Judgment Search Results Home > Cases Phrase: civil defence amendment act 2009 Court: uttaranchal Page 13 of about 127 results (0.064 seconds)

Angpal @ Chhanga S/O Chetram Vs. the State

Court : Uttaranchal

..... after that his father and maternal uncle's son jogendra took him to the civil hospital from where he was referred for saharanpur however, his father took him at pal nursing home. ..... then his father and maternal uncle's son jogendra took him to the civil hospital from where he was referred for saharanpur, however his father took him at pal nursing home, roorkee. ..... this witness was also cross-examined at length by the defence counsel but nothing has come out in his statement which may create any doubt in his statement. ..... this witness was cross-examined at length by the defence counsel but nothing has come out in his statement which may create any doubt in his statement. ..... . thereafter, the incident was informed by anoop narain sinha to p.w.1 gabbar singh, who along with joginder singh took the injured ashok kumar at civil hospital, roorkee for medical treatment ..... however, no oral or documentary evidence was produced in defence.18. ..... however, no documentary or oral evidence was produced in defence.8. ..... . the legislative recognition of the fact that no particular number of witnesses can be insisted upon is amply reflected in section 134 of the indian evidence act, 1872 (in short 'the evidence act') ..... . the privy council focused on the difference between english law where a number of statutes make conviction impermissible for certain categories of offences on the testimony of a single witness and section 134 of the evidence act .....

Sarju Vs. Sate of Uttarakhand

Court : Uttaranchal

..... the accused has also taken the defence that he is impotent and is incapable of sexual intercourse. ..... (oral) this criminal jail appeal, has been preferred against the judgment and order dated 16-3-2009, passed by sessions judge, dehradun, in sessions trial no. ..... the impugned judgment and order dated 16-9-2009, passed by the trial court is affirmed. ..... the heinous allegation of a girl upon her father cannot be brushed aside and the cannot be excused for his monstrous act. ..... if the accused is not circumcised, the existence of smegma around the corona gland is proof against penetration, since it is rubbed off during the act. .....

Mohan Lal and Another Vs. State of Uttarakhand and Another

Court : Uttaranchal

..... 2 herein) lodged an fir against five accused persons, including the applicants, on 04.08.2009, at police station, raipur for the offences punishable under sections 420, 413, 498a, 323, 504, 506 of ipc. ..... the accused would still be in a position to succeed, by establishing his defences by producing evidence in accordance with law. ..... likewise, it is not a stage for determining how weighty the defences raised on behalf of the accused is. ..... if the records disclose commission of a criminal offence and the ingredients of the offence are satisfied, then such criminal proceedings cannot be quashed merely because a civil wrong has also been committed. ..... 1066 of 2009, state vs pramod bhatt and others, under sections 420, 413, 498a, 323, 504, 506 of ipc and section of the dowry prohibition act, relating to police station, raipur, pending in the court of judicial magistrate cbi, dehradun. ..... 2 was married to pramod bhatt alias mithlesh bhatt (non-applicant) on 16.02.2009, according to hindu rites and rituals. ..... , seek to quash the summoning order dated 18.11.2009, as also the proceedings of criminal case no. ..... , order dated 18.11.2009, present application under section 482 of cr.p.c. ..... on 28.03.2009, respondent no. ..... on 02.03.2009, respondent no. ..... after investigation, a charge-sheet was submitted against the accused persons, including the applicants, under sections 420, 313, 498a, 323, 504, 506 of ipc and section of the dowry prohibition act. .....

Praveen Kumar Sharma Vs. Sudhanshu Mishra Pathak

Court : Uttaranchal

..... far as the market value is concerned, the trial court shall decide the issue pertaining to the market value, afresh, after amendment, if the petitioner-defendant raises objection on the market value. ..... as well as uttarakhand) and consequently directed the plaintiff respondent to amend the plaint and value the suit at the market value and to pay the deficit court ..... it is clarified that the plaintiff respondent would be at liberty to amend the valuation clause as per the market value. ..... praveen kumar sharma, whereby the order dated 30-12-2010 passed in suit no.627/2009, by which the issue regarding valuation of court fees was decided, has been set aside. ..... facts of the case, as narrated in the writ petition, are that respondent plaintiff filed a suit no.627/2009 against the petitioner-defendant before the court of civil judge (s.d. ..... the respondent-plaintiff asked the petitioner defendant to vacate the premises and consequently filed a suit no.627/2009 against the petitioner defendant. 5. ..... the trial court came to the conclusion that since it is a suit for possession of a trespasser and not of the licensee, therefore, the court fees is payable as per market value as per section 7(v)(ii) of the indian court fees act (applicable to state of u.p. ..... learned trial court has rightly held that the court fee is payable on the market value of the property in question in view of the provision u/s.7(v)(ii) of the court fees act. ..... appellate court has wrongly interpreted the provisions of the court fees act. .....

