Court : Uttaranchal
..... action of the commanding officer, 10 engineer regiment, in initiating the holding of a summary court- martial against the appellant. in this behalf our pointed attention was drawn to section 130 of the army act, 1950. section 130 of the aforesaid is being extracted hereunder:130. challenges.- (1) at al trials by general, district or summary general court-martial, as soon as the court is ..... can only be held by a commanding officer to whose corps /department/detachment the concerned accused belongs. it is submitted that the term 'commanding officer' has been defined in section 3 (v) of the army act, 1950. section 3 (v) of the army act, 1950 is being reproduced hereunder:3. definitions.- in this act, unless the context otherwise requires,- ....(v)'commanding officer', when used in any provision of this .....
Tag this Judgment!Court : Uttaranchal
..... the allahabad high court, where the delay in filing the appeal was condoned and the same was admitted. the appeal is received by this court under section 35 of u.p. reorganization act, 2000, for its disposal. 5) it is a case of rape with a five years old little girl. before further discussion, this court ..... . however, no evidence in defence was adduced. after hearing the parties, the trial court found that the prosecution has successfully proved the charge of offence punishable under section 376 of i.p.c., against the accused/appellant jaswant singh @ jassu s/o swaroop singh and convicted him accordingly. however, the accused was acquitted from the ..... by learned special judge/additional sessions judge, nainital, in sessions trial no. 185 of 1992, whereby said court has convicted the accused/appellant jaswant singh @ jassu, under section 376 of i.p.c., and sentenced him to rigorous imprisonment for a period of ten years. 2) heard learned amicus curiae for the appellant, and learned deputy .....
Tag this Judgment!Court : Uttaranchal
..... investigating officer submitted charge sheet (ext. ka-13) against the accused persons in respect of offences punishable under sections 304-b, 498-a, 201, 386, 120-b of ipc and the other punishable under section of the dowry prohibition act. 3. trial began before learned addl. sessions judge. charges against accused govind singh, sushila devi, yogambar singh ..... his examination-in-chief that his sister manju devi was married to accused / appellant no. 3 yogambar singh on 13th april 1993. this witness was serving in indian army during those days. accused / appellant no. 1 govind singh was father-in-law, accused / appellant no. 2 sushila devi was mother-in-law, accused / appellant ..... about the incident from pratap singh, ganga singh bisht, surendra singh, maal singh, besides his own family members. father of this witness was also an ex-army man, aged 50-52 years. this witness proved his complaint ext. ka-5, which was addressed to the sub divisional magistrate. victim came to her parental house .....
Tag this Judgment!Court : Uttaranchal
..... by stating that he had never instructed his counsel for the same, and thus he got the order recalled. the applicant cannot be granted benefit under section 14 of limitation act because it is not a case where appellant/applicant has availed wrong remedy against the judgment and order dated 06.11.2004. in fact, the appellant/ ..... the revisional court, managed to obtain a stay order to further delay execution proceedings. he submitted that the applicant is not entitled for the benefit of section 14 of limitation act, as the applicant is abusing the process of law. he drew attention of the court towards paragraph-12 of the objection dated 22.03.2010 filed ..... to such wrong advice, he did not file second appeal before this court in the year 2004 itself, therefore, he is entitled for the benefit under section 14 of limitation act which provides that in case the litigant avails wrong remedy against any judgment, the intervening time consumed in availing proper remedy will be given to such litigant. .....
Tag this Judgment!Court : Uttaranchal
..... has taken contrary view, observing that composite application for release of the property in question under both the clauses (a) and (b) of section (1) of section 21 of the act was filed by the landlords. while allowing the crossobjections of the landlords, the learned appellate court has observed that the building in question is in ..... reported in 1983 (1) arc-33, mr. sudhir kumar, advocate submitted that composite application for release under clauses (a) and (b) of sub-section (1) of section 21 of the act itself being not legally maintainable, is liable to be dismissed. 15. learned counsel for the petitioners further submitted that it is required for the landlord to ..... vehemently argued that the appellate court erroneously allowed the composite application for release of the shop under both the clauses (a) and (b) of section (1) of section 21 of the act. as under clause (a), the landlord can get the release of the premises on proof of his bona-fide requirement irrespective of whether the .....
