Court : Uttaranchal
Reported in : 2004CriLJ4503
..... , that original accused no. 1-surendra singh committed the murder. sessions judge, therefore, convicted the original accused no. 2-naresho only with the offence under section 120b for conspiring for murder and sentenced her with rigorous imprisonment for life and fine of rs. 2,000/-, while he awarded death sentence to original accused no ..... regarding the illicit relationship between the two accused persons, but the prosecution had been able to establish such illicit relationship providing a strong motive for the heinous act of murder committed by the original accused no. 1-surendra singh. he, further, pointed out that the presence of human blood was well established on the ..... on account of murderous blows. 12. the question, however, is whether the accused persons or anyone of them can be said to be responsible for this murderous act. for this reason, insofar as the original accused no. 1-surendra singh is concerned, the prosecution relies mainly on the following factors : i. his illicit .....
Tag this Judgment!Court : Uttaranchal
Reported in : III(2005)ACC107; 2006ACJ2375
..... 1 (sc). in the case of nicolletta rohtagi (supra), it has been held by the hon'ble apex court that 'even if no appeal is preferred under section 173 of motor vehicles act, 1988 by an insured against the award of a tribunal, it is not permissible for an insurer to file an appeal questioning the quantum of compensation as well ..... as findings as regards negligence or contributory negligence of the offending vehicle'.in the subsequent case-law, the provisions of sections 147 and 149 (2) of the motor vehicles act, 1988 were also elaborately discussed. we have carefully perused the aforesaid case-laws and the pronouncement of the apex court in both the cases referred ..... in unequivocal term states that the licence remains valid for a period of thirty days from the day of its expiry. (40) section 15 of the act does not empower the authorities to reject an application for renewal only on the ground that there is a break in validity or tenure of the driving licence .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005CriLJ1488
..... same. thereafter the magistrate appended his certificate at the food of the statement in the form prescribed under sub-section (4) of section 164 of the 'code'. in other words in all respects the requirements of the law were observed in letter and spirit and therefore the confessional statement ..... effect the magistrate has put in his signatures and in the beginning the name of the appellant darshan lal was mentioned indicating that the requirement of sub-section (2) of section 164 of the 'code' was satisfied. after recording of the statement it was also read over to the appellant who after verifying its correctness signed the ..... voluntary. if the facts and circumstances surrounding the making of a confession appear to cast a doubt in the voluntariness of the same the court may refuse to act upon it. the question whether a confession is voluntary or not is always a question of fact. a free and voluntary confession deserves highest credit even if .....
Tag this Judgment!Court : Uttaranchal
Reported in : III(2005)ACC855; 2006ACJ2663
..... application seeking permission is erroneously rejected the insurer can challenge only that part of the order while filing an appeal on the grounds specified in sub-section (2) of section 149 of 1988 act. but such application for permission has to be bona fide and filed at the stage when the insured is required to lead his evidence. so ..... was carrying the passengers. therefore, this ground is not available to the appellant under sub-clause (c) of sub-clause (i) of clause (a) of sub-section (2) of section 149 of the act.13. learned counsel for the appellant submitted that the facts of the case of b.v. nagaraju v. oriental insurance co. ltd. manu/sc/0509/1996 : ..... the purpose for which the permit was granted. thus, the ground under sub-clause (c) of sub-clause (i) of clause (a) of sub-section (2) of section 149 of the act is available to challenge the liability fastened upon the appellant beyond the passengers insured under the permit.8. we think it appropriate to quote the definition of .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005CriLJ816
..... the wife in a spur of moment we see force in the argument of the learned amicus curiae that the appellant is entitled to the benefit of exception 4 of section 300 of the indian penal code. therefore, the offence committed by the appellant was culpable homicide not amounting to murder. however there can be no doubt that the appellant intended ..... rightly held that the appellant-jagdish is the assailant of his wife smt. shanti deceased.17. it was lastly argued that the evidence of the case does not fall under section 300, i.p.c. because the facts of the case and the evidence of the prosecution itself indicate that the assault was not pre-meditated. it was also argued that ..... report (ext. ka. 1) from ram bahadur and lodged it at reporting police outpost, majhola of p. s. khatima the same day at 1.10 p.m. a case under section 302, i. p. c. was accordingly registered. investigation of the case was taken up by s. i. harish chandra singh (p. w. 6) who reached the village of the occurrence .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(1)ARC71
