Judgment Search Results Home > Cases Phrase: state of himachal pradesh act 1970 section 31 right to appear or to act in proceedings transferred to high court of himachal pradesh Page 1 of about 602 results (0.329 seconds)

Dr. Jai Shanker (Lunatic) Through Vijay Shanker Brother Guardian Vs. S ...

Court : Supreme Court of India

Reported in : AIR1972SC2267; 1972CriLJ1526; (1973)3SCC83; [1973]2SCR1

..... section 464 it was for the magistrate, and not the high court, at that stage to decide whether there were reasons to believe that the accused was suffering from unsoundness of mind and to proceed with the inquiry, if he came to the conclusion that he had no such reason, that order did not direct and could not have directed the magistrate to proceed with the committal proceedings ..... mudgil, assistant professor of psychistry, himachal pradesh medical college and hospital, who reported that from a mere examination of the ..... 1970, the appellant's advocate once again filed an application for medical check up setting out therein various instances displaying abnormal and strange conduct on the part of the appellant right from his student days, as also during the proceedings in the court on august 31, 1970 ..... transferred to the court ..... was not possible to give a satisfactory opinion as to the state of mind of the accused and had recommended his removal to ..... section that the first thing that the magistrate has to do is to decide, when an accused person is brought before him who is suspected or alleged to be a person of unsound mind and before he proceeds with the inquiry, whether such person appears ..... high court held that there was sufficient evidence before the committing magistrate from which that magistrate could say that he had sufficient reason to believe that the appellant was not suffering from any unsoundness of mind, and that therefore, there was no necessity for him to act under section .....

Santokh Singh Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : AIR1990SC503; 1989(2)SCALE1431; 1990(Supp)SCC23; 1990(1)LC408(SC)

..... himachal pradesh high court ..... section 33 of the act, which was heard by shri rajni kant who by an order dated september 9, 1968 set aside the transfer ..... transfer of property in his occupation against the compensation payable to him, it is also true that shri santokh singh too is a displaced person and having been settled on this property for over a quarter century, it would appear manifestly unfair to dislodge unsettle him at this distance of time after he had fought legal battles for ascertaining his rights ..... proceedings for cancelling both the transfers ..... the property is indivisible would appear not to be correct, particularly in ..... 1970 ..... to the transfer of the property in their ..... high court ..... section 33 of the act ..... right to the transfer ..... section 33 of the act and we direct that the said order be complied with and the portions of the property in occupation of appellant santokh singh and respondent raghbir singh be transferred ..... transferred ..... transfer ..... right to get whole of the property transferred ..... appear ..... transfer ..... appear ..... transfer of portion 46a in favour of santokh singh and ordered the transfer ..... transferred ..... high court ..... high court ..... high court has gone on the interpretation of rules 25, 26 and 30 of the rules and has held that the appellant is not entitled to the transfer ..... transferred ..... himachal pradesh high court ..... transferred ..... transferred ..... section 24 of the displaced persons (compensation and rehabilitation) act, 1954 (hereinafter called 'the act ..... courts below have treated jagat singh as nonclaimant and we proposed to proceed ..... appearing .....

Chandra and Co. Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR1981Raj217

..... writ petition filed under article 226 of the constitution before the judicial commissioner of the state of himachal pradesh. ..... 199/1970 in this court challenging the orders passed by the estate officer and the district judge, bikaner in the proceedings that were earlier initiated by the state under the provisions of the act and in the said writ petition the petitioner had asserted that the petitioner was in possession ..... air 1958 punj 325, wherein it has been laid down that there is no principle of law which empowers a state government by force or show of force to evict a person who is in actual possession of immovable property and that if the state government was of opinion that the state had the superior title or the better right to possession, it is open to them to bring an appropriate action against him and to secure his eviction ..... the operation of section 91 of the specific relief act, 1877 as well as section 6 of the specific relief act, 1963, thus appears to be based ..... been deprived of the possession of the same by the state or its officers without the authority of law and the jurisdiction of the high court under article 226 of the constitution or the supreme court under article 32 of the constitution has been invoked and it has been held that the citizen who has been wrongfully deprived of the possession of property by the state is entitled to be restored back the possession of the ..... of holding over as envisaged under section 116 of the transfer of property act and that m/s. .....

