Judgment Search Results Home > Cases Phrase: state of himachal pradesh act 1970 section 33 authorisation of expenditure pending its sanction by the legislature Court: punjab and haryana Page 1 of about 2 results (0.138 seconds)

Mrs.Nirmal Yadav Vs. Central Bureau of Investigation and Another

Court : Punjab and Haryana

Reported in : 2011(4)RCR(Cri)809; 2012(1)CriCC165

..... in special leave petition filed by state of himachal pradesh, the honble supreme court observed as ..... us sound principle to follow that once the statutory power under section 19 of the 1988 act or section 197 of the code has been exercised by the government or the competent authority, as the case may be, it is not permissible for the sanctioning authority to review or reconsider the matter on the same materials again. ..... because unrestricted power of review may not bring finality to such exercise and on change of the government or change of the person authorised to exercise power of sanction, the matter concerning sanction may be reopened by such authority for the reasons best known to it and a different order may be passed. ..... in this case is: whether on the facts and the circumstance of this case, the director, cbi, who has not given his own independent opinion, was right in referring the matter for opinion to the attorney general of india, particularly when the entire investigation and law officers' team was ad idem in its opinion on filing of the charge-sheet and only on the dissenting opinion of the director of prosecution, whose opinion is also based on the interpretation of the legal evidence, which stage has ..... -in-above shall be construed to be an expression of opinion on merits of the case pending before the trial court nor any observation made in this judgment shall preclude the petitioner from seeking production of relevant record during the trial, if permissible in law. 80. .....

Harbans Lal Vs. State of Punjab

Court : Punjab and Haryana

Reported in : 1998CriLJ162

..... before the himachal pradesh high court in the case state of himachal pradesh v. ..... section 13(2-b) of the act says that:on receipt of the part or parts of the sample from the local (health) authority under sub section (2-a), the court shall first ascertain that the mark and seal or fastening as provided in clause (b) of sub-section (1) of section 11 are infact and the signature or thumb impression as the case may be, is not tampered with and despatch the part or, as the case may be, one of the parts of the sample under its own seal to the director of central food laboratory who shall thereupon send a certificate to the court in the prescribed form within one month ..... this is a petition filed by harbans lal (hereinafter described as 'the petitioner') seeking quashing of the complaint and the subsequent proceedings pending in the court of judicial magistrate 1st class, patti.2. ..... the complaint and the subsequent proceedings pending before the judicial magistrate, patti are quashed. .....

Smt. Smali Bagga Vs. State of Punjab and anr.

Court : Punjab and Haryana

Reported in : 1997CriLJ45

..... state of himachal pradesh air 1987 him. ..... what emerges from a perusal of the various judgments rendered by the apex court and cited by the learned counsel for the parties at the bar-can be summed up in the words of the himachal pradesh high court in the case of kamla devi air 1987 him. ..... it has been admitted that a petition under section 25 of the guardians and wards act, 1890 read with the provisions of the hindu minority and guardianship act, 1956, has been filed for the custody of the children and is pending in the court, but it is alleged that the same would take a long period and would defeat the very objective of the welfare of the children.3. ..... 3, and a division bench judgment of the himachal pradesh high court rendered in kamla devi v. ..... the learned counsel has also argued that since the petitioner has already approached a proper court for proper relief under the relevant provisions of the guardians & wards act, read with the provisions of hindu minority and guardianship act, this court in exercise of its extra-ordinary jurisdiction in the nature of habeas corpus should not interfere especially in view of the fact that the petitioner is unable to maintain even herself what to speak of maintaining and looking after the welfare of the two minor children. ..... the only fear of the-petitioner is that a civil matter takes a long course for its final disposal. .....

Rajpal Singh Vs. the Union of India and ors.

