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Rajesh Verma Vs. State of H.P. and Others

Court : Himachal Pradesh

..... it has also been argued for the petitioner:- (a) the provisions of section 56(1)(iv) of himachal pradesh police act, 2007 (for short called act 2007) provides that proposals for transfers and postings of gazetted officers are to be made on the recommendation of a state police establishment committee comprising of director general of police (as head of the committee) and four other senior police officers (not below the rank of inspector general of police), however, dehors such provisions of act 2007, the impugned transfer order of the petitioner has been made, as such, the same is illegal. ..... following submissions have mainly been made for and on behalf of the petitioner:- (a) in the civil list of police, of 1.4.2011, sanctioned strength of officers of the indian police services, principal, ptc daroh, has been shown at sr.no.15 and sanctioned strength of officers of the himachal pradesh police has been shown in one of the annexure therein. ..... thereafter, the petitioner was promoted as additional superintendent of police (wireless) on 10.5.2003 and superintendent of police (communication and technical services) himachal pradesh on 28.2.2009 (annexure p-1) on that post he remained on probation for a period of two years and was confirmed to the said post on 15.12.2011, since then, the petitioner is working at shimla. .....

Hansa S/O Nathu, Vs. State of Haryana

Court : Punjab and Haryana

..... the same was allowed by the learned trial court vide order exhibit da/2 but before the test identification parade could be held, he made a statement ex pd on 10.4.2006 that he was produced in the bhiwani court from nahan jail, himachal pradesh and before entering into the court premises, he had seen the complainant and talked to him for five minutes. ..... om prakash air 1972 supreme court 975 wherein it was found that even if nothing is found or recovered from an accused as a consequence of the information furnished by him, still the evidence of the investigating officer and the panches that the accused has taken them to a witness, as corroborated by the said witness, would be admissible under section 8 of the evidence act, as conduct of the accused.16. ..... in the present case, the recovery of pistol by the sonepat police is new information received by the investigating agency during the course of investigations of the present case. ..... 130-db of 2007 filed by harjit @ bittu son of partap singh against the judgment and order dated 8/9.12.2006, passed by the learned additional sessions judge, bhiwani, convicting the appellants for the offence under section 302 read with section 34 ipc for the causing death of manphool singh on 24.8.2001 at about 9.15 p.m, and sentencing them to undergo life imprisonment and to pay a fine of rs. ..... 405 db of 2007 decided on may 5, 2010 arvind @ chuni lal v. ..... 173-db of 2006 and 251-db of 2007. .....

Vijay Kumar Vs. Union of India and Others

Court : Armed forces Tribunal AFT Chandigarh Bench Chandimandir

..... this application has been received on transfer from high court of himachal pradesh at shimla(h.p) being cwp 18 of 2007 and filed under section 14 of the armed forces tribunal act, 2007. ..... reliefs :- (a) an appropriate writ, order or directions be issued to the respondents by quashing the letter dated 18.07.2006 abd 15,07.1997 consequently, directing the respondents to place on record letter no g3/r/4/97/6434/v dated 15.07.1997 for the perusal of the honble court and after perusing the same, the impugned orders may be quashed and set aside and the respondents may be directed to grant disability pension to the petitioner with effect from 17.03.1997 till date along with interest at the rate of 12% per annum, such other or further ..... orders as may be deemed just and proper in the facts and circumstances of the case may also .....

Reliance Infrastructure Limited Vs. State of H.P. and ors.

