Court : Himachal Pradesh
Decided on : Sep-07-2007
Reported in : (2008)15VST342(NULL)
..... considering the conflict of rights created by two statutes, particularly, the one which is a special and a central statute. 31. in rajasthan state industrial development and investment corporation ltd. (riico), v. state of rajasthan and ors. reported in , a division has held that even if mortgaged property, on which the first charge is claimed, ..... considering the same in the context of regulatory and penal statute like the act, the same must be read as carrying on a commercial venture in agricultural produce. the rule of strict construction should be applied in the instant case.... furthermore, it is well known that construction of a statute will depend ..... the bank has relied upon allahabad bank v. canara bank and anr. 2000(4) scc 456. learned advocate general has relied upon the decisions in state bank of bikaner & jaipur v. national iron & steel rolling corporation and ors. reported in : [1995]212itr428(sc) , dena bank v. bhikhabhai prabhudas parekh & co. reported in : [2001]247itr165(sc) .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : May-14-2007
Reported in : (2008)ILLJ794HP
..... mentioned above. accordingly, we overrule the decisions of this court in laxman tulsiram v. dayalal meghji & co. air 1967 madh pra 155 and managing director, national coal development corporation ltd. v. g.c. agarwal mp. no. 133/1970 decided on january 8, 1970.'we, therefore, answer the question in the negative by saying that an application ..... workmen have been deprived of even a meagre sum of rs. 15,927.50 paisa. the forest corporation is a state within the meaning of article 12 of the constitution of india and should have avoided filing this petition. the corporation should file the petitions where substantial question of law is involved or the stakes are high. in ..... prakash and gopal have appeared before the labour court as pw-1 to pw-4 and had stated therein that they have worked for the period november 3, 1996 to january 30, 1997. but have not been paid wages by the petitioners-corporation or by the respondent no. 16. since the provisions of the contract labour (regulation and abolition .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jul-06-2007
Reported in : AIR2007HP101
..... lists demarcate the legislative field or legislative roads. the concerned entry/ entries are the source of power to make a law.20. in gullapalli nageshwar rao v. andhra pradesh state road transport corporation and anr. : air1959sc308 , the constitution bench of the apex court while relying on : [1954]1scr1 has held:the legislature can only make laws within its legislative competence. its legislative ..... by the owner.3-b. establishment of fund for, the payment of ex-gratia grant to a passenger:(1) the state government shall establish a fund to be called the 'state exrgratia grant to a passenger fund', and there shall be credited thereto all sums of money paid to it or all amount of surcharge already collected under section 3-a of the .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jun-28-2007
Reported in : 2008(1)ShimLC270
..... upon the earlier decisions of this court in state of assam v. bimal kumar pandit, institute of chartered accountants of india v. l.k. ratna as also the constitution bench decision in managing director, ecil v. b. ..... of misconduct to file a representation before the disciplinary authority records its findings on the charges framed against the officer.9. the apex court in yoginath d. bagde v. state of maharashtra and anr. : air1999sc3734 , has held as under:recently, a three judge bench of this court in punjab national bank v. kunj behari misra relying ..... any additional material before the disciplinary authority of which the delinquent employee has no knowledge. however, when the enquiry officer goes further and records his findings, as stated above, which may or may not be based on the evidence on record or are contrary to the same or in ignorance of it, such findings are an .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jun-01-2007
Reported in : (2008)ILLJ524HP
..... is no mention of the amount in the show cause notice; issued to the petitioner but in the communication dated july 6, 1996 it has been stated that the corporation has suffered a loss to the tune of a few lacs. it has come on the record that after the theft was detected; f.i. ..... : (1980)illj222sc has held that dismissal of the employee of u.p. warehousing corporation in total breach of natural justice was illegal. the supreme court has opined as under:the appellant is a corporation constituted under the madhya pradesh state warehousing corporation act (28 of 1956), which was subsequently replaced by the madhya pradesh act 58 of ..... have been terminated without following the principles of natural justice and it was incumbent upon the corporation to institute regular inquiry to look into the alleged misconduct.4. the respondent-corporation in its reply to the original application has stated that after the receipt of information about theft, the sub divisional manager has conducted immediate .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Oct-31-2007
Reported in : 2008(I)ShimLC348
..... goods sold to the company and the company contended that no price had been agreed upon and the sum demanded by the creditor was unressonable (see london and paris banking corporation, (1874) 19 eq. 444). again, a petition for winding up by a creditor who claimed payment of an agreed sum for work done for the company when the ..... him. mr. pankaj aggarwal and the petitioners who are related to mr. pankaj aggarwal told m/s. adhunik packagers pvt. ltd. that the amount which mr. pankaj aggarwal had credited in account of lotus foods stuffs pvt. ltd. (lotus food) from m/s. adhunik packagers pvt. ltd. through cheques which were in his possession will be adjusted with ..... of the payments, it was thought fit and proper to open the account at delhi over which the petitioners through their relatives were having active control. the reply states the gist of the defence in the following words 'as the work and factory of adhunik packagers private limited were at parwanoo and no director or any other employee .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jun-15-2007
Reported in : 2007(2)ShimLC260
..... required to possess the following educational qualifications. at least second class bachelor's degree or master's degree in natural science, mathematics, geology, mechanical engineering or agriculture of a recognized university or equivalent.10. method of recruitment whether by direct recruitment or by promotion or transfer and percentage of the vacancies to be filled ..... contrary to statutory rules of the board was brushed aside and the court directed the board, following chandrasekhara aiyar, j.'s opinion in collector of bombay v. municipal corporation of the city of bombay, as well as the decisions in union of india v. anglo afghan agencies and century spg. & mfg. co. ltd. v. ..... into the state forest service.14. the question that arises is can the government be permitted to take shelter of the rules and the inaction on its own part in not amending the rules in a proper manner? justice chandrasekhara aiyar speaking for the apex court in collector of bombay v. municipal corporation of the .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jun-18-2007
Reported in : 2008ACJ433
..... pradesh high court, which had been mentioned in the order of this court dated 15.12.1993, this court in the case of general manager, kerala state road trans. corporation v. susamma thomas : air1994sc1631 , exhaustively dealt with the question. it has been held in the aforesaid case that for assessment of damages to compensate ..... original decree explicitly and with particularity and precision. order 41, rule 31, code of civil procedure casts an obligation on the author of appellate judgment to state the points for determination, the decision thereon, the reasons for the decision and when the decree appealed from is reversed or varied, the relief to which ..... of complex tasks, (ibid, p. 247).(iv) conviction for any substantial criminal offence requires that the accused person should have acted with a morally blameworthy state of mind. recklessness and deliberate wrongdoing are normally blameworthy, but any conduct falling short of that should not be the subject of criminal liability. common-law .....
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