Judgment Search Results Home > Cases Phrase: state of himachal pradesh act 1970 section 21 high court for himachal pradesh Page 4 of about 2,373 results (0.209 seconds)

Divisional Manager, New India Assurance Co. Ltd. Vs. Biswanath Barman ...

Court : Orissa

Reported in : 1997ACJ78; 82(1996)CLT712; [1996(74)FLR2710]; (1997)ILLJ797Ori; 1997(I)OLR560

..... sharma v ramesh mahakud 1993 acj 385, it was held that under the above section 4a(3) of the act, the insurance company is not liable for the interest and penalty.we may now refer to the two decisions of the himachal pradesh high court, namely dromati devi v. ..... khatoon 1989 acj 862, a learned single judge of delhi high court took the view that under sub-section (3) of section 4a of the act the insurance company is not liable to pay interest and penalty. ..... we may now refer to the decisions of various high courts taking the view that under sub-section (3) of section 4a of the act employer is liable to pay interest and penalty.in oriental insurance co. ..... act, thus, it appears, according to the learned single judge of madhya pradesh high court that it is even open to an insurer to exclude in the policy any liability which is not statutory.we may refer to another decision of the madhya pradesh high court in new india assurance co. ..... we have stated so because the primary liability of paying compensation is also fastened on the employer as would appear from section 3(1) of the act, if an insurer is liable to indemnifythe employer for the latter's liability to pay compensation as visualised by section 3(1) of the act, we do not find any cogent reason to exonerate the insurer in paying the penalty fastened on the employer because of what is stated in section 4a(3) of the act. ..... moola singh 1970 acj 401(p&h;); kochu velu v. .....

Gulzar Khan Vs. State of Karnataka and anr.

Court : Karnataka

Reported in : 2001CriLJ3586

..... impugned notification addendum is required to be published under section 3(24)(b) of the karnataka general clauses act, otherwise it has no legal validity as held by the apex court, reported in air 2001 1102 (sic) and further not following the procedure contemplated under rule 4 of the rules and section 15 of the act which are mandatory is a fit case for this court for issue of a writ of quowarranto. ..... in support of this preposition he has placed reliance on the division bench judgment of the himachal pradesh high court, reported in air 1977 noc 246. ..... brief facts necessary for the purpose of considering the rival contentions and answering the same are stated as hereunder:the criminal case is registered under certain offences punishable under the indian penal code and section 3(2)(v) of the scheduled castes and scheduled tribes (prevention of atrocities) act of 1989 was enacted (in short it is called the act) before the jurisdictional magistrate court against the petitioners and others. ..... laid down by the division bench of the allahabad high court, reported in 1979 cri lj 243 at paragraph 5 and madras high court air 1970 mad 63 para 7 air 1954 bombay 41 head note (c) at paragraph 4 as the post of the 2nd respondent is a substantive public office and further contended that not issuing the notification under section 15 r/w rule 4 of the rules and the same amounts to usurper of public office as held by the apex court in the case reported in air 1977 sc 237 at paragraph .....

Virbhadra Singh & Anr. Vs.central Bureau of Investigation & Ors.

Court : Delhi

..... patwalia places reliance upon the notification om no.228/40/88- avd-ii(iii) of august, 1990 issued by the government of india, ministry of personnel, pg and pensions, whereby the central government, with the consent of government of himachal pradesh, has extended the jurisdiction of members of delhi special police establishment under section 6 of dspe act to the whole of the state of himachal pradesh for investigation of offences under the pc act and its attempt, abetments and conspiracies. ..... i now turn to examine the issue whether consent of the state government of himachal pradesh under section 6 of the dspe act is necessary for registering the fir/rc in the facts of the present case at delhi, and for carrying out the investigation into the said case within the area falling in the state of himachal pradesh. ..... (crl) 2757/2015 page 125 of 133 the appellate authority on the date of the passing of the order dated august 14, 1991 by the learned single judge of the karnataka high court for winding up of the company or on november 6, 1991 when the division bench passed the order dismissing o.s.a. ..... state of madras, (1970) 1 scc595 he further submits that reliance placed by the petitioners on the judgments of t.t. ..... vs shri gurudasmal & ors, 1970 (1) scc633 and the judgment of this court in surinder singh ahluwalia vs. .....

The Nalagarh Dehati Co-operative Transport Society Ltd., Nalagarh Vs. ...

