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Nutrine Confectionery Co. Ltd. Vs. State of Himachal Pradesh and anr.

Court : Himachal Pradesh

Reported in : 1979CriLJ219

..... prescribed 3.0% for milk toffee.3. therefore, on a complaint made by the food inspector, rajesh kumar was charged under section 16 (1)(a) read with section 7 of the act.4. in his examination under section 313 cr.p.c. the accused stated that he had purchased the toffees from m/s. voltas ltd., 7/1, ..... manager of the voltas ltd., and it was on his application that the present petitioner was also im-pleaded. therefore, the learned magistrate has acted in contravention of the mandatory provisions of section 20-a, which clearly say that the power can be exercised only during the trial and not thereafter.12. the learned magistrate has wrongly ..... been filed by the nutrine confectionery co. ltd. (hereinafter called the company) for quashing the prosecution of the petitioner under section 16 (1)(a) read with section 7 of the prevention of food adulteration act (shortly called the act) under the order, dated 13-12-1977, whereby the learned chief judicial magistrate, kulu, on acquittal of rajesh kumar .....

Sunka Ram Vs. Gram Panchayat, Patta and ors.

Court : Himachal Pradesh

Reported in : AIR1986HP63

..... . having been satisfied about the existence of the encroachment/ obstruction, the panchayat made a conditional order on april 21, 1983, under section 19(1)(a) of the himachal pradesh panchayati raj act, 1968 (hereinafter to be referred to as 'theact') requiring the petitioner to clear the encroachment within a period of 15 days and if ..... failed to produce any evidence or to clarify the position as required. under the circumstances, in purported exercise of the powers conferred by section 19(1) read with section 22 of the act, the conditional order made on april 21, 1983 was made absolute on may 7, 1983. the first respondent-panchayat also proceeded to give ..... appeal against the aforesaid order before the second respondent, who, by his order dt. dec. 14, 1983, dismissed the same. hence the presentwrit petition.2. section 19 of the act reads as under :--'19. power to require removal of encroachments and nuisance - (1) a gram panchayat, on receiving a report or other information and on .....

Shri Vinod Lal Vs. State of H.P.

Court : Himachal Pradesh

Reported in : 1995CriLJ2603

..... of the supreme court in state of rajasthan v. tarachand jain, 1973 scc (cri) 774 : 1973crilj 1396. the policy underlying section 6 corresponding to section 19(new) of the act of 1988 and similar sections like section 197 of the code is that there should not be unnecessary harassment of the public servant. the object as indicated above is to ..... notwithstanding the grant or refusal of the sanction for prosecution.9. the prime question for the consideration of the court in order to interpret section 19 of the act of 1988, read with section 197 of the code arises as to when a court can take cognizance of an offence. it is well-established that cognizance 'is taken ..... of a person employed in connection with the affairs of the union of state government or other authority and, as already observed, it is analogous to section 6 of prevention of corruption act (old) except clause 19(3) which provides that on the ground of irregularity of sanction, no finding of the court can be reversed. simultaneously, .....

Surender Kumar and anr. Vs. State of H.P.

Court : Himachal Pradesh

Reported in : 2008(2)ShimLC271

..... is not genuine and it has been prepared in order to match the prosecution story. therefore, in the present case, mandatory requirement of sending the report under section 42 of the act has not been complied.12. the prosecution case is that ashok kumar met the police party at khajurna bridge. the police party was already having a gypsy ..... and in case the informer is provided a vehicle he can get the accused apprehended and also the contraband recovered. this information was reduced into writing under section 42 of the act vide ext.pw-9/a and was sent to superintendent of police office, through constable azam ali. he was directed to arrange for a vehicle and ..... samples of poppy husk.4. on completion of investigation, challan was submitted and the case was committed on 13.3.2003. the charge was framed under section 15 of the act against both the accused who pleaded not guilty and claimed trial. the prosecution has examined 10 witnesses to bring home the charge and the statements of accused .....

Nyaya Panchayat Palog Vs. Ghanu Ram

Court : Himachal Pradesh

Reported in : AIR1964HP2,1964CriLJ34

..... an accu'sed as well as a witness. so far as the failure to attend on the part of a witness is concerned, provision has been made in section 91 of the act. the precise question for consideration is if the nyaya panchayat can take cognizance of wilful non-appearance of a person figuring as an accused in a case before it ..... or magistrate first class or sub-judge of the district or the sub-division, as the case may be, in which such sabha or panchayat is constituted; vide section 2 (e) of the act.the definition is not a very happily worded one and it were much better if the words 'collector', 'district magistrate' and 'sub-divisional judge' had been defined ..... and it was he who was competent to entertain the application in revision and the magistrate first class solan exceeded his jurisdiction in entertaining the application. according to section 93 of the act a revision from any order or decree passed by a bench or a full bench of the nyaya panchayat in a case or suit lies to the sub-divisional .....

