Court : Uttaranchal
Decided on : Apr-26-2006
Reported in : 2006CriLJ4334
..... the police started the investigation in this matter. the prosecution has further stated that another case was registered on 30th july, 1998 under sections 121/12a/112, i.p.c. and 4/5 explosives act and 18 foreigners act, 1948 in the railway station, delhi. while making the investigation of that case, the delhi police arrested the respondent-accused. the ..... the magistrate. the case was committed to the court of sessions and the learned sessions judge framed the charges under section 4/5 explosive substances act, under section 216/34, i.p.c. and 151/34 of railway protection of property act.5. the accused denied the charges and claimed the trial.6. thereafter, the matter was listed for the ..... in session trial no. 241/03 in case crime no. 150 of 1997 whereby he convicted and sentenced the accused under sections 216/34, i.p.c. and 4/5 explosive substances act and 151/34 of railways act to the period already undergone by him in jail.2. brief facts for the disposal of this appeal are that an .....
Tag this Judgment!Court : Uttaranchal
Decided on : Apr-05-2006
Reported in : [2006]284ITR22(Uttaranchal)
..... 31 of the rules being the price of the intoxicants which constitutes sale by the state government or by the excise commissioner, and is taxable under section 206c of the act and not the basic fee.22. therefore, the question framed above is answered against the revenue and in favour of the assessee.23. the appeals ..... income-tax appellate tribunal. the learned income-tax appellate tribunal after hearing the parties recorded a finding that the assessee is not an assessee in default under section 206c of the act and quashed the impugned order passed by the commissioner of income-tax (appeals) and allowed the appeals. it was also recorded by the learned income- ..... ) that the appellants/district excise officer was the 'seller' of the country liquor in the respective financial years and he was liable to collect tax under section 206c of the act from the buyers of the country liquor in his jurisdiction. the learned commissioner of income-tax (appeals) further held that the 'basic licence fee' is in .....
Tag this Judgment!Court : Uttaranchal
Decided on : Feb-23-2006
Reported in : 2006(3)AWC2358
..... assisant commissioner boardof persons occu- collector.pying the land 1st classwithout title anddamages.as such, the above entry contained in second schedule of the aforesaid act, read with section 331 quoted above, bars the jurisdiction of the civil court in respect of the suit in possession of an agricultural land.16. shri s.p. ..... expressed or clearly implied. the provisions of a law which seek to oust the jurisdiction of civil court need to be strictly construed. section 331 of the act has been the subject of series of pronouncements of the high court as to the circumstances and the nature of the suits in which its ..... of urban area districtmeerut divisionmunicipality1. . .2. hardwar do saharanpurunion3. . .the aforesaid notification published in the gazette can be read by the court under section 81 of indian evidence act, 1872. on behalf of the plaintiff/respondent, it is argued that without demarcation, there cannot be vesting of the agricultural area within the limits of municipality .....
Tag this Judgment!Court : Uttaranchal
Decided on : Mar-23-2006
Reported in : IV(2006)BC16
..... respondent, submitted that he is not doing the business of money-lending. keeping in view the definition of 'money-lender', as provided in sub-section (6) of section 3 of u.p. regulation of money-lending act, 1976, money-lender is a person, who carries on the business of money-lending. that being so, a stray transaction of a single ..... . section 18 of the said act, further provides that no suit on the basis of any loan, agreement or security referred to in sub-section (1) of section 15 of the act shall be instituted by any money-lender at the time of advancing such loan unless ..... put an end to such malpractices and exploitation, it is necessary to regulate the business of money-lending and to provide for registration of money-lenders. section 10 of u.p. regulation of money-lending act, 1976, provides that no person shall carry on the business of money-lending unless he holds a valid certificate of registration .....
Tag this Judgment!Court : Uttaranchal
Decided on : Nov-06-2006
Reported in : AIR2007Utr41
..... minerals and the petitioner also used compressor machines for digging the aforesaid operation. he further submitted that limestone and boulders are all comes within the definition of section 3 of the act. in support of his case, he placed reliance in the judgment given by hon'ble apex court in the case of bhagwan das v. state of ..... is denied by the respondents. it has been stated that the limestones and boulders etc. are all come within the definition of minor mineral as envisaged under section 3-e of the act and under the definition as envisaged in rule 2(7) of the rules, 1963. it has also been stated that the land wherein the petitioner constructed ..... demanding a sum of rs. 7,14,835/- on account of royalty and penalty being illegal, void and inoperative as the provisions of mines & minerals (regulation & development) act, 1957 and u.p. minor mineral (concession) rules, 1963 are not applicable to the petitioner since the petitioner is not carrying out any mining operations.2. brief facts of .....
