Court : Uttaranchal
Reported in : AIR2009Utr7
..... as ex. 1 to ex. 6. defendant sher singh has admitted his signatures over all the documents, therefore, presumption of section 114 evidence act and section 118 of negotiable instruments act goes in favour of the plaintiff and the suit of the plaintiff is liable to be decreed.as against this the lower ..... admitted on the following substantial questions of law:1. whether the appellate court has erred in law in not drawing the presumption under section 118 of negotiable instrument act in favour of plaintiff/appellant despite the admitted fact that defendant has failed to disprove his signature upon the demand pronote executed by ..... that the: defendant has made his signatures over those documents without understanding their effect. thus presumption under section 118 of the negotiable instruments act goes in favour of the plaintiff. presumption under section 118 of the act is although rebuttable presumption but the defendant has failed to rebut that presumption by adducing reliable evidence. .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2008Utr43
..... an application for being discharged from the list of witnesses. the prescribed authority after hearing the parties passed the impugned order, confirmed the notice under section 4(1) of the act and ordered the eviction by issuing form b against the petitioner vide judgment and order dated 24-9-2002.4. aggrieved, the petitioner preferred an appeal ..... 5-2000, but she did not vacate the premises in question. subsequently, on 16-8-2000, the university through its register moved an application under section 4(1) of the act for eviction of the petitioner from the premises in question, which was earlier known as strawberry cottage. eviction case no. 22/49 of 2000-2001 was ..... any interference in writ jurisdiction by this court.12. it has further been argued by the learned counsel for the petitioner that no notice under section 106 of the transfer of property act had been served upon the petitioner, therefore, the petitioner cannot be evicted from the premises in question. i am not inclined to accept .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2009ACJ1619
b.c. kandpal, j.1. this appeal under section 173 of motor vehicles act, 1988, has been filed by the appellant against the judgment and order dated 11.10.2004 passed by motor accidents claims tribunal/district judge, pauri garhwal in m.a.c. ..... . it has further come to my notice that the tribunal has considered her age 33 years, therefore, the tribunal adopted the multiplier of 17 as per schedule to motor vehicles act, 1988, then the income of the deceased comes to rs. 1,17,300 and after adopting the multiplier of 17 it comes to rs. 19,94,100. after deducting 1 .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2008)216CTR(Uttranchal)86
..... .1996, passed by additional commissioner of income-tax, dehradun (assessing officer), an appeal was preferred by the assessee nrc under section 143 of income tax act, 1961 before the commissioner of income-tax (appeals), dehradun [hereinafter referred as cit(a)]. after hearing the parties, the ..... 65 per cent. surcharge on income-tax the amount of income-tax computed in accordance with the provisions of this paragraph or section 112 shall, in the case of every domestic company having a total income exceeding seventy five thousand rupees, be increased by a ..... b) of article 2 of dtaa, quoted above, clearly provides that surcharge is also payable by the foreign companies under the income tax act. clause 2 of article 2 further provides that the agreement (convention) would be applicable to substantially similar taxes in place of the 'existing ..... 1. this appeal, preferred under section 260a of the income tax act, 1961, is directed against the judgment and order dated 26th february 2006 / 7th april 2006 .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2008CriLJ2837
..... of decisions of the hon'ble apex court, the following broad proposition of law clearly emerges: (a) the conviction under section 302 simpliciter without aid of section 149 is permissible if overt act is attributed to the accused resulting in the fatal injury which is independently sufficient in the ordinary course of nature to cause ..... stood, that circumstances would not impede the conviction of the appellant under section 302 read with section 149, ipc; (c) charge under section 302 with the aid of section 149 could be converted into one under section 302 read with section 34 if the criminal act done by several persons less than five in number in furtherance of common ..... section 149 ipc. now mute question remains for consideration when there is no direct evidence against the accused-appellant that he has set the fire and the witnesses had not stated anywhere in their evidence that they had seen him doing so. it is evident from the prosecution version that the agitators were having explosives .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2009CriLJ400