Sardar Abdul Wahid Khan Vs. District Judge Dehradun and Others

Court : Uttaranchal

..... has been registered under the provisions of uttar pradesh muslim waqf act, 1960 as amended by act no. ..... also filed its counter affidavit with the averment that present waqf has been registered under the provisions of uttar pradesh muslim waqf act, 1960, as amended by act no. ..... matters pertaining to wakfs should be filed in the first instance before the wakf tribunal constituted under section 83 of the wakf act, 1995 and should not be entertained by the civil court or by the high court straightaway under article 226 of the constitution of india. 14. ..... learned counsel for the respondent no.4 then contended that the undue reliance of the petitioner on section 3 (r) of the act is unwarranted inasmuch, illogical in view of the fact that this act clearly states that waqf means the permanent dedication by a person professing islam of any movable and immovable property for any purpose recognized by the muslim law as pious, religious or charitable and includes ..... 2009 dated 01.07.2009, this high court has held that a bare look at section 85 of the waqf act 43 of 1995 informs us that the bar, if any, applies to a person filing a suit or legal proceeding in a civil ..... it is an admitted fact of the case that the property in question is an al-al-aulad and the only section in the entire waqf act 1995 which deals with al-al-aulad is section {3(r) iii} which provides that waqf means the permanent dedication by a person professing islam of any movable or immovable property for any purpose recognized by the .....

Shri Mangal Ram Vs. Smt. Samar Jahan

Court : Uttaranchal

..... 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. ..... the appellant/applicant contended that since after the judgment passed by the lower appellate court in the year 2004, the appellant/applicant was advised to file civil suit for injunction and that suit was allowed, the applicant pursued remedy as advised to him by his advocate. ..... of the appellant/applicant that proceedings of execution case came in his knowledge, in the month of march, 2010, when he was asked by the civil court amin, dehradun to vacate the property in question for handing over its possession to the respondent. ..... the view that the appellant/applicant has not availed the remedy available to him against the judgment and order passed in the appeal in the year 2004, rather he intentionally filed civil suit for injunction and he stood idle for a considerable period of 6 years. ..... 10064/10 amendment application) ..... was dismissed on 06.11.2004 and on 24.03.2009 the decree was put into execution. ..... 1991 and on 24.10.2009, the sale deed was ..... dehradun and others passed by this court on 9thjanuary, 2009 in writ petition no. ..... january, 2009 in ..... 6 of 2009 was in the knowledge of appellant/applicant ..... 6 of 2009 for execution of decree dated 15.12.2001 passed .....

Anand Prakash Agarwal Vs. State of Uttarakhand and Another

Court : Uttaranchal

Reported in : 2012CrLJ279(NOC)

..... the employees' contribution from the wages payable to the employee for credit to the employees' state insurance fund held and administered by the employees' state insurance corporation established under the employees' state insurance act, 1948 (34 of 1948), shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said fund in violation of the said ..... [explanation [1] - a person, being an employer 3[of an establishment whether exempted under section 17 of the employees' provident funds and miscellaneous provisions act, 1952 (19 of 1952), or not] who deducts the employee's contribution from the wages payable to the employee for credit to a provident fund or family pension fund established by any law for the time being in force, shall be ..... in the said decision, the supreme court held that merely because the dispute was a civil nature was not by itself a ground to quash the criminal proceedings. ..... state of gujarat and another, (2009) 3 scc 78, the supreme court again reiterated that the complainant in order to prove the offence of cheating was required to show that the accused had fraudulent or dishonest intention from the very inception, i.e. ..... state of rajasthan an another (2009) 2 scc (cri) 332 is not applicable. ..... , (2009), 11 scc 89, the supreme court held that the high court in exercise of its jurisdiction u/s 482 cr.p.c. .....