Court : Uttaranchal
Decided on : Oct-11-2006
Reported in : 2007ACJ1823
..... the award dated 23.2.2006, passed by the motor accidents claims tribunal, dehradun.2. the claimants virendra singh negi and sushila devi preferred a claim petition under section 166 of motor vehicles act, for the grant of compensation on account of the death of their son pradeep singh negi in a motor vehicle accident. according to the claimants on the fateful .....
Tag this Judgment!Court : Uttaranchal
Decided on : Oct-31-2006
Reported in : 2008ACJ399
Rajeev Gupta, C.J.v This is claimants' appeal for enhancement of the compensation awarded by Motor Accidents Claims Tribunal/Additional District Judge, Udham Singh Nagar vide award dated 3.1.2005 passed in M.A.C.P. No. 135 of 2003.2. The claimants, who are unfortunate husband and minor son of the deceased Ritu Rawal, claimed compensation of Rs. 44,67,000 for her death in the motor accident on 16.1.2003, when the cycle-rickshaw, in which she was going to her school, was dashed by offending vehicle, bus bearing registration No. UP 06-0476, resulting in serious injuries to Ritu Rawal, who succumbed to those injuries during the course of her treatment in the hospital the same day. The claimants pleaded that deceased Ritu Rawal used to earn Rs. 13,000 per month as salary from the school and tuition.3. The owner, driver and insurer of the offending vehicle bus contested the claim and denied their liability to pay compensation to the claimants. The owner and the driver took the plea that rick...
Tag this Judgment!Court : Uttaranchal
Decided on : Nov-01-2006
Reported in : 2007ACJ2383
..... deceased assessed by the tribunal at rs. 15,000 per annum requires reconsideration, as the notional income of rs. 15,000 in the second schedule under section 163-a of the motor vehicles act was prescribed in the year 1994 and the accident, in the present case, took place in the year 2003. if depreciation in the purchase value of ..... by them, the tribunal was left with no other option but to assess her income on the basis of notional income prescribed in the second schedule under section 163-a of the motor vehicles act.9. the findings recorded by the tribunal that claimants' daughter ranjeet kaur died on account of the injuries sustained by her in the motor accident on ..... income of the deceased and assessed her income at rs. 15,000 per annum on the basis of the notional income prescribed in the second schedule under section 163-a of the motor vehicles act. by deducting 1/3rd of rs. 15,000 as the personal expenses of the deceased, claimants' dependency was assessed at rs. 10,000 per annum. .....
Tag this Judgment!Court : Uttaranchal
Decided on : Nov-01-2006
Reported in : 2008ACJ832
..... satisfied is just and proper compensation in the facts and circumstances of the present case.21. for the foregoing reasons, appeal filed by the claimants under section 173 of the motor vehicles act is allowed in part. compensation of rs. 1,20,000 awarded by the tribunal is enhanced to rs. 2,02,000 (rupees two lakh and ..... basis of the notional income. 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 1994.13. section 163-a of motor vehicles act reads as follows:163-a. special provisions as to payment of compensation on structured formula basis.-(1) notwithstanding anything ..... contained in this act or in any other law for the time being in force or instrument having the force of .....
Tag this Judgment!Court : Uttaranchal
Decided on : Nov-06-2006
Reported in : AIR2007Utr41
..... minerals and the petitioner also used compressor machines for digging the aforesaid operation. he further submitted that limestone and boulders are all comes within the definition of section 3 of the act. in support of his case, he placed reliance in the judgment given by hon'ble apex court in the case of bhagwan das v. state of ..... is denied by the respondents. it has been stated that the limestones and boulders etc. are all come within the definition of minor mineral as envisaged under section 3-e of the act and under the definition as envisaged in rule 2(7) of the rules, 1963. it has also been stated that the land wherein the petitioner constructed ..... demanding a sum of rs. 7,14,835/- on account of royalty and penalty being illegal, void and inoperative as the provisions of mines & minerals (regulation & development) act, 1957 and u.p. minor mineral (concession) rules, 1963 are not applicable to the petitioner since the petitioner is not carrying out any mining operations.2. brief facts of .....
