Judgment Search Results Home > Cases Phrase: state of himachal pradesh act 1970 section 21 high court for himachal pradesh Page 1 of about 2,373 results (0.179 seconds)

Joti Ram (Dead) Through L.Rs. and ors. Vs. Bhagat Singh and ors. Etc.

Court : Himachal Pradesh

Reported in : AIR2000HP123

..... . the high court of himachal pradesh has been established under section 21 of the state of himachal pradesh act ..... . therefore, we are obliged to agree with the reasonings of the full bench of delhi high court (himachal bench) in chuhary's case (1968 (4) delhi lt 412) (supra) that all the relevant provisions reproduced above, deprive a tenant of his right to institute a civil suit during the period of one year when he has the right to approach the revenue officer for relief for wrongful dispossession or ejectment ..... . 53 of 1970, provides appointment of the judges of the high court by the president if he thinks fit, direct that such of the judges of the high court of delhi holding office immediately before the appointed day as may be determined by him, shall on that day cease to be judges of the high court of delhi and become judges of the high court of himachal pradesh and shall have the jurisdiction in respect of any part of the territories comprised in the state of himachal pradesh, under the law in force immediately before the appointed day, which were ..... . the right of a tenant to get back possession is an important right to property and it is not easy to impute to the law maker an intention to deprive a tenant of a right to approach the civil court for adjudication of such an important right, when all that is provided to him is an application to a revenue officer .....

Shobit Construction and anr. Etc. Vs. T.K. International Ltd.

Court : Himachal Pradesh

Reported in : AIR2006HP4,2006(1)ARBLR510(HP)

..... high court of himachal pradesh was established under section 21 of the state of himachal pradesh act, 1970 ..... section 25 of the act provides that subject, to the provisions of part iv of the act providing for the high court of himachal pradesh, the law in force immediately before the ..... of the above provision shows that the high court of delhi and consequently the high court of himachal pradesh has the power to make rules and orders with respect to the practice and procedure for the exercise of its ordinary original civil ..... thus, the procedure for exercise of original civil jurisdiction in the high court of himachal pradesh is to be governed ..... the said period cannot be extended further by the court even under its inherent powers under section 151 of the code of civil procedure or under section 148 of the code which provides that where any period is fixed or granted by the court for the doing of any act prescribed or allowed by this code, the court may, in its discretion, from time to time, enlarge such period, (not exceeding thirty days in total) even though the period ..... high court of himachal pradesh it exercise of the powers under section 23 of the state of himachal pradesh act, section 129 of the code of civil procedure and article 225 of the constitution of india and all other enabling powers made the rules for the proceedings taken on the original side of the high court of himachal pradesh known as rules and orders of the high court of himachal pradesh (original side), 'rules' for .....

Vijay Devi Vs. Navendra Singh Katoch and ors.

Court : Himachal Pradesh

Reported in : 2009(2)ShimLC316

..... on the other hand, shri kapil dev sood, advocate, learned counsel for the appellant has urged that under section 10 of the delhi high court act, 1966 (as applicable to the state of himachal pradesh vide state of himachal pradesh act, 1970) an appeal lies against a judgement and hence the present appeal against the findings delivered on issues no. ..... the high court of himachal pradesh was constituted in terms of section 21 of the state of himachal pradesh act, 1970. ..... the state of himachal pradesh was established vide the state of himachal pradesh act, 1970, w.e.f. ..... - the high court of himachal pradesh shall have, in respect of any part of the territories comprised in the state of himachal pradesh, all such jurisdiction, powers and authority as, under the law in force immediately before the appointed day, are exercisable in respect of that part of the said territories by the high court of delhi.24. ..... a bare perusal of these two sections shows that the high court of himachal pradesh will have the same jurisdiction as was being exercised by the high court of delhi before the appointed date i.e. ..... - subject to the provisions of this part, the law in force immediately before the appointed day with respect to practice and procedure in the high court of delhi shall, with the necessary medications, apply in relation to the high court of himachal pradesh.19. ..... the jurisdiction of the delhi high court was extended to the entire area forming part of the union territory of the himachal pradesh w.e.f. .....

Maharishi Markandeshwar Medical College and Hospital and Ors Vs. State ...