Court : Himachal Pradesh

Reported in : AIR1981HP1

..... it was, inter alia, contended that clause 1 (a) of section 87 of the act having been deleted by the himachal pradesh cooperative societies (amendment) act, 1972, the award could no longer be executed as a decree. ..... the learned judge negatived the contention in view of section 4 (e) of the himachal pradesh general clauses act, 1968. ..... in any of the following contingencies:(i) where after a judgment is pronounced by a court, the supreme court or a larger bench of the same court renders a decision taking a different or contrary view on a point covered by the said judgment; or(ii) where the court so pronouncing a judgment has, for whatever reason, missed to take into consideration a decision of the supreme court or a high court taking a different or contrary view on a point covered by the said judgment.'2. ..... aruna-chalam, air 1974 mad 288, held that the failure of the petitioner to refer to a decision of the court due to inadvertence was not a ground for reviewing the order a single judge of andhra pradesh high court in rameswaraswami varu v. r. ..... nagaraj, air 1972 mys 44, a similar question came up for decision before the division bench-in that case the parties had failed to bring it to the notice of the court that the supreme court had overruled an earlier decision of mysore high court, the result was that the court following the overruled decision dismissed the writ petition. ..... state of bihar, air 1970 sc 1636 and javantilal amarathlal v. ..... air 1970 sc 1475.4. .....

Gursharan Singh Sandhu Vs. State of Haryana and ors.

Court : Punjab and Haryana

Reported in : 1(1984)ACC183

..... and state of himachal pradesh and ..... the high court of madhya pradesh in ..... of the matter the finding of the tribunal refusing to condone the delay is reversed and it is held that sufficient cause has been shown by the appellant for not making the application till 1st of september, 1973 and accordingly the delay is condoned.10. ..... proviso to sub-section (3) of section 110-a of the motor vehicles act confers powers on the tribunal to entertain a claim even after the expiry of the prescribed period if it is shown that the claimant had been prevented by sufficient cause from making the ..... the principle, therefore, affords a little guidance in the assessment of damages for the pain and suffering undergone and for the impairment which results from the injuries and in fixing such damages the judge can do no more than an endeavour to arrive at a fair estimate taking into account all ..... 216, that the expression 'sufficient cause' used in section 110-a has to be liberally considered so as to advance substantial justice where no serious negligence or inaction or want of bona fides is attributed ..... referred to as the principle of restitutio integrum, but it is manifest that no award of money can possibly compensate a man for such grievous injuries as the appellant in this case has suffered. ..... 3, but the petition is barred by time and there is no sufficient ground for condonation of delay in filing the same and that had the petition been filed within time the appellant would have been ..... , 1970 a.c.j .....

Om Prakash Sood and anr. Vs. State of Himachal Pradesh and anr.

Court : Himachal Pradesh

Reported in : AIR1985HP53

..... the court's attention has been invited to: (a) sections 3, 5, 8, 14 and 16 of the act, (b) rules 3, 4, 5 & 6 of the himachal pradesh municipalities (wards) rules, 1970 and (c) rules 3 to 18 and 32 to 65 of the himachal pradesh municipal election rules, 1970. ..... 42 and 44 of 1967, which came to be heard and decided by a full bench of three judges of the delhi high court (himachal bench). ..... the reason why the organisation of municipal governments as units of local self-government was not mentioned in article 40 is that prior to the enactment of the constitution, municipalities were already established under various state laws which provided for the management of the municipal government through elected representatives and the founding fathers, therefore, assumed that there was no need to reiterate the requirement of local self-government at the level. ..... sood states that since the writ petition is in the nature of a public interest litigation, the petitioners have expressed their desire to contribute the sum realised by way of costs to the high court legal aid and assistance fund from which free legal aid is being provided to the needy and poor litigants. ..... in de smith's judicial review of administrative action (fourth edition) it has been observed at p, 549 :'...........the high court has statutory power to order an election to a local government office to be held on a day appointed by it. .....

Tilak Raj Vs. the Chandigarh Administration and ors.

Court : Punjab and Haryana

Reported in : AIR1976P& H238

..... (1) notwithstanding that no provision or sufficient provision has been made under section 89 for the adaptation of a law made before the .appointed day, any court, tribunal or authority, required or empowered to enforce such law may, for the purpose of facilitating its application in relation to the state of punjab or haryana, or to the union territory of himachal pradesh or chandigarh construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the court, tribunal or authority. ..... that the union is the 'successor state' in relation to the union territory of chandigarh is further substantiated by the provisions of section 29(2) of the reorganisation act which deals with the allocation of the expenditure incurred in respect of the salaries and allowances of the judges of the common high court amongst the 'successor states'. ..... (air 1970 sc 1126), the question involved was as to whether the union territory of delhi was a 'state' in the eye of law for the purpose of entry 80 in list i, schedule vii, of the constitution. ..... (air 1970 sc 1126) (supra), it was held by me that the union territory of chandigarh was a 'state'.12. ..... union territory of chandigarh) decided on 27-7-1970 = (reported in air 1971 punj 181).7. ..... shri gurudasmal, air 1970 sc 1126; and a single bench decision of this court rendered in unreported criminal revn. no. ..... union of india, air 1970 punj 407 and m.l. ..... 32-m of 1970 (jarnail singh v. .....

