Skip to content


Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: himachal pradesh Year: 2007 Page 1 of about 13 results (0.016 seconds)

Mar 14 2007 (HC)

Vijay Kumar Sharma Vs. State of H.P. and ors.

Court : Himachal Pradesh

Decided on : Mar-14-2007

Reported in : 2007(3)ShimLC515

..... who has been convicted, or reasonably suspected of committing or conniving at the commission of any offence under the excise or opium acts, or the punjab opium smoking act or the dangerous act;(c) to any person who has held a licence in himachal pradesh for the sale of any intoxicant has that license cancelled ..... by beat of drum or such other manner as the collector may deem fit. the proposal also has to be laid before the committee of the municipality. none of these was done. therefore, the collector has not at all followed the provision of rules 8 and 9.9. while looking into ..... or have property in the neighbourhood and are likely to be effected. according to the respondents, they have obtained 'no objection certificates' from the councilor, municipal corporation, shimla, president, beopar mandal, the local m.l.a. and the superintendent of police, shimla and therefore, they have complied with the requirement of ..... , which is in conformity with law.5. as a matter of fact, the sale of liquor is regulated and controlled under the provisions of punjab excise act, 1914 as applicable to the state of himachal pradesh, which inter alia provides that no liquor can be sold in the state of himachal pradesh ..... drum or in any manner the collector may deem fit. if the proposed premises are a municipal area, or small town or notified area, the collector, shall lay the proposal in writing, before the committee of municipality, small town or notified area and if in a rural area, before the gram panchayat. .....

Tag this Judgment!

Jun 15 2007 (HC)

Ramesh Chand Dhiman and ors. Vs. State of H.P. and anr.

Court : Himachal Pradesh

Decided on : Jun-15-2007

Reported in : 2007(2)ShimLC260

..... inaction on its own part in not amending the rules in a proper manner? justice chandrasekhara aiyar speaking for the apex court in collector of bombay v. municipal corporation of the city of bombay and ors. : [1952]1scr43 , had elucidated the law as follows:22. can the government be now allowed to go ..... . v. ulhasnagar municipal council and motilal padampat sugar mills co. ltd. v. state of u.p., to act in terms of the representation made.20. in addition to the applicability of the doctrine of promissory estoppel we must note ..... apprentice engineers were appointed.19. the fact that the doctrine of promissory estoppel is applicable to service law has been approved by the apex court in state of punjab v. nestle india ltd. and anr. : [2004]269itr97(sc) , wherein it has been held as follows:39. the doctrine of promissory estoppel has also ..... rules of the board was brushed aside and the court directed the board, following chandrasekhara aiyar, j.'s opinion in collector of bombay v. municipal corporation of the city of bombay, as well as the decisions in union of india v. anglo afghan agencies and century spg. & mfg. co. ltd ..... , committed to the rule of law, claim immunity from the doctrine of promissory estoppel? can the government say that it is under no obligation to act in a manner that is fair and just or that it is not bound by considerations of 'honesty and good faith'? why should the government not .....

Tag this Judgment!

Jun 01 2007 (HC)

H.P.S.E.B. and anr. Vs. Balak Ram and anr.

Court : Himachal Pradesh

Decided on : Jun-01-2007

Reported in : (2008)IILLJ8HP,2007(3)ShimLC202,2008(3)SLJ477(HP)

..... fit, or refuse to accord sanction.' the language of the section is very clear and it empowers the state government to sanction the proposal of the municipal corporation regarding modification of development control rules 'with or without any changes as it may deem fit.' these words are important and cannot be ignored. they ..... ' towards the end of clause (b) in dcr-2.4.11. learned counsel for the petitioners have submitted that in the proposal sent by the pune municipal corporation after following the procedure prescribed in sub-section (1) of section 37 the aforesaid words were not there. however, the state government while sanctioning the ..... or prevent the manifest intention of the legislature from being carried out.14. the apex court has held in promoters and builders association of pune v. pune municipal corporation and ors. : (2007)6scc143 as under:the main challenge of the review petitioners is to the addition of the words 'from the very said ..... 5, 2004 that the state government had full authority to make any changes or add any condition in the proposal of the municipal corporation is perfectly correct. in fact, on the plain language of the statute no other view can possibly be taken.15. the full bench of ..... post and regular is to be counted for the purpose of payment of gratuity act, 1972: their lordships have held as under:in the light of the above, let us examine the validity of rule 3.17 (ii) of the punjab civil services rules vol. ii. this rule says that the period of service .....

Tag this Judgment!

May 24 2007 (HC)

Commissioner of the Temple Trust of Dharamshala and ors. Vs. Presiding ...

