Judgment Search Results Home > Cases Phrase: state of himachal pradesh act 1970 section 43 provisions as to continuance of officers in same posts Page 1 of about 669 results (0.207 seconds)

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)

..... 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 to decide. ..... 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. ..... on the question of rotation and selection of the specialist as director of health services in preference to grade i officers, the learned judges of the high court held that the rules are silent on the question as to which category should be chosen first and they accepted the contention of the himachal pradesh government that the government had power under rule 21 of the rules to supplement the same by providing for starting the roster with the category of specialist on the ground that .....

Dr. K.C. Malhotra Vs. the Chancellor, H.P. University, Shimla and ors.

Court : Himachal Pradesh

Reported in : AIR1995HP156

..... the parties revolves around the interpretation of section 12(5) of the act which runs as under:--'if in the opinion of the chancellor, the vice-chancellor wilfully omits or refuses to carry out the provisions of the act or abuses the powers vested in him or if it appears to the chancellor that the continuance of the vice-chancellor in office is detrimental to the interests of the university, the chancellor may, after making such enquiry as he deems proper and in consultation with the state government by order remove the vice ..... (v) that the petitioner maintains that no proper notice of enquiry was given to the petitioner and no proper enquiry as envisaged under section 12 (5) of the himachal pradesh university act, 1970 was held. ..... it was further pleaded that the petitioner had tampered with the merit list and proceedings of the recruitment and promotion committee for category c posts held on 10th to 12th february, 1993 and included names of certain persons in the waiting list and had given them appointment under his own orders contrary to the recommendations of the committee. ..... 1 when he took over charge as the chancellor that he politicised the office of chancellor and acted on ex parts complaints without verifying the same and without asking the petitioner to show cause against the allegations made in the preliminary submissions. .....

Gulzar Khan Vs. State of Karnataka and anr.

Court : Karnataka

Reported in : 2001CriLJ3586

..... down by the division bench of the allahabad high court, reported in 1979 cri lj 243 at paragraph 5 and madras high court air 1970 mad 63 para 7 air 1954 bombay 41 head note (c) at paragraph 4 as the post of the 2nd respondent is a substantive public office and further contended that not issuing the notification under section 15 r/w rule 4 of the rules and the same amounts to usurper of public office as held by the apex court in the case reported in air 1977 sc 237 at paragraph 14.8. ..... in support of this preposition he has placed reliance on the division bench judgment of the himachal pradesh high court, reported in air 1977 noc 246. ..... 22/1996 in the court referred to supra in which case the second respondent is conducting the case involving a charge under the provisions of the scheduled castes and the scheduled tribes (prevention of atrocities) act 1989 (in short called as 'act') and further to issue a direction ousting him from such conduct and award costs of the proceedings urging various facts and legal contentions.2. ..... is that he should have been in practice as an advocate for not less than 10 years and that he will conduct any case or class of cases, the rules under the act came into effect from 31-3-1995, the state continued its procedure of appointing public prosecutor as spl. p.p. .....

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. ..... there 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. ..... 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. ..... 2003 at its site office at toshali royal view resort shilion bagh, post office mundaghat, tehsil and district shimla.21. ..... (supra), even if the high courts consistently have taken an erroneous view, (though we do not see that the view is erroneous), it would be worthwhile to let the matter rest, since a large number of parties have modulated and continue to modulate their legal relationships based on the settled law. .....

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

..... he would, however, continue to be a member of the board till his resignation from the office of member is notified in the official gazette by the government of himachal pradesh under section 7 of the act.25. ..... in sub-section (2) of section 4 it is provided that the government of himachal pradesh shall after consultation with the khadi and village industries commission, nominate one of the members of the board to be the chairman thereof, section 7 makes provision for resignation of office by members. ..... on 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. ..... on the basis of the letter of january 31, 1990, which was received on the same day, the matter was processed in the office of financial commissioner-cum-secretary (industries) and it was placed before the chief minister for his approval with the recommendation that the resignation of shri karam singh, chairman, may be accepted. ..... 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 .....

