Court : Uttaranchal
Reported in : (2004)3UPLBEC108
p.c. pant, j.1. all these writ petitions have been moved under article 226 of the constitution of india for a direction in the nature of mandamus commanding the respondents to hold the elections of members of committee of management and that of chairman and vice-chairman of co-operative banks within the time stipulated by the court. it is further prayed in the writ petitions no. 353 & 354 both of the year 2002 that the provisions of section 29(5) of u.p. co-operative societies act, 1965 be declared ultra vires.2. petitions are aggrieved against the inaction on the part of the registrar of co-operative societies, uttaranchal for not holding the elections of the co-operative societies and preferring to appoint administrators to run the management of the co-operative societies. in all these writ petitions, facts are almost similar. the petitioners district co-operative banks are the central co-operative societies and all the primary agricultural co-operative credit societies as well as few other societies of the districts constitute the electoral college for the committee of management of the district co-operative banks. one of the petitioners, in all the cases is the chairman of the respective banks. in view of provisions of sub-section (3) of section 29 of the u.p. co-operative societies act, 1965 (from hereinafter referred to as the 'act'), it is the duty of the committee of management to take the steps before the expiry of its terms to move for fresh elections so that then .....
Tag this Judgment!Court : Uttaranchal
Reported in : II(2006)ACC376
..... aggrieved, the insurance company-appellant has come up in appeal and framed the substantial question of law in memo of appeal that the death was direct result of the accident was not proved and there was breach of the insurance policy by the o.p. no. ..... the alleged machine was duly insured with the insurance company at the time of accident, therefore, the insurance company is liable to pay the compensation.4. ..... , an accident took place, while the deceased was engaged in his work on the machine used for levelling the ground, with the result the deceased sustained injuries and he was rushed to s.s. .....
Tag this Judgment!Court : Uttaranchal
Reported in : II(2005)ACC776
..... the tribunal has recorded a finding in favour of the claimant by holding that the accident, was caused due to rash and negligent driving of the driver. ..... of our findings to the various issues as raised in these petitions is as follows:(i) chapter xi of the motor vehicles act, 1988 providing compulsory insurance of vehicles against third-party risks is a social welfare legislation to extend relief by compensation to victims of accidents caused by use of motor vehicles. ..... the driving licence was issued from moradabad roadways and, therefore, the finding has been concluded that the driver of the vehicle was holding a valid licence at the time when the accident had taken place.6. .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2007(115)FLR476]
..... briefly slated the appellant habib ahmed has filed the claim petition for the grant of compensation on account of the death of his son akiz ahmed in an accident, who was employed as mason and constructing the house of umesh chandra srivastnva. ..... the alleged accident occurred due to the own negligence of the deceased and he did not care the electricity line. ..... 89,084/- as compensation along with interest @ 6% per annum from the date of accident.3. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2004ACJ270
..... appeal is sought to be filed against an award dated 3.5.2001 passed by the motor accidents claims tribunal awarding a sum of rs. ..... the accident was allegedly caused by the truck owned by the respondent no. 1. ..... 2 and 3 for the death of one amit singh in a motor accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : I(2003)ACC189
..... the appeal is sought to be filed against an award dated 3.5.2001 passed by the motor accident claims tribunal awarding a sum of rs. ..... the accident was allegedly caused by the truck owned by the respondent no. 1. ..... 2 and 3 for the death of one amit singh in a motor accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005ACJ288
..... 1, which reads as follows:'whether the accident occurred due to rash and negligent driving of bus no. ..... has come by way of appeal under section 173 of motor vehicles act, 1988, against judgment and order passed by motor accidents claims tribunal on 3.8.2002 in m.a.c.t. ..... the accident took place near village rampur. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(1)AWC206(UHC); [2005(104)FLR189]
p.c. pant, j.1. in all the above four petitions, common question of law and fact is involved as such these are being disposed of by this common judgment.2. these writ petitions are filed under article 226 of the constitution of india, for mandamus directing promotion of petitioners to the post of junior engineer. in writ petition no. 7195 (s/s) of 2001, mahabir prasad gairola and ors. v. uttar pradesh power corporation and ors., seniority list dated 17.11.2001 has also been sought to be quashed and mandamus has been sought not to interfere in the functioning of petitioners as officiating junior engineers.3. brief facts of the case, as alleged by the petitioners, are that they are technical grade-ii in various divisions, of uttaranchal power corporation. earlier, they were employees of uttar pradesh state electricity board (for sake of brevity u.p.s.e.b.). in the year 1985, a departmental examination was conducted by u.p.s.e.b. for the purposes of promotion from the post of technical grade-ii to the post of junior engineer. however, subsequently said examination was declared cancelled by said board vide its office order dated 24.9.1999 (copy annexure-1 to the writ petitions). uttaranchal power corporation did not conduct any separate departmental examination for promotion to the post of junior engineer and many members of cadres of technical grade-ii were given charge of junior engineers on the basis of their seniority for performing the duties of junior engineers. on 17.11. .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2007Utr1
orderrajesh tandon, j.1. heard sri paresh tripathi counsel for the petitioners, sri m.c. pant counsel for the respondent no. 1, sri jitendra chaudhari counsel for bar council of u.p. sri arvind vashist counsel for bar council of uttaranchal.2. by the present writ petitions, the petitioners have prayed for a writ of certiorari quashing the judgment and order dated 28.6.2005 passed by the election tribunal bar council of uttaranchal, dehradun in election petition no. 1/2004 'krishna kumar bangwal v. dharmveer singh and ors.3. briefly stated the election for the first bar council of uttaranchal was held in the last week of april 2004 and there were total 73 candidates who filed nomination papers. the total vote cast in the said election were 4734 and the counting of the same was done from 3.5.2004 to 11.5.2004. after counting of the votes, the petitioners were declared to be elected as a member bar council and thereafter notification was published in the gazette. the respondent no. 1 filed election petition before the election tribunal, bar council, uttaranchal. the tribunal has passed the following order on 28.6.2005.(vernacular matter omitted...ed.)4. against the aforesaid order the present writ petition has been preferred.5. according to the petitioners no notice was received by them issued by the election tribunal to the opposite parties on 16.8.2004. a perusal of the record shows that they were required to appear before the tribunal at dehradum bar association on 28.8.2004 .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2009Utr12
m.m. ghildiyal, j.1. since all these review petitions are based on common grounds involving similar set of facts and question of law and have been filed seeking review of common judgment dated 13th april, 2004 passed by this court in aforementioned writ petitions, hence these are being decided by one and common judgment.2. the dispute relates to payment of stamp duty on the instrument of sale of resin by auction. earlier this court, following the judgment of allahabad high court bhatt industries, damodhara, district almora and ors. v. the divisional forest officer, almora and ors., had dismissed these writ petitions vide order dated 13.4.2004 by holding that the petitioners were liable to pay the stamp duty. now, these review petitions have been filed citing one and common ground that the division bench of the allahabad high court in the aforesaid judgment did not examine the document in question as to whether it is a conveyance or simply an instrument of agreement of sale.3. on a careful perusal of the judgment of the allahabad high court (supra), we find that the submission of the learned counsel for the review petitioners/petitioners is correct for the reason that in the said judgment document in question has not been examined. therefore, we may proceed to examine this question.4. form of contract of crude resin is reproduced as under:value of the deed : 3,94,400/-.this indenture made this 24 day of the march 2001 between the governor of the uttaranchal (hereinafter called .....
Tag this Judgment!