Court : Himachal Pradesh
Reported in : 2007(3)ShimLC482
..... with regard to the ambit and scope of an amending act and its retrospective operation may be culled out as follows:(i) a statute which affects substantive rights is presumed to be prospective in operation unless made ..... thakur and ors. v. state of maharashtra and ors. : 1995crilj517 , has laid down the principles with regard to the ambit and scope of a amending act and its retrospective operation. your lordships have held as under:from the law settled by this court in various cases the illustrative though not exhaustive principles which emerge ..... by the deputy commissioner, shimla dated 6th august, 2002 to the sub divisional officer (civil), theog to review mutations keeping in view the amended provisions of the act. respondent no. 2, i.e. deputy commissioner, shimla has also issued letter to divisional forest officer, forest division, theog on 27.9.2002 whereby the directions .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(3)ShimLC167
..... died, in the facts and the circumstances of the case, which we are going to discuss hereinbelow, gives rise to a statutory presumption under section 114 of the indian evidence act, that either he himself administered the poison to the deceased or she took the poison to end her life on account of his having harassed her and having treated her ..... -b says that dowry for the purpose of the said sub-section (1) shall have the same meaning as in section 2 of the dowry prohibition act, 1961. in section 2 of the dowry prohibition act, 1961, dowry has been defined to mean-any property or valuable security given or agreed to be given either directly or indirectly-(a) by one party .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(3)ShimLC236
..... and supply in the state;(d) to promote competition, efficiency and economy inn the activities of the electricity industry to achieve the objects and purposes of this act.16. admitted case of the parties is that the commission was approached by the board to determine the tariff for electricity. that means, the commission was ..... the respondent-commission raised a preliminary objection about the maintainability of the appeals. he submitted that appellate tribunal having been established, under section 110 of the act of 2003, appeals in this court ceased to be maintainable and the right course was to transfer the same to the appellate tribunal. in support of ..... its direction by holding them jointly and severally liable for the purpose of imposition of penalty, under section 45 of the electricity regulatory commission act, 1998, hereinafter referred to act of 1998, on account of non-compliance of its directions. since common questions of law and facts have been raised in all these appeals .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2007HP83,2007(2)ShimLC463
..... sc 2626. this argument, in our considered opinion is totally misconceived. no allegations of corrupt practices as envisaged under section 175(1)(b) of the act have been levelled in the election petition. the allegations of corruption were against the returning officer and not against the candidate or his agent.12. mr. ajay sharma, advocate, ..... that there are allegations of corrupt practices made in the petition and since the petition has not been supported by an affidavit in terms of section 161 of the act, the same should be rejected. in this behalf he has also relied upon a decision of this court in thakur sen negi v. dev raj negi air 1994 ..... of the election rules. it would be pertinent to mention that the provisions of rule 86(15)(ii) are virtually identical to section 100 of the representation of the people act, 1950. the apex court in hari vishnu kamath v. ahmad ishaque : [1955]1scr1104 while dealing with a similar question observed as follows:33. xx xx xx xx under .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(3)ShimLC18
..... wages beldar by the executive engineer, iph division sundernagar, district mandi, h.p. w.e.f. 16.11.2000 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 the above aggrieved workman is entitled for3. in sequel to the reference ..... . now this provision is not controlled by conditions as to length of service contained in section 6(n) (which corresponds to section 25-f of the industrial disputes act, 1947). section 6-p does not require any particular period of continuous service as required by section 6-n. in kamlesh singh v. presiding officer : air1986sc1921 , ..... following manner:15. the findings recorded by the labour court that the workman had completed 240 days and thus is entitled to protection of 25-f of the act are set aside. however, the workman is held entitled to reinstatement with 50% back wages and consequential benefits including seniority since the workman junior to him .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (2008)IILLJ8HP,2007(3)ShimLC202,2008(3)SLJ477(HP)
..... in writing from the controlling authority for the delayed payment on that ground. under section 8, provision is made for recovery of gratuity payable under the act, if not paid by the employer within the prescribed time. the collector shall recover the amount of gratuity with compound interest thereon as arrears of land ..... of the hon'ble supreme court in ahmedabad pvt. primary teachers' assn. v. administrative officer and ors. : (2004)illj596sc have held that the payment of gratuity act is a piece of welfare legislation and its provisions are in the nature of social security measures like employment, insurance, provident fund and pension. their lordships have held ..... the prevailing trust scheme. at the relevant time when the respondents voluntarily retired from service the definition of 'employee' under section 2(e) of the central act read as not to include an employee whose wages exceeds rs. 1000 per mensem while the respondent employees were all getting wages more than rs. 1600 per .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2007(3)ShimLC381
..... the period october 1, 1991 to august 31, 1992. the removal was found to be in violation of the provisions of section 25-f of the industrial disputes act. the tribunal following the decision of the apex court in delhi development horticulture employees' union v. delhi administration reported in : (1992)iillj452sc , directed to pay ..... discussion is that the petitioner had completed 240 days preceding his retrenchment and was entitled to get the protection of section 25-f of the industrial disputes act, 1947. accordingly the retrenchment of the petitioner by the respondents board is declared void ab initio and the petitioner in normal circumstances was entitled to be ..... that since he had completed 240 days preceding his retrenchment from 23.9.1978. he was entitled to protection under section 25-f of the industrial disputes act, 1947. the employer i.e. respondent board had taken preliminary objection of delay in raising the dispute. the petitioner had appeared as witness before the labour .....
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 : AIR1959HP20
..... the punjab high court. allowing that petition and directing the issue of a writ forbidding elections from ward no. 5, until and unless the provisions of the act and rules framed thereunder had been complied with, grover, j. observed as follows: 'the petitioner, under article 226 of the constitution can agitate the question ..... as commissioner, are all rights which spring up under the statute. there is no common law right which is involved. therefore, the provisions of the act and thei rules made thereunder must be strictly followed in constituting the municipality and in regulating the functioning thereof: and this includes the question of the election ..... cantonment area, however, was not included in the municipal area and there was no notification either under section 4 or under section 5 of the punjab municipal act, as applied to himachal pradesh, including the so-called cantonment area within the jurisdiction of the solan municipal committee. 7. the respondents further admitted that during .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2003(1)ALT(Cri)5,2002CriLJ4178
..... wishes of pw 5, she was taken to bunga sahib, ludhiana and delhi. while she was with the appellant, against her wish, appellant committed forcible sexual intercourse. this act was committed by the appellant alone.4. in this background, after completion of investigation both the 'accused persons were challanged before the magistrate. after committal, both the accused ..... to some place. thereafter the appellant is stated to have committed sexual intercourse against her wish and consent 2/3 times in a day. none else committed such act with her. she was brought back to nalagarh by her brother and investigating agency. she denied having been got medically examined by the medical officer. she was ..... which does not tally with the version of the prosecutrix as given in the court. the learned counsel for the state relied on section 114a of the evidence act, 1872 which provides that in a trial on charge under section 376(2)(g), ipc on the prosecutrix stating that she was not a consenting party, the .....
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