Court : Himachal Pradesh
..... this is not the registration number of the vehicle, in which 130 bags of what had been loaded. it has come in evidence, per testimony of pw-5 shri bal krishan, a clerk from the office of registration and licencing authority, solan, that registration no.hp-14-0198 is of a scooter and not of any truck. gate ..... sudershan kumar and ramesh chand i with offences, under sections 120-b, 408, 218 of the indian penal code, and section 13(2) of the prevention of corruption act, 1988. the other two respondents were charged with offences, under sections 120-b and 420 of the indian penal code. 8. prosecution examined 17 witnesses, besides proving some documents ..... three others, who were tried for offences, under sections 120-b, 409, 218 & 420 of the indian penal code, and section 13(2) of the prevention of corruption act, 1988, have been acquitted. 2. respondent sudershan kumar was working as incharge of h.p. state civil supplies corporation, chambaghat, a suburb of solan town, and respondent ramesh .....
Tag this Judgment!Court : Himachal Pradesh
..... petition for custody of the minor under the provisions of the said act. both the petitions were consolidated. the learned trial court held that gurpal singh father is entitled to take the custody of the minor child and it was accordingly ordered that ..... appears that to operate the said account, amar nath, grand father of raman kumar filed a petition under section 7 of the guardian and wards act read with section 13 of the hindu minority and guardianship act for being appointed as guardian of the minor. this petition was instituted on 18.5.2001. gurpal singh, father of the minor also instituted a .....
Tag this Judgment!Court : Himachal Pradesh
1. respondent was acquitted by the learned trial court for the offences punishable under sections 20 and 21 of the narcotic drugs and psychotropic substances act, in short the act, allegedly for keeping in possession 250 grams of charas and 5 grams of heroin (brown sugar), hence the present appeal by the state. 2. heard and gone through the evidence .....
Tag this Judgment!Court : Himachal Pradesh
..... appearing for the applicant that the court should take a very liberal approach and interpret these provisions (order 22 rule 9 cpc and section 5 of the limitation act) in such a manner and so liberally, irrespective of the period of delay, it would amount to practically rendering all these provisions redundant and inoperative. such ..... and liberal manner, depending upon the facts and circumstances of the case, and the type of case. the words sufficient cause in section 5 of the limitation act should receive a liberal construction so as to advance substantial justice, when the delay is not on account of any dilatory tactics, want of bona fides, deliberate inaction ..... to be considered. i have extracted the pleadings in the writ petition (supra) as also the reasons advanced in the application under section 5 of the limitation act seeking condonation of delay. on the facts, i hold that there has been no fraud, active concealment of facts or misrepresentation practised by the respondent herein to .....
Tag this Judgment!Court : Himachal Pradesh
..... ):- indisputably, the respondent was a habitual absentee. he in his explanation, in answer to the charge-sheet pleaded guilty admitting the charges. in terms of section 58 of the evidence act, charges having been admitted were not required to be proved. it was on the premise that the enquiry proceeding was closed. before the enquiry officer, he did not submit the ..... the charges are admitted, detailed inquiry need not be held. their lordships of the honble supreme court have further held that in terms of section 58 of the evidence act, charges having been admitted were not required to be proved. their lordships of the apex court have further held that the jurisdiction of the high court to interfere with the .....
Tag this Judgment!Court : Himachal Pradesh
..... (air 1965 punj 175) (supra), the question was as to which date should be considered as 1st date of hearing under the provisions of the east punjab urban rent restriction act. in my view the ratio in these cases is of no assistance. in kesar singhs case (1071-73 pun lr 198) (supra) the defendant refused to accept service and ..... take into consideration the second proviso of order 9 rule 13 of the code of civil procedure. the second proviso has been inserted in the code of civil procedure (amendment act), 1977. according to which, the court shall not set aside an ex parte decree merely on the ground of irregularity in service of summons in a case where the defendant ..... hold good. it is a settled principle of law that if there is some conflict in different provisions of an act, they should be construed harmoniously. it is also a settled principle of law that the provisions of an amending act should be given effect to and they should be construed in such a way that the object of the amendment is .....
Tag this Judgment!Court : Himachal Pradesh
..... died due to vomiting and dysentery. pw11 had not suspected any foul play regarding the death of sakina. 16. therefore, we are of the considered view that there was no act directly or indirectly of curetly done by the accused persons which can be brought under sections 498-a and 306 of the indian penal code such view of ours is .....
Tag this Judgment!Court : Himachal Pradesh
..... committee which was formed for the purpose of consolidation of holding. according to the respondents-state after consolidation proceedings started objections in terms of the consolidation act were invited. some parties filed objections and their objections were duly considered and decided. no appeal or revision was file dandy the whole process of ..... may be quashed and set aside and the state be directed to entertainappeals/revisions under section 54 of the h.p. holdings(consolidation & prevention of fragmentation) act, 1971. 2. the undisputed facts are that the area in question was notified for the purpose of consolidation of holdings in the year 1983-84. ..... consolidation schemes. further as per this report 5% right holders including the petitioners have not exchanged their land intentionally. the consolidation act is an act complete in itself provisions of which clearly lays down the principles and procedure to be followed while ordering consolidation of holdings. furthermore, the .....
Tag this Judgment!Court : Himachal pradesh
..... petition is directed against the judgment dated 1.9.2010 passed by the learned district judge, una exercising the powers of appellate authority, under the himachal pradesh urban rent control act,1987 in rent appeals no. 2/2010 and 3 of 2010, whereby rent appeal preferred by the petitionertenant (hereinafter referred to as tenant for convenience sake) has been dismissed and .....
Tag this Judgment!Court : Himachal pradesh
..... investigation), have concluded in para 57 ( baldev singh case, scc pp 208-09) : (i) when search and seizure is to be conducted under the provisions of the act, it is imperative for him to inform the person concerned of his right of being taken to the nearest gazetted officer or the nearest magistrate for making search. (ii) ..... the accused. hence the present appeal. 6. accused was acquitted on the grounds that prosecution had not complied with the mandatory provisions of section 50 of the act; independent witnesses did not support the prosecution and statements of the police officials do not inspire confidence. we have minutely perused the record. we are in total ..... completion of the investigation, challan was presented in the court for trial. 3. accused was charged for having committed an offence punishable under section 18 of the act to which he did not plead guilt and claimed trial. 4. in order to prove its case, prosecution examined as many as 9 witnesses and statement of accused .....
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