Judgment Search Results Home > Cases Phrase: state of himachal pradesh act 1970 section 35 allowances and privileges of governor of himachal pradesh Page 1 of about 132 results (0.221 seconds)

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

Court : Patna

..... governor of himachal pradesh v. ..... 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. ..... as otherwise provided in the section, every person other than a director of a company or a subsidiary company of such company in whom the ownership, management or control of the scheduled undertakings was vested immediately before the appointed date shall, on and from the appointed day become an employee of the corporation and shall hold the office and service therein by the same tenure, at the same remuneration and upon the same terms and conditions, and with the same rights and privilege as to pension, gratuity ..... the petitions were ultimately allowed and the notification was held to be ultra vires and illegal on 12-7-1979. ..... 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 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. ..... rule 4 provides that: ii no written statement is filed by the defendant or defendants in a suit within the time allowed under rules 2 and 3, or any time extended by order, the suit shall be set down for final disposal on the next or subsequent short cause day. ..... the defendant indeed has the right to show good cause for his default and on showing such good cause, the court can allow the defendant to defend the suit subject to payment of cost.43.in the present case, as noticed earlier, the registrar in exercise of its power under sub-rule (26) of rule 3, chapter-i granted six weeks further extension to file the ..... it further provides if the defendant or one or more of several defendants, subsequently appear and show good cause for his or their default, he or they may be allowed to defend on payment to the plaintiff of such costs, if any, as may be awarded. .....

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

..... october 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 ..... february 12, 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 ..... ganguli has urged that the resignation of shri karam singh from the office of chairman of the board could he effective only after it was accepted by the governor of himachal pradesh who had nominated him to the said office and till the acceptance of the said resignation, shri karam singh continued to hold the office of the chairman of the board ..... . 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 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 .....

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 practice and procedure in the high court of delhi shall with the necessary modifications, apply in relation to the high court of himachal pradesh under section 25 of the act and the custody of seal of high court of delhi shall with the necessary modifications, apply with respect to the custody of the seal of the high court of himachal pradesh under section 26 ..... . we, therefore, held that the civil suit filed by a tenant dispossessed without his consent from his tenancy or part thereof, will in our opinion be not barred if it is instituted after the expiry of one year as provided under section 62 of the himachal pradesh abolition of big landed estates and land reforms act ..... . jawahar singh (1965) 67 pun lr 226 : (air 1965 punjab 321), mainly on the basis that there was material difference between section 50, 50-a of the punjab tenancy act and section 62 of the act of 1953, the learned judges observed that :--'it is quite clear that the problem which the punjab high court was concerned with is materially different from the problem which arises in the case in hand .....

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)

..... 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 ..... 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 ..... 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 ..... aforesaid letter dated 9.7.1971 from the ministry of health, family planning, department of health, government of india, addressed to the government of himachal pradesh, was written under the provisions of section 45 of the state of himachal pradesh act 1970. mr. ..... seen from what has been stated above and it is also admitted by the himachal pradesh government that the selection of the deputy directors and the director of health services from amongst the deputy directors had been made by the departmental promotion committee on 3.11.1979 itself and that even the orders of appointment had been issued on the same day with the approval of the governor of himachal pradesh. ..... 1980 is allowed and civil appeal no .....

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

Court : Supreme Court of India

..... 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'. ..... in relation to the beas project, the central government has also allowed a supply of 15 mw power to himachal pradesh from dehar power plant on ad hoc basis by letter dated 30.03.1978 of the ministry of energy, department of power, government of india and this arrangement has been ratified by the bhakra beas management board at its 76th meeting ..... under an agreement made on 15.08.1948 between the then governor general of india and the raja of bilaspur, the administration of bilaspur state was transferred to the dominion government of india and in lieu thereof the raja of bilaspur received a compensation of rs.70,000/- annually as ..... governor-general in council [air 1939 federal court 58] that the term `legal right' used in section 204 means a right recognized by law and capable of being enforced by the power of a state ..... by a notification dated 20.07.1949 the governor general of india ordered that on and from 01.08.1949 the territory of state of bilaspur, which had merged in the dominion of india, would be administered as if ..... governor, himachal pradesh, had written to the chief minister of punjab that himachal pradesh should be given guaranteed preference in the allotment of power generated from the power house to be set up at salappar (dehar) - .....

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

Court : Himachal Pradesh

Reported in : AIR1973HP30

..... replaced by the state of himachal pradesh. ..... 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 ..... provisionally allotted to the union territory of himachal pradesh under section 82 (1) of the punjab reorganisation act, 1966.3. ..... the time the only civil service in the union territory was the delhi himachal pradesh and andaman and nicobar islands civil service (conveniently described as the dhanic service). ..... , it is pointed out, the recommendations of the committee were considered by the union public service commission, a body, independent of the government of india and of the government of himachal pradesh and not open to the influence of any government officer. ..... 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 ..... the writ petitions are allow-ed. .....

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. ..... the constituent assembly considered all aspects of the issue with a view to providing an appropriate administration for what were called part c states, which included three former chief commissioner's provinces-delhi, ajmer and coorg and some erstwhile indian states which were retained as centrally administered areas after their merger with india; the latter group consisted of the following areas : himachal pradesh, bhopal, bilaspur, cooch-bihar, kutch, tripura, manipur and vindhya pradesh. ..... federal legislature; any tax levied in the chief commissioner's province could have been levied only by the federal legislature or the governor general, as the case may be; section 99(1) of the act provided that 'the federal legislature may make laws for the whole or any part of british indian or for any federated state and a provincial legislature may make laws for the province or for any part thereof; all this shows that the tax on lands ..... it is argued that such a stance is further reinforced by the introduction of part ixa into the constitution which allows for municipalities to be vested with substantial powers, including the power to tax, thereby providing constitutional support. ..... though they do have a separate identity within the constitutional framework, this will not enable them to avail of the privileges available to the states.144. .....

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

Court : Mumbai

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

..... state of himachal pradesh, through collector talwara, was relied upon. ..... we will succinctly point out that when a person receives compensation under protest and finally does not choose to go in a reference under section 18 and allows the period of limitation set out in sub-section (2) of section 18 to run out against him, then at the end of such a limitation period the proceedings come to an end and in no manner the person who has received a compensation under protest can re-open the case of the compensation awarded to him. ..... the allahabad high court has taken a view in the case that the crucial words in section 28-a are 'also aggrieved by the award of the collector' and since no change has been introduced either in section 18 or in section 31 of the act and no substantial change in section 11, an aggrieved person is only he who has received the award of the collector under protest. ..... on behalf of the government to the owner of the property, then the making of the award as properly understood must involve a communication of the offer to the party concerned and that is the normal requirement under the contract law and its applicability to the cases of awards made under the act cannot be reasonably excluded.the matter for consideration before the supreme court in harish chandra's case was as to whether when parties do not have notice of the .....

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

Court : Karnataka

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

..... state of himachal pradesh, (1938) 2 scc 442, 1983 scc (l and s) 342;gulzar ..... '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 ..... acts/rules/orders:industrial disputes act, 1947 - section 11-a;constitution of india - articles 226 and 227cases referred:uttar pradesh state road transport corporation ..... 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 ..... 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 back wages. ..... of the law laid down by the supreme court, a stringent view has to be taken against the delinquent workmen and any leniency in the matter of punishment is not warranted.under the circumstances, the order passed by the learned single judge and the industrial tribunal are set aside.the appeals are allowed accordingly. .....