Court : Himachal Pradesh
Reported in : AIR1951HP36
..... be deemed to be still pending; that the provincial transport authority has illegally & mala fide refused to renew the permits on the ground of nationalisation of road transport;, which is a reason extraneous to the intention of the act; that there is no other remedy available to the ptnrs. & that they have, therefore, filed these ptns. for the protection of their ..... be considered according to the law. even upto 31-10-1950, which was the last date for arguments in this case on the preliminary objections, there was no such undertaking forthcoming on behalf of the opposite party, & that in spite of the fact that the aforesaid demand for performance of duty had been made six days before the institution ..... . (21) 1934 mad. 140 : (147 i.c. 1052), p. k. banerjee v. l. j. simonds, a.i.r. (34) 1947 cal. 807; shree meenakshi mills ltd. v. provincial textile comr. madras, a. i. r. (36) 1949 p. c. 307 : (76 i. a. 191. according to these rulings the jurisdiction of the h.o. to pass an order under section .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1967HP21
..... finalized scheme of nationalization was prepared by the himachal pradesh state government to meet the requirements of ch. iv-a of the act, as introduced by act 100 of 1956. on the 27th july 1964, the state transport undertaking proposed a modification in the above scheme. persons, affected, were given thirty days' time to file objections, against the ..... , who were plying motor vehicles on hire, had challenged the validity of the u. p. road transport act which had given the state transport undertaking the exclusive right to operate road transport services on the ground that the act infringed the fundamental rights of the petitioners conferred by article 19(1)(g) and other articles of the constitution ..... and illegal gains under the authority of ch. iv-a.(2) chapter iv-a of the act does not provide for the operators of the vehicles to run vehicles on permits granted in favour of the state transport undertaking to run and operate vehicles on a nationalized route. in fact, no such permit for the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1995HP107
..... raj kumar gupta (plaintiff no. 1) or any number of companies are accorded sanction obviously by the government for the purchase of the land, the defendants undertake to execute one or more sale deeds, as the case would ultimately emerge, out of the necessary sanction so required. no doubt, money had been handed ..... any purpose other than that indicated in the said land use map of barotiwala planning area without permission in writing of the direct? as envisaged under 1977 act. the aforesaid notification has also been published in the eetraordinary official gazette, himachal pradesh. in his cross-examination, this witness has stated that there exists ..... to seek and accordingly their being no cause of action against the defendants, plaintiffs suit is not maintainable. alternatively, defendants contend that under the indian interest act, plaintiffs are not entitled to the payment of interest at the claimed rate of 18% per annum. 3. in replication, the plaintiffs reiterated the allegations .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (1995)IILLJ1001HP
..... government is enabled to direct the transport corporation to deposit its monies in a bank, other than reserve bank of india or the corresponding new banks (after nationalisation). the state government is also empowered to direct the investment of the monies belonging to the transport corporation in such security as may be approved by the ..... corporation, it is seen that under section 26 of the act, the previous approval of the state government is required for borrowing money, either for raising working capital or meeting any expenditure of capital nature or even from a corresponding new bank (after nationalisation) or other financial institutions providing credit and subject to the ..... that on receipt of the report under section 36 of the act or even otherwise, the state government may by a notification in the official gazette, authorise any person to take over from the corporation, such part of the undertaking of the corporation, as may be specified in the notification and to administer in .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1997HP5
..... 1979 in favour of the respondent-bank for a sum of rs. 15,000/ - and he filed an application (ex.p-3). defendant dharam singh bhatia executed an undertaking (ex. p-6) to pay a sum of rs. 15,000/- to the respondent-bank. hypothecation deed executed by the principal debtors was placed as (ex.p- ..... to vary,exchange or take other securities or releaseany other securities, loss on account ofnegligence could not be equated with release.. release of security implies a volitional act on the part of the bank. further that the clausefor non-discharge of security even if the bankenters into composition with the principaldebtor as to other securities ..... circumstances, the court was justified in fastening' the liability qua the other surety. (ii) the court having invoked provisions of sections 139 and 141 of the contract act, in discharging one of the sureties, whether in the circumstances the lower appellate court was justified in not discharging the liability of the appellant. 9. during the pendency .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1997ACJ831
