the claimants died. applications under order 22 ..... difference was the one reproduced above.15. in r.p. conduit manufacturing co. v. union of india, ilr (1978) 1 delhi 513, a division bench of the delhi high court was seized of the question whether order 9, rule 9 of the ..... full bench of delhi high court in mst. ram piari v. union of india, air 1978 delhi 129. the court while holding that the provisions of order 22 will apply to the proceedings on a reference under section 18 .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2006(3)ShimLC135
..... pollution control board also got the samples tested by three approved environmental laboratories duly recognized under the environment protection act. the work of analysis of the samples was got done through:1. national productivity council (npc), utpadakta bhawan 5-6, institutional area, lodhi road, new delhi.2. pollution control research institute ..... . the committee requested these three laboratories to carry out a number of tests. the representatives of the central pollution control board, national productivity council, indian toxicology research centre and the state pollution control board gathered at ganguwala on 24.9.2005. since heavy rainfall had taken place the ..... and nitrate reported by industrial toxicology research centre, lucknow, and chloride, phosphate, sulphide, sodium absorption ratio, iron and zinc in case of national productivity council; all other values are more or less in line (i.e. there is not much variation from each other). these extreme values have been eliminated .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2009(2)ShimLC496
..... has been constructed by respondent no. 2 on the land of the children park bearing khasra nos. 357 and 358.8. the municipal council has been created under the himachal pradesh municipal council act, 1994. indeed, it is intriguing to note that it has decided to raise the construction without seeking mandatory permission from the town and country ..... which according to the petitioner has been encroached upon by the unscrupulous persons has decided to construct a multiple storey structure. the reasons assigned by the municipal council to construct multiple storeyed parking lot for facilitating the parents/wards of the children who visit the children park is not convincing. the children park should have been ..... , p. 17 et. seq. and journal of planning & environment law, 1973 p. 130 et. seq. see also: penn central transportation company v. city of new york (1978) 57 law ed 2d 631 438 us 104; village of belle terre v. bruce boraas (1974) law ed 2d 797 : 416 us 1; village of euclid v. ambler realty .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2006(2)ShimLC237
..... as 'common passage' mentioned in aks tatima with the sale deed. simalarly, the remaining 1/4th share was sold by narinder kumar bhandari on 5th july, 1978. under this sale deed also, the property 'fountain blue villa' is described in the same terms which reads:three storeyed structure existing over khasra numbers 598/b ..... efficacious remedy available to the petitioner after his revision petition was dismissed by the financial commissioner-cum-secretary relief and rehabilitation.62. section 36 of the act specifically bars the jurisdiction of the civil courts to entertain any suit or proceedings in respect of any matter which the central government or any officer or ..... order of his subordinate and can also exercise the powers to set aside the sale. the power of the chief settlement commissioner under section 24 of the act are unfettered to satisfy himself as to the legality or propriety of an order passed by the settlement officer, an assistant settlement officer, an assistant settlement .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1995HP15
..... ably supported by shri gumaste, that after deletion of article 31 from the constitution with effect from june 20, 1979 by section 6 of constitution (44th amendment) act, 1978, the citizen has no right to claim compensation for deprivation of the property. it was urged that the right conferred on the holder of the property under article 300a ..... of wealth in the hands of an individual and utilise the same for common good.84. in state of karnataka v. ranganatha reddy, air 1978 sc 215, the karnataka contract carriages acquisition act, 1976 for nationalisation of contract carriages in the state was challenged on the ground that there was no real and substantial nexus between the ..... which this court cannot subscribe.' 49. lastly, the petitioner contended that the majority decision of the apex court in m.m. pathak v. union of india, air 1978 sc 803, reiterates the same principle which had been decided by it in the aforementioned cases and the view of bhagwati, j,. that choses in action can also be .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2000HP19
..... interest being made. there can be no doubt that if the terms of the contract expressly stipulate that no interest would be payable then notwithstanding the provisions of the interest act, 1978, an arbitrators would not get the jurisdiction or right to awards interest. in the present case, however, no such contention based on clause 4 was raised before the high ..... bench of this court in paragraphs 24 and 25 of the report. it has been clearly observed in paragraph 25 of the report that under clause 4 which was pressed in service, no interest was payable on the amount withheld. the claim which was made in that case by durga parshad before the arbitrator was for the non payment ..... aside the award made by the arbitrators in respect of claim no. 1 which relates to the rates for items exceeding 'plus variation limit of 20%' but he has not pressed the rejection of part ii of claim no. 1 of the items exceeding 'minus variation limit of 20%'. 55. against claim no. 1, the arbitrators have awarded a .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1992HP11
..... , which has to be seen while determining the question as to whether the civil court has jurisdiction or not. on a review of various decisions of the privy council and supreme court, a constitutional bench of the supreme court in dhulabhai etc. v. state of madhya pradesh, air 1969 sc 78 has laid down the following ..... jurisdiction and ineffective and inoperative upon his rights to remain in possession of the land and to enable him to acquire proprietary rights under the provisions of the act and by way of consequential relief plaintiff prayed for grant of a decree for injunction restraining the defendants from causing any interference in his possession on the basis ..... ownership is free from all encumbrances. see daulat ram etc. v. the state of himachal pradesh etc., ilr 1978 hp 742.9. no dispute was ever raised by thedefendants under sub-section (8) of section 104 of the act. had defendant no. 1 been permanently incapable of cultivating the land by reason of any physical or mental infirmity, .....
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