Court : Supreme Court of India
..... . state of himachal pradesh [(2012) scc online hp2574 ..... . on an analysis of the aforesaid judgments from various high courts, we find that the high courts of andhra pradesh, bombay, delhi, gauhati, himachal pradesh, jammu & kashmir, karnataka, and madhya pradesh, are right in holding that if domestic incident report has been received by the magistrate either from the protection officer or the service provider then it becomes obligatory on the part ..... the high court of himachal pradesh in rahul soorma ..... been passed by 26 any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the magistrate under this act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the code of civil procedure, 1908 (5 of 1908), or any other law for the time being in force, be executable for the ..... , while dealing with the scope of a proviso and explanation to sub - section (2) of section 10 of tamil nadu buildings (lease and rent control) act, 1960, this court held that a proviso ..... that the stridhana given to her at the time of her wedding was never allowed to be enjoyed by her and even following her exit from her matrimonial home, the stridhana was being used by her ..... judgment dated 12th may, 2011 partly allowed the application filed by the aggrieved person and directed the respondents to pay rs.10,000/- as monetary compensation for insulting and maligning the aggrieved person. ..... is .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(3)BomCR510; 1991(1)MhLj1128
..... state of himachal pradesh & ..... in my judgment, the observations of the himachal pradesh high court are apt and proper in the context of time and situation and have more than a persuasive effect in the process of the decision ..... for the petitioners, placed reliance on the decision of the himachal pradesh high court, laxmandas v. ..... that it would be irrational and unrealistic to assume that a rustic or an illiterate villager must be aware of the provisions of section 18 read with the second proviso the sub-section (2) of section 31 of the act and to infer from his conduct amounting to the acceptance of the compensation without any express protest an intentional relinquishment of his own legal right or a representation deliberately made to the effect that he would not prosecute the further remedy available to him by way of a reference under section 18 of the act. ..... it appears that thereafter, provisions of section 6 and section 9 of the land acquisition act were complied with, and, in the land acquisition proceedings before the land acquisition officer, these claimants lodged their claims, inter alia, contending that alongwith lands in question, their residential houses are also acquired, as a result ..... it is observed that the person against whom waiver is to be pleaded, must be aware of his existing legal right or privilege, which, by his words, deed or conduct, he must be shown to have intentionally and voluntarily given up. ..... the foregoing discussion is that these revisions are allowed. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1997CriLJ45
..... state of himachal pradesh ..... the petitioner, has argued that the remedy by way of a writ in the nature of haveas corpus is quite independent of the statutory remedy available under the guardians and wards act and the mere fact that the petitioner has filed a petition claiming the custody of these minor children in the guardians court is no bar in filing the present petition. ..... 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 ..... 5 years on the date of the filing of the present petition and in view of the provisions of section 6 of the hindu minority and guardianship act, 1956, the petitioner is entitled to his custody. ..... admittedly the petitioner has already filed a petition under section 25 of the guardians & wards act, 1890 read with the relevant provisions of the hindu minority and guardianship act, 1956, which is pending in a court at ..... 2 is the natural and legal guardian of his minor sons, and that the petitioner has already filed a petition under section 25 of the guardians and wards act claiming the custody of the said children in a court at ..... had agreed to file a petition under section 25 of the guardians & wards act read with the provisions of the hindu minority and guardianship act, 1956.9. .....
Tag this Judgment!Court : Delhi
Reported in : 2005(3)ARBLR162(Delhi); 118(2005)DLT472; 2005(81)DRJ143
..... state of himachal pradesh 2002 (108) comp cas 711.3 ..... reliance was also placed upon a single bench decision of the high court of himachal pradesh in astra construction pvt. ..... section 31(3) of the arbitration and conciliation act, 1996 reads as follows:-'(3) the arbitral award shall state the reasons upon which it is based, unless-(a) the parties have agreed that no reasons are to be given, or(b) the award is an arbitral award on agreed terms under section 30.'4 ..... of reasons except in cases where parties agree that the same need not be recorded would, thereforee, provide a vital key to the court exercising jurisdiction under section 34 of the act to examine whether the award suffers from any illegality to call for modification or setting aside of the same. ..... judged in the above background, the award made by the arbitrator, does not, in my opinion, satisfy the requirements of section 31(3) inasmuch as the arbitrator has not, apart from saying that the claims have not been established, recorded any reason why the same have not been ..... it is evident from the above that the arbitrator has, apart from stating that the perusal of statements of accounts, bank statements and other relevant documents conclusively proved that the respondent's reply was correct and the claimant had no case, omitted to give any reasons for that conclusion ..... i accordingly allow this petition, set aside the award made by the arbitrator in so far as the same rejects the claim of the petitioner claimant before him .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (2010)228CTR(HP)94
..... the admitted facts are that in terms of incentive policy issued by the state of himachal pradesh to encourage the setting up of industries in remote areas has framed a scheme for grant of ..... decision in an earlier case, ignoring the principles laid down by the hon'ble supreme court in the above-mentioned judgments, and the decision of different high courts relating to various incentive incomes 'rendered on the basis of these principles, by merely observing that the issue has not been decided by the jurisdictional high court of himachal pradesh or by the apex court? 2. ..... namely, 'attributable to' has been used, the legislature intended to cover receipts from sources other than the actual conduct of the business of generation and distribution of electricity.relying on these observations of the apex court it is contended on behalf of the revenue that since in section 80-ia the word 'derived' has been used, the transport subsidy (sic-interest subsidy) cannot be said to be derived from the business of ..... whether on the facts and in the circumstances of the case, the tribunal was right in law in holding that 'interest subsidy' received by the assessee under a scheme formulated by the state government forms part of profits derived from the industrial undertaking and is hence eligible for deduction under section 80-ib of the it act, 1961, when it has been clearly laid down by the hon'ble supreme court ..... section 80-ib provides for allowing of deduction in respect of profits and gains ..... allowed .....