Court : Himachal Pradesh

..... on 16.1.2007 brakel addressed a letter to the principal secretary (power) to the government of himachal pradesh and stated that since it was required to incorporate a special purpose vehicle (spv) having its head office in himachal pradesh, duly registered under the companies act, 1956, for implementation of the project it was working towards setting up such a corporation ..... on the other hand, learned counsel for the petitioner is of the view that keeping in view the orders dated 3.6.2008 and also the averments contained in paras 10 and 11 of the petition, it is not so.the state government through affidavit dated 8.7.2008 filed by the chief secretary to the government of himachal pradesh as also the affidavit dated 17.7.2008 of special secretary, mpp and power, to the government of himachal pradesh, has now placed on record a decision at the highest level (cabinet), wherein it has been so decided that a show cause notice be issued to the private ..... it is also pertinent to mention that on 16th march, 2007 brakel corporation sent the memorandum of articles of association to the principal secretary (power) to the government of himachal pradesh but the memorandum of article sent were of brakel inv and not ..... of the infirmities in fact came to light after the award of the contract when investigation was carried out by the police and the income- ..... pertinent to mention that before this cabinet memorandum was prepared inquiry was conducted both by the police as well as income-tax department. .....

Sarvoday Charitable Trust Vs. Gujarat University and anr.

Court : Gujarat

Reported in : (2008)2GLR1760

..... more or less similar question once again has been considered by the division bench of himachal pradesh high court in case of shimla education society & trust v. ..... if the university or the examining body is of the view that there is contravention to the provisions of the act or the rules or the regulations or the order made therein or the breach of any of the conditions on the basis of which, recognition has been granted, it has to bring to the notice of the regional committee of ncte, which is required to take action as per the provisions of section 17 of the act and/or in alternative, the university or the examining body can also prefer the appeal under section 18 of the ncte act, if otherwise aggrieved, in any manner, by the order of granting recognition.8 ..... as per the petitioner, it had applied to the gujarat university for affiliation vide application dated 19.6.2007 onwards and as there was no response and the academic year was to begin of 2007-08, the petitioner has preferred the present petition for the appropriate directions to the respondent university to grant affiliation for ..... vide order dated 8.10.2007 had directed the university to forthwith allot the available students, if any, for the provisional admission in the petitioner-appellant institution. ..... , on 30.5.2007 the recognition was granted on 11.6.2007 and thereafter final recognition is granted vide order dated 26.6.2007 to the petitioner. ..... the order passed by the state on 22.6.2007 and the order passed by respondent .....

State of Himachal Pradesh. Vs. Nishant Sareen.

Court : Supreme Court of India

..... in dispute that the principal secretary (health), government of himachal pradesh is the competent authority authorized under the rules of business for according sanction in the matter.4. ..... sareen--the respondent--was posted as drug inspector, bilaspur (himachal pradesh) ..... sentence or order passed by a special judge shall be reversed or altered by a court in appeal, confirmation or revision on the ground of the absence of, or any error, omission or irregularity in, the sanction required under sub- section (1), unless in the opinion of that court, a failure of justice has in fact been occasioned thereby;(b) no court shall stay the proceedings under this act on the ground of any error, omission or irregularity in the sanction granted by the authority, unless it is satisfied that such error, omission or irregularity has resulted in a failure of justice; (c) no court ..... foot-note, we may observe that the investigating agency might have had legitimate grievance about the order dated november 27, 2007 refusing to grant sanction, and if that were so and no fresh materials were necessary, it ought to have challenged the order of the sanctioning authority but that was not done ..... registered under sections 7 and 13 (2) of the 1988 act at police station ac zone, bilaspur. ..... in the order dated november 27, 2007 whereby sanction was refused, it was observed as under :"therefore, after thorough examination of the case taking all the aspects into consideration and scrutiny of the service records it has .....

O.P. Gogne Vs. State (Nct of Delhi) and ors

Court : Delhi

..... of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the magistrate: provided that, when the complaint is made in writing, the magistrate need not examine the complainant and the witnesses- (a) if a public servant acting or purporting to act in the discharge of his official duties or a court has made the complaint; or (b) if the magistrate makes over the case for inquiry or trial to another magistrate ..... on a police report or otherwise, the accused appears or is brought before the magistrate and it appears to the magistrate that the offence is triable exclusively by the court of session, he shall-(a) commit, after complying with the provisions of section 207 or section 208, as the case may be, the case to the court of session, and subject to the provisions of this code relating to bail, remand the accused to custody until such commitment has been made; (b) subject to the provisions of this code relating to bail, remand the accused to custody during, and until the conclusion of, the ..... state of himachal pradesh & ors : 1981 crl. ..... state & anr: 2007 (1) jcc (ni) 69; wherein in para no. ..... smt.santosh: 2007 (1)jcc (ni) 65. 34. .....

