Court : Himachal Pradesh
Reported in : AIR1971HP29
..... displaced persons (compensation and rehabilitation) act of 1954, their lordships observed:--'the above provisions apply only to properties which are under the control of the managing officers or managing corporations. they do not apply to properties which have ceased to be evacuee properties.'section 19, referred to above, reads as follows:--'19. (1) notwithstanding anything contained in ..... . in my opinion, the courts below have not erred in holding that the effect of the act 31 of 1950 was to override the provisions of local or state laws as held in abdul sattar v. custodian, evacuee property, (air 1958 andh pra 317). the result was that so long as the property remained vested in ..... 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 .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1992HP53
..... constituent members. annexure 5/a is the copy of circular dated january 18, 1984 issued by the national bank for agriculture and rural development (in short nabard) addressed to the registrars cooperative societies in all the states and union territories notifying the policy governing the financial activities under section 21 (1)(v) read with section 21(3)( ..... objects of the bank is to serve as balancing centre and clearing house for co-operative societies in its area of operation and to organise the provision of credit for agriculturists, artisans and labourers and others in its area of operation. one of its aim is also to make loans and advances with or without ..... to be 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 .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [2001]103CompCas629(HP)
..... ) to any agreement 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 ..... vocational or technical training; or (ii) for the construction of residential building ; or (iii) for providing drinking water kuhl or pipe line, or (iv) for the development of animal husbandry, agriculture or horticulture ; or (v) for establishing, expanding, modernising, renovating or running any village or cottage industry, industrial undertaking or agro-industry ; or (vi) for purposes of any other kind of .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1962HP59
..... with what may be called wholesale trade and this in our opinion provides ample guidance to the state govt. when it comes to decide whether a particular agricultural produce should be added to, or taken out of, the schedule. the state govt. will have to consider in each case whether the volume of trade in the produce is ..... . the latest reported case of the supreme court on the point under consideration is mohammad hussain gulami mohammad v. state of bombay, air 1962 sc 97. section 29 of the bombay agricultural produce markets act provided that the state government may, by notification in the official gazette, add to, amend or cancel any of the items of ..... penalty on an examinee for his alleged misconduct.38. in the case of nathubhai dhulaji v. municipal corporation bombay, air 1959 bom 332 it was held that the authority issuing notice under section 354 of the bombay municipal corporation act has to ascertain facts objectivelyand then to satisfy himself. so long as the authority keeps himself .....
Tag this Judgment!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 : AIR1972HP99
..... of management and acquisition by the state'. hence, the provisions of section 85 cannot be applied to any alienation made by a landowner who has got land not exceeding the ceiling as provided in the act. even ..... relates only to such lands which will vest in the state government after the enforcement of this act and also it is further clear that it relates to lands which fall under chapter viii of the act which provides for 'assumption ..... any other person on or after the 1st of april. 1952. which has the effect of directly or indirectly preventing the vesting of any land of the landowner in the state government or. to defeat any other provision of this chapter shall become void from the date of vesting.' 8. from the reading of this section it is obvious that it .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1971HP21
..... land occupied without the consent of the landlord shall be liable to pay for the use or occupation of that land at the rate of rent payable in the preceding agricultural year, or, if rent was not payable in the year, at such rate as the court may determine to be fair and equitable.'7. it is manifest, this section is ..... has to start and continue without the consent of the landlord. because no rent can be stated to have been fixed between him and the landlord, the legislature wanted him to pay for use and occupation at the rate of rent payable in the preceding agricultural year for that land, or, if rent was not payable in that year, at such rate .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1972HP91
..... section 30 of the act, he is liable to pay compensation for use or occupation of the land at the rate of the rent as was payable in the preceding agricultural year.17. in the light of the above i am of the view that the tenancy, therefore, had been determined on the passing of the decree for ejectment by ..... the learned counsel for the appellant that because of the appeal having been filed before the collector, the order of the trial court had been suspended. it may be stated here without discussing further that not only the collector but even the commissioner has dismissed his appeal and now it is only a revision which is lying pending before the ..... passed by the assistant collector against smt. chinti and parma nand. the tenants again went in revision against the order of the collector to the financial commissioner and it is stated at the bar that this revision is still pending.5. the compensation officer came to the conclusion that the applicant smt. chinti had ceased to be a tenant with .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1972CriLJ687
..... least partially perjured evidence of the prosecution witnesses have deepened the mystery. the evidence of such witnesses cannot be acted upon without satisfactory corroboration (see : v. thevar v. state of madras air 1957 sc 614.22. we, therefore, allow this appeal and set aside the conviction and sentence of the appellant who is in jail. we also ..... of khubu, dharmu and karmu, the three sons of the appellant, as persons accompanying the appellant and bali. this was an improvement on what smt. prem dassi had herself stated probably ' due to fear or compulsion. these allegations were not to be found in the statements made by these two children before the police. gianu, p. w. 12 ..... chand against the accused due to that enmity. gian chand has entangled the present accused in this case so that they may not help me in future.'she had stated before the committing magistrate (ex. dd).gian chand has cheated me and my son about our lands. he is first class cheat. gian chand witness is responsible .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1973HP81
..... a. right of pre-emption shall exist in respect of village immovable property and subject to the provisions of clause (b) of section 5. in respect of agricultural land, but every such right shall be subject to all the provisions and limitations in this act contained.' '31. punjab pre-emption (amendment) act 1960 ..... to any part contained in the notification of 1917 and as such is not an inconsistent provision for the working of that notification. the notification did not state anything regarding the category of tenant which could be introduced under a subsequent legislation. the notification was, therefore, not inconsistent with such introduction of a new ..... notification of 1917. therefore, the said notification shall remain standing, despite the introduction of tenants-at-will in the re-enacted section 15. as we have stated before, the occupancy tenants no longer remained in the field and, therefore, that part of the notification had become redundant, and what has become redundant, cannot .....
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