Court : Uttaranchal
Reported in : 2006CriLJ1748
..... their defence.13. the learned trial court, after hearing learned counsel for the parties and having perused the entire evidence on record was pleased to convict the accused under section 323/34, ipc and 304, part-i, ipc vide judgment and order dated 21-7-1984.14. feeling aggrieved by the aforesaid impugned judgment and order dated ..... -9 dr, l. d. khatri are the formal witnesses.12. after the evidence of the prosecution was over, the statement of the accused/ appellants were recorded under section 313 of the criminal procedure code. the defence has taken a case that on the date of incident devi dutt was repairing his gaushala situated towards north of his house, the ..... judge), nainital in s. t. no. 180 of 1981 whereby the learned additional sessions judge convicted and sentenced the appellants to pay a fine of rs. 1000/- under section 323/34, ipc and in default of payment of fine each of the appellants to undergo r.i. for a period of three months. appellant shanti ballabh was convicted .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2006Utr9
Cyriac Joseph, C.J.1. The petitioner is a final year student of B.A. Degree Course in the Almora Campus (Soban Singh Jeena Campus) of Kumaon University. He has filed this writ petition praying for quashing Annexure-3 order dated 19-9-2005 by which the petitioner was informed by the first respondent-Registrar, Kumaon University that according to Admission Rule 1.12 and the provisions of the Constitution of the Students' Union, it was not possible to permit the petitioner to be a candidate in the election to the Students' Union for the year 2005-2006. The petitioner also prays for a direction to the respondents not to cancel the nomination of the petitioner for the post of Vice-President ot the Students' Union, Soban Singh Jeena Campus, Almora for the year 2005-2006.2. It is not disputed that according to Clause 1.12 of the Admission Rules, a student who had taken regular admission but could not appear in the examination due to illness or such other valid reasons, can be given readmissio...
Tag this Judgment!Court : Uttaranchal
Reported in : (2006)206CTR(Uttranchal)56; [2006]285ITR74(Uttaranchal)
..... even in the absence of specific power conferred by the statute, the commissioner of income-tax had power to rescind the order granting registration under section 12aa of the act, if such registration was obtained by practising fraud or forgery. even assuming that the commissioner has power to rescind the order of registration on ..... the petitioner is right in contending that the second respondent-commissioner of income-tax had no power and jurisdiction to withdraw the registration granted under section 12aa of the act. if that question is decided in favour of the petitioner, it will be unnecessary to consider the other contentions raised by the petitioner. hence ..... filed this writ petition praying for quashing annexure 6 order and for a direction to the respondents to restore to the petitioner the registration under section 12aa of the act. the petitioner has challenged annexure 6 order on the ground that the second respondent had no power and jurisdiction to withdraw registration as well as .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006CriLJ449
..... explain as to how and in what manner his wife met her unfortunate end. the burden on the accused lay in view of the provision of section 106 of the indian evidence act which the accused has failed to discharge and also to put forward any explanation whatsoever regarding the homicidal death. the time of the death has not ..... knowing about the tragic death of the deceased.22. learned counsel then pointed out to an omission occurring in the statements of p. w. 3, as recorded under section 161 and section 164 of the code of criminal procedure to assail credibility of the witness. p.w. 3 testified that witness gurbachan singh (p.w. 4) on the reaching ..... murdered the deceased in the hope of getting remarried and again receiving rich dowry. with these conclusions, the accused nirmal singh alone was held guilty for offence punishable under section 302 i. p. c, and was convicted and sentenced as stated above whereas the father, mother and sister on appreciation of the evidence were given benefit of .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2006Utr30
..... document that is to be considered for the purpose of determination of proper stamp duty payable on the instrument.14. the collector while issuing notice under section 47-a of the indian stamp act has not applied his mind and has arbitrarily fixed the stamp duty ignoring the report of the patwari. it appears that the case has been decided ..... stamp duty, the minimum market value of immovable property forming the subject of an instrument of conveyance, exchange, gift, settlement, award or trust, referred to in section 47-a(1) of the act, shall be deemed to be not less than that as arrived on the basis of the multiples given below:(i) where the subject is land-(a) in ..... rs. 67,215/- and the stamp duty according to the petitioner was paid to the extent of rs. 9800/-. however, a notice was issued under section 47a of the indian stamp act stating therein that the petitioner having purchased 2 nali 4 mutthis land which is situated about 200 meters away from the motorable road and he is required to .....