Court : Punjab and Haryana

Reported in : AIR1986P& H239

..... state of himachal pradesh, 1982 acj 99: (air 1982 him pra 11), while considering the contention of the claimant that he be awarded compensation against the government of himachal pradesh as it had failed to maintain the road because it was the sagging of the road that had led to the accident held that the respondent-state of himachal pradesh although being, the owner of the road and responsible for its maintenance might be liable in fort for such a claim but on a consideration of the scheme of the act and the context in which s. ..... this provision, in my view, in no way indicates either that the jurisdiction of the claims tribunal is confined to give award against the insurer, or owner or driver or curtails the jurisdiction conferred on the tribunal under the earlier portion of the section which authorises him to determine the amount of compensation to be payable to the claimants or any one of them. ..... the legislature being aware of the increasing number of the accidents involving motor vehicles and the resultant misery to the persons involved in the accident or their dependents and the immediate need for financial succour provided a special forum (speedy and inexpensive) in the form of motor accident claims tribunal for adjudicating upon the claims for compensation in respect of accidents involving the death of, or bodily injury to persons arising out of the use of motor vehicles, or damages to any property of a third party so arising or both and it also sought .....

Shiromani Gurdwaras Parbandhak Committee, Amritsar and anr. Vs. Lachhm ...

Court : Punjab and Haryana

Reported in : AIR1970P& H40

..... and himachal pradesh) can make their own laws in the scheme of the reorganisation act (section 91) to provide for all sorts of authorities and bodies, even including a judicial commission, but he has stressed that the scheme of the reorganisation act is that the bodies functioning in the present state of punjab continue as before the date of reorganisation and in this respect, so far as the judicial commission is concerned, the learned attorney-general has pointed out (i) that the judicial commission has existed in the state of punjab at the commencement of the reorganisation act, (ii) that since then its members have ..... further, the board has control over the budgets of the committees of the notified sikh gurdwaras and if the budgets provide for expenditure not authorised by the act or in accordance with a scheme of administration settled under the provisions of the act, it is the function of the board to ask the committee concerned to modify its budget by removing such defects, but if the committee does not comply, the function of the board is then performed by the judicial commission, on an application by the board, in passing an order against the committee directing it to comply with the modification of the budget as the commission considers just and proper. .....

M/S. Jyoti Video theatre Vs. State of Haryana and Others

Court : Punjab and Haryana

Reported in : AIR1992P& H48

..... further submitted that state of himachal pradesh had separately defined video exhibition in the himachal pradesh entertainment duty act, for taking video exhibition out of larger class of cinematograph for the purpose of levy of entertainment duty and separate rules had been framed for the grant of licence to the video parlours. ..... state of himachal pradesh, air 1984 him pra ..... it was under these circumstances that the himachal pradesh high court held that defining separately video exhibition for the purpose of entertainment duty was perfectly ..... this was precisely done in the himachal pradesh, as is evident from the reported judgment in parkash chand anand mandi ..... was inserted by the state of haryana in the year 1984 as also insertion of rule 8-a in the entertainment duty rules of 1956, the intent of the legislature was to treat the v.c.r. ..... there is an act known as punjab entertainment duty act, 1955 (hereinafter referred to as the entertainment duty act), which is applicable in the state of haryana also, under which the state government is authorised to levy duty on various types of ..... after the substitution of the above-mentioned section and the rule, it had been provided that video parlours of the capacity up to 99 seats would be charged according to the population of the town/village where such video parlour is located and as far as video parlour with 100 seats or above is concerned the entertainment duty would be equal to that paid by a regular cinema irrespective of its location .....

Pushpa and anr. Vs. Gurbax Singh and anr.

Court : Punjab and Haryana

Reported in : (2008)152PLR207

..... he would first contend that the order of retirement as produced on record is issued by secretary, himachal pradesh state electricity board, and as such, would be invalid on the ground that appointing authority of respondent, gurbax singh, was chief engineer and, thus, the aspect of retirement was not properly established from the evidence and documents placed on record. ..... it is further observed in this case that the heirs of the deceased tenant in the absence of any provision in the rent act to the contrary will step into the position of the deceased tenant and all the rights and obligations of the deceased tenant including the protection afforded to the deceased tenant under the act will devolve on the heirs of the deceased tenant. ..... the respondent-landlords had filed this petition under section 13-a of the east punjab urban rent restriction act, 1949 (for short, 'the act') averring that the house in question was taken on rent by darshan lal (since deceased) at the rate of rs. ..... it is further pleaded that required ingredients of section 13-a of the act are not fulfilled. ..... it is on this basis submitted before me that the certificate of retirement, as produced, would not be a valid certificate to be taken into consideration to entertain this petition under section 13-a of the act.4. .....

