Court : Uttaranchal
Reported in : AIR2005Utr18
prafulla c. pant, j.1. by means of this writ petition, moved under article 226/227 of the constitution of india, the petitioner has challenged the impugned orders dated 24-08-2001 (copy annexure-5 to the writ petition) and 6-1-2004 (copy annexure-12 to the writ petition) and sought direction to allow application 78-c2 moved in testamentary case no. 60 of 2001, pending before district court at dehradun. 2. brief facts of the case as narrated in the writ petition are that one swami omkaranand saraswati (for brevity hereinafter the swami) who was resident of austria, came to india and settled here as a disciple of swami shivanand. the swami died in austria on 4-1-2000. he executed, before his death; in november 1987, a power of attorney (copy annexure-1 to the writ petition) in favour of joseph meichtry and got it registered; the swami created a trust (respondent no. 2), known as omkaranand saraswati charitable trust. a testamentary case was filed by one mr. j.d. jain, advocate, dehradun on the basis of a will purported to have been executed by the swami in his favour. the said case was registered as testamentary case no. 28 of 2000 before the district judge, dehradun. thereafter, another testamentary case no. 60 of 2001 (copy annexure-2 to the writ petition) was filed by swami omkaranand saraswati charitable trust (respondent no. 2) requesting for the letters of administration on the basis of another will dated 20-12-1999 purported to have been executed by the swami in favour .....
Tag this Judgment!Court : Uttaranchal
prafulla c. pant, j.1. by means of this writ petition, the petitioner has sought writ in the nature of certiorari quashing the order dated 16.06.2007, passed by respondent no. 1 and consequential order dated 20.06.2007, passed by respondent no. 2, whereby it is intimated that the petitioner's case does not fall within the eligibility criteria fixed for regularization. a mandamus has also been sought commanding the respondent no. 1 giving benefit to the petitioner under section 5 of uttarakhand act no. 4 of 2005 (uttaranchal non governmental education (amendment and repeal) act, 2005).2. heard learned counsel for the parties and perused the affidavit, counter affidavit, supplementary counter affidavit and rejoinder affidavit filed on their behalf.3. brief facts of the case are that the petitioner holds post graduate degree in hindi as well as in sanskrit. she also holds b.ed, degree. not only this, the petitioner possesses ph.d. in hindi. it is stated that she stood first in the high school and intermediate examinations. bhartiya shaheed sainik vidhyalaya (for short the institution) run by respondent no. 3 is a recognized institution, which is aided by the state government. in the year 1987, the petitioner was initially appointed against a short-term vacancy as a c.t. grade teacher due to suspension of one kali charan, a regular incumbent, on said post. petitioner served on said capacity till 30th of september 1992 whereafter kali charan resumed his duties after his acquittal .....
Tag this Judgment!Court : Uttaranchal
b.s. verma, j. oral since the controversy involved in all these writ petitions is same, therefore, for the sake of convenience, they are being decided together by this common order. all these writ petitions have been filed by the state industrial development corporation of uttaranchal (sidcul), which has been appointed as a nodal agency by the government of uttarakhand under section 48 of the u.p. reorganisation act, 2000 against the impugned awards dated 19.9.2003, 13.2.2004, 31.7.2003, 17.1.1998, 17.10.2003, 17.10.2003, 17.10.2003, 19.9.2003, 19.9.2003, 21.7.2003, 31.12.2003, 9.6.2003, 29.3.2003, 17.10.2003, 9.6.2003, 13.2.2004, 19.4.2003, 4.9.2003, 24.12.2003, 17.11.2003, 27.8.2003, 24.12.2003, 13.2.2004 and 29.6.1998 passed by the labour court and the orders by which the review/recall applications of the petitioner have been dismissed. briefly stated, facts of the case, giving rise to this writ petition are, the government of uttaranchal (now uttarakhand) under section 48 of the u.p. reorganization act, 2000, vide its office memorandum dated 23.11.2004, appointed sidcul as a nodal agency to rehabilitate the kashipur and jaspur units and to do all the needful as was required to be done by government of uttarakhand. the spinning mills at jaspur and kashipur were erstwhile units of u.p. state textile corporation ltd. and were engaged in the manufacture of cotton yarn. the respondents/workmen were employed at kashipur and jaspur spinning mills and most of them were regular .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2004)2UPLBEC45