..... body which is created by statute-and whose powers and duties are defined by statute. so government departments, local authorities, public authorities, and statutory undertakings and corporations, are all 'public authorities'. but there is no such limitation for our high courts to issue the writ in the nature of mandamus ..... has been considered comprehensively and carefully. dalhousie public school, bhadhani has been established by the dalhousie public school educational society registered under the societies registration act, xxi of 1860. it is practically an institution started and managed by a family which has complete dominance over it. number of students in ..... recognition/affiliation in the case of private, unaided, recognised/affiliated educational institutions performing public duty by imparting education and these institutions have to act fairly and in accordance with the conditions laid down by the state in the matter of admission and charging of fee. commercialisation of education .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (1999)IILLJ304HP
..... departments as explained in the corporation of nagpur corporation of city of nagpur v. employees, 1960 2 scr 942 (supra) will be the true test. the whole undertaking will be 'industry' although those who are not 'workmen' by definition may not benefit by the status.(b) notwithstanding the previous clauses, sovereign functions, strictly understood ..... basis of master and servant relationship, then, the institution is not an industry even if stray servants, manual or technical, are hired. such eleemosynary or like undertakings alone are exempt-not other generosity, compassion, developmental passion or project.iv 143. the dominant nature test:(a) where a complex of activities, some of which ..... (supra) continues to hold the field and the tests laid down-therein are being applied to hold whether a particular establishment/ undertaking is industry or not under section 2(j) of the act.7. the trust in its reply affidavit has admitted that since the trust has been taken over and administered under the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2000ACJ666
..... . 20,000 shall be paid to abhilasha, widow of hira singh and the balance amount of rs. 30,000 shall be put in fixed deposit in a nationalised bank in the names of two minor sons, namely, sushil kumar and kuldip kumar in equal share till they attain majority. abhilasha, mother and natural guardian of ..... 2. the relevant facts giving rise to the present case are as follows:hira singh was a registered labour supply mate of the respondent corporation. he had been undertaking works on behalf of the respondent corporation for felling, conversion of timber, fuel wood, manual carriage, ropeway carriage besides extraction of resin. he submitted his tender ..... that late hira singh was registered as a labour supply mate under contract labour (regulation and abolition) act, 1970 and h.p. contract labour (regulation and abolition) rules, 1974. it is also admitted that hira singh had been undertaking the works of felling, conversion and carriage of timber and resin extraction by taking part in tender .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(2002)ACC346,II(2002)ACC754,2002ACJ346
..... to be the reasonable rate of simple interest. with a change in economy and the policy of reserve bank of india the interest rate has been lowered. the nationalised banks are now granting interest at the rate of 9 per cent on fixed deposits for one year. we, therefore, direct that the compensation amount fixed hereinbefore shall ..... stopped him, much less disentitled him the benefit of this revised pay scale, including admissible arrears, like all other government employees as well as employees of public sector undertakings, like this h.r.t.c. this fact can be judicially noticed by this court.36. present trend in assessing compensation; by looking to the chances of future ..... kanwar. against the award amount of rs. 7,97,700, all three of them had claimed rs. 20,00,000 in the petition filed by them under the act before the tribunal.3. in this appeal respondents have filed cross-objections for enhancement of compensation by modifying the award. at the same time, an application for additional .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (2002)IILLJ861HP
..... with the employment or non-employment or the terms of employment or with the conditions of labour, of any person'.clause (ka) describes what 'industrial establishment or undertaking' means. clauses (kkb) and (r) provide for labour court and tribunal respectively. clause (oo) defines 'retrenchment'. section 2-a declares that dismissal of ..... the appointment of judicial members should be done in consultation with the chief justice of india. an undertaking was given in the supreme court that a bill to make suitable amendments in the act would be brought before parliament as early as possible. the central administrative tribunal had also started functioning ..... the plaintiff preferred an appeal before the district judge, una. meanwhile, the himachal pradesh state administrative tribunal came to be established under the administrative tribunals act, 1985 (at act). the learned judge, therefore, submitted papers of appeal to the registrar of this court on september 12, 1986. this court, vide an order .....
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