Himachal Pradesh Court March 1976 Judgments
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The Nalagarh Dehati Co-operative Transport Society Ltd. Etc. Vs. Suraj ...
Court: Himachal Pradesh
Decided on: Mar-29-1976
Reported in: AIR1977HP35
D.B. Lal, J.1. These are six Execution Second Appeals and have been directed against the judgment of the District Judge, Solan who has upheld in appeal the judgment of the Senior Sub-Judge and thereby dismissed the objections of the appellant preferred under Section 47 of the Civil Procedure Code, The facts arising out of these appeals are not controverted and may, in brief, be stated as follows.2. Under the Punjab Co-operative Societies Act, 1961, a dispute arose between the appellant and the respondent in respect of certain demand placed by the respondent upon the appellant and such disputes were referred to arbitration and awards were given against the respondent. Under Section 63 (a) of the Act the awards were deemed to be a decree of a civil court and were executed in the same manner as decree of such court. Accordingly the execution was solicited in the Court of the Senior Sub-Judge and after the necessary step of attachment etc., the property belonging to the appellant was likel...
Kanwar Dang Vs. Dr. Vasudeo Dang
Court: Himachal Pradesh
Decided on: Mar-25-1976
Reported in: 1977CriLJ1008
ORDERC.R. Thakur, J.1. In Criminal Revision No. 62 of 1975 the petitioner is the son and the respondent is the father. The petitioner is residing with his mother who has been divorced by the respondent and the petitioner at present is in the custody of the mother and the petitioner through his mother and guardian, filed an application under Section 488 of the Cri.P.C. on 6th of March, 1973 in the Court of the Judicial Magistrate, first class, Simla for grant of maintenance of an amount of Rs. 500/- per month from the date of the application. This application was opposed by the respondent.2. The learned Magistrate after examining the evidence came to the finding that the petitioner was entitled to maintenance at the rate of Rs. 200/- per month with effect from the date of the order which was passed on 30-6-1975. Against this order Kanwar Dang again filed this present petition and it was prayed that the maintenance instead of 30-6-1975 be ordered to be paid to the petitioner from 5-3-197...
Desa Singh Vs. State of H.P. and anr.
Court: Himachal Pradesh
Decided on: Mar-23-1976
Reported in: 1977CriLJ535
C.R. Thakur, J.1. Shri Desa Singh, proprietor of D.M. Desa Singh Majith Mandi, Amritsar has challenged the order dated 4-4-1974 whereby the learned Chief Judicial Magistrate., Kulu ordered the petitioner to be impkiaded as an accused under the provision of Section 20-A of the Prevention of Food Adulteration Act, (shortly called the Act) and the order dated 15-1-1975 whereby the learned Magistrate ordered that a charge under Section 16(1)(a)(i) read with Section 7 of the Act be framed against Shri Desa Singh.2. Shri R P. Sharma, who was posted as Food Inspector in Kulu in September, 1972, purchased three packets of Kashmiri Mirch as sample from Shri Vijay Kumar on 30-9-1972 on payment of Rs. 3.45, The sample as required under the law, was sent to the Public Analyst who found the same to contain living insects. The Food Inspector, therefore, filed a complaint against Vijay Kumar under Section 7 read with Section 16 of the Act.3. It appears that the plea of Shri Vijay Kumar was that he ha...
Moti and ors. Vs. State and ors.
Court: Himachal Pradesh
Decided on: Mar-10-1976
Reported in: 1976CriLJ1956
ORDERChet Ram Thakur, J.1. This criminal reference has been made by the Sessions Judge, Dharamsala, for quashing the order, dated 12-7-1973 passed by the Sub-Divisional Magistrate, Chamba. in proceedings under Section 145 of the Code of Criminal Procedure, 1898 declaring the possession of the disputed land in favour of Smt. Dhiko, Smt Bhutto and Hoshiara, and restraining Moti, Birbal, etc. from disturbing the possession of the respondents, Smt. Dhiko alleged that she along with her daughters was the owner of the land 5 bighas 19 biswas in village Karian in District Chamba. Smt. Dhiko on 26-5-1972 made a complaint before the Sub-Divisional Magistrate, Chamba complaining therein apprehension of breach of peace at the hands of Moti and eleven others in respect of the possession of the aforesaid land. This application purported to be one under Section 145 of the Code of Criminal Procedure. The Sub-Divisional Magistrate sent the complaint to the police, who after enquiry reported that there...
Union of India (Uoi) Vs. Himachal Shoddy Mills Ltd.
Court: Himachal Pradesh
Decided on: Mar-03-1976
Reported in: AIR1976HP54
D.B. Lal, J.1. This is an application on behalf of the respondents wherein they have sought for a certificate of fitness for appeal to Supreme Court under Article 133 (1) of the Constitution. Brief facts of the case from which the present application emerges may now be stated. Messrs. Himachal Shoddy Mills Limited filed a writ petition against the Union of India, the Textile Commissioner, and the State Trading Corporation, wherein they called upon the respondents not to withhold the allocation of unserviced raw material to which the petitioners were entitled. It is to be recalled that by an order made by the respondents the allocation of unserviced law material was suspended to the petitioners, with the consequence that the mill was likely to be closed. The main contention of the petitioners was that the statutory provision was not observed while suspending the raw material and that a principle of natural justice was involved because neither a show cause notice was given nor the petiti...
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