Judgment Search Results Home > Cases Phrase: state of himachal pradesh act 1970 section 21 high court for himachal pradesh Court: chennai Page 1 of about 47 results (0.265 seconds)

A. Ashok Vs. the State of Tamil Nadu and Another

Court : Chennai

Reported in : AIR1992Mad172

..... state a division bench of the himachal pradesh high court has issued a mandamus to hold elections ..... state of madhya pradesh, air 1981 noc 58 wherein the nagpur high court, exercising its extraordinary jurisdiction, issued directions to the state government to hold elections where no elections were held for ..... state : air1978mp46 a division bench of the madhya pradesh high court has held that the re-constitution of councils must be done ..... affidavit that if special officers are appointed the possibility of the election in the near future will be ruled out, that the government will postpone the election by givng some lame excuse, that the reasons for the appointment of special officers are also not sound, that the term of the office of special officer will expire on 10-4-1991, that as per rule 10(1)(b) of the tamil nadu municipal cauncil conduct ..... municipal affairs, of the palayamkottai municipality, he has come up to this court with this writ petition styling as public interest litigation, the petitioner alleges in the affidavit that the municipal election took place for all the municipalities is tamil nadu on 23-2-1989, that the tenure of affice of the chairman and councillors was originally three years, that by tamil nadu act iv of 1989 it has been extended to five years and that the ..... cases by the learned counsel for the petitioner, such a provision likk sub-section (4a) of s. ..... government, rural development and local administration department madras, (1970) mlh hc71, ismail, ,1. .....

Ganesan Vs. State rep. By Deputy Superintendent of Police, Namakkal

Court : Chennai

..... the state of himachal pradesh), the supreme court observed as ..... convicted and sentenced by the trial court as tabulated hereunder: ad>sl.no.conviction under sectionsentence of imprisonmentfine1section 417 ipcsimple imprisonment for one yearrs.1,000/-, in default, to undergo simple imprisonment for one month2section 376(1) ipcrigorous imprisonment for ten yearsrs.5,000/-, in default, to undergo rigorous imprisonment for one month3section 3(2)(v) of the sc and st (prevention of atrocities) actrigorous imprisonment for ten yearsrs.5,000/- in default, to undergo rigorous imprisonment for one month the trial court ordered the sentences imposed on the ..... is made out to convict the appellant/accused for the offence under section 3(2)(v) of the sc and st act, the conviction and sentence for that offence is also not sustainable. 15. ..... of copy of the fir and evidence on record the case set up by the prosecutrix seems to be highly unrealistic and unbelievable. 17. ..... (1970 (2) scc 740) as under: "(i) there should be fraudulent or dishonest inducement of a person by deceiving him; (ii) (a) the person so deceived should be induced to deliver any property to any person, or to consent that any person shall retain any property; or (b) the person so deceived should be intentionally induced to do or omit to do anything which he would not do or omit if he were not so deceived; and (iii) in cases covered by (ii)(b), the act or omission should be one which causes or is likely to cause damage or harm to .....

Ekambaram Vs. State by: Inspector of Police, Ponneri, Thiruvallur

Court : Chennai

..... the state of himachal pradesh), wherein, the supreme court observed as ..... submissions of both sides and considering the oral and documentary evidence available on record, the appellant/accused was convicted by the trial court for the offence under section 376 ipc and sentenced to undergo seven years rigorous imprisonment and to pay a fine of rs.25,000/-, in default, to undergo one year simple imprisonment and he was also convicted for the offence under section 417 ipc and sentenced to undergo one year rigorous imprisonment. ..... her house and when she went to her house from the shop to have lunch, the appellant locked the door from inside and committed rape on her, in the cross-examination, p.w.1 stated that the key of the house was only with her and one has to enter into the house only through the shop which she was looking after. ..... (1970 (2) scc 740) as under: "(i) there should be fraudulent or dishonest inducement of a person by deceiving him; (ii) (a) the person so deceived should be induced to deliver any property to any person, or to consent that any person shall retain any property; or (b) the person so deceived should be intentionally induced to do or omit to do anything which he would not do or omit if he were not so deceived; and (iii) in cases covered by (ii)(b), the act or omission should be one which causes or is likely to cause damage or harm to ..... of copy of the fir and evidence on record the case set up by the prosecutrix seems to be highly unrealistic and unbelievable. 17. .....

