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
Reported in : 2005(3)SLJ196(NULL)
..... other two officers has been closed. suddenly in may, 1989, the petitioner received another show cause notice, purported to have been issued under section 19 of army act, 1950 read with rule 14 of army rules, 1954 calling upon the petitioner to show cause as to why his services be not terminated on the ground which were identical to those ..... for summary of evidence, implicating the petitioner nor thereafter new material was there on the basis of which fresh show cause notice under section 19 of army act, 1950 or order under rule 14 of army rules, could have been issued. it is also alleged in the writ petition that recovery of theft money was made from gnr udai ..... be plausible. had the petitioner been found guilty in inquiry, instead of holding court martial. respondent no. 2 could have proceeded under section 19 of the army act, 1950 read with rule 14 of the army rules, 1954, but it is not the case here. the officer along with other officers was not found guilty rather he was informed .....
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
..... 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
..... 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
Reported in : AIR2009Utr19
..... are affected by an amendment, it is open to the legislature to provide that the said process cannot continue. that alone has been done by section 3 of the amending act of 1996. as far as concluded judicial proceedings are concerned and cases where orders for possession have been executed or decrees satisfied in full before ..... said samiti was a voluntary association and the said enactment also provided that the properties belonging to the original society stood vested in the society incorporated under section 4 of the act without any compensation. therefore, the said legislation was struck down. this judgment has been considered in c.o.d. chheoki employees: manu/sc/0332/1997 : ..... to invalidate any suit or proceeding in which a decree or order passed has been executed or satisfied in full before the said date. reading section 3 of the amending act 2 of 1996, it could not be said that it is a legislative intervention with a judicial decision. the proviso has saved concluded transactions based .....
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 .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2009CriLJ2362
..... court on 19-9-1995, which was also admitted there on 20-9-1995. both the appeals are received by this court by transfer under section 35 of the u. p. reorganisation act, 2000, for their disposal. notices were issued to the appellants from this court after the records of the appeal were received, but they did ..... additional sessions judge, roorkee, to whom the case was transferred for trial, after hearing the parties on 25-6-1991, framed charge of offence punishable under section 302 read with section 34, ipc against all the three accused-shamsher alias shakal, suresh and babli alias vinay kumar. all the three pleaded not guilty and claimed to be ..... singh chauhan (p.w. 7) inspected the spot, prepared site plan, recovery memo of blood stained soil and plain soil. he further recorded the statements of the witnesses under section 161, cr. p.c. after concluding the investigation, the investigating officer submitted the charge-sheet (ext. a-8) against all the three accused, namely, babli alias vinay .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006(1)AWC719(UHC)
..... prohibition of letting without allotment order.--save as hereinafter provided, no person shall let any building except in pursuance of an allotment order issued under section 16.section 12 of said act further provides as under :12. deemed vacancy of building in certain cases.--(1) a landlord or tenant of a building shall be deemed to ..... in question. the petitioner had challenged said order on the ground that his occupation was not un-authorized one as his possession is protected under section 53a of the transfer of property act, 1882.3. respondent no. 2 (the landlord) did not contest this petition, but respondent no. 3 (applicant for allotment) has filed a ..... report dated 7.9.1998 (copy annexure-3 to the petition). however, the petitioner alleges that his possession in the property is protected under section 53a of the transfer of property act, 1882, and his occupation cannot be said to be an unauthorized occupation. the petitioner has admitted that the document which was executed by the .....
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 .....
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