rajesh tandon, j.1. heard sri j.p. joshi, learned standing counsel for the petitioner and sri pankaj miglani, learned counsel for the respondent no. 1.2. by means of this writ petition, the petitioner has prayed for the issue a writ, order or direction in the nature of certiorari for quashing the order dated 28.3.2001 passed by the presiding officer, labour court, dehradun in dispute no. 1/2001.3. brief facts giving rise to the present writ petition are that the respondent no. 1 namely, sri jagpal singh tyagi was engaged as gauge reader for a short period as per requirement of the irrigation research institute, roorkee w.e.f. 15.11.1976 to 30.5.1979, 1.6.1979 to 30.3.1980, 1.4.1980 to 3.9.1980, 4.9.1980 to 2.11.1980 and lastly from 3.11.1980 to 28.2.1982 as a daily wager and for some time as a temporary work charge employee. however, after 28.2.1982, the studies project was completed and there was no need of services of the petitioner and similar other work charge employees. the services of respondent no. 1 and others came to end automatically as per terms and conditions of their engagement. accordingly, services of the respondent no. 1 alongwith other work charge employees were terminated vide order dated 25.2.1982.4. learned standing counsel has further submitted that against the order of discontinue of service, the respondent raised an industrial dispute before the reconciliation officer, saharanpur in 1988, who after examination the matter, dismissed the claim of the .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005CriLJ3212
prafulla c. pant, j.1. this appeal, preferred under section 374 of the code of criminal procedure, 1973 (for brevity hereinafter cr. p.c.), is directed against the judgment and order dated 1 -9-1988 passed by learned sessions judge, tehri, in sessions trial no. 31 of 1987 whereby, the appellant baraf singh has been convicted under section 302 of the indian penal code, 1860 (for brevity hereinafter i.p.c.) and sentenced to undergo life imprisonment.2. in brief, prosecution story is that p.w. 3, asharh singh (informant & step brother of the deceased), resident of village ratoli, on 12-8-1987 at about 9.00 p.m. lodged the first information report (ext. a-1) with patti patwari khandogi (district tehri) informing that rai singh of his village told him that gunda alias govind singh (p.w. 1), resident of village andethi, of village andethi had seen appellant baraf singh quarrelling with a man at about 6.00 p.m. and thereafter appellant had also been seen hitting said person with stones. on this rai singh along with bhadu singh (p.w. 2) and gunda alias govind singh (p.w. 1) went there to see as to who was the victim, and on reaching there they found that vikram singh was lying dead. these witnesses found that there were injuries on the person of the deceased and there was bleeding from the injury on his head. meanwhile, appellant baraf singh ran downwards on to the road. on the basis of said first information report lodged by asharh singh (p.w. 3), check report (ext. a. 3) was .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2007(1)AWC925(UHC)
prafulla c. pant, j.1. both these writ petitions have same question of law involved, as such, the same are being taken together for their disposal by this common judgment.2. by means of aforesaid two writ petitions, the petitioners have sought writ in the nature of certiorart quashing the order dated 11.8.2003, passed by respondent no. 2, whereby the petitioners, who are promotees, have been directed to be placed in the seniority list below the direct recruits, appointed in the year 1994.3. heard earned counsel for the parties.4. the factual matrix of the dispute is that the petitioners were appointed initially as assistant agriculture inspector, group-ill in agriculture department, some time in 1970's. initially they were promoted on ad hoc basis against group-ii as soil conservator inspector between 1986-89. later they were appointed against substantive vacancies in group ii. it appears that prior to u.p. subordinate agriculture service rules, 1993, came into force w.e.f. 19.6.1993, there was 50% quota for the promotees in the group-ii post and remaining 50% was to be filled by the direct recruitment through public service commission. after commencement of the aforesaid rules, the 100% posts of group ii are to be filled from the promotees. it appears that when the aforesaid rule came into force, a process of direct recruitment was already on and the respondent no. 4 in writ petition no. 1000 of 2003 (s/s)(respondent no. 3 in writ petition no. 1058 of 2003 (s/s)) alongwith .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2006Utr30
orderrajesh tandon, j.1. by the present writ petition the petitioner has prayed for a writ of certiorari quashing the orders dated 30-3-2001 and 27-5-1998 as well as the orders dated 29-3-2000 and 26-11-1997.2. briefly stated, the petitioner has purchased land of khata by virtue of sale deed dated 5-4-1994 land of khata no. 49-ka area 2 nali 4 mutthis by virtue of sale deed dated 5-4-1994. the sale deed in question was valued at rs. 67,215/- and the stamp duty according to the petitioner was paid to the extent of rs. 9800/-. however, a notice was issued under section 47a of the indian stamp act stating therein that the petitioner having purchased 2 nali 4 mutthis land which is situated about 200 meters away from the motorable road and he is required to pay the deficiency to the extent of rs. 28,697.50p. the petitioner has objected to the said notice on the ground that he has paid the stamp duty on the basis of the circle rate determined by the collector and, therefore, the notice is liable to be dropped.3. on the basis of the objections filed by the petitioner a report was called from the patwari which shows that there is no residential house as there was no roof at the relevant time when the sale deed was executed and the circle rate, according to the patwari, was ranging rs. 21,000/- to rs. 24,000/- per nali. the report is quoted below:(vernacular matter omitted....ed.)4. however, the additional district magistrate vide his order dated 26-11-1997 has come to the conclusion .....
