Court : Uttaranchal
Decided on : Jun-08-2006
Reported in : AIR2007Utr24
..... aforesaid full bench decision, brought an ordinance on 23-10-1991 which was made effective from 1-11-1991 under which clause-e was added in sub-section (16) of section 2 of indian stamp act and thereby included the agreement which was to be executed under rule 29 of the minor minerals (concession) rules, 1963 within the meaning of word 'lease ..... deed having been executed on 23rd september, 1991 and therefore, the subsequent amendment w.e.f. 1st november, 1991 by adding clause (e) in sub-section (16) of section 2 of the indian stamp act, which also included the agreement, which has to be executed under rule 29 within the meaning of the word 'lease' shall not apply in the case ..... the full bench held that an instrument granting a right is not a lease deed within the meaning of section 2(16)(e) of the stamp act but is a mere licence chargeable under article 5(c) of schedule 1-b of the act. though it is termed as mining lease under minor minerals (concession) rules 1963.the lease was granted to .....
Tag this Judgment!Court : Uttaranchal
Decided on : Jun-26-2006
Reported in : [2006]148STC56(Uttra)
..... to the dealer, as to whether the purchase tax is liable to be levied on the said goods or not.5. to examine this aspect the definition of section 3-aaaa of the u.p. trade tax act is relevant, which is as under :3-aaaa. liability to tax on purchase of goods in certain circumstances.--(1) subject to the provision of ..... section 3, every dealer who purchases any goods liable to tax under this act--...provided...(i) and (ii) ...(iii) the purchasing dealer resells such goods within the: state or in the course of inter-state trade or commerce ..... process adopted by the dealer would amount to a manufacture as per the definition of ''manufacture' under section 2(e-l) of the u.p. sales tax act, 1948. repealing the contention, the honourable apex court held that the purpose of the sales tax act is to levy tax on sale of goods of each variety and not the sale of the .....
Tag this Judgment!Court : Uttaranchal
Decided on : Jun-26-2006
Reported in : II(2007)ACC109
..... vehicle but the said connection need not be direct and immediate. this construction of the expression 'arising out of the use of motor vehicle' in section 92a of the 1939 act enlarge the field of protection made available to the victims of an accident and is in consonance with the beneficial object underlying the enactment'.18. in ..... of the permanent disablement of any person is a fixed sum of seven thousand and five hundred rupees. sub-section (3) of section 92a of the act provides that in any claim for compensation under sub-section (1) of section 92a, the claimant shall not be required to plead and establish that the death or permanent disablement in respect ..... . the hon'ble apex court in case of gujarat state road transport corporation, ahmedabad v. ramanbhai prabhatbhai and anr. (supra), has laid down thus:section 92a of the act provides that where the death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles .....
Tag this Judgment!Court : Uttaranchal
Decided on : Aug-07-2006
Reported in : 2008ACJ124
..... of rs. 2,66,000 awarded by the tribunal cannot be termed as 'inadequate' so as to warrant enhancement in this appeal filed by the claimants under section 173 of the motor vehicles act.12. the submission of learned counsel for the appellants in regard to the conditional payment of interest also deserves an outright rejection as claims tribunal has decided the .....
Tag this Judgment!Court : Uttaranchal
Decided on : Aug-21-2006
Reported in : AIR2007Utr6
..... law can be overruled by the first appellate court?ii) whether, a court can decree a suit for specific performance without following the provisions of section 20 of specific relief act, 1963, and without giving any finding thereon?iii) whether, the specific performance of contract can be directed, even if the refund of money is ..... basis of judicial discretion of the triaj court provided it records valid reasons therefor.answer to substantial question of law nos. 2 and 3:9. section 20 of the specific relief act, 1963, reads as under:20. discretion as to decreeing specific performance-(1)the jurisdiction to decree specific performance is discretionary, and the court ..... courts below have considered all the points, raised before them. in the opinion of this court, only those questions relating to provisions contained in section 20 of the specific relief act, 1963, are required to be discussed by the courts below which were raised before them for granting or not granting the relief. after going .....
