Court : Uttaranchal
..... stage, where it is presently being invoked, otherwise it will frustrate the ends of justice rather than insuring speedy and effective trial. therefore, the application under section 319 of cr.p.c. has rightly been rejected by the learned chief judicial magistrate, haridwar. although the learned sessions judge has also been right in rejecting ..... mahr in the case of persons to whom the muslim personal law (shariat) applies. explanation ii. the expression valuable security has the same meaning as in section 30 of the indian penal code (45 of 1860). 6. what has been stated by these witnesses prima facie is strictly speaking not an admission of giving dowry ..... must proceed against mr. kedarnath batla and smt. seema batla under section 3 of the dowry prohibition act, 1961. 5. first of all, dowry has been defined under section 2 of the dowry prohibition act, 1961, which reads as under:- 2. definition of dowry.in this act, dowry means any property or valuable security given or agreed to .....
Tag this Judgment!Court : Uttaranchal State Consumer Disputes Redressal Commission SCDRC Dehradun
..... this commission. the said issue stood closed and it is not the commissioners report that would extend some uncalled for advantage to any party. moreover, section 13 of the consumer protection act authorizes issuance of a commission and since the commissioner appointed by the district consumer forum-i, lucknow also examined the witnesses present at the site of ..... by sri tandon on the ground that he had never attended the hearing of the case and as such he could not pass the order under section 14(2a) of the consumer protection act. as a matter of fact, his order of 2.2.2007 is nonest in the eyes of law. the district consumer forum could not have ..... a report was obtained contrary to the law. in this context, it was argued that there is no provision for obtaining a commissioners report under the consumer protection act and thus the very order regarding issuance of a commission to the advocate commissioner was void. reliance has been placed on a citation of andhra pradesh high court reported .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2012CrLJ1958
..... , hence, the status of smt. shalini gupta cannot be equated with a woman who has been in a domestic relationship as envisaged in the definition provided under section 2(a) of the act of 2005. therefore, she cannot be said to be an aggrieved person with the result that the right of alternative accommodation from her erstwhile husband, in ..... exists between the parties. their marriage stood annulled. so, her status cannot be equated with that of an aggrieved person as envisaged in the provisions of section 2(a) of the act of 2005. in the decree of divorce, no mention was made by the learned judge, either in the trial or in appeal, regarding the provision of residence ..... challenge was made by her only to the decree of annulment of the marriage. she did not challenge the dismissal of the petition filed by her under section 9 of the hindu marriage act. this appeal was adjudicated by a division bench of this court vide judgment and order dated 28.8.2008, which was a conditional order to the .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2012(4)LRC478
..... petitioner and respondent are related by consanguinity, marriage, or relationship in the nature of marriage, or adoption.(6) " aggrieved person" is defined in clause (a) of section 2 of the act. the same reads as under:- " aggrieved person" means any woman who is , or has been, in a domestic relationship with the respondent and who alleges to ..... it clear that the aggrieved must have lived in a domestic relationship with the respondent. the definition of "domestic relationship" is given in clause (f) of section 2 of the act. said definition reads as under :-"domestic relationship" means a relationship between two persons who live or have, at any point of time, lived together in ..... , is whether the property is a shared household, or not.(5) the definition of "shared household" is mentioned in clause (s) of section 2 of protection of women from domestic violence act, 2005. it reads as under:-" shared household " means a household where the person aggrieved lives or at any stage has lived in a .....
