Court : Himachal Pradesh
Reported in : AIR2000HP113
..... to the dependants of the person killed by the wild animals as defined under wild life (protection) act, 1972. providing of such reliefs would not tantamount to admission of liability.27. in order to succeed in claiming damages under the tortious ..... attacked by a bear and had sustained the injuries. they however, denied their liability for the damages. they also admitted that killing of wild animals is prohibited under wild life (protection) act, 1972. they denied that the black bear was let loose by them. various legal objections as to the maintainability of the suit, absence ..... 26. there is no force in the contention of the learned counsel for the plaintiff. there is no provision under the wild life (protection) act, 1972, for providing of reliefs to a victim of wild animal. under the scheme ex. db, the state government decided to grant gratuitous relief to the persons sustaining injuries or .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2009CriLJ4359
..... surinder singh, j.1. the state has challenged the acquittal of the respondent for the offences punishable under section 51 of the wild life (protection) act, 1972 and sections 25 and 27 of the arms act, 1959 read with section 34 of the indian penal code.2. in nutshell, the case of the prosecution can be stated thus.pw-1 ram dayal, is the pradhan of ..... was rotten and was emitting foul smell, as such it was buried on the spot.12. the said skins were shown to d. f. o., wild life, chamba. according to him, animal skins were that of 'himalayan tahr' which were locally called 'karth'., to this effect, he issued certificate ext. pw-5/a.13. during the investigation ..... construction work of the school in the morning at 10 a.m. it is alleged that dw-1 kheti ram informed him that some poachers had been indiscriminately shooting the wild animals in the jungle since the previous day i.e., from the morning of 16th march, 1993. on this, ram dayal aforesaid went to village 'kunda' and informed the villagers .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [2000]118STC315(HP)
..... -c. (1) the governor of himachal pradesh in exercise of the powers conferred by sub-section (1) of section 42 of the himachal pradesh general sales tax act, 1968 (act no. 24 of 1968) is pleased to order exemption from tax, subject to their being eligible as per the terms of this para to the following other industries ..... -iv dated the 30th january, 1996. in exercise of the powers conferred by sub-section (1) of section 42 of the himachal pradesh general sales tax act, 1968 (act no. 24 of 1968), the governor of himachal pradesh is pleased to make the following further amendments in this department's notification no. exn-c(9)2 ..... 1991. adverting to the notification dated december 1, 1994, it is reiterated that the registration certificate dated january 13, 1993 stood rendered ineffective, the life of such certificate being co-terminous with the life of the parent rule under which the definition of 'prestigious unit' was introduced on july 31, 1992, which subsequently stood amended, whereby the ' .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1993HP52
..... provides similarly in article 51 a, clause (g), that it shall be the duty of every citizen of india to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion, for living creatures. thus there is both a constitutional pointer to the state and a constitutional duty ..... has been in clear contravention of the statutory provisions under the indian forest act, 1927, the forest (conservation) act, 1980, the himachal pra-desh village common lands vesting and utilization act, 1974 and the rules framed thereunder, the mines act, 1952 and environment (protection) act, 1986, beside the constitutional provisions under article 48-a and 51-a ..... house of herbs, shrubs and plants. deep forests on the lower hills have helped to generate congenial conditions for good rain. the limestone belt has acted as the acqui-fer--to hold and release water perennially, all the important streams--song, baldi, ris-pana, kairuli and bhitarli originate from this area .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1990CriLJ1347
..... unscrupulous people.10. article 48-a of the constitution envisages as under :'48a. protection and improvement of environment and safeguarding of forests and wild life.-- the state shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.'11. further, by the constitution (forty-second amendment) act, 1976, part-iv a, relating to fundamental duties of every citizen of ..... same envisages as under :'51a. fundamental duties.-- it shall be the duty of every citizen of india --xx xx xx xx xx xx(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;xx xx xx xx xx xx'12. in view of the aforesaid discussion, there is no merit in .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1990CriLJ506
..... unscrupulous people.11. article 48-a of the constitution envisages as under:'48a. protection and improvement of environment and safeguarding of forests and wild life.-- the state shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.'12. further, by the constitution (forty-second amendment) act, 1976, part iv a relating to fundamental duties of every citizen of ..... as under :'51 a. fundamental duties.-- it shall be the duty of every citizen of india--xx xx xx xxxx xx xx xx(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;xx xx xx xx'13. in view of the aforesaid discussion, there is no merit in this revision .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1982HP97
..... filed by the respondents nos. 2 and 3, the evils and malpractices prevailing in the purchase and sale of agricultural produce have been elaborated. the act is intended to give protection to the producers of such produce. the reply indicates that the various traders in the market area, including the petitioner, met the deputy commissioner, simla ..... -section (4) of section 4 of the act. it is contended that the petitioner besides the business in fruits and vegetables, is also wholesale dealer in these articles. ..... a of the constitution and the act is not open to challenge on the basis of alleged violation of the provisions of articles 14, 19 and 31 of the constitution of india. it is pointed out that otherwise also, non-publication of the preliminary notification under the rules is protected by the provisions contained in sub .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1974HP41
..... of persons with outstanding social background. singly staled any one of these category would be hit by article 14. a person with outstanding social background hardly needs protection. in our opinion the framers of the rule referred to educationally backward class of political sufferers and their wards alone were to be given preferential treatment. ..... was provided to safeguard the necessity of only such a category of citizens..... therefore, the wards of political sufferers as such were not intended to be protected, but in addition to that they were required to be wards of persons with outstanding social background with pointed reference to have belonged to a class of ..... and to suppress subtle inventipns and evasions for continuance of the mischief, and 'pro privato commondo' and to add force and life to the cure and remedy, according to the true intent of the makers of the act, 'pro bono publico''. 6. the learned counsel for the respondent-appellants referred to articles 15 (4) and 29 ( .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1993HP28
..... requires rented land for his own use, the meaning there is restricted to use principally for business or trade. we have already said that the act is an ameliorative piece of legislation meant for the protection of tenants, and we have no hesitation in comingto the conclusion that the words 'for his own use' in sub-clause (a) in ..... the circumstances must be limited in the manner indicated above, as that will give full protection to tenants of rented land and save them from eviction unless the landlord requires such land for the same purpose for which it had been let i.e. principally ..... urban population and scarcity of accommodation. rack renting and large scale eviction of tenants under the guise of the ordinary law, exacerbated those conditions making the economic life of the community unstable and insecure. to tackle these problems and curb these evils, the legislatures of the states in india enacted rent control legislations.22. the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : II(1988)ACC192,AIR1989HP5
..... matter of course, although the precise amount which would be decreed cannot be predicated. such a course of action would not only help in protecting, preserving and enforcing the fundamental right to life but also prevent its violation in other cases. besides, the dependant family of the deceased will be saved from penury and undeserved want till ..... by any other method open to the judiciary to adopt. the right to compensation is some palliative for the unlawful acts of instrumentalities which act in the name of public interest and which present for their protection the powers of the state as a shield. if civilisation is not to perish in this country as it has ..... machine back in position but had wrongly reconnected the pipes with the result that the oxygen and nitrous oxide gas* hose-pipes were inter-changed 'inadvertantly'. the said act on his part, according to the magistrate, was not deliberate but disclosed negligence in the performance of duties on two counts : (1) he. opened the pipes, .....
Tag this Judgment!