Court : Uttaranchal
Reported in : 2007(1)AWC941(UHC)
..... the fundamental rights; (ii] where there is violation of principles of natural justice; or (iii) where the order or the proceedings are wholly without jurisdiction or the vires of an act is challenged. apart from this, in u.p. state bridge corporation ltd. and ors. v. u.p. rajya setu nigam s. karamchari sangh manu/sc/0130/2004 : (2004)iillj9sc , it .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2007(1)AWC933
..... capacity on that post from the date of confirmation of such permanent teacher in the higher grade.regulation 25 of chapter iii framed under section 16(g) of the aforesaid act, provides as under:temporary employee-appointed for leave vacancy.--25. the services of a temporary employee (other than a probationer) or of ..... are reiterated.8. before further discussions, it is pertinent to mention here, the relevant provision of law applicable to this case. sub-section (1) of section 16g of the u.p. intermediate education act, 1921, reads as under:16g. conditions of service of head of institutions, teachers and other employees:(1) every person employed in ..... inter college, laksar, district haridwar (hereinafter referred as the college), whereby the services of the petitioner were terminated under section 16g read with regulation 25 of regulations framed under the u.p. intermediate education act, 1921.2. heard learned counsel for the parties and perused the record.3. brief facts of the case, as .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2008ACJ1057
..... . tribunals in interpreting the policy conditions would apply 'the rule of main purpose' and the concept of 'fundamental breach' to allow defences available to the insurer under section 149(2) of the act.13. the apex court in the case of lai chand v. oriental insurance co. ltd. manu/sc/8433/2006 : (2006)7scc318 , after placing reliance upon ..... appeal against the award dated 28.6.2003, passed by motor accidents claims tribunal, almora.3. the claimant prem bisht preferred a claim petition under section 166 of the motor vehicles act, 1988 for the grant of compensation on account of the death of govind singh in a motor vehicle accident. according to the claimant on the fateful ..... placed reliance on the case of basanti devi v. naresh rangar 2007 (1) ud 11, where a division bench of this high court held as under:section 163-a of the motor vehicles act reads as follows:163-a. special provisions as to payment of compensation on structured formula basis.--(1) notwithstanding anything contained in this .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2008)216CTR(Uttranchal)115; [2008]299ITR262(Uttaranchal)
..... service, the assessing officer found that the accounts thereof did not give correct income and the income was, therefore, arrived at by the following proviso to section 145(1) of the act.3. aggrieved by the aforesaid assessment order, the assessee filed an appeal before the commissioner of income-tax (appeals). the commissioner of income-tax (appeals) ..... of the nature described in sub-clause (ii).8. it is important to mention here that the same definition of 'agricultural income' has been adopted in section 2(1a) of the income-tax act, 1961.9. from a perusal of both clauses (a) and (b) of the definition of the 'agricultural income', it is clear that the ..... well as the judicial pronouncements of the supreme court.7. in order to appreciate the arguments it would be relevant to peruse the provision of section 2(1) of the indian income-tax act, 1922, which is extracted below:'agricultural income' means-(a) any rent or revenue derived from land which is used for agricultural purposes and .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2007Utr80
..... manu/sc/0002/2004 : air2004sc1321 , the apex court has observed as under: (para 7)the applicability of doctrine of merger within the meaning of clause (d) of section 111 of the transfer of property act, 1882 is not attracted. in order to bring the tenancy. to an end the merger should be complete; i.e. the interest of the landlord in its ..... the whole of the property become vested at the same time in one person in the same right;13. as will appear from clause (d) of section 111 of the transfer of property act itself that the merger takes place only when the interest of the lessee and the lessor in the whole of the property become vested in one person ..... facts....12. a question which could have been raised as a defence in the suit cannot be -raised after the decree is passed.12. apart from that section 111(d) of the transfer of property act, 1882 reads as under:111. determination of lease. - a lease of immovable property, determines-**** ****(d) in case the interest of the lessee and the lessor .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2007Utr65