Jindal Strips Limited and anr. Vs. State of Haryana and ors.

Court : Punjab and Haryana

Reported in : (2008)12VST149(P& H)

..... the use of men or animals;(h) the planting and preservation of trees, and the establishment and maintenance of public parks and gardens;(i) the taking of a census, the registration of births, marriages and deaths, public, vaccination and any sanitary measure;(j) the holding of fairs and industrial exhibitions;(k) the preparation and maintenance of a record of rights in immovable property;(l) all acts and things which are likely to promote the safety, health, welfare or convenience of the inhabitants or expenditure whereon may be declared by the committee, with the sanction of the state government to be an appropriate charge on the ..... it lays down that notwithstanding anything in article 302, neither parliament nor the legislature of a state shall have power to make any law giving, or authorising the giving of, any preference to one state over another, or making, or authorising the making of, any discrimination between one state and the another, by virtue of any entry relating to trade and commerce in any of the lists in the seventh schedule. ..... state of maharashtra [2004] 135 stc 25, judgment of the honourable supreme court in state of himachal pradesh v. .....

Bhagat Ravi Dass Transport Company Regd. Vs. the State of Punjab and A ...

Court : Punjab and Haryana

..... ) 91 has upheld the levy of tax on vehicles for using national highways under section 3a of the himachal pradesh motor vehicles taxation act 1973. ..... the fact that the statute provides for refund of the tax, if the authority is satisfied that the vehicle has not been used, does not mean that the legislature can only make a provision for levy of tax which is limited c.w.p.no.17240 of 2011 [ 18 ].for the period of actual use or that no tax can be levied during the period the vehicle is not put to use in the state. ..... as stated earlier, in the matter of taxation the rate of tax and the objects to be taxed are to be determined by the legislature and unless it is found to be so unreasonable, the court would not interfere with the latitude enjoyed by the legislature in this behalf. ..... as per the consistent law of the supreme court as laid out in the above mentioned judgments, we have no hesitation to come to a conclusion that the respective amendments made in the punjab motor vehicles act in 2007, 2009 and 2011 were made by the state legislature exercising powers conferred on it by entry 57 of list ii of the schedule. ..... the impugned levy of tax as per the amendments is beyond the legislative competence of state legislature in exercise of its powers under entry 57 of list ii of viith schedule of the constitution. .....

Mahabir Vs. Sadhu Ram and anr.

Court : Punjab and Haryana

Reported in : (2005)140PLR68

..... state of himachal pradesh and ..... the judgments on which reliance has been placed by the learned counsel do not have any bearing on the question raised because in the case of banarsi das and another (supra) and division bench judgment of himachal pradesh high court in om parkash's case (supra) the legal question decided is whether the trial court has to decide the issue as a preliminary issue or all the issues are required to be taken up together in case evidence needs ..... and a division bench judgment of himachal pradesh high court in the case of om parkash and ors ..... the document showing the mortgage in favour of dewan singh by chandu and transfer of mortgagee rights in favour of the plaintiff-appellant are unregistered documents and, therefore, have been held to be inadmissible in evidence as per section 17(2) of the indian registration act, 1908 (for brevity, 'the act ..... the transfer of mortgagee rights in favour of the plaintiff-appellant has been effected by unregistered documents which have been taken on record as mark 'c' and mark 'd' and are inadmissible in evidence under section 17(2) of the act ..... plaintiffs appeal filed under section 100 of the code of civil procedure, 1908 (for brevity, 'the code') challenging concurrent findings of facts recorded by both the courts below.2. ..... settled that the question of possession is a question of fact and it would not give rise to a question of law warranting admission of a second appeal in exercise of jurisdiction under section 100 of the code. .....