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. ..... 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 ..... 53 of 1970, provides appointment of the judges of the high court by the president if he thinks fit, direct that such of the judges of the high court of delhi holding office immediately before the appointed day as may be determined by him, shall on that day cease to be judges of the high court of delhi and become judges of the high court of himachal pradesh and shall have the jurisdiction in respect of any part of the territories comprised in the state of himachal pradesh, under the law in force immediately ..... as noticed above, the vested right of a holder of property or property rights to file a suit to establish his claim in respect of any land or part thereof is a common law remedy and right and the same is found preserved and protected under section 92 which gives right to such person to establish his claim in the civil court having jurisdiction by a due process of law. .....

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

Court : Supreme Court of India

..... 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 and liabilities) order, ..... into or executed before the commencement of the constitution by any ruler of an indian state or to which the government of the dominion of india or any of its predecessor governments was a party and which has or has been continued in operation after such commencement, or in any dispute in respect of any right accruing under or any liability or obligation arising out of any of the provisions of this constitution relating to any such treaty, agreement, covenant, engagement, sanad or ..... is purely a policy- decision taken by the government of india much after the bhakra-nangal project and beas project were executed and in any case does not find place in any provision of law so as to confer a legal right on the plaintiff to claim the same. ..... , namely, shri romesh chandra bansal, consultant of punjab state electricity board on inter state disputes) and defendant no.3 examined one witness, namely, shri jia lal jain, chief accounts officer in haryana state electricity board. ..... state of punjab and another (supra) and it was held that the question of maintainability of the suit has to be decided upon the assertions made by the plaintiffs and the relief sought for, and taking the totality of the same and not by spinning up one paragraph of the .....

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, ..... 7), appointments of members of the state civil service from the select list to posts borne on the state cadre of the indian administrative service have to be made in accordance with rule 9 of the cadre rules, and in making such appointments the state government has to follow the order in which the names of such officers appear in the select list (reg. ..... 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 ..... , the integrated seniority list was finalised and issued on september 10, 1970, the seniority being determined as on november 1. ..... kraipak, air 1970 sc 150 (supra ..... air 1970 sc 150 (supra) af-fidavits were filed, as in the present case before us, that naqishbund had in no manner influenced the decision of the other members of the .....

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. ..... -(1) notwithstanding anything contained in the foregoing provisions of this chapter, lands and buildings being properties of the union shall be exempt from the property taxes specified in section 114:provided that nothing in this sub-section shall prevent the corporation from levying any of the said taxes on such lands and buildings to which immediately before the 26th january 1950, they were liable or treated as liable, so long as that tax continues to be levied by the corporation on other ..... the reasoning in this behalf runs thus : a law made by the legislature of a union territory levying taxes on lands and buildings would be 'state taxation', but if the same tax is levied by a law made by the parliament, it is being characterised as 'union taxation'; this is indeed a curious and inconsistent position, say the learned counsel for the appellants. ..... he contended that inasmuch as the punjab municipal act has been extended to part 'c' state of delhi under the part 'c' state (laws) act, 1950 with effect from april, 16, 1950, it is a post-constitutional enactment made by parliament and hence the taxes levied thereunder constitute union taxation. ..... the income tax officer : [1994]52itr524(sc) is the decision of a constitution bench. .....

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

Court : Mumbai

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

..... 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 himachal pradesh a.i.r. ..... state of himachal pradesh a.i.r. ..... state of himachal pradesh, (through collector talwara) a.i.r. ..... 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. ..... irrespective whether they had received compensation with or without protest, the principal idea being that once the compensation has been determined by the court in case of a land, all other similar lands under the same notification are brought within the net with the result all other interested persons who had not sought reference are given opportunity at this point of time to apply again to the collector within 3 months ..... further observation is that the object and reasons appended to the bill which became the amendment act itself disclosed the object underlying the said provision which is to do away with inequality and give equal treatment to all whose lands are similar. ..... the counsel now stated that section 28-a which is a part of part iii of the act does not speak of any reference to the court under section 18. ..... state of himachal pradesh, through collector talwara, was relied upon. .....