Judgment Search Results Home > Cases Phrase: state of himachal pradesh act 1970 section 33 authorisation of expenditure pending its sanction by the legislature Page 1 of about 50 results (0.285 seconds)

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 was established under section 21 of the state of himachal pradesh act, 1970. ..... 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), 'rules' for short ..... is nothing inconsistent in the original side rules with the provisions of the state of himachal pradesh act which established the high court of himachal pradesh. ..... 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 procedure on the original side. ..... a bare reading of rule 1 of order 8 would show that the legislature has limited the time to file written statement to thirty days from the date of service of the summons though such time can be extended by the court, (or reasons to be recorded in writing but not beyond ninety days of the service of the summons. ..... notwithstanding that an application has been made under sub section (1) and that the issue is pending before the judicial authority, arbitration may be commenced or continued and an arbitral award made.11 .....

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

..... 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 ..... was held that if the election is challenged on the ground of commission of a corrupt practice the dissolution of the legislature would not have any effect on the pendency of an election petition or an appeal arising therefrom and the said petition will have to be considered on its merits whereas a challenge to the election on any other ground which does not entail future disqualification would raise academic issue only and in view of the dissolution of the legislature the election petition or the appeal arising therefrom would ..... that on the basis of the said orders, he was authorised by the senior dag(a&e;), himachal pradesh. ..... 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 accepted by the appropriate authority, and in the absence of any law or rule governing the conditions of his service to the contrary, it will not be open to the public servant to withdraw his resignation all or it is accepted by the ..... the effect of dissolution of the legislature on a pending election appeal .....

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

Court : Himachal Pradesh

Reported in : AIR2000HP123

..... in order to appreciate the issue, we propose to deal with the various provisions of the state of himachal pradesh act, 1970.21. ..... the high court of himachal pradesh has been established under section 21 of the state of himachal pradesh act. ..... it would, therefore, be reasonable to infer that the legislature barred only these suits from the cognizance of a civil court where there was no dispute between the parties that a person cultivating land or who was in possession of the land was a tenant, this is precisely what has been held in the two decisions of the lahore high court relied upon by mr. ..... from the plain reading of the provisions of section 62 of the act, the necessary intendment of incorporating these provisions is merely to provide for an application to revenue officer who will decide the application in summary proceedings and there is no procedure in regard to the nature of inquiry to be held in its disposal and such application has to be made within one year from the date of dispossession or ejectment of the tenant who has been dispossessed without his consent from his tenancy or any part thereof otherwise than in execution of a decree, whereas under .....

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. ..... kapoor was serving at a station which was in the territory of the former punjab state prior to the date of its organisation, which later became part of the himachal pradesh union territory under section 5 of the punjab reorganisation act, 1966 as mentioned above. ..... when the himachal pradesh union territory was in existence, its health department was manned by officers of the central health service, but after himachal pradesh became a full-fledged state, the himachal health service was constituted on 24.1.1974 under the himachal pradesh health service rules, which came into force on 19.1.74 and the members of the central health service serving in the erstwhile himachal pradesh union territory were asked to exercise their option to continue in the new himachal pradesh health service. .....

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 ..... the provisions of article 3 of the constitution, parliament has the power to form a new state by separation of territory from any state or by uniting two or more states or parts of states or by uniting any territory to a part of any state, increase the area of any state, diminish the area of any state, alter the boundaries of any state and alter the name of any state, but under article 3, parliament cannot take away the powers of the state executive or the state legislature in respect of matters enumerated in list-ii of the seventh schedule to the ..... the secretaries to the government of punjab, haryana and rajasthan on the subject `financial arrangements for bhakra and beas projects', in which it is reiterated that the allocation was purely on ad hoc and tentative basis and was to be without prejudice to the rights of governments of punjab and haryana and was subject to re-adjustment later when final allocation of debt liability is made and the ratio in which capital and reserve expenditure in respect of the project is decided in terms of the provisions of section 54(3) of punjab reorganisation act, ..... and this supply was to be on ad hoc basis, at bus bar rates, pending final decision about its share of power which was to be examined separately. .....

D.K. Khanna Vs. Union of India (Uoi) and ors.

Court : Himachal Pradesh

Reported in : AIR1973HP30

..... an order was made under section 82 (2) of the punjab reorganisation act by the central government declaring that all the persons belonging to the punjab civil service (executive branch) who were required 'provisionally to serve in the union territory of himachal pradesh were finally allotted to that union territory, with effect from november 1, 1966. ..... was replaced by the state of himachal pradesh. ..... the himachal pradesh administrative service was constituted, and to its cadre the central government allocated 74 members of the dhanic service, the first 17 in order of seniority being: 1. ..... air 1970 sc 150 in a judgment which has become a classic in our times, that the dividing line between an administrative power and a quasi judicial power was quite thin and was being gradually obliterated, and that for the concept of the rule of law to retain its vitality in a welfare state where the jurisdiction of administrative bodies was increasing at a rapid rate it was necessary that instrumentalities of the state should be charged with the duty of discharging their functions in a fair and lust manner. ..... the state government is required to forward the list to the union public service commission for its approval (reg. 6). .....