Tag this Judgment!Court : Uttaranchal
..... of which was given in the foregoing paragraphs of this judgment. the charge was framed by the trial court against the accused / appellant for the offence punishable under section 302 / 34 ipc and therefore, whereas, there was direct evidence of causing injury by blunt object against accused / appellant sher singh, evidence has it that bhim ..... doing which he has caused the death of another. proof of such causal connection between the act of accused and death leads to the second stage for consideration whether that act of accused amounts to culpable homicide as defined in section 299 ipc. if the answer to this question is prima facie found in the affirmative, the ..... stage for considering the operation of section 300 ipc is reached. this is the stage at which the court .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2012AIR(Uchal)60
..... be adjudicated by the tribunal when steps have been taken on such holding out by the secured creditor against its borrower by taking recourse to sub-section (4) of section 13 of the act. in other words, these disputes, whether the credit facility has or has not become a non-performing asset, can not be gone in in the ..... tehsildar jaspur has recommended the matter for declaration. ultimately by order dated 21-6-2008, the land in question was declared to be non-agricultural land under section 143 of the act. 11. it is the own case of the petitioner that in the year 2010, the petitioner no.1 approached the respondent bank for financial assistance. ..... assistant collector 1stclass concerned, it is evident that smt. ramesh devi wife of the petitioner vijay singh had moved an application on 23-4-2008 under section 143 of the act to declare the land in dispute as non-agricultural. the learned assistant collector directed the tehsildar jaspur to inquire and report. the applicant got herself examined .....
Tag this Judgment!Court : Uttaranchal
..... he also started beating victim. five police personnel were involved in the crime. if their case was not under any of the exceptions to section 300 ipc, their act was covered under punishable section 302 ipc. if four accused persons assaulted victim, one was present in the bridge who later assaulted victim, thereafter if some of the ..... community therefore, three accused puran chand pandey, jagdish singh tanwal and harish singh adhikari were also charged for the offence punishable under section 3(2)(5) of s.c. and s.t. (prevention of atrocities) act, 1989. learned trial court vide order dated 24.12.2008 acquitted puran chand pandey on both the charges levelled against him. ..... doing which he has caused the death of another. proof of such causal connection between the act of accused and death leads to the second stage for consideration whether that act of accused amounts to culpable homicide as defined in section 299 ipc. if the answer to this question is prima facie found in the affirmative, the .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2012CrLJ3406
..... a girl who is under 16 years was immaterial and penetration was sufficient to constitute the sexual intercourse necessary to the offence of rape. the offences punishable under sections 302, 376, 363 and 366 ipc are therefore, established against the accused-appellant beyond reasonable doubt. any prudent man will believe the facts thus brought on record ..... 302 and 201 ipc, to which he pleaded not guilty and claimed trial. as many as 14 prosecution witnesses were examined. statement of accused appellant bhuwan singh under section 313 cr.p.c. was taken in which he stated that complainant lodged a false report in connivance with one preetam singh. he had a scuffle with preetam ..... to exist or will consider their existence so probable as to act upon the supposition that they exist. the accused failed to discharge his obligation under section 114 of the evidence act. he could have taken a plea that the girl child jumped to his lap and after few moments .....
Tag this Judgment!Court : Uttaranchal
..... a girl who is under 16 years was immaterial and penetration was sufficient to constitute the sexual intercourse necessary to the offence of rape. the offences punishable under sections 302, 376, 363 and 366 ipc are therefore, established against the accused-appellant beyond reasonable doubt. any prudent man will believe the facts thus brought on record ..... 302 and 201 ipc, to which he pleaded not guilty and claimed trial. as many as 14 prosecution witnesses were examined. statement of accused appellant bhuwan singh under section 313 cr.p.c. was taken in which he stated that complainant lodged a false report in connivance with one preetam singh. he had a scuffle with preetam ..... to exist or will consider their existence so probable as to act upon the supposition that they exist. the accused failed to discharge his obligation under section 114 of the evidence act. he could have taken a plea that the girl child jumped to his lap and after few moments .....
Tag this Judgment!Court : Uttaranchal State Consumer Disputes Redressal Commission SCDRC Dehradun
c.c. pant, member: 1. this revision petition under section 17(1)(b) of the consumer protection act, 1986 has been preferred against the order dated 16.07.2012 passed by the district forum, dehradun in consumer complaint no. 19 of 2010, thereby dismissing the application moved by .....
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