Court : Supreme Court of India

..... . the high court then adverted to section 7 of the himachal pradesh university act, 1970 (for short 1970 act ) and noted that that was a parent statute under which all the universities in the state must be constituted ..... . the appellants, therefore, filed a writ petition before the high court of himachal pradesh at shimla for the following reliefs: prayer: it is therefore most respectfully prayed that this hon ble court may, in the interest of justice, be pleased to issue a writ in the nature of mandamus or any other appropriate writ, direction or order striking down sections 3(6), 3(6)(a) and 3(6)(b) of the himachal pradesh private medical educational institutions (regulation of admission and fixation of fee) act, 2006 as amended vide amendment act no.24 of 2015 as null and void being wholly ..... the high court dismissed the writ petition filed by the appellants challenging the validity of sections 3(6), 3(6a) and 3(6b) of the himachal pradesh private medical educational institutions (regulation of admission and fixation of fee) act, 2006 (for short 2006 act ) as amended vide amendment act no.24 of 2015. .....

Harbhajan Singh Vs. State Of Haryana

Court : Supreme Court of India

..... section 8 of the said act provides for vesting of assets of the panjab university in the state of himachal pradesh to the himachal pradesh university. ..... the state of himachal pradesh, respondent no.6, took a stand that the 1925 act is applicable only for those areas which are included in himachal pradesh under the 1966 act. ..... the issue before this court in the said judgment was whether the constitution 97th amendment introducing part ix-b, which was found to be non est by the gujarat high court for want of ratification by half of the states under the proviso to article 368(2), is sustainable. ..... a reference was made to a judgment reported as himachal pradesh university, shimla wherein the state of himachal pradesh enacted the himachal pradesh university act, 1970. ..... in pursuance of the provisions of the act, a notification dated 16.3.1970 was published specifying the districts of amritsar, gurdaspur, jullundur and kapurthala in the state of punjab as the areas in which the guru nanak university, amritsar shall exercise its powers and discharge its duties. .....

Moti Vs. Roshan and ors.

Court : Himachal Pradesh

Reported in : AIR1971HP5

..... appears that, under paragraph 32 of the himachal pradesh (courts) order, 1948, read with section 17 of the delhi high court act, 1966, and sections 23 and 25 of the state of himachal pradesh act, 1970, a second appeal lies on questions of law as well as of fact when the judgment and decree of the trial court is reversed by the first appellate court and the value of the subject-matter, where ..... for the plaintiff-appellant on section 45 of the himachal pradesh land revenue act ..... :--'an entry made in a record of rights in accordance with the law for the time being in force, or an annua_l record in accordance with the provisions of this chapter and the rules thereunder, shall be presumed to be true until the contrary is proved or a new entry is lawfully substituted therefor: provided that notwithstanding anything contained in this section any entry made during the period between the first day of april, ..... not in possession but had been dispossessed, technically speaking the suit would fall under section 42, specific relief act, and would be dismissed on the ground that he had omitted to ask for a consequential relief and had failed to prove his case. ..... stated by learned counsel for both sides that a registered document was not necessary in himachal pradesh for effecting a gift because under some notification said to have been made under section 1 of the transfer of property act the territory now in himachal pradesh was excluded from the operation of the provisions of section 123 of that act .....

Rattan Singh Vs. State of Himachal Pradesh

Court : Supreme Court of India

Reported in : 1996IXAD(SC)628; AIR1997SC768; 1997(1)ALD(Cri)410; 1997CriLJ833; 1996(4)Crimes282(SC); JT1996(11)SC218; RLW1997(1)SC73; 1996(9)SCALE258; (1997)4SCC161; [1996]Supp9SCR938

..... sessions court acquitted him but a division bench of the high court of himachal pradesh, on appeal by the state, convicted him under section ..... the high court treated the reasoning of the sessions judge for sidelining the evidence of two important witnesses as ..... filed this appeal under section 2 of the supreme court (enlargement of criminal appellate jurisdiction) act 1970 and also under section 379 of the crpc ..... such statement would also fall within the purview of section 32(1) of the evidence act in other words, it is not necessary that such circumstance should be proximate, for, even distant circumstances can also become admissible under the sub-section, provided it has nexus with the transaction which resulted ..... sessions court made a scathing criticism on the investigating officer for his failure to trace out finger impression ..... the accused to the questions put to him during such examination have a practical utility for criminal courts. ..... appellant, in course of time developed some infatuation for kanta devi and he started doting on her with libidinous designs, but she was not willing to ..... arrested and after completion of the investigation charge-sheeted him for the murder of kanta devi.5. ..... ex-army man - was challaned by the police for the said murder. ..... learned counsel for the appellant made an endeavour to persuade us to concur with the sessions judge's view that the omission (in the first information statement) regarding wresting of the gun from appellant is enough to conclude that the .....

