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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: himachal pradesh Year: 2012 Page 1 of about 12 results (0.034 seconds)

Oct 11 2012 (HC)

M/S. Roshan Lal, Government Contractor Vs. State of Himachal Pradesh T ...

Court : Himachal Pradesh

Decided on : Oct-11-2012

..... contractor has the capacity and the resources to successfully execute the work; and (e) if the state or its instrumentalities act reasonably, fairly and in public interest in awarding contract, here again, interference by court is very restrictive since no person can claim fundamental right to carry on business with the ..... under article 226. 35. as observed earlier, the court would not normally interfere with the policy decision and in matters challenging the award of contract by the state or public authorities. in view of the above, the appellant has failed to establish that the same was contrary to public ..... for striking down such action of the executive as is proved to be arbitrary or unreasonable. if the government acts in conformity with certain healthy standards and norms such as awarding of contracts by inviting tenders, in those circumstances, the interference by courts is very limited; (c) in the ..... matter of formulating conditions of a tender document and awarding a contract, greater latitude is required to be conceded to the state authorities unless the action of tendering authority is found to be malicious and ..... whether the process adopted or decision made is so arbitrary and irrational that the court can say: ??the decision is such that no responsible authority acting reasonably and in accordance with relevant law could have reached ? ; and (ii) whether the public interest is affected. if the answers to the .....

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Mar 13 2012 (HC)

Shyam Singh Resident of Village District Bilaspur Vs. State of Himacha ...

Court : Himachal Pradesh

Decided on : Mar-13-2012

..... an urgent review of selection of the physically challenged persons to class-i posts in the light of the observations contained hereinabove. appropriate action for achieving the objects of the act, shall be taken within a period of six months. in view of the disposal of the writ petition, pending application(s), if any, shall also stand disposed of. authenticated copy ..... reserved categories, in order to achieve the objects of such reservation. therefore, the state has to think of taking some thoughtful steps, in terms of the objects of the aforesaid act, for capacity building for such persons, who could not acquire the same capacity as their counter parts on account of their disability as otherwise there would not be full participation ..... the government should have an over all review of the situation in terms of the objects of the legislation- persons with disabilities (equal opportunities protection of rights and full participation) act, 1995. in this context, it would be profitable to refer to the purpose of the legislation. 6. the proclamation on the full participation and equality of people with disabilities in ..... candidates in himachal pradesh for the post(s), so as to meet the requirements of section 33 of the persons with disabilities (equal opportunities protection of rights and full participation) act, 1995. the affidavit, as above, shall be filed within four weeks. 4. the secretary (education) to the government of himachal pradesh has filed an affidavit dated 17.12.2011. it .....

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Oct 30 2012 (HC)

Sh. Palo Ram Vs. Guari and Others

Court : Himachal Pradesh

Decided on : Oct-30-2012

..... limitation for such suit starts from the date when money secured by the mortgagee become dues. the mortgagor under article 63(b) of the act is entitled to file a suit for possession of immovable property mortgaged within 12 years and the period of limitation for such type of suit ..... has non-suited the plaintiff on the gr ound that he has not adopted the course by filing a suit for foreclosure or possession under the act. the limitation period for plaintiff started in the year 1967 for filing such suit which he has not filed. therefore, plaintiff is not entitled to ..... . it has been submitted that the mortgagors failed to redeem the suit land, therefore, by virtue of section 27 of the indian limitation act, 1963(for short act unless context is otherwise) their right in the suit property has been extinguished. the plaintiff is entitled to possession of the suit land. ..... held that the legislature has taken care to make the relevant provisions of the said act granting relief to debtors by giving overriding effect over the law, agreement, contract or decree contrary to the provisions of the said act. the possession of the suit land is still with the mortgagors/defendants, the plaintiff ..... himself has not filed the suit within the limitation provided under article 61(b) of the act. there is no merit in the .....

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Oct 18 2012 (HC)

Chander Mohan Negi and Others Vs. State of Himachal Pradesh Through Se ...

