Court : Himachal Pradesh
Reported in : 2007(3)ShimLC28
..... and state of himachal pradesh and the petition is not ..... taken place due to the fault of the public works department of himachal pradesh who had thrown fresh earth cutting on the road which caused the accident ..... way of salary, allowances and he was earning rs ..... thus:the true rule of law is that the person who, for his own purposes, brings on his land, and collects and keeps there anything likely to do mischief if it escapes, must keep it at his peril, and, if he does not do so, he is prima facie answerable for all the damage which is the natural consequence ..... aware that the road conditions were not good and therefore, driving of the bus by him on that road itself was a negligent act, pw-6 manmohan singh chhinda has specifically stated that he was also travelling in the ill-fated bus and accident took place due to rash and negligent driving of the bus driver. ..... 1 has held that owner cannot escape the liability under section 166 of the act, even if there is no fault of the driver, while ..... of above discussion, the appeal is partly allowed, impugned award is modified, the petitioners namely ..... the tribunal allowed the petition vide impugned award and therefore, the appellant is in appeal ..... by showing that the escape was owing to the plaintiff's default, or, perhaps, that the escape was the consequence of vis major, or the act of god; but, as nothing of this sort exists here, it is unnecessary to inquire what excuse would be sufficient.19. ..... of 18 should have been allowed by the tribunal instead of .....
Tag this Judgment!Court : Supreme Court of India
..... respondent-accused was a former minister of the state of himachal pradesh. ..... single judge of the himachal pradesh high court released him ..... for cancellation of bail, it was submitted that considering the responsible and high office which the accused therein held and the wide influence which he could wield and the great hardship which the investigating agency would be subjected to while interrogating a person armed with an order of anticipatory bail, the discretion under section 438 should never have been exercised in his favour. ..... accused 6 and 7 used to threaten him and tell him that they would ask their daughter to set herself on fire and then lodge a false complaint against him and members of his family under section 498-a of the indian penal code (for ..... suicide notes to be genuine, we find it prima facie difficult to believe that accused 6 and 7 would threaten their son-in-law that they would ask their daughter to set herself on fire and then lodge a complaint against him, particularly, when admittedly at the relevant time their daughter was ..... for the appellants submitted that the complaint does not specifically state that the alleged harassment caused by the appellants was the ..... the view that since there was an allegation that gold ornaments worth rs.2,50,000/- were stolen by the accused and that the investigation as at nascent stage, the custodial interrogation of the accused was necessary. ..... have committed offence under section 13(2) of the prevention of corruption act, 1988. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC2577; 2000CriLJ3498; JT2000(8)SC82; 2000(II)OLR(SC)340; 2000(5)SCALE209; (2000)6SCC348; [2000]Supp1SCR567; 2000(2)LC1175(SC)
..... state of himachal pradesh ..... the full bench of the himachal pradesh high court missed the basic legal position in this regard that report of the public analyst alone is contemplated for instituting the prosecution and consent or sanction is necessary only for such institution, and that a post-institutional development while exercising a statutory right conferred on the accused for challenging the report of the public analyst during trial is not a premise for ..... article of food is adulterated, the local (health) authority shall, after the institution of prosecution against the person from whom the sample of the article of food was taken and the person, if any, whose name, address and other particulars have been disclosed under section 14-a, forward, in such manner as may be prescribed, a copy of the report of the result of the analysis to such person or persons, as the case may be, informing such person ..... ' in this context a reference to sub-section (5) will also be advantageous and it is extracted below:any document purporting to be a report signed by a public analyst, unless it has been superseded under sub-section (3), or any document purporting to be a certificate signed by the director of the central food laboratory, may be used as evidence of the facts stated therein in any proceeding under this act or under sections 272 to 276 of the indian penal code (45 of 1860):provided that any document purporting to be a ..... the aforesaid reasons we allow this appeal and set aside the impugned .....