V.P.R. Constructions Vs. Superintending Engineer, Roads and Buildings ...

Court : Andhra Pradesh

Reported in : [2001]124STC186(AP)

..... sales tax act, 1947 was struck down as beyond the purview of orissa state legislature and such amounts should be refunded forthwith by the state holding that 'section 13-aa should have been precisely drafted to make it clear that no tax was levied on that part of the amount credited or paid that related to inter-state sales, outside sales and sales in the course of import, particularly after the previous section 13-aa had been struck down by the orissa high court for the reason ..... in this case the appellant before the apex court challenged the vires of section 12-a of the himachal pradesh general sales tax act, 1968 and rule 31-a of the himachal pradesh general sales tax rules, 1970 before the high court. ..... on appeal, the apex court reversed the judgment of the orissa high court and held as under :'there can be no doubt, upon a plain interpretation of section 13-aa, that it is enacted for the purposes of deduction at source of the state sales tax that is payable by a contractor on the value of a works ..... that it was couched in terms wider than were permissible to the state legislature and that judgment was .....

Satluj Jal Vidyut Nigam Ltd. Vs. Raj Kumar Rajinder Singh(d)thru Lrs

Court : Supreme Court of India

..... late rajinder singh then filed civil suit no.15/1970 in which he took a somersault and prayed for a declaration of title and sought a declaration that the suit property was not the land under section 2(5) of the abolition act and as such it did not vest in the state of himachal pradesh. ..... a single bench of the high court dismissed the suit on merits and has recorded the finding that the land was not under personal cultivation and it had vested in the state and it was the land as defined in section 2(5) of the abolition act. ..... after remand of the case from this court 19 under section 27 of abolition act, the writ petition was withdrawn and civil suit no.15/1970 was filed and the same was dismissed by the high court. ..... " 40 it was stated by the counsel for late rajinder singh before the high court in rfa no.9/1973 that compensation had been received by rajinder singh and order had been passed on 10.6.1980 by the collector, rampur under the ceiling act. ..... 14 in view of the agreed position fairly stated by learned counsel for the parties and in our view, rightly, we allow these appeals, set aside the judgment of the high court which is under challenge; allow the petitions filed by the appellants under order 6 rule xvii cpc and under order 41 rule xxvii cpc and remand the matter to the high court for fresh disposal in accordance with law after giving opportunity of hearing to the parties. 23. .....

Umaji Keshao Meshram and ors. Vs. Radhikabai, Widow of Anandrao Banapu ...

Court : Supreme Court of India

Reported in : AIR1986SC1272; (1986)88BOMLR432; 1986(1)SCALE681; 1986Supp(1)SCC401; [1986]1SCR731; 1986(2)LC319(SC)

..... so far as high courts which came into existence after the commencement of the constitution are concerned, whenever new high courts were set up the relevant statute made provisions in that behalf, for instance, the andhra state act, 1953, the states reorganisation act, 1956, the bombay reorganisation act, 1960, the delhi high court act, 1966, and the state of himachal pradesh act, 1970. ..... section 28(1) of that act further provided that 'the high court of bombay shall become the high court for the state of maharashtra (hereinafter referred to as 'the high court of bombay'). ..... under section 51(2), the president could, after consultation with the governor of a new state and the chief justice of the high court for that state, by notified order, provide for the establishment of a permanent bench or benches of that high court at one or more places within the state other than the principal seat of the high court and for any matters connected therewith. ..... , allahabad, lahore and patna, the chief court in oudh, the judicial commissioner's courts in the central provinces and berar, in the north-west frontier province and in sind, any other court in british india constituted or reconstituted under the chapter as a high court, and any other comparable court in british india which his majesty in council may declare to be a high court for the purposes of this act:x x x x(2) the provisions of this chapter shall apply to every high court in british india.section 220(1), as amended by the india and .....