Court : Himachal Pradesh
Reported in : [2001]103CompCas629(HP)
..... act is passed with the object of providing a speedier remedy to the state government or corporation to realise the loans advanced by it. the state government or corporation while advancing loans does not act as an ordinary banker with a view to earning interest. ordinarily, it advances loans in order to assist the people financially in establishing an industry in the state or for the development of agriculture, animal husbandry, residential building or the transport of passengers or goods, ..... relating to a loan, advance, grant, subsidy, stipend or scholarship given to him under that agreement or relating to credit in respect of, or relating to hire purchase of, goods sold by the state government or the corporation by way of financial assistance ; or (ii) to any agreement relating to a loan, advance, grant or subsidy given under that agreement or relating to credit in respect of, or relating to hire purchase of, goods sold by the government company under the sponsored scheme ; or ( .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1995HP15
..... structures on such land; (b) orchards; (c) ghasnies; (d) banjar land; and (e) private forest;' section 2(19) of this act states: ''agricultural year', 'estate', 'holding'. 'legal practitioner', 'pay', 'rates and cesses', 'village cess' and 'village officer' have the meanings respectively assigned to these terms in ..... it must be compensated in money afterwards could be nothing more or less than a forced loan, only to be justified as a last resort in a time of extreme peril, where neither the credit of the government nor the power of taxation could be made available.' 46. mahajan, j. said that (at pp. 942-944) (of scr): (at p. 275 of air):'the learned ..... does not fall under (iii) since this provision requires that it must be held or let for purposes of agriculture or for purposes ancillary thereto in view of the apex court decisions referred to above.79. in madras central urban bank ltd. v. corporation of madras, air 1932 mad 474, it has been held that when a definition 'includes' certain .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1992HP53
..... act and is bound to follow the instructions issued by the reserve bank of india and when financial assistance is provided by the nabard also by the provisions of the national bank for agriculture and rural development act. referring to the provisions of sections 21, 35-a and 56 of the banking regulations act read with sections 21(1)(a) and 33 ..... issued by the nabard on october 29, 1990 emphasises upon the directors of the state cooperative banks to follow its policies strictly in the matter of financial assistance and reads as under: '....one of the conditions governing the sanction of credit limits to state co-operative bank under section 21 (i)(v) read ..... governed by the other terms and conditions laid down by the national co-operative development corporation. 24. it was contended by the learned counsel for the petitioner that as no terms and conditions had been prescribed by the state government, therefore, the bank was within its rights to take a decision of returning the amount since .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2008(3)ShimLC344
R.B. Misra, J.1. The present appeal has been preferred under Section 173 of Motor Vehicles Act by the National Insurance Company against the order dated 5.7.2004 passed in MACP No. 13-K of 2002 by the Motor Accidents Claims Tribunal-Ill, Kangra at Dharamshala (in short called learned 'Tribunal'), whereby the claim petition preferred by respondents 1 to 5 under Section 166 of the Motor Vehicle Act, 1988 (in short 'MV Act') for compensation to them in reference to the death of Mohinder Singh in a motor accident involving the truck bearing No. HP-40-1260 owned by Himachal Flour Mills, Kangra has been allowed.2. While adjudicating the claim petition, learned Tribunal has awarded a compensation to the tune of Rs. 5,04,000/- in favour of respondents 1 to 5 with further direction to deposit Rs. 2.00 lakh in favour of respondent No. 1 and respondents No. 2 to 4 stated to be entitled to the tune of Rs. 75,000/- each and Rs. 79,000/- is directed to be awarded in favour of respondent No. 5 (being...
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1971HP29
1. These are two defendant's second appeals directed against the judgment and decrees of the District Judge of Chamba, who disposed of two appeals by the same judgment as common questions of law and fact arose. The plaintiffs-respondents are transferees of the rights of the Central Government in evacuee property which had vested absolutely in the Central Government, free from all encumbrances, under the provisions of Section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954. They came to Court with a claim of absolute ownership of the plots of land in dispute based upon a permanent allotment to which the provisions of Rule 58 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955, applied. This rule lays down:--'Where any person is allotted agricultural land under these rules, he shall, subject to the provisions of any local or special law fixing the ceiling of or otherwise regulating agricultural holdings be granted vacant possession of such land....
