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Himachal Pradesh Court February 2012 Judgments

Feb 28 2012

State of H.P Vs. Chuni Lal Tehsil Sadar, District Mandi

Court: Himachal Pradesh

Decided on: Feb-28-2012

Surinder Singh, J. Oral: 1. The respondent faced prosecution in the instant case for the offence punishable under Section 16(1)(a)(i) read with Section 7(i) and 7(ii) and in contravention of the Rules 32 (b)(f), 47, 23 and 29 of PFA Rules, 1955 framed under Prevention of Food Adulteration Act, 1954, in short ‘the Act’, allegedly for selling sweet scented saunf, which was found to be adulterated. The respondent was charge-sheeted, tried and acquitted on the ground that there was non-compliance of Section 13(2) of the Act. State felt aggrieved by the impugned judgment of acquittal, as such, filed the present appeal. 2. I have heard the learned counsel for the parties and have meticulously examined the record in the light of relevant law. 3. In short the prosecution case can b e summedup thus. On 12.7.2000, CW1 I.D. Verma, Food Inspector intercepted the shop of the respondent and found that besides grocery, he had kept some packets of sweet scented saunf each weighing 100 gram...

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Feb 28 2012

Dilu Alias Tilu Vs. Devta Risha of Kanda

Court: Himachal Pradesh

Decided on: Feb-28-2012

Kuldip Singh, J. Oral: 1. The defendant has come in second appeal against judgment, decree dated 17.5.2002 passed by learned District Judge, Kullu, in Civil Appeal No. 5/2002, affirming judgment, decree dated 27.11.2001 passed by learned Senior Sub Judge, Kullu, in Civil Suit No.216 of 99. 2. The brief facts of the case are that respondent had filed a suit for declaration that respondent is owner in possession of the suit land, more specifically described in the plaint, as per copy of jamabandi for the year 1996-97. It has been alleged that respondent is owner in possession of the suit land. The revenue entries showing the appellant as tenant in possession of the suit land are wrong and contrary to factual position on spot and are not binding on the respondent. The appellant has no right, title or interest over the suit land. It has been alleged that when the jamabandi for the year 1996-97 was prepared, the appellant without notice, knowledge and behind the back of respondent and in co...

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