..... . mishra pw6 is the investigating officer of this case and he investigated the case and submitted the charge-sheet against the appellants.5. the accused persons were examined under section 313 cr.p.c. and they have pleaded not guilty to the offence. they have stated that they have been falsely implicated in this case due to the enmity with ..... nature. on 23.08.1988 at about 11:50 pm smt. krishna devi succumbed to her injuries in the civil hospital. jaspur. thereafter, the police converted the case under section 304 ipc on 24.08.1988. the matter was investigated by the police and after completion of the investigation the charge-sheet was submitted before the court concerned.3. after ..... by the then 4th additional sessions judge, nainital in st. no. 271 of 1989, whereby both the appellants were convicted and sentenced to undergo r.1 for seven years under section 304 ipc read with 34 ipc.2. the facts, in nutshell, are that on 21.08.1988 at about 2 p.m. smt. krishna devi (deceased) was removing soil .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2009CriLJ872
..... were shown to be recovered from the possession of the revisionist /accused nirmal singh would not come under the definition of the opium derivatives as defined under section 2(f) of the act. he further submitted that as the recovered items would not fall within the definition of opium derivatives, so it would also not fall within the definition ..... available on record, the learned special magistrate, cbi/spe, 1st class dehradun vide his-judgment and order dated 11-12-1981 convicted the revisionist/accused nirmal singh under section 14 of the act for two years r.i. with fine of rs. 5000/- and in default of payment of fine, six months' further s.i. was awarded to him ..... 1979.5. learned special magistrate for cbi/addl. cjm, dehradun vide his order dated 7-9-1979 framed the charge against the revisionist/accused nirmal singh under section 14 of the act. the charge was read over and explained to the revisionist/accused who pleaded not guilty and claimed to be tried.6. to prove its case, the .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2008Utr62
..... 2005, passed by learned additional judge, family court, roorkee, in misc. case no. 04 of 2004, whereby it has allowed the petition, moved under section 7 read with section 25 of aforesaid act and directed that two children, namely, nitin kumar and km. shivani alias heena be handed over by the appellant sudesh (mother) to respondent madan pal ..... 23-7-2005, passed by the additional judge, family court, roorkee, in misc. case no. 04 of 2004 is set aside. the petition under section 7 read with section 25 of guardian and wards act, 1890, moved by the father (madan pal) is hereby dismissed. however, it is observed that the mother (present appellant) shall permit the father ..... the custody of the two minor children, namely, nitin kumar and km. heena6. the trial court, after recording evidence allowed the petition under section 7 read with section 25 of guardians and wards act and directed mother to hand over custody of the two children to the father. hence this appeal.7. the main ground on which the .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2008(131)ECC51; 2008(157)LC51; 2008(230)ELT39(NULL)
..... ; and(c) moulds and dies, generating sets and weighbridges used in the factory of the manufacturer.'specified duty' means duty of excise or the additional duty under section 3 of the customs tariff act, 1975 (51 of 1975).(2) notwithstanding anything contained in sub-rule (1), no credit of the specified duty paid on capital goods shall be allowed if such ..... however, now under rule 57q, the definition of 'capital goods' is restrictive and reads as under:explanation - for the purposes of this section, - (1. 'capital goods' means, following goods falling within the schedule of the central excise tariff act, 1985 (5 of 1986) and used in the factory of the manufacturer, namely,-(a). all the goods falling under chapter 84 (other ..... prafulla c. pant, j.1. this appeal, preferred under section 35g of the central excise act, 1944, is directed against the order dated 27.09.2005, passed by the customs, excise and service tax appellate tribunal, new delhi (hereinafter referred as cestat) in appeal no. e .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2009Utr5
..... suit and, not only that, it condoned the delay also ex parte, without issuing any notice to the defendants in the suit.7. irrespective of the fact that section 5 limitation act is not applicable to suit, as far as the law of limitation is concerned, if a matter, on the own showing of the party filing the matter in ..... the plaintiff about the knowledge having been acquired by it within three years prior to the presentation of the suit. this is one aspect of the matter.5. section 5 of the limitation act, 1963 reads thus:5. extension of prescribed period in certain cases. - any appeal or any application, other than an application under any of the provisions ..... the impugned order is set aside. based upon the observations made in this judgment, it is held that the suit, in the present form without any application under section 5 limitation act, is maintainable but subject to the fact of the plaintiff having acquired the knowledge in the year 2006 being proved by the plaintiff. the application under .....
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