Court : Himachal Pradesh
Reported in : AIR1967HP21
..... ), of the constitution, are available to natural persons only and not to a juristic person, vide state trading corporation of india, ltd. v. commercial tax officer, air 1963 sc 1811 and tata engineering and locomotive co. ltd. v. state of bihar, air 1965 sc 40. fundamental rights under article 19(1) are not available to ..... has not been made to make illegal gains. the modification is merely an arrangement by which private vehicles are made available, on contractual basis, to the state transport undertaking, for the implementation of the scheme of nationalization. the modification, thus, furthers the purposes of nationalization. the attached vehicles are to be run ..... constitution, have been infringed was directly in point in jan mohammad noor mohammad v. state of gujarat, air 1966 sc 385. the question was answered in the negative. in that case, the validity of certain provisions of the gujarat agricultural produce markets act (20 of 1964) was challenged on the plea that they infringed .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1976HP41
..... occasions to his son and daughters. the father had got so many resources that in fact apart from his pay as an accountant in the mercantile bank he had agricultural property, an orchard, grew vegetables and potatoes, and had a dairy farm. therefore, it cannot be disputed that he could make gifts to his children when he ..... records to that effect. the entries in the revenue record do not indicate any such mortgage and this transaction as such is non est. but, it may be stated that this submission of the appellant is not correct that a presumption is to be drawn against the plaintiff-respondent. section 34 only enjoins that acquisition shall be ..... the question of dominating the will of another to enter into a contract with him arises only when the transaction itself is unconscionable. in the instant case as stated at the very outset the transaction does not appear to be unconscionable inasmuch as this amount was quite a substantial amount advanced against the security of lands which did .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1976HP6
..... three advocates are required to be members of the bar council during the previous year and they should not be contesting the elections. it cannot, therefore, be stated that the constitution of the two bodies is one and the same. in fact they are two different bodies not only named differently in the rules but their ..... the unanimous or majority decision of such committee shall be final in case three members, not contesting elections, are not available, any advocate, or advocates on the state roll of advocates may be appointed of the committee.'34. first meeting.within 15 days from the election becoming final under rule 31 the advocate general shall convene a ..... the unanimous or majority decision of such committee shall be final. in case three members, not contesting elections, are not available, any advocate or advocates on the state roll of advocates may be appointed on the committee.' when the rules of 1963 were partially superseded by the enactment of the rules of 1968, rule 32 of .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1982HP72
..... , cause a notice of ejectment to be served on the tenant. (2) a notice under sub-section (1) shall not be served after the fifteenth day of november in any agricultural year. (3) the notice shall specify the name of the landlord on whose application it is issued, and describe the land to which it relates, and shall inform the tenant ..... 2nd september, 1953 on 3rd december, 1953, and the natural presumption is that there was no idea in pursuing with this appealbecause the decree passed on 2nd september, 1953, as stated before, had become invalid. even if the appeal had not been withdrawn still there was no valid executable decree in existence on 3rd december, 1953.17. if the decree passed .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1996HP38
..... rights of the respondents-estate-right-holders.therefore, in order to clarify the factual position, the respondents are directed to file a supplementary affidavit stating:i) that in which of the agricultural estates or sub-estates in which old record, that is, 'lathas' and 'momis' have been used and in which of the estates ..... all the estates.19. as regards tehsil rohru, it has been stated that in 101 agricultural estates new lathas and momies tally with one another, however, there are minor discrepancies in other 25 agricultural estates.20. in tehasil chirgaon record shows that in 55 agricultural estates, new lathas and momies tally with one another (annexure d) ..... .29. from revenue administration point of view, the state has been divided into three divisions, viz, kangra, mandi and shimla.the area in question, thus, forms part of shimla division, where the current settlement operation is being carried on. the economy is pre-deminently agricultural with 95% of the people engaged on land. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1982HP42