Madhya Pradesh Power Generation Company Ltd Vs. Madhya Pradesh Electri ...

Court : Appellate Tribunal for Electricity APTEL

..... to the learned counsel, we are unable to concede to this position because in this case itself the supreme court took exception to the manner in which the calcutta high court exercised the power of writ jurisdiction while hearing appeal under section 27 of the electricity regulatory commission act, 1998. ..... governor- administrator of the union territory of himachal pradesh reported in (1972) 1 scr 940 wherein it was observed as follows: what the appellant really wants is a mandate e from the court to the competent authority to delete the concerned entry from the schedule a and include the same in schedule ..... we shall not go into the question whether the government of himachal pradesh on its own authority was competent to make the alteration in question or ..... first generation tariff and annual revenue requirements for the financial year 2005-06 based on the tariff application by the appellant and the madhya pradesh state electricity board was published on 25.01.2006. ..... reported in air 1961 sc 218, manohar lal chopra vs seth hira lal reported in air 1962 sc 527, nain singh vs koonwarjee reported in (1970) 1 sc 732 and held that section 151 is intended to apply where the code does not cover any particular procedural aspect, and interest of justice requires the exercise of power to cover a particular ..... koonwarjee reported in (1970) 1 scc 735. ..... thermal power station (stps) power house-1 unit 1: 06.10.1967 unit 2: 21.03.1968 unit 3: 14.05.1968 unit 4: 10.07.1968 unit 5: 21.03.1970 42 years 5. .....

Sujana Metal Products Limited Vs. Commercial Tax Officer, Panjagutta D ...

Court : Andhra Pradesh

Reported in : (2009)20VST405(AP)

..... equally efficacious alternative remedy by way of an appeal to the prescribed authority under sub-section (1) of section 23, then a second appeal to the tribunal under sub-section (3) (a) thereof, and thereafter in the event the petitioners get no relief, to have the case stated to the high court under section 24 of the act. ..... , state of himachal pradesh v. ..... state of jharkhand : air2005sc3425 , the supreme court approved the judgment of the high court of jharkhand, which refused to interfere with the order passed by the competent authority under the bihar and orissa public demands recovery act, 1914 on the ground of availability of ..... where it is open to the aggrieved petitioner to move another tribunal, or even itself in another jurisdiction for obtaining redress in the manner provided by a statute, the high court normally will not permit by entertaining a petition under article 226 of the constitution the machinery created under the statute to be by-passed, and will leave the party applying to it to seek resort to ..... reiterating that the rule of alternative remedy does not bar the jurisdiction of the high court to entertain the writ petition, but is a rule evolved by the superior courts for exercise of their discretion, observed as under:the wide proposition that the existence of an alternative remedy is a bar to the entertainment of a petition under article 226 of the constitution unless (1) there was a complete lack of ..... of income-tax : [1970]76itr692(sc) , joharmal murlidhar .....

Jenabai and ors. Vs. Gujarat State Road Trans. Corpn. and ors.

Court : Gujarat

Reported in : I(1991)ACC529; 1991ACJ585; (1991)1GLR352

..... state of himachal pradesh 1983 ..... and all rights to prosecute or defend any action or special proceeding existing in favour of or against a person at the time of his decease, survive to and against his executors or administrators; except causes of action for defamation, assault, as defined in the indian penal code, 1860, or other personal injuries not causing the death of the party; and except also cases where, after the death of the party, the relief sought ..... could not be enjoyed or granting it would be nugatory.a plain reading of section 306 of the indian succession act would go to show that as a general rule, actions founded upon proprietary rights would survive but the personal actions would not survive. ..... the principle of actio personalis moritur cum persona and also because of section 306 of the indian succession act, 1925, which says that cause of action for defamation, assault or other personal injuries not causing death does not survive ..... respondent filed second appeal before the high court and the appeal was allowed reversing the decree passed by ..... unfortunately, the tribunal applied the doctrine of actio personalis moritur cum persona along with the provisions of section 306 of the indian succession act in respect of the entire claim without taking into account the separate claim under the head of loss to the estate of the deceased, ..... singh 1970 acj .....