Himachal Pradesh Court July 1980 Judgments

Shri Kundan Lal Ahuja and anr. Vs. State of Himachal Pradesh and ors.

Court: Himachal Pradesh

V.D. Misra, C.J.1. This judgment will dispose of Writ Petitions Nos. 232 of 1978, 81, 85 and 129 of 1979 since a common question of law has been raised by the petitioners.2. Section 42 of the Himachal Pradesh General Sales Tax Act (referred to as the Act) empowers the State Government to issue a notification exempting, amongst others, small-scale industries from the payment of tax under this Act on the purchase or sale of any goods subject to such conditions as may be specified by the notification. The Government of Himachal Pradesh issued notification (annexure PA) dated 27th May, 1974, granting exemption from payment of sales/ purchase tax to the small-scale industries with effect from 12th April, 1971. The relevant conditions laid down in the notification were these :(1) that there shall not be charged sales/purchase tax from the small-scale industries which were in existence and registered with the Industries Department as such on 12th April, 1971, for a period of three years from ...

Prabhu Vs. Narpet and ors.

Court: Himachal Pradesh

Reported in: AIR1980HP42

V.P. Gupta, J. 1. This regular first appeal has been filed by Prabhu appellant against the award, dated 5th Oct., 1967 given by the Additional District Judge, Mandi.2. The brief facts of the case are that land measuring 15-6-0 bighas situate in village Purana Nagar, Tehsil Sundernagar, District Mandi, was acquired in the year 1961, and an amount of Rupees 44,072-14 P. was assessed as its compensation. The Land Acquisition Collector referred the matter for apportionment, under Section 30 of the Land Acquisition Act, to the District Judge, because Prabhu appellant claimed himself to be a tenant-at-will of the land. The claimof Prabhu, who was also a co-owner inthe acquired land, with respect to tenancy was denied by the other co-owners. The Additional District Judge, Mandi, who had to decide this reference framed the following issues on 1st August 1964 :'1. Whether Lagnoo, Narpat & Param Dev & Bholu have also a share in the tenancy rights with Prabhu? O. P. Lagnoo etc.2. Relief.' Another...

State of Himachal Pradesh, Etc. Vs. Dhuru Ram, Etc.

Court: Himachal Pradesh

Reported in: AIR1981HP34

V.P. Gupta, J. 1. The facts in all these regular first appeals are practically the same. To appreciate the points in controversy, we are giving briefly the facts of R.F.A. No. (544 of 1978 for the purposes of this reference only. 2. On an application of Dhuru Ram respondent, a reference was made under Section 18 of the Land Acquisition Act by the Land Acquisition Officer to the District Judge, Kangra at Dharamsala. This refer-ance was decided by the Additional District Judge, Kangra at Dharamsala, on 25th June, 1977, and the award was announced in favour of Dhuru Ram claimant-respondent. 3. The State of Himachal Fradesh feeling aggrieved from the decision of the Additional District Judge, by which the amount of compensation had been enhanced, fiied this appeal, being R. F. A. No. 644 of 1978. when the notice of appeal was sent to the respondent, a report was received to the effect that the respondent shown in the cause title of the appeal had died. 4. Upon receipt of this report, the a...

Smt. Badamo Devi and anr. Vs. State and anr.

Court: Himachal Pradesh

Reported in: 1980CriLJ1143

ORDERT.R. Handa, J.1. The petitioners seek to invoke the revisional and inherent jurisdiction of this Court under Sections. 397 and 482 of the Code of Criminal Procedure for quashing of the criminal proceedings pending against them in the Court of the Chief Judicial Magistrate, Simla vide case No, 44/10 of 1980 on the file of that Court.2. It appears that PW Tota Ram started constructing a house in village Bhoral in or about September, 1978. Shri Adam Ram respondent No. 2 asserted his claim over the site of that construction and in order to establish that claim he approached the Civil Court from where he initially succeeded in obtaining a temporary injunction restraining Tota Ram from raising construction on that site. that temporary injunction was, however, sub-sequently vacated by the Court on 26-9-1978 whereafter Tota Ram resumed his construction.3. On the night of 6th November, 1978 when the aforesaid construction was still in progress PW Nokh Ram happened to pass by that side when...

Gandharv Lal Vs. State of Himachal Pradesh

Court: Himachal Pradesh

Reported in: 1980CriLJ1189

ORDERT.R. Handa, J.1. By this petition filed under Section 482 of the Code of Criminal Procedure, hereinafter shortly stated 'the Code', the petitioner prays for quashing his prosecution under Section 16(1)(a) read with Section 7 of the Prevention of Food Adulteration Act, 1954, hereinafter referred to as 'the Act', as ordered by the Judicial Magistrate 1st Class Ghum-arwin vide his order dated 21-9-1979 whereby the Judicial Magistrate discharged Shri Bal Kishan (vendor) against whom the original complaint under Section 16(1)(a) of the Act had been filed by the Food Inspector and on an application made by the said Shri Bal Kishan, directed prosecution of the present petitioner for the offence aforesaid.2. It appears that on 28-11-1978 the Food Inspector, Bilaspur purchased a sample of Meethi Golian from Shri Bal Kishan of village Dakari, Tehsil Ghum-arwin, for the purpose of analysis under the Act. The said sample, according to the allegations made in the complaint lodged by the Food I...