Court : Himachal Pradesh

Decided on : May-24-2007

Reported in : 2007(2)ShimLC316

..... existing right but which may appropriately be made the subject-matter of an industrial dispute in a reference under section 10 of the act.15. in the case of municipal corporation of delhi v. ganesh razek and anr. : (1995)illj395sc , this court held as under:the high court has referred ..... the course of and in relation to the relationship between an industrial workman and his employer.12. the hon'ble supreme court has held in municipal corporation of delhi v. ganesh razak and anr. : (1995)illj395sc , that without prior adjudication or reorganization of the disputed claim of the ..... that the order of discharge or dismissal was not justified and has set aside that order and reinstated the workman. this court in the case of punjab beverages pvt. ltd. v. suresh chand : (1978)iillj1sc , held that a proceeding under section 33-c(2) is a proceeding in the ..... labour court against their retrenchment. the application preferred by the workmen without challenging their retrenchment under section 33-c (2) of the industrial disputes act, 1947 was not maintainable before the labour court. the order passed by the labour court on 18th june, 2005 lacks jurisdiction. the labour court ..... d. sood, advocate appearing on behalf of the petitioner-management has strenuously argued that the application under section 33-c (2) of the industrial disputes act, 1947 was not maintainable before the presiding judge, labour court-cum-industrial tribunal, dharamshala.6. mr. neel kamal sharma, advocate appearing on behalf of .....

Tag this Judgment!

Aug 22 2007 (HC)

Sidh Shri Baba Balak Nath Mandir Sabha Vs. Pyare Chand

Court : Himachal Pradesh

Decided on : Aug-22-2007

Reported in : 2007(3)ShimLC49

..... on an existing right but which may appropriately be made the subject-matter of an industrial dispute in a reference under section 10 of the act.in the case of municipal corporation of delhi v. ganesh razek and anr. : (1995)illj395sc , this court held as under:the high court has referred to some ..... arise in the course of and in relation to the relationship between an industrial workman and his employer.9. the hon'ble supreme court has held in municipal corporation of delhi v. ganesh razak and anr. : (1995)illj395sc , that without prior adjudication or reorganization of the disputed claim of the workmen to ..... 10 that the order of discharge or dismissal was not justified and has set aside that order and reinstated the workman. this court in the case of punjab beverages pvt. ltd. v. suresh chand : (1978)iillj1sc , held that a proceeding under section 33-c(2) is a proceeding in the nature ..... entitlement and then proceed to compare the benefit so adjudicated on that basis in exercise of its power under section 33-c(2) of the act. it is only when the entitlement has been earlier adjudicated or recognised by the employer and thereafter for the purpose of implementation or enforcement thereof ..... entitlement and then proceed to compute the benefit so adjudicated on that basis in exercise of its power under section 33-c(2) of the act. it is only when the entitlement has been earlier adjudicated or recognized by the employer and thereafter for the purpose of implementation or enforcement thereof .....

Tag this Judgment!

Oct 31 2007 (HC)

Santosh Kumari Vs. State of H.P. and ors.

Court : Himachal Pradesh

Decided on : Oct-31-2007

Reported in : 2008ACJ1684,2008(I)ShimLC355

..... of the husband of the petitioner. it is submitted that a case fir no. 4/2001 under section 61 (i) (xiv) of the punjab excise act has been registered against the deceased at police station, kandaghat on 8.1.2001 at about 2.30 p.m. the respondents plead that when ..... a running bus and had sustained injuries. his condition was serious and jagdish chand should reach snowdon hospital, shimla. a criminal case under the punjab excise act was reported to have been registered against him. the petitioner pleads that jagdish chand (brother of the deceased) hired a private vehicle from sadhupul ..... 1994 supp. (3) scc 100, kewal pati (smt.) v. state of u.p. and ors. : 1995crilj2920 , inder singh v. state of punjab and ors. : 1995crilj3235 , state of m.p. v. shyamsunder trivedi and ors. : (1995)4scc262 and by now celebrated decision in shri d.k. basu v. state ..... be showing any noticeable change. the anguish expressed in gauri shanker sharma v. state of u.p. : [1990]1scr29 , bhagwan singh and anr. v. state of punjab : 1992crilj3144 , smt. nilabati behera @ lalita behera v. state of orissa and ors. air 1993 sc i960, pratul kumar sinha v. state of bihar and anr. ..... under the constitution, is a claim based on strict liability and is in addition to the claim available in private law for damages for tortious acts of the public servants. public law proceedings serve a different purpose than the private law proceedings. award of compensation for established infringement of the indefeasible .....

Tag this Judgment!

Nov 12 2007 (HC)

D.A.V. Senior Secondary School Vs. State of H.P. and ors.

