Court : Uttaranchal
..... reorganisation act, 2000 against the impugned awards dated 19.9.2003, 13.2.2004, 31.7.2003, 17.1.1998, 17.10.2003, 17.10.2003, 17.10.2003, 19.9.2003, 19.9.2003, 21.7.2003, 31.12.2003, 9.6.2003, 29.3.2003, 17.10.2003, 9.6.2003, 13.2.2004, 19.4.2003, 4.9.2003, 24.12.2003, 17.11.2003, 27.8.2003, 24.12.2003, 13.2.2004 ..... of the ratio of apex court judgment (supra), although the said judgment (supra) has been rendered in case of daily wagers wherein the workman had worked for more than 240 days and provision of section 25-f of industrial dispute act was not complied, however, in the case at hand the demerger proceedings of both the units is pending, therefore, the court is of the opinion, instead of their reinstatement, the respondents/workmen are entitled ..... reorganisation act to manage these two units belonging to state of uttarakhand, therefore, in my view, the proceedings were rightly initiated against the petitioner for execution ..... reorganization act, 2000, vide its office memorandum dated 23.11.2004, appointed sidcul as a nodal agency to rehabilitate the kashipur and jaspur units and to do all the needful as was required to be done by ..... facts of the case, giving rise to this writ petition are, the government of uttaranchal (now uttarakhand) under section 48 of the u.p. ..... writ petitions have been filed by the state industrial development corporation of uttaranchal (sidcul), which has been appointed as a nodal agency by the government of uttarakhand under section 48 of the u.p. .....
Tag this Judgment!Court : Uttaranchal
..... singh guilty of charge of offence punishable under section 13(2) read with section 13(1)(d) of prevention of corruption act, 1988, and the conviction does not require ..... on the point of sentence, considering the facts and circumstances of the case, this court is of the view that the sentence of rigorous imprisonment for a period of one year under section 13(2) read with section 13(1)(d) of prevention of corruption act would meet the ends of justice. ..... reorganization act, 2000, for its disposal. ..... singh under section 7 and under section 13 (2) read with section 13(1)(d) of prevention of corruption act, 1988 (for short ..... sentence recorded by the trial court under section 7 of the act appears to be just and proper. 19 ..... aggrieved by said judgment and order dated 24.08.2000, passed by special judge, anti corruption, dehradun, in ..... on sentence, the convict was sentenced to rigorous imprisonment for a period of one year and directed to pay fine rs.2500 under section 7 rigorous imprisonment for a period of two years, and directed to pay fine of rs.7,500/ under section 13(2) read with 13(1)(d) of p.c. ..... been sentenced by the trial court to rigorous imprisonment for a period of one year and directed to pay fine of rs.2,500/ under section 7 and rigorous imprisonment for a period of two years and directed to pay fine of rs.7,500/ under section 13(2) read with section 13(1)(d) of p.c. ..... ), is directed against the judgment and order dated 24.08.2000, passed by special judge, anti corruption, dehradun, in .....
Tag this Judgment!Court : Uttaranchal
..... pertinent mention here that though the statement made by the deceased as to the cause of his or her death made to someone is admissible under section 32 of indian evidence act, 1872, but such witness to whom it was made should have deposed in the court that the statement was made before him. ..... judge, pauri garhwal, on 04.07.1997, after hearing the parties, framed charge of offence punishable under section 498a/34 ipc and under section 304b/34 ipc, against both the accused anand mani and purna nand. ..... reorganization act, 2000 for ..... hearing the learned amicus curiae for respondent/accused anand mani and learned counsel for the state/appellant, is of the view that punishment of rigorous imprisonment for a period of two years under section 498a ipc and rigorous imprisonment for a period of seven years under section 304b ipc against accused/respondent no. ..... by the trial court relating to him (anand mani) in respect of offences punishable under section 498a, 304b ipc, are liable to be quashed. ..... 1997, whereby said court has acquitted the accused/respondents anand mani and purna nand from the charge of offence punishable under section 498a/34 ipc, and under section 304b/34 ipc, and from the alternative charge of offence punishable under section 302/34 ipc. 2. ..... ), is directed against the judgment and order dated 10.02.2000, passed by learned sessions judge, pauri garhwal, in sessions ..... aggrieved by said judgment and order dated 10.02.2000, passed by learned sessions judge, pauri garhwal, in sessions .....
