Court : Uttaranchal
Decided on : Mar-31-2006
Reported in : I(2007)ACC262; 2007ACJ1412
..... the rate of 6 per cent per annum thereon as compensation to the claimants-appellants.2. brief facts of the case are that a claim petition under section 110-a of the motor vehicles act, 1939 was moved by claimants chandra devi, saraswati devi and lal singh, before the m.a.c.t./district judge, pithoragarh. as per the claim petition on ..... prafulla c. pant, j.1. this appeal preferred under section 110-d of the motor vehicles act, 1939, is directed against the judgment and award dated 29.7.1983, passed by m.a.c.t./district judge, pithoragarh in m.a.c. case no. 14 of 1981, .....
Tag this Judgment!Court : Uttaranchal
Decided on : Apr-05-2006
Reported in : [2006]284ITR22(Uttaranchal)
..... 31 of the rules being the price of the intoxicants which constitutes sale by the state government or by the excise commissioner, and is taxable under section 206c of the act and not the basic fee.22. therefore, the question framed above is answered against the revenue and in favour of the assessee.23. the appeals ..... income-tax appellate tribunal. the learned income-tax appellate tribunal after hearing the parties recorded a finding that the assessee is not an assessee in default under section 206c of the act and quashed the impugned order passed by the commissioner of income-tax (appeals) and allowed the appeals. it was also recorded by the learned income- ..... ) that the appellants/district excise officer was the 'seller' of the country liquor in the respective financial years and he was liable to collect tax under section 206c of the act from the buyers of the country liquor in his jurisdiction. the learned commissioner of income-tax (appeals) further held that the 'basic licence fee' is in .....
Tag this Judgment!Court : Uttaranchal
Decided on : Apr-12-2006
Reported in : III(2006)ACC919
..... awarded by the tribunal either on account of the income of the deceased or the claimants' dependency assessed by the tribunal or the multiplier selected.9. the appeal filed under section 173 of the motor vehicles act, therefore, fails and is, hereby, dismissed summarily.
Tag this Judgment!Court : Uttaranchal
Decided on : Apr-13-2006
Reported in : I(2007)DMC708
..... so as to bring it within the purview of the 'death occurring otherwise than in normal circumstances'. the expression 'soon before' is very relevant where section 113b of the evidence act and section 304b, ipc are pressed into service. prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in that ..... was for, or in connection with, any demand of dowry.(iv) such cruelty or harassment was soon before her death.11. a conjoint reading of section 113b of the evidence act and section 304b, ipc shows that there must be material to show that soon before her death the victim was subjected to cruelty or harassment. prosecution has ..... idea of proximity test. no definite period has been indicated expression 'soon before' is not defined. a reference to expression 'soon before' used in section 114, illustration (a) of the evidence act is relevant. it lays down that a court may presume that a man who is in the possession of goods 'soon after' the theft, is .....
Tag this Judgment!Court : Uttaranchal
Decided on : Apr-13-2006
Reported in : 2007ACJ1868
Rajeev Gupta, C.J.1. Mr. Pankaj Purohit, Advocate for the appellant.Mr. R.P. Nautiyal, Advocate for the respondent No. 1.None for respondent Nos. 2 to 5.2. Though the appeal is listed today for hearing on C.L.M.A. No. 4170 of 2006, with the consent of the learned Counsel for the parties, the appeal is finally heard.3. This is insurer's appeal against the award dated 9.5.2005 passed by the Motor Accidents Claims Tribunal/Additional District Judge, Fast Track Court-IV, Dehradun in M.A.C.T. Case No. 50 of 2004.4. Claimant Anil Maikhuri claimed compensation of Rs. 15,30,000 for the death of his brother Sushil Kumar Maikhuri in motor accident when on 18.12.2003 his motor cycle bearing registration No. UP 07-E 3205 was dashed by the offending vehicle Ambassador car bearing registration No. UA 07-C 7637 resulting in serious injuries to Sushil Kumar Maikhuri, who was taken to Doon Hospital, where the doctors declared him dead. The claimant pleaded that the deceased Sushil Kumar Maikhuri was a ...
