Court : Himachal Pradesh
Reported in : II(2002)ACC98,2003ACJ262
..... his/her share;(d) so far the amount payable to minor respondent is concerned, it shall remain invested in an interest earning scheme with a nationalised bank till he attains majority. its disbursement will be subject to further directions of this court;(e) so far amount payable to major respondent-claimant ..... its constitutional jurisdiction including the jurisdiction of superintendence over the proceedings before the inferior courts, tribunal, authority or other persons who are charged with the public acts and duties. english law originally derived its jurisdiction from the common law and the jurisdiction was exercised by issue of prerogative writs of mandamus, certiorari, ..... the award is perverse, absurd, ridiculously low or abnormally excessive. this can never be the intention of any legislation including provisions of motor vehicles act, even when defences of the petitioner are limited. he further submitted that tribunal being subordinate to this court, even in an appropriate case where .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (2004)IIILLJ169HP
..... the trial court as well as before the learned district judge. the officers whose service conditions are governed under the banking companies (acquisition and transfer of undertakings) act, 1970 were also sanctioned special area allowance by the respective banks after the bipartite agreement was arrived at. the board of directors of a corresponding ..... new bank under section 19 of the banking companies (acquisition and transfer of undertakings) act, 1970 may after consultation with the reserve bank of india and with the previous sanction of the central government make regulations not inconsistent with the provisions ..... its case was wrongly pleaded before the civil court seeking protection of the provisions of the banking companies (acquisition and transfer of undertakings) act, 1970 as the provisions of the said act were not applicable to the employees of the state bank of india and as such the petitioners association has become the victim of .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [2005]57SCL225(HP)
..... same did not materialize as sbi had put objections to the same. sbi is yet to undertake processing of request for reschedulement of f.c. loan and interest thereon. out of total pbidt of rs. 81.41 crores of textile unit during the period of 39 months, a sum of rs. 75.22 crores have gone ..... in the present case, the modified scheme of arrangement applied for sanction of this court under sections 391 to 394 of the companies act by the petitioners-companies for demerger of the textile division of 1st petitioner-company to 2nd petitioner-company would amount to transferring the properties, assets, liabilities and all rights and claims whatsoever ..... leaned judge reveals that 1st petitioner-company has made a reference to the board for industrial and financial reconstruction (bifr) under the sick industrial companies (special provisions) act, 1985 (for short 'the sica') and the said reference was subsequently registered. the learned single judge adjourned the matter for 22nd april, 2004 to consider .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : III(2005)ACC688,2005ACJ1972
..... these are the basic requirements of the policy, which in normal parlance is termed as the 'act policy'. insurance company can undertake any other contractual liability and cover any other risk over and above the risks mentioned in section 147 of the act. any policy issued by the insurance company has to at least comply with the provisions of ..... section 147. we are not concerned with the limits of the policies mentioned in section 147 (2) of the act. ..... kerala high court held as follows:'a contract of insurance in the widest sense of the term may be defined as a contract whereby one person called the insurer' undertakes in return for the agreed consideration called 'premium' to pay to another person called the 'assured' a sum of money or its equivalent on the happening of .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2005ACJ2105
..... ascertained in spite of reasonable efforts for the purpose;(c) 'scheme' means the scheme framed under section 163.(2) notwithstanding anything contained in the general insurance business (nationalisation) act, 1972 (57 of 1972) or any other law for the time being in force or any instrument having the force of law, the general insurance corporation of india ..... fifteen days from the date of receipt of such report and communicate the sanction order in form iv along with duly discharged receipt in form ii and the undertaking in form v to the nominated officer of the insurance company, with a copy to the following:(a) the claims enquiry officer;(b) the claimant;(c) ..... within a period of one month from the date of receipt of application a report in form iii along with duly discharged receipt in form ii and the undertaking in form v along with his own recommendation.(3) where the claims settlement commissioner has returned any report to the claims enquiry officer for further enquiry under .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : IV(2005)ACC373,2007ACJ131
..... service vehicle or other employees carried in a goods vehicle. these are the basic requirements of the policy, which in normal parlance is termed as 'act policy'. the insurance company can undertake any other contractual liability and cover any other risk over and above the risks mentioned in section 147 of the ..... act. any policy issued by insurance company has to at least comply with the provisions of section 147. we are not concerned with the limits of the policies mentioned in section 147 (2) of the act. section 149 of the act ..... the amount from the owner of the vehicle and, therefore, insurance was made compulsory so that the claimants could get their claims from the companies. however, the act does not require that the policy necessarily cover risk to the owner himself. some policies which in common parlance are termed as comprehensive policies cover various types of .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2006(3)ShimLC135
..... asked to furnish such additional information as may be required.xxxxxxxxxxxxxxx38. a perusal of the aforesaid extracts shows that when any person desires to undertake any new project or expand or modernize any existing industry he shall submit an application for permission to the secretary, ministry of environment and ..... the central pollution control board and state pollution control board also got the samples tested by three approved environmental laboratories duly recognized under the environment protection act. the work of analysis of the samples was got done through:1. national productivity council (npc), utpadakta bhawan 5-6, institutional area, lodhi ..... with respect to land measuring 29-07 bighas runs contrary to the aforesaid provisions of the development plan. permission under the tenancy & land reforms act does not imply automatic exemption from other legal provisions including the development plan for paonta sahib.the committee then considered the contentions of respondent no. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : (2008)ILLJ618HP
..... in this clause as reproduced above that at no given time the petitioner-union had given up this right to agitate the age of retirement. the undertaking had been given only to the effect that during the tenure of the settlement, they shall not raise any demand/dispute relating to wage or having ..... the fairness and reasonableness of the standing orders. the division bench of the delhi high court after analyzing section 4 of the industrial employment (standing order) act, 1946 has held that before certifying any modification of any standing order, the competent authority has to examine whether modification is in conformity with model standing-order ..... decide whether or not any modification of or addition to the draft submitted by the employer is necessary to tender the draft standing orders certifiable under this act, and shall make an order in writing accordingly.(3) the certifying officer shall thereupon certify the draft standing orders, after making any modifications therein which his .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2008HP4
..... teacher education and for the determination and maintenance of standards for teacher education and for the purposes of performing its functions under this act, the council may-(a) undertake surveys and studies relating to various aspects of teacher education and publish the result thereof;(b) make recommendations to the central and ..... grants in respect of courses and programmes, declaring institutions at various levels and types fit to receive grants, advising the commission constituted under the act for declaring technical educational institutions as deemed universities, setting up of national board of accreditation to periodically conduct evaluation on the basis of guidelines ..... the standards or requirement laid down by them, although it satisfied the norms and requirements laid down by the central authority, the state authorities act illegally.17. the hon'ble supreme court had also considered the same and similar issues as raised in this petition in thirumuruga kirupananda variyar .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2008(3)ShimLC97
..... according to the revenue, he had only extended his existing industrial unit. the apex court held as follows:.the fact that an assessee by establishment of a new industrial undertaking expands his existing business, which he certainly does, would not, on that score, deprive him of the benefit under section 15-c. every new creation in business is ..... defined in para 4-b to mean an industrial unit which has been set up and comes into production on or after commencement of the scheme. the apex court in textiles machinery corporation ltd. calcutta v. commissioner of income tax, west bengal 1997 (2) scr 762, also dealt with a question as to what comprises a new industrial unit ..... law is enjoined to prepare one balance sheet itself.9. on the other hand, it is clear that both the units have separate registration numbers under the central excise act. similarly, separate sales tax and general sales tax certificates have been issued by the state of h.p. for the second unit. both the units are treated as .....
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