Tag this Judgment!Court : Uttaranchal
Decided on : Sep-22-2006
Reported in : AIR2007Utr36
..... stamp duty as computed on the basis of the minimum value determined in accordance with the said rules and return the instrument for presenting again in accordance with section 23 of the registration act, 1908.15. a perusal of rules 340, 341 and 349 of the stamp rules provide the guidelines while deciding the question with regard to deficiency of stamp duty ..... paragraphs 14 to 22 of the decision in the case of rai bahadur narayan sugar mills ltd. v. state of uttaranchal and ors. (supra) are quoted below:14. section 47a of the stamp act provides as under:47-a. under-valuation of instrument.- (1) (a) if the market value of any property, which is the subject of any instrument, on which duty ..... ,752/ only, on which the stamp duty of rs. 1,16,800/-was paid.7. the petitioner was served with a notice from a.d.m. finance under section 47a of stamp act stating therein that the sale deed in question is undervalued and stamp duty paid is less. the a.d.m. finance, vide impugned order dated 25-11 -2005, .....
Tag this Judgment!Court : Uttaranchal
Decided on : Sep-25-2006
Reported in : 2007CriLJ1362
..... parvatiya sanskritik utthan manch and the informant (respondent) ramesh chandra pandey admittedly was tenant in one shop but that does not mean that even if alleged act of the petitioner constitutes offence punishable under section 380 of the i.p.c, it cannot be said that origin of the dispute being of civil nature, the criminal proceedings cannot be maintained.7 ..... in law in taking cognizance on the impugned charge-sheet, the charge-sheets are also challenged on the ground that for an offence punishable under section 441, i.p.c, (as amended vide u.p act no. 31 of 1961) a 15 days notice was required to be served en the accused which was not done at such offence punishable under ..... been drawn only through its secretary.5. sri p.m.n. singh, learned counsel for the petitioner-balwant singh chuphal argued that an offence of 'criminal trespass', defined under section 441 of the i.p.c. (as amended by u.p. act no. 31 of 1961), requires prior notice of 15 days to withdraw from the possession. the said .....
Tag this Judgment!Court : Uttaranchal
Decided on : Sep-26-2006
Reported in : II(2007)ACC442
..... , 2004, passed by the motor accident claims tribunal, nainital for enhancement of the amount of award.2. the claimants appellants preferred a claim petition under section 166 of the motor vehicles act, for the grant of compensation on account of the death of sri raju @ sukhwinder @ lakhvinder in a motor vehicle accident. according to the claimants ..... the claimants along with pendente lite and future interest at the rate of 9% per annum.7. the claimants have filed the present appeal under section 173 of the motor vehicles act, for enhancement of the amount of compensation. counsel for the appellants mr. z.u. siddiqui has submitted that the income ofthe deceased has wrongly ..... annum on the basis of the notional income requires reconsideration. the notional income of rs. 15,000 per annum in the second schedule under section 163-a of the motor vehicles act was prescribed in the year 1994. the accident in the present case took place in the year 2000. if the depreciation in the purchase value .....
Tag this Judgment!Court : Uttaranchal
Decided on : Sep-26-2006
Reported in : 2007ACJ765
..... with the registry and the amount of rs. 25,000 (rupees twenty-five thousand) deposited by the appellant insurance company as mandatory deposit under section 173 of motor vehicles act while filing this appeal against the award, be remitted to the concerned motor accidents claims tribunal immediately. the claims tribunal shall disburse the balance ..... , advocate with mr. manish dalakoti, advocate, the learned counsel for appellant insurance company submitted that as appellant insurance company was granted permission under section 170 of motor vehicles act to contest the claim on all available defences, the quantum of compensation is being challenged in this appeal. learned counsel submitted that the tribunal has ..... certificate of the deceased; the selection of multiplier of '15' is in line with the multiplier prescribed in the second schedule under section 163-a of the motor vehicles act and award of interest at the rate of 9 per cent per annum was on the basis of the prevalent rate of interest .....
Tag this Judgment!Court : Uttaranchal
Decided on : Oct-09-2006
Reported in : 2007(1)AWC108
..... 1972, a release application is maintainable not on behalf of the owner but on behalf of the landlord. the word 'landlord' has been defined in clause (j) of section 3 of said act, which reads, as under:(j) 'landlord', in relation to a building, means a person to whom its rent is or if the building were let, would be, ..... can be examined by this court is the material error of law, if any, committed by the court in allowing the release application, moved by the landlady under section 21 of u.p. act no. 13 of 1972.7. on behalf of the petitioners, it is vehemently argued that during the pendency of appeal before respondent no. 2, a registered ..... purposes. the respondent no. 1 km. brijmohini anand, alongwith her sister ms. pushpa anand, moved an application under section 21 of u.p. urban buildings (regulation of letting, rent and eviction) act, 1972, (for brevity hereinafter referred as u.p. act no. 13 of 1972) in the year 1995, for release of the aforesaid premises. the other co-owners madan .....
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