Court : Himachal Pradesh

Decided on : Oct-18-2012

..... scheme, the services of primary assistant teachers are to be utilized by the gram panchayats in the government primary schools, against vacancies separately allocated for the purpose. the contract is to be ordinarily renewed by the concerned gram panchayat for further period, unless withheld for the reasons to be recorded in writing in accordance with the conditions of ..... 16 has specifically provided for equality of opportunity in matters of public employment. buttressing these fundamental rights, article 309 provides that subject to the provisions of the constitution, acts of the legislature may regulate the recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the union or of ..... authority to be specified by the appropriate government, by notification. the academic authority, while laying down the curriculum and the evaluation procedure under subsection (1) of section 29 of the act, has to take into consideration the following, namely: (a) conformity with the values enshrined in the constitution; (b) all round development of the child; (c) building up ..... . the appointment of primary assistant teacher is to be made on contractual basis by the pradhan, gram panchayat. petitioner has also sought information under the right to information act. according to the information supplied to the petitioners, 156 posts have been filled up in district bilaspur by appointing primary assistant teachers, 27 posts have been filled up .....

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Sep 27 2012 (HC)

Dharmender Kumar Vs. State of Himachal Pradesh Through Principal Secre ...

Court : Himachal Pradesh

Decided on : Sep-27-2012

..... application and dealt with appropriately by the erstwhile administrative tribunal in its judgment rendered in oa no.3667 of 2006. 9. the plea that the contract between the petitioner and respondents came to an end on 23.10.2007 is also not available to the respondents because during this period, the petitioner ..... 31.7.2009. as it was further urged by learned counsel for the petitioner that the post against which the petitioner was appointed as driver on contract basis is still lying vacant and irrespective of his being acquitted from the charge, he has not been re-instated, learned single judge observed that ..... writ petition, following reliefs have been claimed: ??i) that impugned communication dated 20.10.2011 may kindly be quashed and set aside. ii) that contract of the petitioner may kindly be renewed as the post is still lying vacant as other similar situated persons have been allowed to continue. 1 whether the ..... absolutely correct and valid. 7. the petitioner has placed on record annexure p/7 dated 1.8.2012, the information obtained under right to information act to show that in the office of third respondent, there exists six vacant posts of drivers. after perusing the record and taking into consideration the rival ..... , district una. on 16/17.10.2006, a criminal case under section 307 and 308, ipc read with section 25 and 27 of the arms act was registered against the petitioner vide fir no.217/6 in police station, haroli. since he was arrested by the police in that case, his services .....

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Aug 14 2012 (HC)

Ramesh Chand Prasher Vs. State of Himachal Pradesh Through Secretary ( ...

Court : Himachal Pradesh

Decided on : Aug-14-2012

..... arbitrary manner. but the court cannot itself take over these functions. 13. this court time and again has emphasized the need to maintain transparency in grant of public contracts. ordinarily, maintenance of transparency as also compliance of article 14 of the constitution would inter alia be ensured by holding public auction upon issuance of advertisement in the ..... value. 75. the state is empowered to distribute natural resources. however, as they constitute public property/national asset, while distributing natural resources, the state is bound to act in consonance with the principles of equality and public trust and ensure that no action is taken which may be detrimental to public interest. like any other state action, ..... functioning of a ??democratic form of government demands equality and absence of arbitrariness and discrimination ? . the rule of law prohibits arbitrary action and commands the authority concerned to act in accordance with law. every action of the state or its instrumentalities should neither be suggestive of discrimination, nor even apparently give an impression of bias, favouritism and nepotism ..... that rule, not only to get the highest price for the property but also to ensure fairness in the activities of the state and public authorities. they should undoubtedly act fairly. their actions should be legitimate. their dealings should be above board. their transactions should be without aversion or affection. nothing should be suggestive of discrimination. nothing .....

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Mar 01 2012 (HC)

Sonu Kumar, Resident of Village Dharwahan, Police Station Vs. State of ...