Bhandaru Ram (Deceased) Through His Lr Rattan Lal Vs. Sukh Ram and Oth ...

Court : Himachal Pradesh

..... law, there is no civil right establishment of which is not circumscribed or governed by law of limitation. that is the principle behind section 3, read with section 27 of the limitation act. section 27 is unambiguously clear that at the determination of the period limited to any person for instituting a suit for possession of any property ..... in lieu of interest [or] partly in payment of the mortgagemoney, the transaction is called an usufructuary mortgagee and the mortgagee an usufructuary mortgagee. 8. section 60 of the act deals with the right of a mortgagor to redeem the mortgaged property. it reads as follows: 60. right of mortgagor to redeem.- at any time ..... to litigation). this principle has also been explained by the apex court in n. balakrishnan versus m. krishnamurthy, reported in (1998) 7 scc 123. section 3 of the limitation act, 1963 (in the instant case the suit instituted in the year 1990), provides that every suit instituted after the prescribed period of limitation shall be .....

Smt. Ved Kaur Chandel Vs. State of H.P. and ors.

Court : Himachal Pradesh

Reported in : AIR1999HP59

..... district bilaspur is directed to decide the complaint of superintending engineer, 10th circle, hp pwd, bilaspur, against respondent no. 5 for violation of roadside land control act, 1968 expeditiously. 23-24. liberty is reserved to the petitioner to approach this court at any time if in practice any kind of pollution is caused by respondent no. ..... is adjacent to the state highway connecting ghagas-kangra without leaving any scheduled width and controlled area as stipulated under the h.p. roadside land control act, 1968 (hereinafter called 'the act'). it is further alleged that rubber industry which is being set up by respondent no. 5 is pollutant in nature and is heavily dependent upon ..... be quashed and setaside; (ii) that the respondent no. 1 may be directed to initiate proceedings against respondent no. 5 under the h.p. roadside land control act, 1968; (iii) that the construction being raised by the respondent no. 5 may be directed to be demolished; (iv) that the respondent no. 5 may be .....

B.N. Pandey Vs. Smt. Indira Chohan

Court : Himachal Pradesh

..... entertaining any suit calling in question the order of (he controller. the cognizance of the suit as framed being thus expressly barred by the provisions of section 21 of the act, the suit of the petitioner was not maintainable in the civil court and the learned trial court had no jurisdiction to entertain the suit.10. thus ..... the respondent landlady brought an action for ejectment of the petitioner from the said premises in the court of rent controller simla under section 14, h. p. urban rent control act, hereinafter referred to as 'the act'. the main ground on which the ejectment of the petitioner was 'claimed was that the respondent landlady required the premises in question ..... the death of raj kumar sinha and the controversy concluded by it could not be reopened.'9. the matter may now be looked from another angle, section 14 of the act confers jurisdiction on the controller to pass order for ejectment of a tenant on being satisfied about the existence of certain grounds mentioned in the .....

Bhakra Beas Management Board Vs. Bansi Ram and anr.

Court : Himachal Pradesh

Reported in : 2007(2)ShimLC353

..... this court has held that the high court should not entertain writ petitions when there is delayed challenge to the notification under section 4(1) and declaration under section 6 of the act.11. in view of the pronouncements of law by the hon'ble supreme court in above cited cases with regard to delay ..... 4,98,529.11---------------------------------------------------------------------3. the award was made by the land acquisition collector on 28.10.1998. the petitioner-board filed reference under section 18 of the land acquisition act, 1894 which was registered as land reference no. 15 of 1999 against the respondent no. 1. the learned district judge had dismissed the ..... of justice.2. the brief facts necessary for adjudication of this petition are that the joint secretary (power), himachal pradesh government issued notification under section 4 of the land acquisition act, 1894 vide letter no. (5) detail of 5-97 dated 30.9.1997. this notification was published in two newspapers, namely, daily .....

Nand Gopal and ors. Vs. Land Acquisition Collector and ors.

Court : Himachal Pradesh

Reported in : AIR1971HP1

..... are old tenants in occupation of a property known as the metro-pole hotel estate at simla. on 16th march, 1968, a notification under sec. 4 of the land acquisition act, 1894 (hereinafter referred to as 'the act') dated 2nd february, 1968. was published in the official gazette showing that this property was to be acquired, proceedings under ..... sections 5-a and 6, and, thereafter, an award dated 30th october, 1969, under section 11 of the act took place in accordance with law. these proceedings ..... a separate suit against a trespasser. indeed, ifsuch a requirement were held to be necessary, it would defeat the object of section 47 of the act the validity of section 47 of the act is not assailed on the ground that it invests the collector with too wide a discretion so that it could be used for .....