Tag this Judgment!Court : Gujarat
Reported in : [2008(117)FLR675]; (2008)IIILLJ206Guj
..... put forth before us, namely, that(i) the central act prevails over the state act by virtue of article 254 of the constitution and section 40(3) is invalid and the claims are unsustainable;(ii) section 40(3) of the state act stood repealed on the coming into force of the andhra pradesh shops and establishments act, 1988 and gratuity became payable under section 47(5) of the state act where payment of gratuity is not payable under the central act;(iii) section 14 of the central act overrides other enactments in relation to gratuity, and(iv) the respondents have been paid gratuity under ..... the himachal pradesh high court has considered this aspect in the case of state of himachal pradesh v. ..... he also submitted that though two rules are in operation, then also provisions of the act are applicable as decided by the himachal pradesh high court in case of state of himachal pradesh v. ..... jirga jhaveri are not accepted, as it cannot be allowed to be raised before this court for the first time.13. ..... accordingly, she relied upon rule-5 which for the purpose of calculation of gratuity only basic pay as defined under bcsr rules will be taken into account exclusive of dearness allowance. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2009(2)ShimLC40
..... and public health department of the state of himachal pradesh ..... have passed appropriate order on the resignation of the petitioner within reasonable time and they did not do so, but that would not exonerate the petitioner of the charge of willful absence from duty for as long a period as six years and also for not obeying the orders of his transfer from shimla to bharmaur ..... absence from duty from 12.10.1984 to 5.3.1985 and again from 13.4.1985 to 23.12.1989 and also for his having not joined duty ..... framing of charge, holding of inquiry, inquiry report and the final order of penalty mainly on the grounds that inquiry officer was biased, charge-sheet had not been framed by the appointing authority and there was no material on record in support of ..... representation against inquiry report upheld the findings of the inquiry officer and ultimately imposed the penalty of compulsory retirement of service, vide order ..... procedure prescribed in rules 11 and 14 of ccs (cca) ..... and proceeded to avail the same without getting it sanctioned from the competent authority and ..... may, 1985 and he did not join at bharmaur and instead he submitted ..... order dated 9.4.2001 (annexure p-13), passed by the learned state administrative tribunal in original application 725 of 1994.2. ..... secretary to the government of himachal pradesh in the concerned department. ..... and ..... office of engineer-in-chief and asked for assigning work ..... the above stated position, ..... and ..... and also for not joining his duty at bharmaur pursuant to the transfer order and ..... and .....
Tag this Judgment!Court : Guwahati
..... himachal pradesh high court in state of himachal pradesh ..... held that the outer limit prescribed by rule 7(3) is mandatory and not directory and in no event and under no circumstances the full rigours of the rule should be relaxed so as to result in effective deprivation of the right of the accused under section 3(2) to get the sample in his possession analysed.12. ..... accused not guilty of any offence punishable under section 7(1) read with section 16 of the act.4. ..... is that on 15-12-1980 the area food inspector, tezpur visited the grocery shop of the accused respondent and collected one sample of tea, an article of food for human consumption after observing all the formalities under the provisions of the prevention of food adulteration act, 1954 and rules framed thereunder. ..... if we go through the provisions of the act and the rules i find that adequate safeguard has been made for the accused so that ..... 1) as required under clause (a) of sub-section (1) of section 11 of the act read with rule 12 of the rules was delivered to the accused ..... is true that the prevention of food adulteration act, 1954 was to remove the social evil of ..... question that has to be decided is whether rule 7(3) of the rules framed under the above act is mandatory or not.6. ..... a particular provision literally to its letter will tend to defeat that design, the provision must be held to be directory, so that proof of prejudice in addition to non-compliance of the provision is necessary to invalidate the act complained of. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1978Delhi536
..... . state of himachal pradesh following the ..... to note that the viewwe take receives substantial support not only from the above decision,of the high courts of rajasthan, bombay and himachal pradesh butalso of punjab (vide mahanta singh natha singh v ..... ofany offence triable exclusively by the high court orcourt of sessions, or any offence punishable with imprisonment (which may extend to seven years) or anyoffence under any of the following sections of the indianpenal code, namely, sections 161, 165, 165-a, 216-a, 369, 401, 435 and 477-a, the district magistrate, a presidency magistrate, a sub-ivisional magistrate or anymagistrate of the first class may, at any stage of the investigation or inquiry into, or the ..... ), permitted to be made beforethe court by a witness, and is thereforee evidence withinthe definition of section 3 of the indian evidence act the person making it was witness within the meaningof section 5 of the oaths act, and thereforee one toiwhom an oath or affirmation might be administered. ..... that came from the fire in the building or from the fire from the wicks ofthe petrol bombs, was that sufficient to enable the constableto identify the accused, even allowing for the acceptedfact that the constable knew the accused well? ..... :theappellant resumed his duty on the morning of june 8when he was put under arrest by inspector avtar singh.the attache-case which he was carrying contained issuesof the statesman dated 1/06/1970 and of sundaystandard and pratap dated 31/05/1970. ..... .....
