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 : 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 : 1983CriLJ67
..... distributors (referred to as the vendor), and took a sample of chloramphenicol i. p. in accordance with the provision of section 23 of the drugs and cosmetics act (the act). one portion of the sample was given to the vendor and another was sent to the government analyst. the analyst declared the sample as not of standard quality ..... at this stage some relevant dates may be noticed. the record reveals that it was on 25th september, 1978 that the drug was sold by the manufacturer to the distributor who in turn sold the same on 28th september, 1978, to the vendor. the sample was taken by the drugs inspector on 27th february, 1979 and was ..... of the government analyst may be noticed. it reads.in the opinion of the undersigned the sample referred to above is not of ' standard quality as defined in the drugs act, 1940, and rules thereunder for reasons given below: method : i. p. supple' 75. description : orange coloured suspension with a characteristic sweet flavour. identification : yields positive .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1985HP71
..... tubes employed in connection with the electric light system, died as a result of receiving electric shocks, the local authority was held liable. (see re fulham borough council and national electric construction co. (1905) 70 jp 55 ).33. the deceased having died of electrocution is an admitted fact. the deceased was a science graduate ..... for the maintenance of its installations in such condition as to be free from danger. the defendants fall within the definition of 'consumers' as defined in the act and, therefore, they were solely responsible for the maintenance of the installation in the guest house so that it was free from danger. there is, however, ..... by the government of india through the ministry of energy and power. with effect from 20-1-1978 the assets and liabilities of this project were transferred to the national hydro electric power corporation (a company incorporated under the companies act). defendant 2 (project) is run by the national hydro electric power corporaton ltd. in these .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1990HP47,II(1990)DMC184
..... their maintenance is distributed according to relationship, the sons of each mother being bound to maintain her.'17. in pratapmull agarwalla v. dhanbati bibi, air 1936 pc 20, the privy council noticed the decision of mitter, j., in sheo dyal tewaree v. jadoonath tewaree, (1868) 9 wr 61, with approval, when it said that: 'the decision of mitter, ..... to live in the family of the heirs or not........'16. in hemangini dasi v. kedarnath kundu chowdhry, (1889) ilr 16 cal 758, their lordships of the privy council observed (at page 766) that :--'the right of a widow to maintenance is founded on relationship and differs from debts. on the death of the husband, his heirs ..... p-l. the case, thus, was governed by section 14(2) of the aforesaid act.5. the defendants assailed the decree in appeal. the learned additional district judge, kangra at dharamsala, decided the appeal (civil appeal no. 54 of 1978) on august 2, 1978. he took the view that smt. banti devi had a preexisting right of her maintenance .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1990ACJ647
..... under section 3-a of the himachal pradesh passengers and goods taxation act, 1955.11. the himachal pradesh passengers and goods taxation act, 1955 was amended by the himachal pradesh passengers and goods taxation (amendment) act, 1977 (act no. 1 of 1978) with effect from february 3/4, 1978 which brought about certain changes being reproduced hereinunder for the sake of ..... in assessing this compensation. the award is correct and is upheld and the objections against the same are dismissed. cross-objections no. 3 of 1983 are dismissed as not pressed.f.a.o. no. 118 of 1982 and cross-objections no. 4 of 198329. makhan singh deceased (59) left behind jagtar kaur and four sons. the ..... and the submissions of the learned counsel for the corporation against the same are without substance. the award is upheld and the cross-objections are dismissed, as not pressed.f.a.o. no. 120 of 1982 and cross-objections no. 2 of 198331. in this case, the claimants allege that the deceased lal singh was running .....
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, .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (1993)114CTR(HP)16,[1993]200ITR79(HP)
..... april 1, 1974, and it applies to the present case. as chapter xxvi of the criminal procedure code has been excluded from the provisions of section 136 of the act, sections 340 and 341 of the criminal procedure code which provide the procedure in the cases mentioned in section 195(1) of the criminal procedure code and appeal against the order ..... sub-section (1) of section 271 has been reduced or waived by an order under section 273a. section 273a(1)(ii) provides that notwithstanding anything contained in the act, the commissionermay, in his discretion, whether on his own motion or otherwise, reduce or waive the penalty if the conditions mentioned therein are satisfied. the power conferred ..... stamp papers on which it was written were not printed and issued for sale by the india security press, nasik. on the facts alleged in the complaint, naubat rai was accused of the offences under section 277 of the act read with sections 193, 177 and 109 of the indian penal code, and his son, vinod kumar .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1993HP84
..... but only evidence of those averments and a proof thereof. the ratio of this case was followed in m. kamalam's case (air 1978 sc 840) (supra), wherein the court held (at p. 844 of air):'................ if a schedule or annexure is anintegral part of the ..... to be a true copy.19. approving the ratio of decisions in subba rao's (air 1964 sc 1027) and kamalam's cases (air 1978 sc 840) (supra), the supreme court in f. a. sapa v. singora, air 1991 sc 1557, held that the requirement of section ..... the respondent, along with the copy of petition, the supreme court held that there was no breach of the provisions of the act in regard to the filing of the election petition, since the election petition itself reproduced the whole of the translation in english, which ..... the petition, was, in m. kamalam v. dr. v. a. syed mohammed, air 1978 sc 840, held to be sufficient compliance of the provisions of section 81(3) of the act. the court held that in fact the copy of the affidavit constituted the end portion of .....
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