Court : Himachal Pradesh

Decided on : Nov-12-2007

Reported in : 2008(I)ShimLC343

..... respondent no. 4 to register the fir in this regard.8. the hon'ble supreme court in parkash singh badal and anr. v. state of punjab and ors. (2007) 1 scc has in detail discussed the legal principles governing the registration of cognizable offences and the investigation whatsoever thereof. their lordships ..... the petitioner-school i.e. d.a.v. senior secondary school, una (hereinafter referred to as the petitioner) came to existence in the year 1911. the strength of the institution is about 3200 students. the principal of the school sent a communication to respondent no. 4 on 19.5.2007 ..... should be reduced into writing which provision was subsequently modified by section 112 of the code of 1872 (act x of 1872) which thereafter read that 'every complaint' preferred to an officer incharge of a police station shall be reduced in writing. the word ..... purposely thought it fit to employ only the word 'information' without qualifying the said word. section 139 of the code of criminal procedure of 1861 (act xxv of 1861) passed by the legislative council of india read that 'every complaint or information' preferred to an officer incharge of a police station ..... about the incident whereby the principal of the school was gheraoed by sh. parmod kumar, umesh kumar and narender kumar on 6.6.2007. this act on the part of the teachers mentioned in the communication dated 8.6.2007 also constituted cognizable offences. the superintendent of police, una was bound .....

Tag this Judgment!

Jun 01 2007 (HC)

Mohan Lal Vs. Himachal Pradesh State Forest Corporation and ors.

Court : Himachal Pradesh

Decided on : Jun-01-2007

Reported in : (2008)ILLJ524HP

..... no finding recorded in the impugned order that the explanation furnished by the appellant was factually incorrect. a president is supposed to act in the best interest of the municipality which he is heading, in spite of the fogging machine, worth lakhs, having been found by the executive officer to be ..... fit for the purpose for which it was being purchased, all the more, when the funds for purchasing the machine were made available to the municipality by the district planning board. even accepting the allegations made against the appellant, as contained in the show-cause notice, to be correct, ..... of our judicial process which also governs quasi-judicial authorities when deciding controversial points affecting rights of parties.37. in tarlochan dev sharma v. state of punjab and ors. : [2001]3scr1146 , where the impugned order was founded on grounds at variance from the one in show cause notice, the same is ..... that rule was necessary for a just decision' on the facts of that case.29. in ml gem v. chief engineer, (d), irrigation works, punjab & chandigarh and ors. it was, held that incorporating the proposed punishment in the notice itself is error in law and violates the principles of natural ..... . these principles have been applied by the supreme court in a case of reversion of a government servant in the case of sukhbans v. state of punjab : (1963)illj671sc , to which i shall have occasion to refer more fully hereafter.in my opinion, the petitioner before me has succeeded in establishing .....

Tag this Judgment!

May 09 2007 (HC)

State of H.P. Vs. Lashkari Ram

Court : Himachal Pradesh

Decided on : May-09-2007

Reported in : (2008)ILLJ137HP,2008(1)ShimLC245

..... establishments. but, it is contended, the law referred to under section 1(3)(b) must be a law which relates to both shops and establishments, such as the punjab shops & commercial establishments act, 1958. it is difficult to accept that contention because there is no warrant for so limited the meaning of the expression 'law' in section 1(3)(b). the expression ..... . the question whether the workman appointed on daily wages are entitled to the payment of gratuity or not under payment of gratuity act, 1972 has been considered by madhya pradesh high court in municipal council panna v. controlling authority and anr. 2002-ii-llj-379 (mp). the single judge has held as under:from a bare reading of the above quoted notification ..... a local body and more than ten persons were in the employment as required under the notification. the petitioner/municipal council cannot escape the observance of the provision of the act of 1972. an 'employee' has been defined in section 2(e) of the act of 1972 to mean that any person (other than an apprentice) employed on wages, in any establishment, factory ..... 1972.17. the question whether a workman would be entitled to payment of gratuity under the payment of gratuity act, 1972 when the employer had adopted the provisions of ccs (pension) rules, 1972, has been considered by the hon'ble supreme court in municipal corporation of delhi v. dharam prakash sharma and anr. : (1998)iillj625sc their lordships have held as under at .....

Tag this Judgment!

Jun 18 2007 (HC)

Jagdish Ram and ors. Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Decided on : Jun-18-2007

Reported in : 2008ACJ433

..... may be declared and treated as negligence without any argument or proof as to the particular surrounding circumstances, either because it is in violation of a statute or valid municipal ordinance, or because it is so palpably opposed to the dictates of common prudence that it can be said without hesitation or doubt that no careful person would have been ..... to be rejected outright as a document which is prepared on hypothesis without reference to any facts whatsoever.17. the hon'ble apex court in jacob mathew v. state of punjab : 2005crilj3710 , has laid down in extenso the law dealing with the criminal negligence and actionable medical negligence in tort for the practitioner in the present petition, it is only ..... given in law of torts, ratanlal & dhirajlal (edited by justice g.p. singh), referred to herein-above, holds good. negligence becomes actionable on account of injury resulting from the act or omission amounting to negligence attributable to the person sued. the essential components of negligence are three: 'duty', 'breach' and 'resulting damage'.(2) negligence in the context of the ..... ordinary human error and human limitations in the performance of complex tasks, (ibid, p. 247).(iv) conviction for any substantial criminal offence requires that the accused person should have acted with a morally blameworthy state of mind. recklessness and deliberate wrongdoing are normally blameworthy, but any conduct falling short of that should not be the subject of criminal liability. common .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //