Court : Uttaranchal
..... husband or relative shall be deemed to have caused her death.explanation.-for the purpose of this subsection, 'dowry' shall have the same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961).(2) whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years ..... the woman soon before her death.27. the significant words are 'within seven years of marriage' and 'soon before her death'. the main ingredient of section 498a ipc is also the act of cruelty by the husband or the relative of the husband of a woman. undisputedly, the deceased died within six months of her marriage. now, in ..... as the said word is normally understood. the evidence adduced by the prosecution does not, therefore, show that any demand for 'dowry' as defined in section 2 of the dowry prohibition act was made by the appellants as what was allegedly asked for some money for meeting domestic expenses and for purchasing manure. since an essential ingredient of .....
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CLMA No. 889 of 2010 1. Learned Counsel for the respondents does not oppose the application for condonation of delay in filing the restoration application.2. In view of the above, CLMA No. 889 of 2010 is allowed. Delay in filing the application for restoration of the main Appeal is condoned.MCC No. 56 of 2010 3. For the reasons indicated in the application, we are of the view that the order dated 23.6.2009 dismissing the Special Appeal No. 145 of 2008 in default deserves to be recalled. The same is accordingly recalled. The aforestated Special Appeal is accordingly restored to its original number.Special Appeal No. 145 of 2008 4. The appellant was inducted into the service of respondents as a Lower Division Clerk on 27.3.1987. A few months thereafter, on 27.7.1987 the appellant tendered her resignation from service. The resignation submitted by the appellant was accepted on 8.8.1987. The order dated 8.8.1987 was assailed by the petitioner by filing Writ Petition No. 7633 of 1995 before...
Tag this Judgment!Court : Uttaranchal
..... a particular officer (as a part of the court convened) for holding such court-martial proceedings. yet again, the same conclusion emerges from sub-section (3) of section 130 of the army act, 1950, which postulates, that if the objection raised by the accused is upheld, then such member (against whose participation an objection was raised) ..... the acceptability of an officer sitting on the said court, for trial. this conclusion of ours also stands affirmed by the words used in sub-section (2) of section 130 of the army act, 1950. 'if the accused objects to any such officer...', then his objection will be considered by the remaining officers of the court (i ..... , 10 engineer regiment, in initiating the holding of a summary court- martial against the appellant. in this behalf our pointed attention was drawn to section 130 of the army act, 1950. section 130 of the aforesaid is being extracted hereunder:130. challenges.- (1) at al trials by general, district or summary general court-martial, as .....
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1. The appellants approached this Court by filing Writ Petition (SS) No. 95 of 2009 so as to claim eligibility for appointment against the post of L.T. Grade Teacher in Physical Education by way of direct recruitment. In this behalf, it would be pertinent to mention that 70 posts of L.T. Grade Teacher in Physical Education were advertised on 17.6.2002 for Kumaon Mandal. Subsequently, 25 more posts for L.T. Grade Teacher in Physical Education were advertised on 20.10.2004 again for the Kumaon Mandal. Thereafter, 46 further posts of L.T. Grade Teacher for Physical Education were advertised on 4.11.2009 for Garhwal Mandal. The appellants had responded to the aforesaid advertisements, but their candidatures were not being considered. It is in the aforesaid circumstances that the appellants had approached this Court by filing the aforesaid writ petition seeking consideration in the selection process.2. It is not a matter of dispute that the advertisements, referred to in the foregoing parag...
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..... master or lecturer or l.t. grade teacher. further, under rule 2 (b), an employee was required to work against a newly created post whereas under section 41 of the act, a p.t.a. teacher was required to work under a sub-substantive post which, in my opinion, is totally different and distinct from a newly ..... provincialisation of such institution was given temporary appointment against the newly created post and has since then been working in any post under the state government;5. section 41 of the act provides that the committee of management can appoint, on adhoc basis, part-time p.t.a. teachers from its own resources. rule 2 (b) defines ..... . the petitioner being aggrieved by the said order has filed the present writ petition.3. the learned counsel for the petitioner submitted that in view of section 41 of the uttaranchal school education act, 2006 read with rule 2 (b) of the u.p. provincialised educational institutions (absorption of the employees in government service) rules, 1992, the .....
