Himachal Pradesh Court June 1983 Judgments
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Narottam Datt Sharma and ors. Vs. Himachal Pradesh State Electricity B ...
Court: Himachal Pradesh
Decided on: Jun-27-1983
Reported in: 1983CriLJ1580
ORDERH.S. Thakur, J.1. The petitioners have filed this petition under the Contempt of Courts Act for punishing the respondents for the disobedience of the order of this Court.2. The relevant facts for determining this petition may be stated. The petitioners filed a writ petition No. 336 of 1976. which was decided on Sept, 11, 1981. For the purpose of deciding this contempt petition, it is sufficient to reproduce the operative portion of the judgment which runs as under:-For the foregoing reasons and observations, I am of the view that the petitioners cannot be forced to work against the promoted posts on ad hoc basic and can legitimately claim their reversion to their regular posts of Junior Scale Stenographers, They are further entitled to be considered for promotion to the posts of Senior Scale Stenographers in accordance with the then existing rules and regulations. The writ petition is accordingly allowed. It is contended by the petitioners that the aforesaid orders were also confi...
Bela Singh Vs. Smt. Neena Kumari Kaushik
Court: Himachal Pradesh
Decided on: Jun-23-1983
Reported in: AIR1984HP7
ORDERVyas Dev Misra, C.J.1. The learned counsel forthe parties agree that the whole revision can be decided peremptorily.2. The respondent is the landlord and the present petitioner is the tenant. The landlordd made an application for eviction of the tenant. Various grounds were taken. One of the grounds was the arrears of rent. Another ground was per bona fide need, and the third related to the building having unsafe for habitation. The tenant raised various objections. One of the objections was that, there was no relationship of landlord and tenant. The Rent Controller decided against the tenant.The tenant appealed. The Appellate Authority has dismissed the appeal.3. I find that though the judgment runs into practically ten pages the main question decided is about the effect of non-deposit of the arrears of rent within the stipulated period. The Appellate Authority forgot that in an appeal a party is entitled to raise all the questions available and those questions must he decided. I...
Digamber JaIn Sabha and anr. Vs. State of Himachal Pradesh and anr.
Court: Himachal Pradesh
Decided on: Jun-22-1983
Reported in: 1984CriLJ272
ORDERV.D. Misra, C.J.1. By an order dt. 20th May, 1983 I had, quashed the impugned order passed by the Executive Magistrate under Section 145 of the Criminal P. C. I now proceed to give the reasons.2. Shri Digamber Jain Sabha, Shimla, is a Society (referred to as the Society) registered under the Societies Registration Act. Shri M. D. Jain is the Secretary of the Society. The Society had been running a free Homoeopathic dispensary known as Shri Digamber Jain Free Homoeopathic Dispensary, Simla, in the building known as Shri Digamber Jain Dharamsala Building, Simla. It had employed one Dr. G. K. Kohli, a Homoeopath, to run the dispensary. He was employed on 15th June, 1967. At one time Dr. Kohli left the service but was re-employed on 16th Aug. 1973: On 10th Oct. 1982 the Executive Committee of the Society took a decision to close the Homoeopathic dispensary and open either an Allopathic or Ayurvedic dispensary. This decision was approved by the general body of the Society in its meetin...
State of Himachal Pradesh Vs. Thakur Dass and Etc. Etc.
Court: Himachal Pradesh
Decided on: Jun-22-1983
Reported in: 1983CriLJ1694
V.D. Misra, C.J.1. Whether Rule 9-A. Prevention of Food Adulteration Rules (referred to as the Rules) is directory or mandatory is the question which falls for decision in a number of appeals. Rule 9-A reads:9-A. The Local (Health) Authority shall immediately after the institution of prosecution forward a copy of the report of the result of analysis in Form III delivered to him under Sub-rule (3) of Rule 7, by registered post or by hand as may be appropriate to the person from whom the sample of the article was taken by the Food Inspector, and simultaneously also to the person if any, whose name address and other particulars have been disclosed under Section 14-A of the Act:Provided that where the sample conforms to the provisions of the Act or the Rules made thereunder and no prosecution is intended under Sub-section (2E) of Section 13 of the Act. the Local (Health) Authority shall intimate the result to the vendor from whom the sample has been taken and also to the person, whose name...
Smt. Takri Devi Vs. Smt. Rama Dogra and ors.
Court: Himachal Pradesh
Decided on: Jun-06-1983
Reported in: AIR1984HP11
ORDERV.P. Gupta, J.1. The plaintiff claims herself to be the owner in possession of land measuring 9 bighas and' 11 biswas as detailed in the plaint and has prayed for a declaration to the effect that the gift deed D/- 19-2-1980 executed by her in favour of the defendant. Shri Charan Dass (now deceased) is a result of fraud, misrepresentation and undue influence and that the defendants be restrained by permanent injunction from interferingwith her possession of the suit land. Inthe alternative the plaintiff has claimed the possession of the suit land.2. It is alleged that the plaintiff is an illiterate old woman with low intelligence and has been deserted by her husband. There is nobody to look after her. She filed a suit in the year 1978 against Hari Ram and Smt. Johmi Devi in the court of Senior Sub-Judge. Kulu and engaged Shri Charan Dass (deceased defendant) as her counsel. Shri Charan Dass wielded considerable influence on her and was in a position to influence her judgment. Shri ...
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