Court : Himachal Pradesh
..... accept the appellant's submission that the learned single judge had erred in holding that for purposes of proceedings under ss. 31 and 32 of the state financial corporations act, the district judge was concerned with loanee's up to date liability and not his liability as on the date of application under s. 31 ..... learned counsel for the appellant had relied upon two decisions in support of his submissions:9. reliance was placed upon the decision in everest industrial corporation and ors. v. gujarat state financial corporation : air 1987 supreme court 1950, the observations made in para-6 of the judgment are relevant and are being reproduced below:proceeding instituted under ..... of an appeal filed by the appellant under section 32(9) of state financial corporations act, 1951, hereinafter referred to as 'the act', against the judgment and decree dated 7.4.2003 passed by the learned district judge, kangra at dharamshala.2. briefly stated, the facts of the case are that a petition under section 31 .....
Tag this Judgment!Court : Himachal Pradesh
..... the management of the petitioner society on number of grounds as contained in the order. according to notification no. cop-f(7)-1/75 dated 24/25th october, 1977, the state government conferred the powers of registrar in assistant registrars on various places including hamirpur. the notification reads:in exercise of the powers conferred under section 3(1) of the himachal .....
Tag this Judgment!Court : Himachal Pradesh
..... hindustan lever ltd. v. s.m. jadhav and anr. : air 2001 sc 1666; cement corporation of india ltd. v. raghbir singh and anr. : air 2002 sc 509; smt. gulaichi (supra), state of u.p. and anr. v. shiv narain upadhyaya : (2005) 6 scc 49; and state of gujrat v. vali mohd. dosabhai sindhi : air 2006 sc 2735.41. in u.p ..... before the concern ed administrative tribunals, on even filing suits for adjudication as to whether the dates of birth recorded were correct or not.9. most of the states have framed statutory rules or in absence thereof issued administrative instructions as to how a claim made by a public servant in respect of correction of his date of ..... that ordinarily the high court should not exercise its discretion in writ jurisdiction and entertain a writ petition filed by an employee of the government or any instrumentality of state towards the fag end of his service, seeking correction of his date of birth entered in his service record or service register with the avowed object of continuing .....
Tag this Judgment!Court : Himachal Pradesh
..... that the learned trial court had referred to the judgment of the apex court in u.p. state sugar corporation v. sumac international ltd. : (1997) 1 supreme court cases 568, the facts of which case are reproduced as under:the appellant-corporation entered into a contract with the respondent-company for setting up a complete sugar plant. the contract ..... in that context the above observations were made by their lordships.14. reliance was placed by the learned counsel for the appellant on the decision in general manager, taluka agricultural produce co-operative marketing ltd. v. arbitrator, deputy registrar of co-operative societies, raichur district and ors. : air 1998 karnataka 354. in that case the bank ..... the bank of rajasthan ltd., do hereby undertake to pay the amount due and payable under this guarantee without any demur, merely on a demand from hpseb, stating that the amount claimed is due to any of the losses or damage caused to or would be caused to or suffered by the hpseb by reason of .....
Tag this Judgment!Court : Himachal Pradesh
..... . however, their lordships have held that the action of the state to provide reservation in medical colleges but to deny it in agricultural was unconstitutional. 19. what emerges from the above cited judgments is that it is open to the state government to review reservation periodically. however, their lordships have not ..... gone into the question whether the policy could be enforced by the court of law against the state. mr. bimal ..... rajinder prashad government medical college, tanda and h.p. government dental college, shimla. 24. what emerges from the observations and discussions made hereinabove is that state government has continued to provide reservation for the candidates belonging to backward area as far as two institutions are concerned, namely, dr. rajinder prashad government .....
Tag this Judgment!Court : Himachal Pradesh
..... property will devolve on his two nephews and with an interdict that she shall not dispose of the property by testamentary disposition in favour of any other heir. it is stated that isher kaur will be the owner of the moveable and immoveable properties after the death of the testator. but at the end, the will has also stipulated that isher ..... daughters would be on her and after the death of my wife partap kaur my son anup singh would be the absolute owner of all the property. it was also stated by the testator that he executed the said will for maintenance of his family, which consists of his minor son and two minor daughters. the reading of the will, ..... land, hence suit is not maintainable were also taken. objections of valuation, court fee, jurisdiction, locus standi and cause of action have also been taken. on merits, it has been stated that mouju ram was earlier owner in possession of the suit land, who vide will dated 23.1.1980 bequeathed the suit property in favour of defendant no.1. it .....
Tag this Judgment!Court : Himachal Pradesh
..... evaluation.. 46. in a criminal trial, evidence of the eyewitness requires a careful assessment and must be evaluated for its creditability. since the fundamental aspect of criminal jurisprudence rests upon the stated principle that no man is guilty until proven so , hence utmost caution is required to be exercised in dealing with situations ..... sensitive composition where even friction or percussion could cause an explosion, that contravention would be the causa causans . (p.1155and1156) 15. in ashish batham vs. state of m.p. (2002) 7 s.c.c.317,the supreme court affirms the principle for adjudicating criminal liability thus: 8. realities or truth apart, the ..... holding no culpable negligence attributable to them had been proved on the record. 6. shri sandeep sharma, learned assistant solicitor general appearing for the appellant-state urges that the learned appellate court has been re-miss in appreciating the evidence and that the appreciation by the learned trial court is in concord .....
Tag this Judgment!Court : Himachal Pradesh
..... speedy means through the agency of the court. on scrutiny of the record of the present case, it is noticed that the applicant husband has himself stated that he had no agricultural lands of his own and that he had no other property and that he earned his living only by making bidis. in these circumstances, no useful ..... arises whether there is anything in this petition which may render it maintainable under section 482 of the code and article 227 of the constitution? 8. be it stated that there are concurrent findings of two courts below that the respondent does not possesses means maintain herself and that the petitioner is not maintaining her. evidently, the ..... counsel for the parties and gone through the impugned orders and pleadings carefully. 7. respondent no.1 sunita devi has appeared as pw1. she has reiterated the facts stated in the petition. according to her on 25.1.2008 her sister-in-law and aunt dropped her at her matrimonial house. however, petitioner and his family members .....
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