Hem Raj Vs. State of Himachal Pradesh

Court : Himachal Pradesh

..... had gone to shimla to attend the ruby jubilee function of the high court and also to attend the meeting of the bar council of himachal pradesh and therefore, an application was filed before the learned judge praying that the case may be adjourned to some other date as his counsel is not able to attend the court on the date fixed. 2. ..... these circumstances, i direct that trial be immediately transferred from the court of learned additional sessions judge, mandi to the court of learned sessions judge, mandi who shall thereafter proceed with the case in accordance with law. ..... state of himachal pradesh, air 1981 sc ..... the principles as envisaged under section 407 of the code of criminal procedure have been considered in exten so by this court in kewal ram chauhan ..... , 264, has explained that "reasonable suspicion" test looks mainly to outward appearances while "real likelihood" test focuses on the court's own evaluation of the probabilities. ..... learned judge should have understood and comprehended that this was perse sufficient for depriving the accused of his right to fair trial. ..... union of india, air 1970 sc 150, laid down the need of "fair play" or "fair hearing" in quasi-judicial and administrative ..... in which the learned judge has acted, does not commend recommendations. ..... ) 9 scc 281 : (1996 air scw 2429), the settlement commissioner was held to be not competent to sit over his own earlier order passed as settlement officer under the displaced persons (compensation and rehabilitation) act, 1954. .....

S.K.G. Chini Mill Mazdoor Sang and ors. Vs. the State of Bihar and ors ...

Court : Patna

..... the case of the petitioners is that their services stood transferred to and they became employees of the state sugar corporation under section 11 of the 1976 act and therefore, there is no question of second transfer under section 11 of the 1985 act, while developing the case of the petitioners it was submitted by the learned counsel that the process of transfer/vesting of the services/employment was irreversible. ..... by judgment and order dated 12-7-1979 a learned single judge of the calcutta high court allowed the writ petitioners declaring the act as ultra vires being beyond the competence of the state legislature. ..... governor of himachal pradesh v. ..... only two days after on 31-10-1978 the calcutta high court passed interim order restraining state of bihar from taking possession of the undertakings. ..... it was submitted that section 18 of the 1985 act which contains the repeal and saving provisions provides that notwithstanding the repeal of 1976 act, the previous operation of the repealed enactment or anything duly done or suffered thereunder or any right, privilege, obligation or liability acquired, accrued or incurred under the repealed enactment or any penalty forfeiture or punishment incurred thereunder or any pending investigation proceeding etc. ..... from annexure-b to the counter-affidavit it appears that by an ordinance, namely, the bihar sugar undertakings (acquisition) (amendment) ordinance 1986 (bihar ordinance no. ..... avinash sharma, air 1970 sc 1576, lachmi narain v. .....

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

Court : Himachal Pradesh

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

..... the 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 ..... as noticed earlier, the high court of himachal pradesh was established under the state of himachal pradesh act,1970 which vested the high court of himachal pradesh with the same powers, to make rules, as delhi high court, in regulating its own ..... where it does not disclose cause of action, relief claimed is under-valued and plaintiff on being required by the court to correct the valuation within a time fixed by the court fails to do so, the plaint is insufficiently stamped and plaint fails to make good the deficiency of court-fees within the time: fixed by the court, if suit appears to be barred by any law from the reading of the plaint, plaint its not filed in duplicate and plaintiff ..... now commuting period from december 2, 2003, a period of ninety days expired on march 2, 2004 and the defendant-company under order 8, rule 1 lost its right to file the written statement, on march 3, 2004 even though the period was extended by the registrar on march 3, 2004 by six weeks but the defendant even within the further extended ..... in that case may be transferred to long causes or may .....

Moti Ram Vs. Param Dev and Another

Court : Supreme Court of India

Reported in : AIR1993SC1662; JT1993(2)SC251; (1993)IILLJ629SC; 1993(1)SCALE803; (1993)2SCC725; [1993]2SCR250