New Delhi Municipal Committee Vs. State of Punjab, Etc. Etc.

Court : Supreme Court of India

Reported in : AIR1997SC2847; JT1997(1)SC40; 1996(9)SCALE613; (1997)7SCC339; [1996]Supp10SCR472

..... . himachal pradesh ceased to be a union territory by virtue of the state of himachal pradesh act, 1970 ..... . it reads:nothing in this sub-section shall authorise the imposition of any tax which the provincial legislature has no power to impose in the province under the constitution-provided that a committee which immediately before the commencement of the constitution was lawfully levying any such tax under this section as then in force may continue to levy such tax until provision to the contrary is made by parliament.42 ..... this general proposition flows from clause (1).clause (2) then provides an exception and authorises the union to impose a tax in respect of the income derived by the government of a state from trade or business carried on by its, or on its behalf; that it to say, the income from trade or business carried on by the government of a state or on its behalf which would not have been taxable under clause (1), can be taxed, provided a law is made by parliament in that behalf. ..... the legislatures created by the 1963 act for certain union territories owe their existence and derive their powers from the act of the parliament and are subject to its over-riding authority. ..... . it was held:in that view of the matter the rule in question its wide amplitude sanctioning the withholding of permission for admission of girl students in the boys minority school is violative of article 30 .....

Shri Ramanand Laximidhar Kunde and anr. Vs. Special Land Acquisition O ...

Court : Mumbai

Reported in : 1994(2)BomCR502; (1994)96BOMLR992

..... . state of himachal pradesh a.i.r ..... state of himachal pradesh a.i.r. ..... state of himachal pradesh, (through collector talwara) a.i.r. ..... state of himachal pradesh, through collector talwara, was relied upon. ..... the himachal pradesh high court has also taken a view that any person interested irrespective of whether he has received compensation from the land acquisition officer/collector with or without protest can seek re-determination of compensation under section 28-a in the decision of smt. ..... state of uttar pradesh, : air1992all170 wherein a view is taken which is diametrically opposite to the view taken by the himachal pradesh high court in the decision of smt. ..... . viewed in that context it appears that what the legislature intended was to give a fresh opportunity to the persons or carve out a new remedy for all those who had missed the making of the reference with or without protest earlier ..... . he says that the legislature never contemplated such a situation ..... . legislature did not say that for making reference under sub-section (3) of section 28-a the party is required to accept the award of the collector under protest ..... . state of haryana, : [1991]188itr402(sc) , the apex court held that precedent is for what it decides.the reference in para 5 to contract act in the decision of harish chandra, : [1962]1scr676 , (supra) must be viewed in its context .....

The Managing Director, Bharath Gold Mines Limited, Kolar Gold Field Vs ...

Court : Karnataka

Reported in : [2001(88)FLR465]; 2000(4)KarLJ400; (2000)IILLJ1367Kant

..... 'the learned counsel for the petitioner has invited our attention to the decisions of this court in bhagat ram v state of himachal pradesh , and gulzar singh v state of punjab and has submitted that in the facts of this case the high court was right in taking the view that the penalty of termination of services was disproportionate to the misconduct ..... state of himachal pradesh, (1938) 2 scc 442, 1983 scc (l and s) 342; ..... however, the law laid down by the supreme court in uttar pradesh state road transport corporation v basudeo chaudhary and another, reads thus:'having regard to the findings that have been recorded by the labour court, it is evident that this is a case where the petitioner had tried to fabricate the record regarding recovery of fare to show that the passengers had travelled for a lesser distance from khalilabad to gorakhpur although they had actually travelled from ..... acts/rules/orders:industrial disputes act, 1947 - section 11-a;constitution of india - articles 226 and 227cases referred:uttar pradesh state road ..... therefore, unable to uphold the judgment of the high court'.in the instant case, the allegation made against the respondent is, committing theft of the property of the management which is a very heinous act. ..... the tribunal found that the charge of theft, fraud and illegal possession of mining sponge gold has been proved, however, taking a lenient view by invoking the powers under section 11-a of the industrial disputes act, ordered reinstatement without .....

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 registrar of the appellant no.2 - university then wrote to the special secretary (health) to government of himachal pradesh vide letter dated 04.06.2015, asserting that the 2010 act authorised the appellant no.2 - university to conduct its own entrance test, in view of the recent decision of the supreme court. ..... in view of the stand taken by the state government, the fee committee constituted for fixation of fees, in its meeting held on 07.07.2015 recommended that since the affiliation of appellant no.1 - medical college was under dispute and reference in that behalf was pending with the central government, in the meantime, necessary amendments ought be made to the 2010 act and the 2006 act, to the extent that all the medical courses in any institution under any university shall be regulated under the private medical institutions under 2006 act .7. ..... it is to be noted that the act passed by the state legislature accords recognition to maharishi markandeshwar university trust and for that purpose the responsibility of paying salary as well as maintaining an endowment fund with the govt. ..... it is therefore, not open to the appellants to now question the intention of the state legislature much less contend that the amended provisions of the 2006 act are ultra vires. .....