Tag this Judgment!Court : Uttaranchal
Reported in : I(2007)ACC87
..... ) acc 292 (sc) : 2003 (1) uc 33. in that case, it has been observed by the apex court that, 'even if no appeal is preferred under section 173 of 1988 act by an insured against the award of a tribunal, it is not permissible for an insurer to file an appeal questioning the quantum of compensation as well as findings ..... the insurance company has not taken the plea in the written statement before the tribunal that there was collusion between the parties. only by filing application under section 170 of the motor vehicles act (paper no. 17-kha) the insurance company has taken a plea that there is collusion between the owner and a the claimant. we have gone ..... learned counsel for the objector-insurance company further contended that the insurance company has a right to contest the case on merit on all the grounds under section 170 of the motor vehicles act. it was further contended that the respondent no. 3 owner of the vehicle in question did not contest the case properly and the respondent no. .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2006Utr23
..... held that the plaintiff/ appellant's right, if any, in the disputed land has been extinguished on the enforcement of u.p. zamindari abolition and land reforms act.19. it was also pointed out by the learned counsel for the plaintiff/appellant that the learned district judge has erred in holding that the suit is time barred ..... the said land and the said land belongs to plaintiff/appellant even then the plaintiff/appellant would not acquire any rights after the enforcement of the jamindari abolition act. it is admitted case of the plaintiff/appellant that the muafidari continued up to 1948 and the said rights came to an end on receipt of compensation ..... learned district judge further held that the plaintiff/appellant's rights, if any, over the disputed land has been extinguished on the enforcement of the kumaon zamindari abolition act. the learned district judge further held that the suit is time barred and he accordingly dismissed the suit.11. we have gone through the entire evidence on record .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2006)205CTR(Uttranchal)340; [2006]285ITR321(Uttaranchal)
..... the same extent as the petitioners were doing. it could not, therefore, be said that the petitioners were at all enjoying any concession within the meaning of section 17(2) of the act. moreover, the income-tax authorities themselves had written to various public sector undertakings which were similarly situated as the indian bank to the effect that if an employee ..... authority concluded that the value of such concession in the matter of rent provided by the appellant to its employees was a perquisite in terms of the provisions of section 17 of the act and the value of the same was to be computed in accordance with rules 2a and 3 of the income-tax rules, 1962. the assessing authority further ..... less than the leased amount and it is a concession in terms of rule 3. rule 3 has been framed in exercise of the power conferred by section 295(2)(c) of the act. the aim and object of the said rule is to compute the value of the perquisite chargeable to tax. the assessing authority has first to come to .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2006]155TAXMAN477(NULL)
..... authority concluded that the value of such concession in the matter of rent provided by the appellant to its employees was a perquisite in terms of the provisions of section 17 of the act and the value of the same was to be computed in accordance with rules 2 and 3 of the income-tax rules, 1962. the assessing authority further ..... the same extent as the petitioners were doing. it could not, therefore, be said that the petitioners were at all enjoying any concession within the meaning of section 17(2)(ii) of the act. moreover, the income-tax authorities themselves had written to various public sector undertakings which were similarly situated as the indian bank to the effect that if an ..... less than the leased amount and it is a concession in terms of rule 3. rule 3 has been framed in exercise of the power conferred by section 295(2)(c) of the act. the aim and object of the said rule is to compute the value of the perquisite chargeable to tax. the assessing authority had first to come to .....
Tag this Judgment!Court : Uttaranchal
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 .....
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