..... 18, 1989, shri karam singh thakur wrote a letter to the financial commissioner-cum-secretary (industries) to the government of himachal pradesh wherein it was stated that consequent upon amendment to second proviso to section (1) of section 6b of the himachal pradesh legislative assembly (allowances and pension of members) act, 1971, his pension had been revised to rs. ..... 1990, a notification was issued in the following terms:in exercise of the powers vested in him under section 7 of the himachal pradesh khadi and village industries board act, 1966, the governor, himachal pradesh is pleased to accept the resignation of shri karam singh thakur, chairman, h.p. ..... the high court was, therefore, right in taking the view that shri karam singh had ceased to hold the office of the chairman of the board having resigned from the said office on january 31, 1990, and the said resignation ..... before we proceed to deal with the appeals on merits, it may be mentioned that during the pendency of these appeals before this court, the himachal pradesh legislative assembly ..... scrutiny but his proposer, shri mani ram, advocate, was present and he was requested to ensure the appearance of shri karam singh before the returning officer on february 6, 1990 at 11.00 a.m. ..... union of india : (1970)illj13sc , it has been held :but when a public servant has invited by his letter of ' resignation determination of his employment, his services normally stand terminated from the date on which the letter of resignation is .....

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

Court : Himachal Pradesh

Reported in : AIR2000HP123

..... high court of himachal pradesh has been established under section 21 of the state of himachal pradesh act ..... of the andhra pradesh high court was obliged to deal with the cases where the decision rendered by the madras high court before 5-7-1954 if became binding on andhra high court after the formation of the state of andhra and the transfer of territories from madras to mysore under andhra state act, 1953. ..... 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 ..... for instituting summary proceedings under section 62 of the art ordinarily only bars the remedy and in the absence of any statutory provisions of the contrary does not extinguish the right of a tenant to file a civil suit to establish his rights under the common law within the period of limitation provided under the limitation act, 1963 for the ..... appears to us to prescribe the possibility of making an application or initiating proceedings in present at the time when cognizance of the civil court is invoked for the adjudication of any dispute on matter envisaged by section .....

Dr. S.P. Kapoor Vs. State of Himachal Pradesh and ors.

Court : Supreme Court of India

Reported in : AIR1981SC2181b; [1982(45)FLR1]; 1982LabIC9; (1982)ILLJ206SC; 1981(3)SCALE1666; (1981)4SCC716; [1982]1SCR1043; 1982(14)LC731(SC)

..... section 45 of the state of himachal pradesh act, 1970 lays down that 'the central government may give such directions to the government of the state of himachal pradesh as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this part and also the provisions of part 9 of the punjab reorganisation act. ..... the full fledged himachal pradesh state was formed under section 3 of the state of himachal pradesh act 53 of 1970, a central enactment, on and from the appointed day, 25.1.1971, and it comprised the himachal pradesh union territory. ..... 1971 had been written under the provisions of section 45 of the state of himachal pradesh act, 1970, equivalent posts must be determined and that nobody has fixed the equivalent posts and it is for the government of india to decide. ..... jiwan lal, contended that the basis of seniority has been rightly determined by the learned judges of the high court, and mr. ..... ' this was after the governor of himachal pradesh, in view of the central government's concurrence to the transfer of the officers of the central health cadre to the himachal pradesh health service and on the recommendations of the screening committee constituted under rule 1 of the rules, appointed nine doctors as professors on the teaching wing, 19 doctors as specialists in the teaching wing, 10 doctors including s.p. ..... therefore, the proceedings of the committee are vitiated. .....

State of Himachal Pradesh. Vs. Union of India and ors.

Court : Supreme Court of India

..... in exercise of the powers conferred on the central government under section 38 of the state of himachal pradesh act, 1970, the central government has passed an order dated 07.07.1972 called `the state of himachal pradesh (transfer of assets and liabilities) order, 1972'. ..... he finally submitted that even if this court holds that the plaintiff has a legal right to a share of power generated in the bhakra-nangal and beas projects, this court can only direct the central government to determine the share of himachal pradesh and cannot itself determine the share of himachal pradesh. mr. ..... the documentary evidence before the court, therefore, clearly establishes that the allocation of power to himachal pradesh to the extent of 2.45% of the share of the power of the composite state of punjab from both bhakra and beas projects was `tentative and ad hoc' and not final ..... ganguli, learned counsel appearing for the plaintiff, the legal rights of the plaintiff which have been affected by the construction of the bhakra-nangal project are the (a) natural right to the beneficial use of the water; (b) rights under the agreement executed with the raja of bilaspur and (c) constitutional rights of himachal pradesh over its water and land under entries 17 and 18 of list-ii of the seventh schedule to the constitution; (d) the statutory rights under section 78 of the punjab reorganisation act, 1966 and (e) the ..... it is in these circumstances only that the court has proceeded to hear and decide the suit. 58. .....