Court : Himachal Pradesh
Reported in : 1994CriLJ1833
Devinder Gupta, J.1. The petitioner has approached this Court seeking to quash First Information Reports as also investigations conducted and action taken thereupon, involving her therein, in connection with her alleged conduct as a General Secretary of the Himachal Pradesh Council for Chilf Welfare.2. The petitioner is the widow of late Mr. Lal Chand Stokes, one of the three sons of Mr. Samuel Stokes, a pioneer in bringing apple revolution in Himachal Pradesh. It is her case that after the death of her husband, who was the member of Legislative Assembly from Teog, she in the year 1972 came in active politics. She and her husband as Congress candidates were always opposed from this constituency by one Mehar Singh Chauhan, who contested the election either as an independent candidate or a candidate of Bhartiya Janta Party (Bhartiya Jan Sangh) or as Janta Dal activist. It is alleged that Mehar Singh Chauhan belongs to Balsan area falling in Theog Assembly constituency and is married to t...
Tag this Judgment!Court : Himachal Pradesh
T. Ramabhadran, J.C.(1) This is an appeal under Section 116A of the Representation of the People Act, 1951, by Dr. Y. S. Parmar, against the decision of the Election Tribunal, Himachal Pradesh, declaring his election to the Lok Sabha, from the Mahasu constituency, as void.(2) The appeal arises under the following circumstances: The election to the Lok Sabha from the double-member Mahasu Parliamentary constituency took place between 25th of May and 6th of June, 1957. One of the two seats was a general seat and the other was a reserved seat. Nomination papers were filed by ten candidates, including the parties to this appeal.Two of the candidates withdrew and, therefore, the ultimate contest was between eight candidates, including the parties to this appeal. The appellant, Dr. Y. S. Parmar and Shri Nek Ram were declared successful from the general and reserved seats, respectively. There was no dispute regarding, the election of the latter. The election of Dr. Y. S. Parmar was, however, c...
Tag this Judgment!Court : Himachal Pradesh
Reported in : (1993)ILLJ99HP
Leila Seth, C.J.1. I have had the advantage of reading the judgments of both my learned brothers, which they are about to deliver. Since the various decisions of the Supreme Court and the High Courts as well as the provisions of law and the facts have been dealt with in detail in the said judgments, I do not intend to repeat them. However, the following conclusions can be culled out from the various decisions and provisions.1. A mere demand made to the Government cannot become an industrial dispute without it being raised by the workmen with their employer.2. If such a demand is made to the Government it can be forwarded to the management and if rejected, becomes an industrial dispute.3. Though it is apparent that for a dispute to exist there must be a demand by the workmen on the employer, this demand need not be in writing, unless the matter pertains to a public utility service, in view of the provisions of Section 22 of the Industrial Disputes Act, 1947.4. The demand need not be sen...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1959HP12
ORDERT. Ramabhadran, J.C.1. This petition, under Article 228 of the Constitution arises under the following circumstances:--The petitioner Shri A. D. Bali, Officiating Deputy Superintendent of Police, Bilaspur, is being proceeded against departmentally, by the respondent, on the basis of a charge-sheet dated 27-6-1958 (Annexure 'A'). Along with the original charge-sheet, a statement of allegations has been appended, although the same has not been enclosed with this petition, but it was shown to me during the course of arguments. These allegations are to the effect that when the petitioner was transferred from Chini to Kasumpti, about three years ago, ho drew certain amounts, to which he was not entitled under the Rules, by way of travelling allowance by making false representations.The petitioner's main contention is that the charge-sheet discloses an offence described in Section 5(1) (d). Prevention of Corruption Act, 1947. Since the same is triable exclusively by a Special Judge, as ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1972HP37
M.H. Beg, C.J.1. Each of the two petitioners before us complains of denial, on similar grounds, of admission into the Medical College. Simla, run by the Government of Himachal Pradesh (hereinafter referred to as the College). As questions of fact and law common to both the cases arose, they were connected and argued together, and will be disposed of by a single judgment.2. Both petitioners, about 17 years In age at the time of applying for admission, submitted that they had complied with the conditions given in the Rules contained in the prospectus of the college for the year 1970-71 so that they were entitled to be considered for admission by the Selection Board.3. The prospectus for 1970-71 gives the objectives of the teaching programme of the college as follows:--'1. To enable the students to prepare for general practice of medicine together with an understanding of the patient as an individual who is an integral part of the society.2. To help develop firm foundations of scientific ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1962HP59