V.M.T. Spinning Company Ltd., Vs. State of H.P. and ors.

Court : Himachal Pradesh

Reported in : 2008(1)ShimLC145

..... the state of himachal pradesh has enacted the himachal pradesh agricultural and horticulture produce marketing (development and regulation) act, 2005 (for short act). ..... . agricultural produce markets act, 1969 which was repealed by the act now in consideration were considered by the apex court in himachal pradesh marketing board and ors. v ..... 437 of 2007 alleged that it is only buying cotton waste from spinning mills situated outside the state of himachal pradesh and this cotton waste is then utilized for manufacturing of cotton yarn.3. ..... state agriculture marketing board has been constituted in the state of himachal pradesh and marketing committees have been constituted for different market areas. ..... . at the outset we may deal with the first contention raised by the petitioners that they are not brining in agricultural produce into the state of himachal pradesh ..... . it is submitted that the cotton bales/cotton waste which they are brining into the state of himachal pradesh is not agricultural produce but is a manufactured items ..... 437 of 2007 purchase cotton bales from outside the state of himachal pradesh and these cotton bales are brought to their units within himachal pradesh and after going through a large number of processes the cotton yarn is manufactured. ..... 437 of 2007 has alleged that it manufactures the cotton yarn out of cotton waste. ..... 437/2007 manufacture the cotton yam from cotton. .....

Global Energy Ltd. and anr. Vs. Central Electricity Regulatory Commiss ...

Court : Supreme Court of India

Reported in : 2009AIRSCW5121; AIR2009SC3194; 2009LC(SC)227; JT2009(11)SC164; 2009(8)SCALE108; 2009(5)LC2521(SC)

..... this court therein was concerned with a planning and development statute framed under the himachal pradesh town and country planning act, 1977. ..... judicial one and not an administrative one, carrying with it a duty arising from the nature of the act empowered to be done the job for which it is to be done, the conditions in which it is to be done and its repercussion upon the power of the company, the shareholders, the creditors and the general public for whose benefit, the power is to be exercised.this decision, therefore, itself may be considered to be an authority for the proposition that where the parliament thought it fit and proper to confer such a power upon an authority exercising quasi ..... judicial power, the same is specifically conferred by the provisions of the act itself and not by a subordinate legislation.paragraph 19 of the ..... :(2007) 11 scc 40. .....

Reliance General Insurance Co. Ltd. Vs. Ankit Maheshwari and ors.

Court : Delhi

..... the insurance company filed 38 appeals before the himachal pradesh high court ..... is urged that the appellant was liable to pay the compensation only in respect of 15 victims and the compensation of 15 victims was to be distributed on pro rata basis by the court amongst all the 21 victims and rest of the compensation shall be payable by the owner and the driver of the vehicle.9. ..... /2010 `1,06,100/- `3,90,000/`15,000/`15,000/- the only ground urged on behalf of the appellant insurance company is that the respondent riyazuddin (owner) committed a breach of the terms and conditions of the policy by permitting the driver(amit @ nata) to drive rtv not dl-1va-1494 without an effective and valid driving licence and thus the appellant insurance company was entitled to avoid the contract of insurance. ..... is urged that more than 21 passengers were travelling in the insured vehicle at the time of the accident and 21 of them suffered injuries as the rtv capsized on account of rash and negligent driving. ..... a contention was raised before the claims tribunal that it was a fundamental breach of the contract of insurance and therefore, the insurance company could repudiate the policy and was not liable for the compensation that may be adjudged ..... the legal representatives of the deceased and the injured approached the motor accident claims tribunal claiming compensation under section 166 of the act ..... (2007) 7 scc 445.in the said case, the bus had carrying capacity of 42 passengers for which it paid the premium .....