Tag this Judgment!Court : Uttaranchal
Decided on : Jun-26-2006
Reported in : [2006]148STC56(Uttra)
..... to the dealer, as to whether the purchase tax is liable to be levied on the said goods or not.5. to examine this aspect the definition of section 3-aaaa of the u.p. trade tax act is relevant, which is as under :3-aaaa. liability to tax on purchase of goods in certain circumstances.--(1) subject to the provision of ..... section 3, every dealer who purchases any goods liable to tax under this act--...provided...(i) and (ii) ...(iii) the purchasing dealer resells such goods within the: state or in the course of inter-state trade or commerce ..... process adopted by the dealer would amount to a manufacture as per the definition of ''manufacture' under section 2(e-l) of the u.p. sales tax act, 1948. repealing the contention, the honourable apex court held that the purpose of the sales tax act is to levy tax on sale of goods of each variety and not the sale of the .....
Tag this Judgment!Court : Uttaranchal
Decided on : Apr-13-2006
Reported in : I(2007)DMC708
..... so as to bring it within the purview of the 'death occurring otherwise than in normal circumstances'. the expression 'soon before' is very relevant where section 113b of the evidence act and section 304b, ipc are pressed into service. prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in that ..... was for, or in connection with, any demand of dowry.(iv) such cruelty or harassment was soon before her death.11. a conjoint reading of section 113b of the evidence act and section 304b, ipc shows that there must be material to show that soon before her death the victim was subjected to cruelty or harassment. prosecution has ..... idea of proximity test. no definite period has been indicated expression 'soon before' is not defined. a reference to expression 'soon before' used in section 114, illustration (a) of the evidence act is relevant. it lays down that a court may presume that a man who is in the possession of goods 'soon after' the theft, is .....
Tag this Judgment!Court : Uttaranchal
Decided on : Jan-04-2006
Reported in : 2006(1)AWC651(UHC); 2006(3)SLJ414(NULL)
..... -merit'.9. in our considered opinion, in view of above position of law as discussed in b. v. siuatah (supra) read with the aforesaid rules of 1998, the respondents have acted illegally in placing the juniors higher in merit for promotions after the seniors cleared the bench mark for selection. therefore, we are of the view that without disturbing the result ..... of india.8. it is pertinent to mention here that 29.7.1998 is the date of notification whereby the aforesaid rules of 1998, framed under central government provincial rules act, 1976 (20 of 1976), were made applicable to the banks concerned. there is no dispute as to the seniority of the petitioners in the scale-i. the private respondents, as .....
Tag this Judgment!Court : Uttaranchal
Decided on : May-03-2006
Reported in : 2006CriLJ3806
..... judgment of the apex court in suganthi suresh kumar v. jagdeeshan reported in manu/sc/0037/2002 : 2002crilj1003 . the complaint was filed by the complainantunder section 138 negotiable instruments act. the amount covered by the said cheque was over four lacs. the accused did not pay any amount till the hearing of the trial. the learned ..... of the trial, the learned magistrate held that the prosecution had established the case against the accused beyond reasonable doubt and he convicted the accusedunder section 138 of the n.i. act and also awarded the sentence as indicated above.3. feeling aggrieved by the said order, the present revision petition had been preferred before this ..... of fine an imprisonment for two months.2. brief facts leading to this revision are that a complaint was filed before the learned judicial magistrateunder section 138 of the n. i. act alleging therein that the respondent no. 1 had given a cheque of rs. 30,000/- to the revisionist and the said cheque was dishonoured .....
Tag this Judgment!Court : Uttaranchal
Decided on : Apr-12-2006
Reported in : III(2006)ACC919
..... awarded by the tribunal either on account of the income of the deceased or the claimants' dependency assessed by the tribunal or the multiplier selected.9. the appeal filed under section 173 of the motor vehicles act, therefore, fails and is, hereby, dismissed summarily.
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