..... ors. v. brijpal singh and ors. (allahabad high court) 1996 (28) alr 268, where it has been observed as under:coming to the next point namely, noncompliance of section 16 of specific relief act, i again do not find any force in this contention. there is evidence on the point from the side of the plaintiffs, which was rightly accepted by the ..... /2006 : air2006sc1144 , the apex court has observed as under:11. the requirements to be fulfilled for bringing in compliance of the section 16(c) of the act have been delineated by this court in several judgments. while examining the requirement of section 16(c) this court in syed dastagir v. t.r. gopalakrishna setty manu/sc/0471/1999 : air1999sc3029 noted as follows:so .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2008ACJ1317; AIR2007Utr62
..... the lower court's record. in the policy extra premium has been paid for legal liability of the driver. thus proviso of clause (a)(i) of sub-section (1) of section 147 of m.v. act, does not come to operate in the present case, for denial of the liability of insurance company in respect of the death or bodily injury to a ..... on the case dhanraj v. new india assurance co. ltd. and anr. (2004) acc 300 (sc) : air 2004 sc 4767 in which the apex court has held that section 147 of m.v. act does not require an insurance company to assume risk for death or bodily injury to the owner of the vehicle. the apex court has observed as under:we ..... policy. it is a comprehensive policy. the question that arises is whether a comprehensive policy would cover the risk of injury to the owner of the vehicle also. section 147 of the motor vehicles act, 1988 reads as follows:147. requirements of policies and limits of liability.--(1) in order to comply with the requirements of this chapter, a policy of insurance .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2007CriLJ3703
..... and copy of the fir reveals that the delayed receipt of fir was not fatal.42. to attract the provisions of section 34, i.p.c. two postulates are indispensable. (1) the criminal act (consisting of a series of acts) should have been done, not by one person, but more than one person, (2) doing of every such individual ..... act cumulatively resulting in the commission of criminal offence should have been in furtherance of the common intention of all such persons. to attract the applicability of section 34, i.p.c. the prosecution is under obligation to establish that there existed a ..... common intention which requires a pre-arranged plan, because before a man can be vicariously convicted for the criminal act of another, the act must have been done in furtherance of the common intention .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2007CriLJ2663
..... , i am of the view that the prosecution has successfully established the case beyond reasonable doubt against the appellant/accused. accused/appellant was rightly convicted by the trial court under sections 376 and 376/511, i.p.c. i do not find any illegality, irregularity or mistake in the judgment and order passed by the trial court. hence, the judgment and ..... house the prosecutrix stayed at muni-ki-reti for a night. p.w.7 is p. k. chaudhary, investigating officer of the case. after this, the accused was examined under section 313, cr.p.c. and he has denied the allegations made against him and he has stated that he was falsely implicated on account of business rivalry. however, he has ..... , in session trial no. 31/86 is hereby confirmed. the sentence awarded to the accused/appellant deep raj for 7 years r.i. under section 376, i.p.c. as well as 7 years r.i. under section 376/511 of i.p.c. are also hereby confirmed. both the sentences shall run concurrently as held by the trial court.22. the .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2007Utr87
..... by the same witness prakat singh produced in this case also. in the aforesaid circumstances, it cannot be said that no notice under section 80 c.p.c. and section 106 panchayat raj act was served upon the defendants/appellants before filing the25. no other point has been raised before us by either party.in view of foregoing ..... and (2) resumption of rent-free grants. this ex-proprietary right was apart from ex-proprietor's right of occupancy recognised by section 5 of the oudh rent act, 1886 and section 25 of the oudh lawsthese acts and amendments, though beneficial in their effect, failed to meet the changed economic conditions that grew up with the increase in population ..... mainly pleaded that the disputed land comes within the definition of agricultural land and the suits are barred by the provisions of section 331 of act no. 51 and sections 34, 38 and 41 of specific relief act; that the suits have not been valued properly; that the plaintiff was not in possession of the disputed land; that .....
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