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Himachal Pradesh Court October 1980 Judgments

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Oct 14 1980

Shiv Nath Vs. Basanta and ors.

Court: Himachal Pradesh

Decided on: Oct-14-1980

Reported in: AIR1981HP27

V.D. Misra, C.J.1. This judgment will dis-pore of execution second appeals Nos. 1 and 2 of 1975 since common questions of law and fact have to be decided.2. The relevant facts are these. On 18th January, 1960, final decree for possession of the agricultural land in question was passed in favour of Shiv Nath The decree holder made an application for execution of the decree on 3rd March. 1965. Tt was dismissed on 21st August. 1905, as being barred by time Second application was made on 26th August, 1965. It met the same fate. The third application for execution was made on 29th January, 1966. The decree holder claims that he got possession of the suit land on 18th June, 1966. The judgment-debtorwho does not admit this fact, made an application on 30th November, 1970. He denied possession having been delivered to the decree holder. The executing court accepted the objection application holding that the application for execution was time barred and that the judgment-debtor was never dispos...


Oct 14 1980

Gopi Nath and Sons Vs. State of Himachal Pradesh and anr.

Court: Himachal Pradesh

Decided on: Oct-14-1980

Reported in: 1981CriLJ175

ORDERT.R. Handa, J.1. The petitioner seeks to invoke the inherent jurisdiction of this Court under Section 482 of the Cr. P.C. for quashing of the criminal proceedings pending against it under the Prevention of Food Adulteration Act (for short, 'the Act') as also the charge framed against it under Section 16(1)(i) read with Section 7 of the Act in such proceedings,2. The petitioner is a firm carrying on business of general merchandise and confectionery at Solan. It is also the local distributor (whole-sale agent) of the products of Messrs Mortons Confectionery and Milk Products Factory which is owned by Messrs Upper Ganges Sugar Mills Limited, Calcutta. The petitioner firm sold four packets of one kilogram each of hard boiled sugar confectionery vide bill No. MOR 50 dated 25-6-1979 to M/s. Goyal Provision Stores, Parwanoo. Each of the packets was sealed in a polythene package. These packages when sold by the petitioner to the aforesaid firm Goyal Provision Stores contained a label with...


Oct 08 1980

Pritam Singh Vs. State

Court: Himachal Pradesh

Decided on: Oct-08-1980

Reported in: 1981CriLJ554

ORDERH.S. Thakur, J.1. The petitioner has filed this application under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India, for quashing the charges framed against him by the Special Judge, Solan and Sirmur Districts, on 18th October, 1979,2. In order to appreciate the facts of the case, it is desirable to reproduce the report made against the petitioner by the Delhi Special Police Establishment. Ambala Branch, as contained in the application:Information: Information has been received that Sh. Pritam Singh while posted as Income-tax Officer at Simla during the year 1974-75 was dealing with the Income-tax assessment cases of M/s. Mohan Meakins Breweries, Solan involving large amount of Income-tax relating to the assessment year 1973-74. It is alleged that Shri Pritam Singh, during the pendency of the said assessment case accepted. hospitality from the said assesses firm in the form of his stay in Hotels at Chail, Kasauli, Delhi and Luck-now w...


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