Tag this Judgment!Court : Uttaranchal
sudhanshu dhulia, j.1. the petitioner is a duly elected 'sarpanch' of forest panchayat badon in district nainital. the petitioner has challenged the order dated 12th september, 2006, which has been passed by the sub divisional magistrate, dhari (nainital), according to which forest panchayat badon was constituted on 24.7.2006 and consequently there was a report of the tehsildar, who had informed the s.d.m., dhari that six out of nine members of this committee, who are called 'panch', are not satisfied with the work of the 'sarpanch' and consequently, they have resigned. as such, the s.d.m. dhari was of the opinion that new elections of the management committee be constituted and vide the said letter dated 12th september, 2006, he has given his permission to hold new election of the committee of this forest panchayat badon. the petitioner has challenged the validity, legality and propriety of this order. vide an interim order dated 29.9.2006, the said order was stayed. the writ petition is now itself being disposed of finally.2. certain relevant provisions of the indian forest act, 1927 (from hereinafter referred to as the act) and the rules framed therein known as uttaranchal panchayati forest rules, 2005 (from hereinafter referred to as the rules) would be necessary. under chapter iii section 28 of the indian forest act, 1927, there is a provision for formation of a village forest and the committee of management of such village forest. section 28 of the act reads as follows .....
Tag this Judgment!Court : Uttaranchal
1. this appeal, preferred by the appellants u/s 374(2) of the code of criminal procedure, 1973 (hereinafter referred to as cr.p.c.), is directed against the judgment and order dated 23.2.1998 passed by the additional sessions judge, roorkee in sessions trial no. 188 of 1995, state v. naresh & ors., whereby each of the accused appellants, viz., naresh, kalwa, smt. bimla, suresh and smt. sommi have been convicted under section 498-a, 304-b and 201 of indian penal code, 1860 (for short, ipc) and each of them has been sentenced to r.i. for 3 years along with fine of rs. 500/- each u/s 498a ipc, in default to undergo two months additional r.i., 10 years r.i. u/s 304-b ipc and 2 years r.i. along with fine of rs. 500/- each, in default to undergo two months additional r.i. u/s 201 ipc. all the sentences have been directed to run concurrently. however, co-accused rupa died during the period of trial and hence, trial against her was abated by the trial court vide order dated 22.1.1998.2. the prosecution case, in brief, is that pw1 rampal lodged an fir in ps bhagwanpur on 30.1.1995 at 4.10 pm with the averments that his daughter mamtesh (now deceased) was married with naresh on 20.5.1994 as per hindu rites. in the marriage he has spent rs. 50,000/-.after some days, in-laws of mamtesh have started to demand cash money in dowry and have also started to harass mamtesh physically and mentally and have also started to beat her. this fact was disclosed by mamtesh to him when she has come to .....
Tag this Judgment!Court : Uttaranchal
1. this revision, preferred by the revisionists under section 397/401 of the code of criminal procedure, 1973 (hereinafter referred to as cr.p.c.) has been filed for quashing the judgment and order dated 19.7.2002 pased by the sessions judge, rudraprayag in criminal appeal no. 4/2002, chait ram & anr. v. state of uttaranchal as well as for quashing the judgment and order dated 27.5.2002 passed by the sdm, ukhimath, rudraprayag in case no. 7/2002, state v. chait ram & anr. directing the revisionists to execute a bond for rs. 5,000/- each with two sureties in the like amount for keeping peace for a period of one year.2. in brief, the prosecution case is that supervisor kanoongo, guptkashi submitted a chalani report dated 8.7.2001 before the sdm, ukhimath in which he has stated that the complainant nand kishor, etc. and revisionists are the residents of the nearby villages and a public way runs form the village sankri of the complainant to guptkashi through chauri tok and the revisionists have obstructed the road by constructing a wall and by the illegal possession over the govt. land they have planted the flowers and the crops on the abovesaid land. on 6.7.2001 in the presence of panches and the complainant and the revisionist, the way was opened. this public way passes through the govt. land. thereafter the revisionists have further closed the abovesaid public way and with the help of the ladies of their family, they abused the complainant and threatened them for their life. .....
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