ORDERC.B. Capoor, J.C.1. This petition under Article 226 of the Constitution of India is directed against the Lieutenant-Governor Himachal Pradesh and arises in the following circumstances:2. Theog was at first a notified area under the Punjab Municipal Act, 1911, hereinafter to be referred as 'the Municipal Act', as applied to Himachal Pradesh. Subsequently, it was declared to be a small town under the Punjab Small Towns Act, 1921, hereinafter to be referred as 'the S. T. Act' as applied to Himachal Pradesh. In accordance with Section 4 of the S. T. Act a small town committee of Theog was established on 25-4-1953. The committee consisted of six elected and two nominated members. Election to the small town committee was held in August 1960 and the petitioner was elected as a member from Ward no. 5 and a notification dated 4-10-1960 was issued by the Himachal Pradesh Administration notifying the names of six elected members. The Sub-Divisional Officer Public Works Department Theog and t...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1971HP1
M.H. Beg, C.J.1. The petitioners, before me, under Article 226 of the Constitution of India are old tenants in occupation of a property known as the Metro-pole Hotel Estate at Simla. On 16th March, 1968, a notification under Sec. 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') dated 2nd February, 1968. was published in the official gazette showing that this property was to be acquired, proceedings under Sections 5-A and 6, and, thereafter, an award dated 30th October, 1969, under Section 11 of the Act took place in accordance with law. These proceedings are not challenged by the petitioners. The opposite party No. 1 is the Land Acquisition Collector of Simla who, after the above-mentioned proceedings, authorized his Naib-Tehsildar, opposite party No. 2, to take possession of the property acquired for a public purpose as indicated above. Opposite party No. 3 is the Secretary to the Public Works' Department of the Government of Himanchal Pradesh. Opposite party...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1985HP71
ORDERV.P. Gupta, J.1. Shri Narain Prasad Poddar(hereinafter (referred as) deceased) was working as Assistant Commercial Manager in Giovanola Binny Ltd. (hereinafter company) carrying on its business at Cochin. He was required to visit various places and meet parties in connection with the business dealings of the company. The company in the year 1971, entered into a contract with defendant 1 for carrying out various works at the Baira Siul Hydro-Electric Project (hereinafter the project) for a total sum of Rs. 98,34,430/-. In connection with these works the deceased was to represent the company and have discussions and consultations with the project authorities.2. Plaintiff 1 is the wife, plaintiffs 2 to 4 are minor daughters, plaintiff 5 is father andplaintiff 6 is the mother of the deceased.3. The plaintiffs allege that the deceased arrived at Surangani on or about 4-1-1974where the office of defendant 1 is located. Defendant 1 for carrying out the project owns and maintains a field ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : (2002)IILLJ861HP
C.K. Thakker, CJ.1. All these petitions have been placed before us, as a substantial question of law affecting jurisdiction of the Himachal Pradesh State Administrative Tribunal ('Administrative Tribunal' for short), has been raised therein. It is the contention of the State/ Authorities/ employers that the Administrative Tribunal has no power, authority or jurisdiction to entertain petitions/applications claiming reliefs under the Industrial Disputes Act, 1947 (hereinafter referred to as 'the ID Act' or any other corresponding law for the time being in force and the Administrative Tribunal can exercise power, authority or jurisdiction only under the Administrative Tribunals Act, 1985 (hereinafter referred to as 'the AT Act'). All the orders passed by the Administrative Tribunal by invoking the provisions of the ID Act or under the corresponding law for the time being in force in favour of the petitioners were, therefore, illegal, unlawful and without jurisdiction.2. To appreciate the ...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1995HP156
ORDER1. The petitioner Dr. K. C. Malhotra joined H. P. University since its very inception and had been posted as Dean of Sciences, Dean of Students Welfare and Dean of Studies. He as appointed as an acting vice Chancellor in the University of Himachal Pradesh on 18th January, 1986 and with effect from 1st March, 1986, he was appointed as Vice Chancellor for a period of five years as was then prescribed under the Himachal Pradesh University Act (hereinafter to be called as the Act). The Act was later on amended and the term of the office of the Vice Chancellor was reduced to three years. However, the petitioner continued to have renewal of the terms as Vice Chancellor and finally on 6th July, 1991, his terms of office of Vice Chancellor was renewed for a further period of three years vide order dated 6th~ July, 1991 (Annexure-PA). The petitioner's three years term was to expire in July, 1994 but in the meantime on 22nd September, 1993, a notification was issued by the respondent No. 1 ...
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