Tag this Judgment!Court : Allahabad
..... housing board, (2012) 340 itr 0388, the himachal pradesh high court, interpreting section 2(28a) and 194a of the income tax act has held as follows:- "in case the houses were ready within the stipulated period the assessee would not be liable to pay interest. ..... 4.3) interest element is different than compensation as provided in section 171 of the motor vehicle act, 1988 that "where any claims tribunals allows a claim for compensation made under this act, such tribunal may direct that in addition to the amount of compensation simple interest shall also be paid at such rate and from such date not earlier than the date of making the claim as it may specify in this behalf. ..... govinda choudhury and sons, (1993) 203 itr 0881, hon'ble the supreme court has held that when there were disputes with the state government with regard to payments under the contracts, receipt of certain amount under the award of the arbitrators and the interest for delay in payment of amounts due to it, such interests were only an accretion to the respondent's receipts from the contract and was attributable to and incidental to the business carried on by it. ..... the commission further held as follows:- "the word used in the order of the state commission was not "interest" as defined in section 2(28a). ..... this amount is not compensation for the land acquired or for depriving the claimant of his right to possession but is paid to the claimant for the use of his money by the state. .....
Tag this Judgment!Court : Delhi
..... of the assessee being in respect of manufacturing of pet bottles in the state of himachal pradesh ;pet bottles being an article specified in the thirteenth schedule (sr. ..... assesee is engaged in the manufacture of petbottles in industrial area, barotiwalan, district solan himachal pradesh.ln the earlier years i.e; up to the ay 2004-05 , assessee was claiming deduction u/s 801b in respect of ..... apart from this, the learned counsel for the petitioner also drew our attention to the assessment order dated 29.3.2007 pertaining to the assessment year 2005-06 wherein the assessing officer had allowed the deduction claimed by the petitioner and had specifically noted as under:the assessee has filed necessary evidences it was also pointed out by the learned counsel that prior to the completion of the assessment, several letters ..... the 13th schedule of the said act read with the first schedule to the central excise tariff act, 1985, it would be clear that the petitioners product does not fall within the negative list and therefore the petitioner had rightly claimed deduction under section 80-ic of the said act which the assessing officer in the years in which the assessment had been completed under section 143(3) had allowed after examining the necessary evidence. ..... assessment year 2007-08 is concerned, a regular assessment had not been completed under section 143(3) of the income-tax act, 1961 (hereinafter referred to as the said act) and only an intimation under section 143(1) had been sent. .....
Tag this Judgment!Court : Delhi
..... of the assessee being in respect of manufacturing of pet bottles in the state of himachal pradesh ;pet bottles being an article specified in the thirteenth schedule (sr. ..... assesee is engaged in the manufacture of petbottles in industrial area, barotiwalan, district solan himachal pradesh.ln the earlier years i.e; up to the ay 2004-05 , assessee was claiming deduction u/s 801b in respect of ..... apart from this, the learned counsel for the petitioner also drew our attention to the assessment order dated 29.3.2007 pertaining to the assessment year 2005-06 wherein the assessing officer had allowed the deduction claimed by the petitioner and had specifically noted as under:the assessee has filed necessary evidences it was also pointed out by the learned counsel that prior to the completion of the assessment, several letters ..... the 13th schedule of the said act read with the first schedule to the central excise tariff act, 1985, it would be clear that the petitioners product does not fall within the negative list and therefore the petitioner had rightly claimed deduction under section 80-ic of the said act which the assessing officer in the years in which the assessment had been completed under section 143(3) had allowed after examining the necessary evidence. ..... assessment year 2007-08 is concerned, a regular assessment had not been completed under section 143(3) of the income-tax act, 1961 (hereinafter referred to as the said act) and only an intimation under section 143(1) had been sent. .....
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