Government of Tamil Nadu and ors. Vs. P. Hepzi Vimalabai

Court : Chennai

Reported in : (1995)1MLJ1

..... division bench, the learned counsel appearing for the public service commission raised the question of maintainability and entertainability of the petitions submitting that section 14 read with section 28 of the administrative tribunals act, 1985, excluded the jurisdiction of the high court and the appropriate forum before which the petitioners should have raised their grievances was the state administrative tribunal duly established and functioning in the state of madhya pradesh. ..... the state of himachal pradesh (1989 ..... the state of himachal pradesh (1989 ..... the state of himachal pradesh (1989 ..... extracted from the full bench decision of the himachal pradesh high court, by the division bench as hereunder, would make it beyond doubt or controversy this presumption of mine: their lordships, then went on to say: 'recruitment to a service of a civil post connotes the ideal of enlistment, acceptance, selection or approval for appointment to a service or to a civil ..... concerning recruitment' in sections 14 and 28 of the act so as to indicate that the tribunal shall have exclusive jurisdiction to deal with these matters and that the high court in view of the specific provisions contained in section 28, shall not have jurisdiction to entertain or adjudicate upon the petition in which questions relating to recruitment and matters concerning recruitment are raised.in view of the above, we are unable to subscribe to the view taken by the full bench of the himachal pradesh high court in the decision .....

Commissioner of Income Tax Salem Vs. The Salem Agricultural Producers ...

Court : Chennai

..... the interest earned by the assessee cooperative bank on fixed deposits with himachal pradesh state co-operative bank in compliance with the provisions of section 57 of the himachal pradesh co-operative societies act, 1968, the income derived from banking business is eligible for deduction under section 80 p (2) (a) (i) of the act. ..... [2009] 309 itr 106 (hp), the hon'ble himachal pradesh high court has considered section 80 p (2) (d) of the act. ..... placing reliance on the decision of himachal pradesh high court in commissioner of income tax vs. ..... and in the circumstances of the case, the tribunal was right in holding that the assessee is to be treated as primary agricultural society and is carrying on the business of banking or providing credit facilities to its members and is entitled for deduction under section 80 p (2) (a) (i) of the income tax act, 1961 with respect to the interest received from class b members who were involved in nonagricultural society? 2. ..... ramanathapuram district co-operative central bank ltd reported in [2002] 255 itr 423 (sc), a division bench of the himachal pradesh high court, at paragraph nos.10 and 11 held thus:- the karnataka high court in cit vs. ..... [2007] 289 itr 6, the apex court has held that where under the provisions of the cooperative societies act, the co-operative bank is statutorily required to place part of its funds in approved securities, the income attributable thereto is not taxable under section 80 p (2) (a) (i) of the income-tax act, 1961. .....

Somasundaran Alias Tembi and Others Vs. State by Inspector of Police

Court : Chennai

Reported in : 1997CriLJ1769

..... though i am in agreement with the principles laid down by the supreme court as well as the himachal pradesh high court, it is not applicable to the facts of the present case as the case on hand is at the stage of framing of charge only. ..... section 228(a) provides that if the court of sessions of opinion that there is ground for presuming that the accused has committed an offence not triable by the court of sessions but only triable by the magistrate then he may frame a charge against the accused in respect of the first class offence and by order transfer the case for trial to the chief judicial magistrate and thereupon the chief judicial magistrate shall try the offence in accordance with the procedure ..... i heard the government advocate appearing for the state who represented that the materials in the form of 161 statements of the witnesses and the medical evidence would clinchingly establish that there is a prima facie case under s. ..... in this case, though there are series of three acts (1) assault on mani (2) assault on witness kandaswamy and (3) insulting police officials by using filthy language and preventing them from discharging their duties took place as series of acts so connected together which forms as the same transaction. ..... however, the learned government advocate appearing for the state brought to my notice the decision reported in xavier etc. v. ..... in the fir it is stated that on 27-5-1991 at about 8.30 a.m. ..... state of h.p. ..... state of m.p. .....

Selvi J. Jayalalitha, Vs. the Union of India (Uoi), Rep. by Its Secret ...

