Himachal Pradesh Court August 1984 Judgments
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Om Prakash Sood and anr. Vs. State of Himachal Pradesh and anr.
Court: Himachal Pradesh
Decided on: Aug-03-1984
Reported in: AIR1985HP53
P.D. Desai, C.J.1. The petitioners are residents of Shimla and they are registered as voters in the electoral rolls of the Shimla Assembly Constitutency. The first petitioner was also an elected member of the Shimla Municipal Committee (hereinafter to be referred to as 'the Municipal Committee') from 1960 to 1966.2. The Local-Self Government in the town of Shimla has passed through several vicissitudes. The last general election to the Municipal Committee was held sometime in 1960 under the provisions of the Punjab Municipal Act, 1911 (hereinafter to be referred to as the 'Punjab Act') which was thin applicable to the local area declared to be the Municipality of Shimla. By a notification dt. May 16, 1966, which was published in the Punjab Government Gazette (Extraordinary) dt. May 17, 1966, the Governor of Punjab superseded the Municipal Committee with immediate effect in exercise of the powers conferred by Section 238 of the Punjab Act and directed that all powers and duties of the M...
Ram Asra and ors. Vs. Smt. Chinti and ors.
Court: Himachal Pradesh
Decided on: Aug-03-1984
Reported in: AIR1986HP55
H.S. Thakur, J. 1. The dispute between the parties relates to a small area of land, measuring 4 marlas. The appellants (hereinafter to be referred to as the 'plaintiffs') instituted a suit in the Court of Sub Judge at Una for possession of the land in dispute. The trial court decreed the suit of the plaintiffs. Aggrieved by the said decree and judgment, the respondents (hereinafter to be referred to as the 'defendants'), preferred an appeal before the learned District Judge, who allowed the appeal and set aside the decree passed in favour of the plaintiffs. The plaintiffs have challenged the decree and judgment passed by the learned District Judge and have preferred this appeal. 2. Necessary facts for the decision of this appeal may briefly be stated. One Tulsi was the occupancy tenant of the land in dispute. He died issueless on March 25, 1953 and was survived by his widow, Smt. Hazari. Soon after the death of Tulsi the Act known as The Punjab Occupancy Tenants (Vesting of Proprietary...
Mohinder Singh Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Aug-02-1984
Reported in: 1985CriLJ110
ORDERT.R. Handa, J.1. 'Whether the non-compliance of the provisions of Rules 7 and 18 of the Prevention of Food Adulteration Rules, 1955 (hereinafter referred to as the Rules), would vitiate the conviction Under Section 7 read with Section 16 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act)' is the main question which falls for consideration in this Criminal Revision Petition. This question has arisen in the following circumstances :2. The petitioner runs a petty shop in village Nangal Khurad. On 4-8-1980, PW Prem Chand, Food Inspector visited the petitioner's shop and after disclosing his identity and the purpose of his visit, he purchased a sample of sweet-balls from the petitioner. This sample was purchased and dealt with on the spot in the manner prescribed under the Act and the Rules. One part of the sample was later sent to the Public Analyst along with form-VII bearing the specimen impressions of the seal used in sealing the sample. The other two p...
Netar and ors. Vs. Jagta
Court: Himachal Pradesh
Decided on: Aug-01-1984
Reported in: AIR1985HP88
H.S. Thakur, J.1. This appeal is directed against the decree and judgment passed by the learned Additional District Judge, Kangra on 31-8-1970, dismissing the appeal, on the solitary ground of the same having abated in its entirety.2. Necessary facts relevant to decide this point may be stated. The respondent/plaintiff filed a suit for the possession of land in suit which was decreed in his favour and against the appellants/defendants. An appeal was preferred against the decree and judgment passed by the trial Court. Chand, one of the appellants, during the pendency of the appeal died and his legal representatives were not brought on record within limitation. Accordingly, the learned Additional District Judge dismissed the appeal as having abated in its entirety. Aggrieved by the .said judgment and decree, the appellants have preferred this appeal.3. It is contended by the learned counsel for the appellants that the appeal has abated qua Chand alone and not against the present appellan...
Ratti Ram Vs. Smt. Basanti and ors.
Court: Himachal Pradesh
Decided on: Aug-01-1984
Reported in: AIR1986HP61
H.S. Thakur, J.1. This appeal is directed against the judgment and decree passed by the learned District Judge, Shimla, dt. Nov. 27, 1970, affirming the decree and judgment passed by the trial court.2. Necessary facts relevant to decide this appeal may be stated. Mathu and Mast Ram were real brothers. Mathu died issueless and was survived by his widow Smt. Basanti. The appellant (hereinafter to be referred to as the 'plaintiff') and respondents Bishia and Kewalia (respondents 2 and 3 respectively) are the sons of Mast Ram. Mst. Basanti succeeded Mathu as his widow. The plaintiff filed a suit against respondent 1 Mst. Basanti (defendant 1) and also impleaded Bishia and Kewaliarespondents 2 and 3 as defendants (the respondents shall be referred to hereinafter as the 'defendants') alleging that since defendant 1 had remarried one Sobhu and had also become unchaste after the death of her husband, she had lost all rights in the property inherited by her as a widow of Mathu. It may be pointe...
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