Court : Uttaranchal
Reported in : 2007ACJ2034
..... year 1998 a person who was engaged in the work of labourer must be earning at least rs. 70 per day. therefore, in case if the principle of minimum wages act is to be applied in this case, the monthly income of the deceased thus would come to rs. 2,100. out of this amount if we deduct 1/3rd (rs .....
Tag this Judgment!Court : Uttaranchal
Reported in : IV(2006)ACC757
..... an loss of consortium to the widow respectively, the total compensation to the claimants comes to rs. 2,76,000.11. the appeal filed by the appellants under section 173 of the motor vehicles act, therefore, is allowed in part. the compensation of rs. 1,50,000 awarded by the tribunal is enhanced to rs. 2,76,000. the enhanced amount of .....
Tag this Judgment!Court : Uttaranchal
Reported in : 1(2007)DMC585
..... to take her from her matrimonial house and she is happy there. the father and brother of the deceased want to implicate his husband and his relatives under section 498-a. it was alleged by the revisionist that the said application was made under coercion. this application was also came before the magistrate on 17.10.1995 ..... lodged and the panchanama was prepared and the matter was investigated. the investigation culminated into charge-sheet.4. the accused-respondent nos. 2 to 5 were charged under sections 304b and 498a, i.p.c. the accused-respondent nos. 2 to 5 denied the charges levelled against them and claimed trial.5. the prosecution in support of ..... as indicated above are proved then a presumption of dowry death shall be drawn against the appellant under section 113b of the indian evidence act. it is to be kept in mind that a presumption under section 113b is a presumption of law. if the prosecution established the ingredients as indicated above the presumption of 113b will arise in .....
Tag this Judgment!Court : Uttaranchal
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
Reported in : IV(2006)ACC677
..... spending at least that much of amount on himself. the multiplier of 15 selected by the tribunal also cannot be found fault with. though second schedule to the motor vehicles act prescribes multiplier of 17 for the age group of 30-35 years, but in view of the dictum of the apex court in the case of municipal corporation of greater ..... and in assessing the income of the deceased at rs. 15,000 per annum on the basis of the notional income prescribed in the second schedule to the motor vehicles act. we do not find any infirmity in the deduction of the 1/3rd of the notional income as the personal expenses of the deceased, as the deceased, admittedly, was 31 ..... of the income of the deceased or the claimants' dependency assessed by the tribunal or the multiplier selected.9. for the foregoing reasons, the appeal filed by the claimants under section 173 of the motor vehicles act fails and is, hereby, dismissed. no order as to costs. .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2007Utr32
..... were that of landlord and tenant and, not that of licensor and licensee, as alleged and proved by the plaintiff.9. the word 'license' has been defined in section 52 of the easement act, 1882 (5 of 1882), which reads as under:52. 'license' defined -- where one person grants to another, or to a definite number of other persons ..... such right does not amount to an easement or an interest in the property, the right is called license. 10. the expression 'lease' is defined in section 105 of transfer of property act, 1882 (4 of 1882), as under:105. lease defined -- a lease of immovable property is a transfer of a right to enjoy such property, mode ..... civil procedure, 1908.answer regarding submission (a) i.e. jurisdiction:14. learned counsel for the defendant/appellant drew attention to this court to sub-section (2) of section 15 of the provincial small cause courts act, 1887, as amended by state of uttar pradesh and argued that the trial court has no jurisdiction to try this suit. the relevant sub .....
Tag this Judgment!Court : Uttaranchal
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
Reported in : II(2007)ACC182; 2008ACJ151
Rajeev Gupta, C.J.1. They are heard.2. This is claimant's appeal for enhancement of the compensation awarded by Motor Accident Claims Tribunal/Addl. District Judge, Udham Singh Nagar vide Award dated 12.6.2000 passed in Motor Accident Claim Petition No. 201 of 1999.3. Claimant Sanjay Kumar Verma claimed compensation of Rs. 53,00,000 (Rupees fifty-three lakh only) for the injuries suffered by him in the motor accident on 12.8.1998 when the bus bearing registration No. HR07 PA 0197, in which he was travelling, met with an accident due to rash and negligent driving of its driver and fell in a ditch resulting in multiple injuries to several bus passengers including the claimant. The claimant further pleaded that he used to earn Rs. 5,000 per month from his shop and, on account of the injuries suffered by him in the accident, the lower part of his body has become paralysed rendering him unfit to pursue his occupation.4. Respondent Haryana Roadways, while admitting the fact of the accident, ...
Tag this Judgment!Court : Uttaranchal
Reported in : II(2006)ACC473
prafulla c. pant, j.1. this appeal, preferred under section 173 of the motor vehicles act, 1988, is directed against the judgment and award dated 16.8.1997. passed by m.a.c.t./district judge, pauri garhwal in m.a.c. case no. 3 of .....
Tag this Judgment!Court : Uttaranchal
Reported in : I(2007)ACC262; 2007ACJ1412
..... the rate of 6 per cent per annum thereon as compensation to the claimants-appellants.2. brief facts of the case are that a claim petition under section 110-a of the motor vehicles act, 1939 was moved by claimants chandra devi, saraswati devi and lal singh, before the m.a.c.t./district judge, pithoragarh. as per the claim petition on ..... prafulla c. pant, j.1. this appeal preferred under section 110-d of the motor vehicles act, 1939, is directed against the judgment and award dated 29.7.1983, passed by m.a.c.t./district judge, pithoragarh in m.a.c. case no. 14 of 1981, .....
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