Court : Chennai

Reported in : [2007]288ITR225(Mad)

..... state of himachal pradesh] : [1978]2scr621 [maneka gandhi v. ..... state of himachal pradesh], the supreme court held that if some material is brought on record, consistent with the innocence of the accused which may reasonably be true, even though it is not positively proved to be true, the accused would be entitled to the benefit of acquittal. ..... (1) in any prosecution for any offence under this act which requires a culpable mental state on the part of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution.explanation - in this sub-section, 'culpable mental state' includes intention, motive or knowledge of a fact or belief in, or reason to believe, a fact. ..... vaidyanatha iyer], the supreme court set aside the acquittal order passed by the high court on the ground that where there is a presumption of law, it is obligatory on the court to raise this presumption, which in that case was the presumption under section 4 of the prevention of corruption act, because unlike a case of presumption of fact, presumption of law constitutes a branch of jurisprudence and this special rule of burden of proof cannot be disregarded. ..... reginam (1970) 1 all e.r. ..... director of prosecution]>(1970) 1 all e.r. .....

Muruga Home Industries Vs. Government of Tamil Nadu and anr.

Court : Chennai

Reported in : (1996)ILLJ598Mad

..... to meet the above contention, learned counsel for the petitioner referred to state of himachal pradesh v. ..... the nature of power given under section 5 of the act should not be confused with the nature of the power given under special enactments such as the national security act and the appointment of judges to the high courts given under article 217 of the constitution. ..... of the constitution without the persons who would be vitally affected by its judgment being before it as respondents or at least by some of them being before it as respondents in a representative capacity if their number is too large, and, therefore, the allahabad high court ought not to have proceeded to hear and dispose of the sangh's writ petition without insisting upon the reserve pool teachers being made respondents to that writ petition or atleast some of them being made respondentsin ..... state of mysore : (1970)iillj403sc , wherein the supreme court has observed as follows: 'the fixation of minimum wages depends on the prevailing economic conditions, the cost of living in a place, the nature of work to be performed and the conditions in which the work is performed. .....

The Commissioner of Income Tax, Chennai Vs. M/S. Breeze Hotels Pvt. Lt ...

Court : Chennai

..... made by the respective parties therein the himachal pradesh high court observed that the object of the act as disclosed from the preamble is to provide for the levy of a tax "on expenditure incurred in certain hotels or restaurants" and the charge is of a percentage stipulated from time to time of the chargeable expenditure incurred in a hotel referred to in section 3(1) of the act, and the quantum of chargeable expenditure has to be determined in accordance with section 5 of the act. ..... different stand taken by the assessee and the department while interpreting the word "any" in their own way either to escape from the liability or to bring within the purview of the act respectively, the himachal pradesh high court pointed out that the extreme stands taken by both the parties, if accepted would result in not only counter productive results but defeat the very efficacy of law and render it easily violable ..... is restored to the file of the assessing officer for the purpose of conducting an enquiry as to the number of rooms which are given for accommodation on the charges exceeding the chargeable limit as provided for under section 3 and for making the assessment accordingly in terms of the law declared by the himachal pradesh high court reported in (1999) 238 itr 38 (h.p. ..... decision the himachal pradesh high court has considered the issue as to whether the provisions of the expenditure tax act are attracted in the case of expenditure in a hotel wherein the room charges for any one room .....

Petitioner Vs. Respondent

Court : Chennai

..... state of himachal pradesh), at paragraph no.24, the himachal pradesh high court had observed as follows:- "24. ..... shall deposit a sum of rs.1,00,000/- (rupees one lakh only) to the credit of crime no.492/s1 of 2016, on the file of the learned xviii metropolitan magistrate, saidapet, chennai, towards compensation for the deceased and it is open for the family of the deceased to approach the court and seek for withdrawal of the said amount of rs.1,00,000/- on filing appropriate petition and the learned magistrate, on proper verification of identity of the family members of the deceased munusamy, shall hand over ..... petitioner shall deposit a sum of rs.1,00,000/- (rupees one lakhs only) to the credit of crime no.492/s1 of 2016, on the file of the xviii metropolitan magistrate, saidapet, chennai, towards compensation for the deceased and it is open for the family of the deceased to approach the court and seek for withdrawal of the said amount of rs.1,00,000/- on filing appropriate petition and the learned magistrate, on proper verification of identity of the family members of the deceased munusamy, shall hand over ..... further, in this case, it is useful to refer section 185 of the motor vehicles act, 1988, which reads as follows:- "185. .....