Tag this Judgment!Court : Uttaranchal
Decided on : Nov-16-2006
Reported in : 2007(1)AWC980(UHC)
Prafulla C. Pant, J.1. By means of this petition, moved under Article 226 of the Constitution of India, the petitioner has sought writ in the nature of certiorari quashing the advertisement dated 1.12.2003 (Annexure-8 to the writ petition) issued by respondent No. 3, for appointment of Shiksha Mitra in Primary School village Nilarhi in district Chamoli.2. Heard earned Counsel for the parties and perused the record.3. Brief facts of the case, as narrated in the writ petition, are that the State Government had taken a policy decision to appoint educated local unemployed youths in primary schools as Shiksha Mitra, and for that purpose issued a Government order dated 472/Maa. Sa. V1./9-1-89/2000 dated 27.1.2001. The respondent No. 2 Basic Shiksha Adhikari vide his letter dated 3.7.2003, informed the Pradhan/Adhyaksha, Gram Shiksha Samiti, Gram Panchayat Nilarhi, respondent No. 3, to make recommendation for the appointment of petitioner as Shiksha Mitra in the primlary school Nilarhi. Pursu...
Tag this Judgment!Court : Uttaranchal
Decided on : Nov-18-2006
Reported in : 2007(1)AWC986(UHC)
Prafulla C. Pant, J.1. By means of this petition, moved under Article 226 of the Constitution of India, the petitioner has sought writ in the nature of certiorari quashing the impugned order dated 31.8.1999 (Annexure-3 to the writ petition), whereby the services of the petitioner are terminated. A mandamus has also been sought commanding the respondents to permit the petitioner to work on the post of junior clerk, held by him. Further mandamus has been sought commanding the respondents to regularly pay salary for the post held by the petitioner.2. Heard earned Counsel for the parties and perused the record.3. Brief facts of the case, as narrated in the writ petition, are that in the year 1998, posts of junior clerks were created in various Government institutions in district Nainital. An advertisement is made for recruitment to the post of junior clerks. Pursuant to the advertisement, the petitioner made an application, for his appointment on the post of junior clerk. He was appointed ...
Tag this Judgment!Court : Uttaranchal
Decided on : Nov-21-2006
Reported in : 2007(2)AWC1334
..... by the competent criminal court, though, has been acquitted by the appellate court, his case is covered under the aforesaid provision, as such, section 10 of the banking regulation act, 1949, bars the banking company, now, to employ the petitioner.8. learned counsel for the petitioner argued that it is only the finally ..... , it is pertinent to mention here, the relevant provision of law applicable to the case. section 10(1)(b)(i) of the banking regulation act, 1949, reads as under:10. prohibition of employment of managing agents and restrictions on certain forms of employment.(1) no banking company : ..... of bank of baroda. regarding the proceedings before the labour court, it is stated in the rejoinder-affidavit, that only proceedings under section 33(c)(ii) of the industrial disputes act, 1947, were initiated for payment of the wages and the dismissal order was not challenged, before said authority.7. before further discussions .....
Tag this Judgment!Court : Uttaranchal
Decided on : Nov-29-2006
Reported in : AIR2007Utr78; I(2008)BC345; [2007]139CompCas355(Uttaranchal); [2008]88SCL267(NULL)
..... for taking up of the winding proceedings. in the counter affidavit, filed on behalf of the official liquidator, it is further stated that under section 10(1)(a) of companies act, 1956, the jurisdiction vests with the allahabad high court relating to the properties of the company under winding process as its registered office is ..... the year 1999, company petition no. 77 of 1999, was filed by dena bank and another for winding up of the company under sections 433, 434 and 439 of the company act, 1956, before high court judicature at allahabad, wherein judgment and order-dated 15-10-2003 (annexure-12 to the writ petition) was ..... pertinent to mention here the provisions applicable to the present case. section 34 of recovery of debts due to banks and financial institutions act, 1993, reads as under:section 34 act to have overriding effect(1) save as provided under sub-section (2), the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other .....
Tag this Judgment!Court : Uttaranchal
Decided on : Nov-29-2006
Reported in : AIR2007Utr46
..... fact was brought to the notice of the court by way of filing objection by the appellant against the application of the respondents filed under section 9 of arbitration and conciliation act, 1996.21. learned district judge, without hearing the affected party, has granted the interim injunction restraining the corporation from creating any third party ..... appellant.11. learned counsel for the appellant has further pleaded that learned district judge while allowing partly the petition of the respondents under section 9 of the arbitration and conciliation act, 1996 has exceeded in its jurisdiction in passing the impugned judgment by overlooking the objections of the appellant especially when the contract ..... in o.s. nos. 17 to 22 of 2006.3. the learned district judge has disposed of all the aforesaid seven applications under section 9 of the arbitration and conciliation act, 1996 by a common judgment, thus, all appeals are also being disposed of by common judgment.4. brief facts of the case are .....
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