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. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004CriLJ4445
..... . state of himachal pradesh wherein conviction of the accused by the high court was challenged before the supreme court on the ground of delay of 10 days in lodging fir and absence of injuries on the person ..... . state of himachal pradesh.as ..... that apart when all the five accused were examined by the trial court under section 313 of the criminal procedure code and when they were confronted with this mental condition and findings of doctors, they have no explanation to offer not even a slightest explanation nor any attempt to give explanation as to how a sane and sober woman could turn into an insane woman showing symptoms of hysterical amnesia soon after coming to the ..... . the conduct of the accused can be aptly described as the conduct of lusty brutes who display the unscrupulous, deceitful and insidious act of committing gang rape of jaishree when she had come to their house with all hopes of leading a married ..... . acquittal is of 1988 and therefore considering all the aspects minimum sentence be awarded and that accused were acquitted under section 494 and 498 and the case of bigamy and therefore minimum sentence in case accused are found guilty should ..... abhale strenuously urged that since this is an appeal against acquittal, the powers of the court were limited and when though according to him the court can reappreciate the evidence in its entirety and come to a different conclusions court was not supposed to interfere with the order of acquittal only because some other ..... is allowed .....
Tag this Judgment!Court : Karnataka
Reported in : 1993(1)ALT(Cri)581; 1993CriLJ2310; ILR1992KAR3804; 1992(4)KarLJ563
..... of the himachal pradesh high court in the case of the state of himachal pradesh v. ..... resulted in prejudice to the accused-appellant and we are in respectful agreement with the learned judges of the himachal pradesh high court. ..... now coming to the question whether there has been due compliance with the provisions of sections 42, 50 and 57 of the ndps act it has to be stated that in view of the nature of the punishment provided for the offence under the said act the legislature has deliberately made certain provisions to safeguard the innocent persons so that they ..... : (1990 cri lj 1787) in which the learned brother judges on considering the relevant provisions of sections 41 and 43, ndps act, observed : 'thus, the intention of the legislature in sections 41 and 42 is different as revealed from the language of sections as stated above from the one in s. ..... custody, pending the orders of the magistrate, all article seized under this act within the local area of that police station and which may be delivered to him, and shall allow any officer who may accompany such articles to the police station or who may be deputed for the purpose, to affix his seal to such articles or to take samples of and from them and all samples so taken shall also be sealed with a seal of the ..... sessions judge appears to have lost sight of these mandatory provisions of the act and the failure of the investigating agency to comply with the aforesaid provisions of the act.in the result, the appeal is allowed. ..... allowed .....
Tag this Judgment!Court : Orissa
Reported in : 1994(I)OLR525
..... the full bench of the himachal pradesh high court in state of himachal pradesh v. ..... 'the himachal pradesh high court has also taken the same view as ours as regards the effect of sub-section (10) of section 360.11. ..... no such option has been given as regards section 360 which has been made applicable, broadly speaking, to the whole of india except the state of jammu and kashmir consequently, section 360 would be applicable to a state or an area within a state to which the provisions of probation of offenders act have not been brought into force...... ..... a provision casting an obligation to record reasons for not giving benefit of section 360 or provisions of the act, as the case may be, cannot be construed as a provision conferring a discretion on the court either to apply section 360 or the provisions of the act, it is also not correct to conclude that in absence of any specific provision, by implication it can be held that it was the intention of the legislature that the provisions of the act and also section 360 of the code are to co-exist in the same area. ..... that would only mean that the legislature intended that in the areas where section 360 applies benefit of that section should be given to the accused and where the provisions of the act apply benefit of those provisions should be given to the accused, and if the court does not grant the available benefit to the accused then it shall record its reasons for not giving that benefit. .....
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