Court : Uttaranchal
Decided on : Aug-21-2003
Reported in : 2003CriLJ4797
..... just and warranted by the material on record. in other words the accused-appellant was rightly held guilty of committing rape on km. rekha and was accordingly convicted under section 376 of the indian penal code.19. it was lastly submitted that the sentence awarded is excessive. considering the facts and circumstances and the age of the victim the ..... in the prosecution version and its evidence has miserably failed and note of this was rightly taken up by the learned sessions judge also.17. in the statement under section 313 of the code of criminal procedure the accused had taken a strange plea that someone else has sexually assaulted the victim of the case and to save the honour ..... the learned sessions judge has also rightly inferred that the age of km. rekha at the time of occurrence was less than 16 years and she could not have acted out of her own free will and consent in the matter of any companionship with the accused. in view of this the submissions of learned amicus curiae have no .....
Tag this Judgment!Court : Uttaranchal
Decided on : Sep-09-2003
Reported in : AIR2004Utr19
..... . 1978, i.e., aara mill stahapana aur viniyaman niyamawali, 1978. however;, the amended rule has been produced by the standing counsel dated 26th june 1.998 where the definition of section 2 (a), which was amended, reads as under:'aara mill' ka taptarya imarati lakari aur anys lakar1 ko katane, cheerane ya use tukaraun me pariwartit karne ya tatsadraysa karyaun ko ..... status quo of the last non-contested status which preceded the pending controversy until the final hearing when full relief may be granted or to compel the undoing of those acts that have been illegally done or the restoration of that which was wrongfully taken from the party complaining. but since the granting of such an injunction to a party who .....
Tag this Judgment!Court : Uttaranchal
Decided on : Oct-14-2003
Reported in : 3(2005)ACC611
..... singh. being aggrieved by the above two awards given by the claims tribunal, two appeals (a.o. nos. 1101 and 1101-a of 2001) have been preferred under section 173 of motor vehicles act by the claimants. since, the decree was passed against gyan singh (owner of the bus) only and not against national insurance co. ltd. (hereinafter referred to as ..... .c.t. case no. 542 of 1991, the claimants and the owner of the offending vehicle have come to this court by way of appeals from order under section 173 of motor vehicles act, 1988.2. since, common question of law and fact arises for determination, all the above appeals are decided by this common judgment.facts:3. dr. ashok kumar ..... where prior to hiring the driver, the owner satisfies himself that the driver had a licence and that he was driving the vehicle competently, there would be no breach of section 149(2)(a)(ii) and in such a case, the insurer would be liable. that, if ultimately, the driving licence is found to be fake, the insurer would .....
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