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 : 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 : [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 : 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!Court : Himachal Pradesh
Reported in : AIR1955HP9
..... violating specific constitutional prohibition, unless it is saved by one or other of the provisos to those articles. but the position under article 14 is different. equal protection claims under that article are examined with the presumption that the state action is reasonable and justified. this presumption of constitutionality stems from the wide power of ..... without justification, that the rulings relied upon by the petitioner are not applicable to the facts of the present case.under section 31, east punjab university act, the senate is empowered to make regulations providing for the courses of the studies to be followed, the conditions to be complied with by candidates for any ..... the registrar, punjab university, solan. the respondent has rightly pointed out that the punjab university is an autonomous body set up under the east punjab university act, 1947. it is true that the governor of the punjab is ex-officio the chancellor of the university, but that would not make the university a .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2(1988)ACC192
..... 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 ..... the machine back in position but had wrongly reconnected the pipes with the result that the oxygen and nitrous oxide gas hose-pipes were interchanged '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, .....
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