Tag this Judgment!Court : Uttaranchal
Decided on : Apr-19-2006
Reported in : II(2006)ACC461; 2007ACJ950
prafulla c. pant, j.1. this appeal preferred under section 173 of motor vehicles act, 1988, by claimants, is directed against the judgment and award dated 8.9.2000 in motor accident claim case no. 41 of 1999, passed by the learned m.a.c. .....
Tag this Judgment!Court : Uttaranchal
Decided on : Apr-26-2006
Reported in : 2006CriLJ4334
..... the police started the investigation in this matter. the prosecution has further stated that another case was registered on 30th july, 1998 under sections 121/12a/112, i.p.c. and 4/5 explosives act and 18 foreigners act, 1948 in the railway station, delhi. while making the investigation of that case, the delhi police arrested the respondent-accused. the ..... the magistrate. the case was committed to the court of sessions and the learned sessions judge framed the charges under section 4/5 explosive substances act, under section 216/34, i.p.c. and 151/34 of railway protection of property act.5. the accused denied the charges and claimed the trial.6. thereafter, the matter was listed for the ..... in session trial no. 241/03 in case crime no. 150 of 1997 whereby he convicted and sentenced the accused under sections 216/34, i.p.c. and 4/5 explosive substances act and 151/34 of railways act to the period already undergone by him in jail.2. brief facts for the disposal of this appeal are that an .....
Tag this Judgment!Court : Uttaranchal
Decided on : May-02-2006
Reported in : 2006CriLJ4181
..... in a catena of decisions reported subsequently, has clearly observed that 'in view of the amended provision under section 2 of the dowry prohibition act, 1961 the additional demand of dowry would certainly fall under section 2 of the dowry prohibition act.' the death in the instant case has admittedly taken place in the house of the appellant within three ..... . 3 against the accused.5. on committal of the accused to the court of session, the sessions judge framed charges under sections 498-a i.p.c. 304-b i.p.c. and section 3/4 dowry prohibition act, against the accused. he pleaded not guilty and claimed his trial.6. the prosecution to prove its case examined eight witnesses ..... prosecution has successfully brought home the guilt of the appellant of an offence punishable under section 304-b., i.p.c. as well as under section 304-b, i.p.c. as well as under section 498-a, i.p.c. and section 3/4 dowry prohibition act. the conviction of the appellant is therefore upheld.40. the learned counsel for .....
Tag this Judgment!Court : Uttaranchal
Decided on : May-03-2006
Reported in : 2006CriLJ3806
..... judgment of the apex court in suganthi suresh kumar v. jagdeeshan reported in manu/sc/0037/2002 : 2002crilj1003 . the complaint was filed by the complainantunder section 138 negotiable instruments act. the amount covered by the said cheque was over four lacs. the accused did not pay any amount till the hearing of the trial. the learned ..... of the trial, the learned magistrate held that the prosecution had established the case against the accused beyond reasonable doubt and he convicted the accusedunder section 138 of the n.i. act and also awarded the sentence as indicated above.3. feeling aggrieved by the said order, the present revision petition had been preferred before this ..... of fine an imprisonment for two months.2. brief facts leading to this revision are that a complaint was filed before the learned judicial magistrateunder section 138 of the n. i. act alleging therein that the respondent no. 1 had given a cheque of rs. 30,000/- to the revisionist and the said cheque was dishonoured .....
Tag this Judgment!Court : Uttaranchal
Decided on : May-18-2006
Reported in : 2007ACJ1455
..... trailer can be used for carriage of goods or for other business activities. the tractor is certainly not even a goods carriage as has been defined in section 2(14) of the act. in view of the aforesaid circumstances we are of the definite opinion that the owner of the offending tractor has committed the breach of condition of ..... not being used for agricultural purposes. however, even if it be assumed that the trailer would answer the description of the 'goods carriage' as contained in section 2(14) of motor vehicles act, the case would be covered by the decision of this court in asha rani 2003 acj 1 (sc) and other decisions following the same...16. in ..... to be drawn by a motor vehicle'.(15) a tractor fitted with a trailer may or may not answer the definition of 'goods carriage' contained in section 2(14) of the motor vehicles act. the tractor was meant to be used for agricultural purposes. the trailer attached to the tractor, thus, necessarily is required to be used for agricultural purposes .....
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