Himachal Pradesh Court November 1978 Judgments
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Nutrine Confectionery Co. Ltd. Vs. State of Himachal Pradesh and anr.
Court: Himachal Pradesh
Decided on: Nov-10-1978
Reported in: 1979CriLJ219
ORDERC.R. Thakur, J.1. This petition under Section 482 of the Code of Criminal Procedure have been filed by the Nutrine Confectionery Co. Ltd. (hereinafter called the Company) for quashing the prosecution of the petitioner under Section 16 (1)(a) read with Section 7 of the Prevention of Food Adulteration Act (shortly called the Act) under the order, dated 13-12-1977, whereby the learned Chief Judicial Magistrate, Kulu, on acquittal of Rajesh Kumar ordered the prosecution of Pad-manabhan, the proprietor of M/s. Voltas Ltd., respondent No. 2, and on an application of Padmanabhan, the learned Magistrate further ordered the prosecution of Nutrine Confectionery Co. Ltd., i.e. the present petitioner in exercise of the powers under the provisions of Sec tion 190 (c) Cr.P.C. read with Section 20-A of the Act.2. On 30th September, 1975, the Food Inspector, Kulu, purchased one packet containing one kg. of 'dairy toffee' out of a .total number of 29 packets found in possession of Rajesh Kumar for...
Gopal Chauhan Vs. Smt. Satya and anr.
Court: Himachal Pradesh
Decided on: Nov-10-1978
Reported in: 1979CriLJ446
ORDERT.U. Mehta, C.J.1. The petitioner has Field this petition invoking the inherent powers of this Court under Section 482 of the Cr.P.C. as well as Supervisory powers under Art- 227 of the Constitution of India and wants to quash the process issued by the Judicial Magistrate First Glass at Simla under Sections 380, 420, 448, 500 and 501 I. P. C. before more than three years from now i.e. on 9th July, 1975, and the subsequent proceedings which have taken place in the court of the learned Magistrate pursuant to the issue of that process.2. Short facts of His case are that the respondent No. 1 Smt. Satya filed a complaint against the present petitioner making certain allegations to show that the petitioner played fraud and deceit on her with the result that she was induced to surrender her body to the petitioner for a number of months and ultimately she also conceived and committed abortion at the instance of the petitioner. She has further alleged that though the petitioner had perform...
Shakti Singh Vs. State and ors.
Court: Himachal Pradesh
Decided on: Nov-08-1978
Reported in: AIR1979HP19
T.U. Mehta, C.J.1. The petitioner has filed his nomination paper to contest the election of the Gram Panchayat Saloh as Pradhan. The respondent No. 5, Ranbir Singh, has also filed his nomination paper with a view to contest the election of the Pradban of the samr Panchayat. The petitioner, however, took objection to the nomination paper filed by the respondent No. 5 on the ground that the respondent no. 5 was disqualified under Section 9 (5) (f) of the Himacnal Pradesh Panchayati Raj Act, 1968 because he is prohibited from re-employment on his dismissal from military service by virtue of the order passed by the Chief of the Army Staff on 9-5-1959 as found at Annexure PB. For this proposition the petitioner relied upon the copy of the extracts and the gazette notification issued in the matter. It is alleged by the petitioner that the respondent No. 4, who is the Assistant Returning Officer, was expected to scrutinise the objection raised by the petitioner against the nomination filed by...
Shamsher Singh Vs. the Assistant Returning Officer and ors.
Court: Himachal Pradesh
Decided on: Nov-07-1978
Reported in: AIR1979HP22
T.U. Mehta, C.J.1. The petitioner filed his nomination paper for being elected as a Panch of the Gram Panchayat of the Village Baghlehar. Election programme was published and accordingly he filed his nomination on 27th October. 1978. On that day, the Assistant Returning Officer made the following endorsement on his nomination paper: 'No 1/SPL, D/- 27-10-1978 Forwarded in original the nomination paper of Shri Shamsher Singh to the Returning officer. Nalagarh for necessary orders regarding acceptance of his nomination form. His date of birth in the voters list is 24 years which seems totally wrong. Kindly issue necessary instructions. The nomination form was presented to me within time and immediately referred for necessary action please. Sd/-A. R. O. Baghlaher27-10-1978' Returning Officer,Tehsil Nalagarh. Under Rule 14, the Assistant Returning office had authority to scrutinize the nomination paper but instead of exercising this authority be, by the above endorsement, forwarded the no...
R.K. Vol GoldstaIn and anr. Vs. Stanley Haque
Court: Himachal Pradesh
Decided on: Nov-01-1978
Reported in: 1979CriLJ338
T.U. Mehta, C.J.1. The learned Judicial Magistrate First Class, simla has framed charge against both the petitioners for the offence under S, 454, and the same Section read with Section 109, I. P. C. The respondent No. 1 Shri Stanley Haque, who is officiating Chairman of the Board of Governors of the Bishop Cotton School, filed a private complaint against the present petitioners and one other for the offences under Sections 454 and 448 I.P.C. On this complaint, the learned Magistrate issued summons under Section 448 I. P. C. Thereafter, evidence offered by the complainant was recorded and ultimately after hearing the learned Advocates of the parties the learned Magistrate has framed charge against these two petitioners, as stated above, on 1st March 1975 and discharged th original accused No. 2.2. Being aggrieved by this order of the learned Magistrate, the present petitioners, against whom the charge has been framed, have approached this Court in this revision.3. It appears that on 5-...
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