Tag this Judgment!Court : Uttaranchal
..... court by the convict on 13th of may 1997, where it was admitted on 14th of may 1997. this appeal is received by this court under section 35 of the u.p. re- organization act (central act no. 29 of 2000), for its disposal.5) before further discussion it is pertinent to mention here about the statement of p.w. 3 dr. renu ..... the court of sessions for trial. learned first addl. sessions judge, dehradun, on 27.10.1995, after hearing the parties, framed charge of offences punishable under section 457 and one punishable under section 376 read with section 511 of i.p.c. against the accused govind, who pleaded not guilty and claimed to be tried. on this, prosecution got examined p.w. 1 ..... court is drawn to statement of d.w. 1 shankhveer. in his statement d.w. 1 shankhveer has stated that since neeta mishra's husband used to serve in the army, the policemen used to come in her house. that evidence does not shake the truthfulness of the testimony of p.w. 1 neeta mishra. the first information report is a .....
Tag this Judgment!Court : Uttaranchal
..... of 331a, 333 to 336, 338 and 341 to 344 of the u.p. zamindari abolition and land reforms act, 1950 (u.p. act 1 of 1951), and of the rules framed under section 344 of the said act shall mutatis mutandis apply to kumaun and garhwal division but the state government may, by order published in the official ..... the areas governed by the kuza act. for facility, section 3(18), section 27, section 41, section 47 and section 52 of the kuza act, which has a relevance to the dispute in question is extracted hereunder:3 (18) [references to the uttar pradesh zamindari abolition and land reforms act, 1950 and the u.p. land revenue act, 1901 or to rules framed thereunder ..... (m/s) by which the learned single judge has quashed the proceedings initiated by the assistant collector under section 166 & 167 of the uttar pradesh zamindari abolition and land reforms act, 1950 (hereinafter referred to as the upza & lr act).2. the facts leading to the filing of the special appeal is that dr. vijay singh pal and .....
Tag this Judgment!Court : Uttaranchal
..... conditions;(ii) mitigate the punishment awarded;(iii) commute such punishment to any lesser punishment or punishments mentioned in the army act, 1950 (46 of 1950), the navy act, 1957 (62 of 1957) and the air force act, 1950 (45 of 1950), as the case may be;(c) enhance the sentence awarded by a court martial:provided that no such sentence ..... ) or the navy act, 1957 (62 of 1957) or the air force act, 1950 (45 of 1950), as the case may be; or(b) if sentence is found to be excessive, illegal or unjust, ..... section, the tribunal shall have the power to--(a) substitute for the findings of the court martial, a finding of guilty for any other offence for which the offender could have been lawfully found guilty by the court martial and pass a sentence afresh for the offence specified or involved in such findings under the provisions of the army act, 1950 (46 of 1950 .....
Tag this Judgment!Court : Uttaranchal
..... 'khukhri'.20. for the foregoing reasons, prosecution has failed to prove its case against the accused appellant beyond reasonable doubt for the offence punishable under sections 376 ipc and section 4 read with section 25 of the act and he is entitled to get the benefit of doubt. as such, the impugned judgment and order of the trial court is not correct and ..... roshni devi that path close to place of occurrence was very busy one and many people used to cross through that path all the time during the day. houses of army personnel were also situated there. she remained with the accused appellant inside the shrubs for nearly three hours but she did not made in noise. this conduct of the ..... known to her before the said incident and he used to visit the mohalla. she has further stated that there were so many houses on the side of river where army officers were residing. her house was on the other side of river. she has further stated that she reached at the place of occurrence at about 2 pm. all .....
Tag this Judgment!Court : Uttaranchal
..... his death. statement was made by arun immediately after the occurrence and therefore, his statement becomes relevant after his death and thus, is admissible under section 32 of indian evidence act, being oral dying declaration.19. it was also argued by the learned counsel for the appellant that from the medical evidence, it is not ..... incriminating evidence put to her and pleaded false implication.9. according to her, divorce petition bearing no. 169 of 2002 dated 10.08.1998, under section 13 of hindu marriage act, was filed by her husband vinod for dissolution of their marriage. she produced on record, the certified copy of the petition.10. the trial court ..... after taking into consideration the evidence on record, convicted the accused under section 302 ipc and sentenced her to undergo rigorous life imprisonment and fine of rs .....
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