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 : AIR2005HP39
ORDERK.C. Sood, J. 1. Plaintiff, the Himachal Pradesh State Industrial Development Corporation Ltd. (plaintiff corporation for short) is a Company, incorporated under the Companies Act, 1956, having its registered office in Shimla. Plaintiff corporation has filed the present suit for recovery of Rs. 1,02,90,191/- with future interest against the defendants. Defendant No. 1 M/s. Continental Spinners Ltd. (hereinafter referred as Company) is a Company, incorporated under the Companies Act. Defendant Nos. 2 to 5 are the guarantors to the Company.2. Case of the Plaintiff Corporation is that the Company applied for term loan of Rs. 60,00,000/- (Sixty lacs) for construction of building, purchase of land, plant, machinery and other assets for setting up a Worsted Spinning Unit at Barotiwala, in District Solan of Himachal Pradesh. The loan was sanctioned to the defendant Company on 11-10-1995. The defendants agreed to pay interest at the rate of 18.5% with half yearly rests on the loan amount....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1998HP46
M.N. Rao, C.J.1. This is an unusual writ petition with hardly any parallel. The State of Himachal Pradesh represented by its Secretary, Department of Health is seeking judicial review of the action of the Central Government represented by the Secretary, Ministry of Health and Family Welfare and the Medical Council of India represented by its Secretary, New Delhi, concerning permission for a Medical College --Dr. Rajendra Prasad Government Medical College, it wants to establish at Tanda in Kangra District with an annual intake of 50 students in the first year, the academic year 1997-98. 2. The State of Himachal Pradesh comprises mountainous terrain of 55,693 sq. km. with 19388 villages scattered all over the State and most of the inhabitants are of tribal and rural background. For the entire State there is only one medical college Indira Gandhi Medical College established in 1960 in the capital city Shimla, long before the State of Himachal Pradesh came into being. The annual intake for...
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2009ACJ1325
Sanjay Karol, J.1. Award passed by the Motor Accidents Claims Tribunal-II, Solan, H.P. dated 24.5.2004 in M.A.C. Petition No. 26-NL/2 of 2001 titled as Surjeet Kaur v. Shamsher Singh, awarding a compensation of Rs. 2,02,000 along with interest at the rate of 9 per cent per annum, in favour of claimant No. 1, Surjeet Kaur, widow of the deceased is under challenge.2. A petition under Section 166 of the Motor Vehicles Act, 1988 was filed seeking compensation of Rs. 6,00,000 on account of death of Darshan Singh, who died in an accident, which took place on 1.7.2001 due to rash and negligent driving of Parkash Chand, respondent No. 2 of vehicle No. HP 34-3815.3. Shamsher Singh, respondent No. 1 owner and Parkash Chand, respondent No. 2 driver filed a joint written statement and National Insurance Co. Ltd. filed separate written statements.4. Based on the pleadings of the parties the Tribunal framed the following issues:(1) Whether on 1.7.2001 at about 7 p.m. at Kiratpur Sahib, Tehsil Anandp...
Tag this Judgment!Court : Himachal Pradesh
Reported in : [2003]133STC101(HP)
D. Raju, C.J.1. These writ petitions are dealt with together since they involve consideration and decision of identical questions of law of almost similar nature on certain common background of facts except certain variations and differences with reference to either the year of assessment of the petitioners who have come before this Court or the amount of tax involved as also the stage and manner in which they approached this Court. To illustrate, though in all cases the relief sought for is in the nature of writs of certiorari to quash the assessment orders, as also the appellate orders, passed by the appellate authority in these cases. It is stated that on earlier occasion the matter has been brought to this Court and this Court, in those matters, was pleased to set aside the order of the appellate authority on the ground of the same having not been passed by the competent authority and that the Commissioner also thereafter on suo motu action remitted the proceedings to the original ...
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