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Thakri S/O ChaIn Sukh. Vs. State of Uttaranchal.

Court : Uttaranchal

1. this appeal, preferred by the appellant u/s 374(2) of the code of criminal procedure, 1973 (hereinafter to be referred as cr.p.c.), is directed against the judgment and order dated 21.08.1998 passed by the special judge/additional sessions judge, nainital in s.t. no.26 of 1997, state v. thakri, thereby convicting and sentencing the appellant/accused u/s 307 of the indian penal code, 1860 (hereinafter to be referred as i.p.c.) for five years' r.i.2. heard learned counsel for the parties and perused the entire material available on record.3. in brief, the prosecution case is that complainant jagdish (p.w.3) lodged an fir on 22.9.1996 stating therein that on that day at about 7:30 pm, he along with his brother lakhan was sitting in his grocery shop and electric light was there and at that time, the appellant-accused along with one person came being armed with country made pistols and fired upon lakhan which hit on his mouth and stomach. on the noise raised by the complainant, several persons came over there on which the accused ran away and this incident was witnessed by charan singh and phool singh. after admitting his brother in the hospital, the complainant pw3 jagdish came and lodged the report i.e. ex.ka-1. on the basis of this fir, chik fir was prepared by h.m. ramesh singh, i.e. ex.ka.2. the necessary entry was also made in the g.d., the carbon copy of which is ex.ka-3. investigation of this case was entrusted to p.w.7 s.i. mehboob ali. injured lakhan was medically .....

Sarvar Khan and ors. Vs. State of Uttarakhand.

Court : Uttaranchal

..... but, it is now well settled that as per section 25 of the indian evidence act, 1872, the statement recorded in the police custody is not admissible to be read into evidence as per law and as such their conviction recorded by the trial court is not justified.e. ..... the two accused were caught at about 8 pm by using necessary force, who disclosed their names ranjeet @ raja and raju @ kallu. ..... here, i do not find any force in this argument for the reason that on 10.6.2006, si abdul kalam (pw1) along with si d.r. ..... that the names of these appellants sarvar khan and akram khan have come into light on the basis of evidence of accused ranjeet singh and raju @ kallu, which were recorded in the police custody. ..... i find force in this argument due to the following reasons: -a. .....

Dr. Nakli Singh Vs. State of Uttarakhand

Court : Uttaranchal

..... it to a magistrate of the first class having jurisdiction; (d) take sufficient security for the appearance of the accused before such magistrate, or if the alleged offence is non-bailable and the court thinks it necessary so to do, send the accused in custody to such magistrate; and (e) bind over any person to appear and give evidence before such magistrate. .....

Kailash So. Anant Ram Caste Kahar, Vs. the State

Court : Uttaranchal

..... on being suspicious, the said persons was asked to stop but he started running, however he was caught at 8:50 pm by using necessary force towards thakurdwara road. ..... i do not find any force in this argument because on 3.9.1990, s.o. ..... on being suspicious, the said person was asked to stop but he started running, however he was caught at 8:50 pm by using necessary force towards thakurdwara road. .....

Dr. Himanshu S. Jha Vs. the Chancellor, Kumaun University and Others

Court : Uttaranchal

..... the said career advancement scheme came into force with effect from 27 th july, 1998. ..... the uttar pradesh state universities act, 1973 is applicable in its full force to the state of uttarakhand. .....

Tejpal So. Ganga Ram Vs. State of Uttarakhand

Court : Uttaranchal

1. heard mr. m.k. ray, advocate for the applicant and mr. amit bhatt, addl. ga for the state. 2. learned counsel for the applicant submitted that on 29.3.2010 at 7:10 pm, a first information report was lodged against the applicant tej pal and co-accused jamuna prasad, bhup ram and hori lal with the allegations that they have caused injuries to khirendra, karanpal and kanta prasad with knife. this fir was registered at p.s. devarniya but as the matter was related to p.s. kichcha, therefore, it was transferred to p.s. kiccha and registered as fir no.65 of 2010 under sections 147/148/149/308/324/323 of ipc. he further submitted that there is a cross version also in which the fir was lodged by jamuna prasad at police station kichcha on 30.3.2010 at 9:10 am against karan pal, khilendra, virendra and kanta prasad with the allegations that on 29.3.2010 karanpal, khirendra, virendra and kanta prasad caused injuries to prempal, pintu and bhupal. he further submitted that these are the cross cases and the injuries are on both the parties i.e. on the side of complainant and accused persons and at this stage it cannot be ascertained that which of the party is the aggressor. it is further submitted that the co-accused jamuna prasad, bhup ram and hori lal have already been granted bail by learned sessions judge, udham singh nagarand the present applicant is also entitled for bail on the basis of parity. 3. after considering all the facts and circumstances; on hearing learned counsel for .....

Ramesh Chandra Mathur Vs. Sheela Devi and Others

Court : Uttaranchal State Consumer Disputes Redressal Commission SCDRC Dehradun

..... we find force in the argument of mr. ..... reliance has been placed on a citation of andhra pradesh high court reported in air 2009 ap 84. .....

Hari Prakash Vs. State of Uttarakhand and Others

Court : Uttaranchal

..... he shall also make necessary arrangement for the safe custody of the ballot box]. .....

Pappu Alias Pupendra Vs. State of Uttarakhand

Court : Uttaranchal

Reported in : 2012CrLJ237(NOC)

..... counsel for the accused-appellant has argued that only one injury is found on the body of the deceased and if accused munnu has died, the conviction recorded against co-accused pappu disappears like a thin air. .....

Alok Mehrotra Vs. Government of Nct of Delhi and Others

Court : Uttaranchal

..... the well-recognised examples of non-arbitrable disputes are: (i) disputes relating to rights and liabilities which give rise to or arise out of criminal offences; (ii) matrimonial disputes relating to divorce, judicial separation, restitution of conjugal rights, child custody; (iii) guardianship matters; (iv) insolvency and winding-up matters; (v) testamentary matters (grant of probate, letters of administration and succession certificate); and (vi) eviction or tenancy matters governed by special statutes where the tenant enjoys statutory protection against ..... it is well settled that even if an agreement ceases to exist, the arbitration clause remains in force and any dispute pertaining to the agreement ought to be resolved according to the conditions mentioned in the arbitration clause. ..... 1 and 2) has submitted that even if an agreement ceases to exist, the arbitration clause remains in force and any dispute pertaining to the agreement ought to be resolved as per arbitration clause. ..... by giving to the proprietor one months notice in writing but the said agreement did not give any such right to the landlady to terminate the lease during the period the lease agreement had been in force. ..... [air 2008 supreme court, 357], relied upon by the learned counsel for the respondent nos. .....