Tag this Judgment!Court : Uttaranchal
..... reorganization act, 2000, for its disposal ..... 1) this appeal, preferred under section 374 of code of criminal procedure, 1973, is directed against judgment and order dated 31.03.1999, passed by learned special judge/additional sessions judge, nainital, in sessions trial no ..... learned trial court on 31.03.1993, after hearing the parties, framed charge of offences punishable under section 363 and 376 of i.p.c. ..... 12) having re-appreciated the entire evidence on record, this court is in full agreement with the trial court that the prosecution has successfully proved the charge of offence punishable under section 376 of i.p.c. ..... hearing the parties, the trial court found that the prosecution has successfully proved the charge of offence punishable under section 376 of i.p.c. ..... (who medically examined the accused), and pw9 sub inspector gajendra singh (who investigated the crime).oral and documentary evidence was put to the accused under section 313 of cr.p.c. ..... on receipt of the charge sheet, additional chief judicial magistrate, after giving the necessary copies to the accused, as required under section 207 of cr.p.c. ..... on completion of investigation, the investigating officer, submitted charge sheet (ex a9) against the accused/appellant jaswant singh @ jassu for his trial in respect of offence punishable under section 376 of i.p.c. ..... of 1992, was registered, at police station kashipur, against the accused/appellant jaswant singh @ jassu, relating to offence punishable under section 376 of i.p.c. .....
Tag this Judgment!Court : Uttaranchal
..... also states that these employees of the corporation, who are working in the territory of uttarakhand, are liable to be given salaries from uttar pradesh and that sections 66 and 67 of uttar pradesh reorganisation act are not applicable on them. ..... said letter dated 03.11.2001 was written by secretary, uttar pradesh secretariat to executive director, uttar pradesh state employees welfare corporation wherein the state government had admitted that the uttar pradesh state employees welfare corporation cannot operate outside the territory of uttar pradesh and its operation outside the territory of uttar pradesh, which is presently in the state of uttarakhand, is ..... state had no immediate plan to create such a corporation in the state of uttarakhand or to grant trade tax exemption to the said corporation, as it was getting earlier, prior creation of the state of uttarakhand. ..... uttar pradesh state employees welfare corporation shall pay the salaries to the petitioners till november 2000. ..... 2/executire director, uttar pradesh state employees welfare corporation to give the salaries of the petitioners for the period upto november 2000, if they had already not been ..... of this, the salary of petitioner till november, 2000 will be paid by the government of u.p. 6. ..... kalyan nigam, working in uttaranchal till november 2000 will be paid salary by government of ..... prior to 09.09.2000, before creation of the state of uttarakhand, there were various branches and depots of this corporation operating in the .....
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..... stood transferred to this court under section 35 of the uttar pradesh reorganisation act, 2000. ..... the petitioners have challenged the order dated 16.12.1996 whereby the state government in exercise of power under rule 78 of the uttar pradesh minor minerals (concession) rules, 1963 (from hereinafter referred to as the rules), as presently applicable in the state of uttarakhand, has cancelled the mining ..... moreover, it has already been stated above section 21 of the general clauses act, 1897 grants the powers to state government to add, amend, vary, rescind, inter alia, passed order under ..... undoubtedly the settled interpretation of section 21 of general clauses act in case the order that is to be varied or amended is a quasi judicial order then while passing the said order the parties must be given an opportunity of hearing and ..... apart from this, section 21 of the general clauses act, 1897 even impugned order does ..... moved a report before the state government stating that these lease deeds could not have been executed as the land in question lies under the forest area and it is in violation of section 2 of the forest (conservation) act, 1980 (from hereinafter referred to as act). ..... the petitioner is that during the pendency of the present writ petition the petitioners moved an application before the state government though seeking approval of the central government under section 2 of the forest (conservation) act, 1980. ..... section 21 of the general clauses act, 1987 ..... section 2 of the act .....