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..... not follow the aforesaid standard but went on to analyse evidence as if the material before them was given for the first time and not in appeal. section 134 of the indian evidence act provides that no particular number of witnesses shall in any case be required for the proof of any fact and, therefore, it is permissible for a court ..... sessions trial no. 389 of 1993, state v. dilla & suresh kumar, whereby the learned ii addl. sessions judge has convicted each of the appellants/accused dilla and suresh under section 376 of the indian penal code, 1860 (hereinafter to be referred as i.p.c.) and sentenced each of them to ten years' rigorous imprisonment with fine of rs. 2 ..... the evidence is also common in the said trial, hence both of them are being disposed of by this common judgment and order.2. both the criminal appeals, preferred under section 374(2) of the code of criminal procedure, 1973 (hereinafter to be referred as cr.p.c.), are directed against the common judgment and order dated 4.4.1997 .....
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Tarun Agarwala, J.1. Heard Shri Shobhit Saharia, the learned Counsel for the petitioner and Shri Subhash Upadhyaya, the learned Brief Holder for the respondents.2. The petitioner was initially appointed as an Auxolary Nurse Midwife (hereinafter referred to as ANM) on 3rd August, 1982 and worked till 8th July, 1993 when she resigned on account of certain family problems. Her resignation letter was duly accepted by the Chief Medical Officer from the period 1st February, 1997 to 31st December, 2002. The petitioner served as a Midwife in the Indian Army w.e.f. 1st August, 2002. The petitioner again joined as an ANM on a contract basis by an order of the Chief Medical Officer, Bageshwar and continued to work on a contract basis till 9th January, 2006.3. In the year 2005, the petitioner made a representation that she should be regularized on the post of ANM. This representation was made on the basis of a Government Order dated 24th August, 2004 which stipulated that all ANM workers working o...
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..... not be less than 7 years but which may be for life or for a term which may extend to ten years. however, there is a proviso to sub-section (1) of section 376 that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years ..... pw-5) medically examined the victim and sri p.c. verma, the investigating officer (pw-6).5. on conclusion of prosecution evidence, statement of the accused-appellant was recorded under section 313 cr.p.c. he denied all the allegations of prosecution and claimed innocence and false implication.6. the accused-appellant was on bail. when the appeal was listed for ..... that the trial court fell into error while awarding the sentence for five years without subscribing to any special reasons for awarding lesser than the minimum sentence provided under the act. the apex court in the case of state of m.p. v. santosh kumar reported in 2006 (3) scc (cri) 1 observed as under:both, in cases of .....
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J.S. Khehar, C.J.1. Respondent Nos. 4 to 10 approached this Court by filing Writ Petition (S/S) No. 1479 of 2006, so as to impugn an order dated 18.10.2006. By the aforesaid order the authorities had decided to consider the claim of the aforesaid respondents for determining seniority in the cadre of Village Development Officers with reference to 24.11.1992. Respondent Nos. 4 to 10 accordingly approached this Court to assail the aforesaid determination rendered by the authorities. A learned Single Judge allowed the aforesaid writ petition by an order dated 29.12.2007. The impugned order dated 18.10.2006, furnished to the said respondents through a covering letter dated 01.11.2006, was quashed.2. The order rendered by the learned Single Judge dated 29.12.2007 rendered in Writ Petition (S/S) No. 1479 of 2006 has been assailed through the instant special appeal by 18 appellants. The 18 appellants in the instant special appeal were inducted into the service of the Rural Development Departme...
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..... for the foregoing reasons, prosecution has failed to prove its case against the accused appellant beyond reasonable doubt for the offence punishable under sections 376 ipc and section 4 read with section 25 of the act and he is entitled to get the benefit of doubt. as such, the impugned judgment and order of the trial court is not ..... 4. on 7.2.1995, learned additional sessions judge, dehradun framed the charge against the appellant/accused under sections 376 ipc. the charge was also framed against the accused appellant under section 4 read with section 25 of the act. the charges were read over and explained to the accused appellant, who pleaded not guilty and claimed to ..... bhoora is hereby set aside. conviction of the appellant under sections 376 ipc and section 4 read with section 25 of the act is hereby quashed and the sentence to undergo five years' r.i. under section 376ipc and one year's r.i. under section 4 read with section 25 of the act is hereby set aside. the appellant is on bail. .....
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