..... or on behalf of the state government and includes any premises belonging to or taken on lease by or on behalf of-(v) any company as defined in section 3 of the companies act, 1956 in which not less than fifty-one percent of the paid up share capital held by the state government; or(vi) any local authority;(vii) ..... came to be vested in the state and the state thereby also acquired right, title or interest over the land held as talab 'or jheel'. section 117, u.p. zamindari abolition and land reforms act, makes it clear that the superintendence, management and control of such land is vested in the gaon sabha. the state government is empowered also ..... the same with the permission of sub-divisional magistrate ranikhet. the prescribed authority vide order dated 30.6.1987 passed the order under section 5 of the u.p. public premises (eviction of un-authorised occupants) act 1972 and has also imposed rs. 400.00 for damages. aggrieved by the aforesaid order the petitioner went in appeal, which was .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005CriLJ2473
..... . the judgment and order dated 23-7-2002 passed by the special judge, bageshwar are set aside. the appellant is acquitted of the charges under section 376, 452, 354 and section 3(2)(5) s.c./s.t. act levelled against him. he shall be released forthwith, if not wanted, in any other case.23. let the record be sent back to the ..... niab tehsildar for remaining investigation. the investigation was taken up as usual which culminated into the submission of the charge-sheet.4. charges under sections 376, 354, 452, ipc and under section 3(2)(5), s.c./s.t. act were framed against the appellant. the appellant denied the charges and claimed the trial.5. in order to prove its case, the prosecution ..... , ipc; to undergo ri for 3 years and fine of rs. 2,000/- under section 452, ipc and to undergo ri for 10 years and fine of rs. 5000/- under section 3(2)(5) of s.c./s.t. act. in default, the applicant to undergo simple imprisonment for 3 months, 2 months and 3 months respectively. however, it was directed that .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2004(4)AWC3499
..... 1460 (vol. 3, cn 323) in which it has been held that casual workman or labourer is covered under the definition of 'workman' in view of section 2(s) of industrial disputes act. my attention was also drawn on behalf of respondent no. 1 to the principle of law laid down in u. p. drugs & pharmaceuticals company ltd. v ..... and referred to clause v of para 1 of termination of employment, which reads as under :'5. unless he has qualified for getting notice under section 6n of the u. p. industrial disputes act, 1947, the employment of probationer, substitute, temporary or apprentice workman may be terminated by the manager without any notice or any payment in lieu ..... recording the evidence that the respondent no. 1, as workman, has completed 240 days in a year and before termination of his services provisions of section 6n of the u. p. industrial disputes act,- 1947 were not complied with.7. sri t. a. khan, learned counsel for the petitioner-company drew my attention to the standing orders relating .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(1)ARC481
..... district judge, gorakhpur and ors., 1988 (2) arc 430, while interpreting the expression 'for occupation by himself' used in clause (a) of sub-section (1) of section 21 of the up. act no. 13 of 1972, r.k. gulati, j. has observed as under:'it has consistently been held that the said phrase cannot be constructed very narrowly ..... building in his tenancy is genuinely required by the landlord for satisfying his bonafide need, the question of relative hardships envisaged under the 4th proviso to section 21 of the act deserves to be considered liberally in favour of the landlord specially when the bona fide need for the grant of release sought for is established. while ..... sight of that a proviso cannot be permitted to defeat the basic intent expressed in the substantive provision which, as is apparent from the perusal of section 21 of the act is to enquire the availability of the demised premises to the landlord on his successfully establishing the bona fide requirement of the same for the purpose .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006ACJ2175
..... his cause. there is no presumption that delay in approaching the court is always deliberate. this court has held that the words 'sufficient cause' under section 5 of limitation act should receive a liberal construction so as to advance substantial justice vide shakuntala devi jain v. kuntal kumari and state of west bengal v. administrator, ..... the disablement to his employer: provided further that if a workman who, having been employed in an employment for a continuous period, specified under sub-section (2) of section 3 in respect of that employment, ceases to be so employed and develops symptoms of an occupational disease peculiar to that employment within two years ..... . feeling aggrieved the present appeal has been filed by the petitioner.6. section 10 of workmen's compensation act, 1923 provides limitation and power of the commissioner to entertain a claim after expiry of the period of limitation. section 10 of the act reads as under:(1) no claim for compensation shall be entertained by a .....
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