Tag this Judgment!Court : Uttaranchal
..... in view of the mandate of the uttar pradesh reorganisation act, 2000, each of them carried with them the benefits of the services rendered by them while serving the state of uttar pradesh and, accordingly, became entitled to seniority from the date of their substantive appointments ..... admittedly, neither by the uttar pradesh reorganisation act, 2000 nor by any other law made by the state of uttarakhand, any of the conditions of service of any member, either belonging to the general cadre or hill sub-cadre, has been altered ..... the reason for insertion of rule 8(a) in the said rules is basically the uttar pradesh reorganisation act, 2000. ..... in other words, if the petitioners and the private respondents were sailing in the same boat while employees of the state of uttar pradesh, they would be sailing in the same boat when they would become employees of uttarakhand on being allocated to the state of uttarakhand. ..... in order to be allocated to the said hill sub-cadre, an employee in the services of the state of uttar pradesh, attached to the departments mentioned in the said hill sub-cadre rules, was required to opt and such option was final and ..... the inserted rule 8(a) provides three things, namely, (i) that the status of the government employee, as at 8 th november, 2000, shall remain unaltered and, even if anyone is holding a superior post, on the ground that his seniors are not holding such posts, he shall not be reverted; (ii) a senior shall not be entitled to notional promotion on the .....
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..... , reorganization act, 2000 (central act 2000) for its disposal ..... learned additional sessions judge, to whom the case was committed, and sent for trial on 03.05.1995, after hearing the parties framed charge of offence punishable under section 302 read with section 34, and section 394 read with section 34 against accrued/respondents hargyan, and khoob singh. ..... 79 of 1994, whereby said court has acquitted the respondents from the charge of offences punishable under section 302, 394 of indian penal code, 1860 (for short ipc). ..... a separate charges in respect of offence punishable under section 411 ipc were framed against accused/respondents hargyan, pappu, trilochan @ lochi, and khoob singh ..... accused/respondent hargyan was convicted under section 411 ipc but he was sentenced to imprisonment for a period already undergone during trial. 2 ..... accused hargyan and khoob singh demanded their arrears of dues from chandmal bhutda. ..... this appeal, preferred under section 378 (3) of code of criminal procedure, 1973 (for short cr.p.c)is directed against judgment and order dated 26.02.1998, passed by additional sessions judge (e.c ..... and documentary evidence was put to the accused under section 313 cr.p.c. ..... 10 manisha panwar, the then sub-divisional magistrate, dehradun, who recorded the confessional statement of the accused under section 164 cr.p.c.. ..... 68/94, under sections 302/394/411/201, ipc at police station dalanwala, dehradun, against the unknown ..... appeal is received by this court under section 35 of u.p. .....
Tag this Judgment!Court : Uttaranchal
..... public service tribunal act, 1976, read with section 19 of the contempt of courts act 1971, is directed against the order dated 21.07.1999 passed by state public service tribunal, indra bhawan, lucknow (for short pst) in contempt petition no. ..... reorganization act, 2000. ..... hence this appeal, which is received by this court after creation of state of uttarakhand under section 35 of u.p. ..... (1) heard learned counsel for the appellants(2) this appeal, preferred under section 5-a(c) of u.p. .....
Tag this Judgment!Court : Uttaranchal
..... the trial court after hearing the parties found that the prosecution has failed to prove the charge in respect of offences punishable under section 307, 324, 506 ipc, as against the accused gulfam (since deceased), abbas, and babu @ irfan ali and acquitted them from the ..... reorganization act, 2000 (central act, 29 of 2000) for its ..... the trial court, on 15.01.1992, after hearing the parties, framed charge of offences punishable under section 307, 324, and 506 ipc against all the four accused namely mushtaq, gulfam (since deceased), babu @ irfan ali and abbas who pleaded not guilty and claimed to be ..... of 1995, whereby said court has acquitted the respondents gulfam (since deceased), abbas ali, and babu @ irfan ali from the charge of offences punishable under section 307, 324, 506 indian penal code, 1860 (for short ipc).2. ..... against the three accused namely mushtaq, abbas ali, and babu in respect of offences punishable under section 307, 324, and 506 ipc. ..... 65 of 1991, relating to offence punishable under section 307 ipc against all the four accused mushtaq, gulfam (since deceased), babu and ..... this appeal, preferred under section 378 (3) of code of criminal procedure, 1973 (for short cr.p.c)is directed against judgment and order dated 06.12.1996, passed by additional sessions judge/special judge, ..... magistrate, on receipt of the charge sheets, appears to have committed the case to the court of sessions for trial after giving necessary copies to the accused as required under section 207 cr.p.c. .....
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