Court : Himachal Pradesh

Decided on : Mar-01-2012

Reported in : 2012CrLJ3210

..... case. the documents made ante litem motam can be relied upon safely, when such documents are admissible under section 35 of the indian evidence act, 1872. but the court has a right to examine the probative value of the contents of the document. authenticity of entries may also depend on ..... a rape, requires voluntary participation, not only after the exercise of intelligence, based on the knowledge, of the significance and moral quality of the act. but after having freely exercised a choice between resistance and assent. submission of her body under the influence of fear or terror is not consent. ..... so as not to be legal consent. in rao harnarain singh vs. state : air 1958 punjab 123 it was observed :- "7. a mere act of helpless resignation in the face of inevitable compulsion, acquiescence, non-resistance, or passive giving in, when volitional faculty is either clouded by fear or vitiated ..... may also be said to be dependent. in a criminal case, different pieces of evidence directed to establishing that the defendant did the prohibited act with the specified state of mind are generally dependent. a junior may feel doubt whether to credit an alleged confession, and doubt whether to infer ..... cases is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no difficulty to act on the testimony of a victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable .....

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Jan 04 2012 (HC)

State of Himachal Pradesh Vs. Rafiq Mohammad

Court : Himachal Pradesh

Decided on : Jan-04-2012

..... . further in umashankar vs. state of chattisgarh (2001)9 scc 642, apex court has held that there can be no presumption in law under section 4 of the indian evidence act 1872, that the currency notes are fake. prosecution has to prove that accused was in the knowledge of the fact that currency notes were fake and not genuine. significantly, court cautioned ..... alleged disclosure statement ex.(ph) was made by the accused or at the time of recovery of the said counterfeit notes. 6. according to keshav sahni(pw-1), accused had contracted to buy ten t-shirts for a sum of ` 1500/-. accused gave him two currency notes of denomination of ` 1000/- each, which appeared to be fake. he telephonically informed the ..... case of prosecution that on 23.8.2004, accused went to the shop of keshav sahni (pw-1) to purchase ten pieces of t-shirts. items were selected and price contracted. accused tendered two currency notes of denomination of ` 1000/- each towards the sale consideration. pw-1 keshav sahni noticed that perhaps currency notes handed over by the accused were not .....

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May 31 2012 (HC)

Prem Chand JaIn and Another Vs. State of Himachal Pradesh Through Secr ...

Court : Himachal Pradesh

Decided on : May-31-2012

..... and with the permission of the court, by the prosecution, to contradict such witness in the manner provided by section 145 of the indian evidence act, 1872 ( 1 of 1872); and when any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but ..... be deemed to apply to any statement falling within the provisions of clause (1) of section 32 of the indian evidence act, 1872 (1 of 1872), or to affect the provisions of section 27 of that act. ? 8. thus, it is statutorily made clear that the statement of witness before the investigating officer cannot be used ..... and with the permission of the court by the prosecution to contradict the witness concerned in the manner provided under section 145 of the indian evidence act. in other words, the statement by a witness before the police officer under section 161 cr.p.c. cannot be used by the court at ..... investigation under this chapter, or any police officer not below such rank as the state government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case. (2) such ..... of fir no. 27 dated 3.8.2009 registered under sections 13(1) (d)(ii) read with section 13(2) of the prevention of corruption act, 1988, by state vigilance and anti corruption bureau, shimla, states that he has never given any statement as allegedly recorded as per annexure p-2 nor .....

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Sep 17 2012 (HC)

H.S. Thakur Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Decided on : Sep-17-2012

..... delhi versus jaspal singh, (2003) 10 scc 586, the apex court considered the ambit and scope of provisions of section 10 of the indian evidence act, 1872 and also section 120-b of the indian penal code and held that so far as the charge under section 120-b ipc is concerned, it stands ..... fact which must be established by the prosecution viz. meeting point of two or more persons for doing or causing to be done an illegal act or an act by illegal means. the courts, however, while drawing an inference from materials brought on record to arrive at a finding as to whether the ..... in character, often involuntary, are not crimes but when they take concrete shape of an agreement to do or cause to be done an illegal act or an act which is not illegal but by illegal means then even if nothing further is done, the agreement would give rise to a criminal conspiracy. condition ..... being:- (i) an agreement between two or more persons. (ii) the agreement must relate to doing or causing to be done either (a) an illegal act; (b) an act which is not illegal in itself but is done by illegal means. ? (emphasis supplied) 12. the aforesaid principle further stood reiterated in r. venkatkrishan versus ..... rohal processed the application and hukam singh thakur signed the endorsement and issued the licence. in january, 1997 a claim petition under the motor vehicles act was preferred by geeta for claiming compensation in respect of death of the occupant of the truck and the award was passed fastening the liability on .....

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