..... then order 4 ofthe code relates to the institution of suits, rule 1 (1) tells us how the suit is commenced. it states : 'every suit shall be instituted by presenting a plaint to the court or such officer as it appoints in this behalf in other ..... section 18 of the act asking the collector to make a reference to the court. in this application he is required to state the grounds on which objection to the award is taken. the collector is required to give the necessary information mentioned in section ..... co. ltd., air 1933 pc 63 ; bombay gas co. v. gopal bhiva, air 1964 sc 752; and the management of the state bank of hyderabad v. vasudev anant bhide, air 1970 sc 196).'14. because of the conflicting decisions the matter was referred to a ..... is applicable. he also cites several decisions in support of his contention. we will now examine these decisions.7. in abdul karim v. state of madhya pradesh, air 1964 madh pra 171, a division bench was seized of a similar question whether order 22 of the civil .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [2005]126CompCas1(HP),[2005(105)FLR234],(2005)IILLJ384HP,[2005]63SCL424(HP)
..... under article 226 of the constitution of india is:whether the petitioner hpsidc having taken over the hypothecated assets of a loanee company under section 29 of the state financial corporation act, and then handing over back such assets to the same loanee company after one time settlement, can be termed as successor or assign of the loanee ..... to the second company. it was also pleaded that only hypothecated assets of the first company were taken over by the hpsidc under section 29 of the state financial corporations act and management of the first company was never transferred to the hpsidc and for this reason too, the hpsidc cannot be saddled with the liability to ..... to be successor or assign of the first company.18. this apart, as far back in 1963, a constitution bench of the supreme court in anakapalle co-operative agricultural and industrial society ltd. v. workmen and ors., air 1963 sc 1489 : 1962-ii-llj-621 interpreting the provisions of the industrial disputes act held that the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(2007)ACC441,2007ACJ1472,(2006)205CTR(HP)524,[2006]285ITR118(HP),2006(2)ShimLC22
..... got installed machinery and plant worth around rupees 1.5 lakhs, procured electricity connections for industrial activity, got the workers registered for esi benefits with the esi corporation and with the provident fund authorities for contribution to the provident fund and also manipulated other entries and documents like transportation of raw material and goods etc. to ..... 392, gross profit of rs. 19,12,565 for unit ii giving 30.29 per cent, has been declared by the assessee. sales were made both on credit as well as cash basis. confirmed copy of account of the creditors has been produced, which is placed on record.keeping in view the information supplied by the ..... commissioner of income-tax, shimla impleaded as respondent no. 2 in the writ petition, as also the income-tax officer, shimla, impleaded as respondent no. 1, have stated in their reply that the notices, under section 148 of the income-tax act, have been issued by the assessing officer (income-tax officer), shimla, by applying his .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2000HP65
..... for a particular term. his office is controlled by the provisions of the act. ......'20. while interpreting almost similar provisions in bapauli co-operative agricultural service society v. state of haryana, air 1976 punj & har 283, the learned judges of the punjab and haryana high court have also held in paragraph 18 of ..... notice to individual members of a co-operative society, in our opinion, is opposed to the very status of a co-operative society as a body corporate and is, therefore, unnecessary. we do not consider it necessary to further elaborate the matter except to point out that a member who objects to the ..... 2 years; (b) in relation to secondarysocieties ... 3 years;and (c) in relation to apex societies ... 4 years;provided that the outgoing managing committee shall, unless the state government otherwise directs, continue to function till another managing committee is constituted under these rules;. ..... (4) the committee shall, as soon as may be possible, elect from among .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1980HP16
..... the multiplier ranging from 12 to 18 years' purchase.21. in our country, the supreme court has applied different multipliers, but in a recent decision given in madhya pradesh state road transport corporation v. sudhakar (supra), 20 years multiplier is taken keeping in view the fact that the deceased had before her yet thirty years of service to be performed.22. one ..... delhi v. subhagwanti reported in air 1966 sc 1750, c. k. subramonia iyer v. t. kunhikuttan nair, reported in air 1970 sc 376 and madhya pradesh state road transport corporation v. sudhakar reported in 1977 acj 290. a division bench of the high court of gujarat has discussed this question of preference between the methods adopted by viscount simon and .....
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