Himachal Pradesh Court August 1983 Judgments
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The Municipal Corporation Vs. K.C. Khanna
Court: Himachal Pradesh
Decided on: Aug-29-1983
Reported in: 1984CriLJ869
ORDERVyas Dev Misra, C.J.1. Shri Prem Chand, a Forest Guard of Municipal Corporation, Simla (the Corporation), has Khalini beat. On 15-3-1983 he was patrolling with a 'B.O.' and Pratap Singh, Forest Guard. In the compound of 'Ravensdale', Chhota Simla, he saw that the owner of the house had kept one apple tree, one miscellaneous tree and 9 small saplings of apple in the shed. He reported the matter. In the report it was stated : 'accused K.C. Khanna, s/o Kedar Nath, r/o Ravensdale, Chhota Simla-2, has been apprehended while causing damage to the jungle.' It may straightway be noticed that the report is on a form printed in Hindi and this Forest Guard did not strike out alternatives which are printed in the form. In this report the name of one Ravi Kumar of Ladies Park, the Mall Simla, is mentioned as a witness. At the place where the signatures of the accused are required to be obtained, it is written : 'was not present'. In other words Shri K.C. Khanna was never contacted by this Fore...
Himachal Pradesh State Forest Corporation, Simla Vs. Hari Chand
Court: Himachal Pradesh
Decided on: Aug-18-1983
Reported in: AIR1984HP51
V.P. Gupta, J. 1. The plaintiff is a corporate body and is engaged in the extraction of resin from the forests of Himachal Pra-desh. It has a factory known as 'Rosin and Turpentine Factory' at Nahan for the manufacture of rosin out of resin. In the month of March 1979, forest in lot No. 2 of 1979 of Chopal Forest Division was auctioned to defendant and an agreement was executed between the parties on 1st August, 1979. As per terms of the agreement the defendant was allotted 20,585 blazes and the minimum yield per thousand blazes was at the rate of 20 quintals and the total yield for the entire lot was fixed to be 412 quintals resin. This resin was to be delivered by the defendant at the 'Rosin and Turpentine Factory' at Nahan and the defendant was to receive payment at the rate of Rs. 166 per quintal. The contract was to be completed till 3Jst December, 1979. According to the terms ofthe agreement, the defendant was handed over the possession of 20585 blazes. The defendant could also g...
Sat Pal Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Aug-11-1983
Reported in: 1984CriLJ271
ORDERVyas Dev Misra, C.J.1. This revision is directed against the order of Shri D.P. Sood, Sessions Judge. Solan, whereby he accepted the petitioner's appeal and ordered a retrial.2. The relevant facts for the decision of this petition are these. The Food Inspector took a sample of rapeseed oil from the shop of one Amar Chand at Arki on 9-12-1977. One of the sample bottles was sent to the Public Analyst, Punjab who found the sample to be adulterated. A complaint under Section 7 read with Section 16, Prevention of Food Adulteration Act was filed by the Food Inspector against Shri Amar Chand as well as his suppliers M/s. Raja Ram Jai Prakash of Ambala City. Shri Sat Pal petitioner is stated to be the proprietor of the firm. The trial Court acquitted Amar Chand but convicted the present petitioner and sentenced him to rigorous imprisonment for six months and to a fine of Rs. 1,000/-. Sat Pal appealed and the learned Sessions Judge accepted the appeal as stated above.3. The only reason for...
Kaviraj Bhupender Nath Gupt and anr. Vs. Union of India (Uoi) and ors.
Court: Himachal Pradesh
Decided on: Aug-03-1983
Reported in: AIR1984HP25
V.D. Misra, C.J.1. The Indian Medicine Central Council Act, 1970 (the Act) provides for the constitution of the Central Council of Indian Medicine under Section 3, Sub-section (1) of Section 3 empowers the Central Government to constitute a Central Council by a modification in the official gazette consisting of members mentioned therein Clause (a) empowers the Central Government to determine the number of members not exceeding five in accordance with First Schedule 'for each of the Ayurveda, Siddha and Unani system of medicine.' from each State in which a State Register of Indian Medicine is maintained. The members are 'to be elected from amongst themselves by persons enrolled on that Register as practitioners of Ayurveda Siddha or Unani, as the case may be', The Central Government, has determined that one member representing Ayurveda and one member representing Unani system of medicine for the State of Himachal Pradesh are to be on the Council. The elections are to be held in accordan...
Vinay Saihgal and ors. Vs. State of Himachal Pradesh and anr.
Court: Himachal Pradesh
Decided on: Aug-03-1983
Reported in: AIR1984HP35
V.D. Misra, C.J.1. The Government has shifted the headquarters of the Himachal pradesh Board of School Education (the Board) from Shimla to Dharamsala in public interest. Some of the employees of the Board, the present petitioners, are up in arms. They challenge the competency of the Government to order the shifting of the headquarters. They point out that even one of the members of the Board. Shri Keval Ram Chauhan, Members, Legislative Assembly, is opposed to this shifting. They rely on an undated letter (Annexure-PD) written by him to the Chairman of the Board asking the latter to find the views of the Board before the decision is implemented by the Board. We may straightway point out that this letter is not on the records of the 'Board since it was a personal letter written to theChairman of the Board, Shri Hardayal.It may also be pointed out that this letter in original as well as its copy was handed over by Shri Kewal Ram Chauhan to Shri Gita Ram, General Secretary of the Employe...
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