Court : Uttaranchal
J.S. Khehar, C.J.1. Jagmohan Singh filed Criminal Writ Petition No. 898 of 2009 under Article 226 of the Constitution of India, wherein he sought a writ in the nature of certiorari, for quashing a first information report dated 15.09.2009, lodged by Upendra Singh Maniyari, on the alleged commission of the offence of abetment to suicide, under Section 306 of the Indian Penal Code. The aforesaid first information report was registered as Crime Case No. 97 of 2009 at Police Station Basant Vihar in District Dehradun.2. In Criminal Writ Petition No. 898 of 2009 it was alleged by the aforesaid Jagmohan Singh alias Raj, that his marriage was settled with Sweta alias Ritu, sister of the aforesaid Upendra Singh Maniyari. The engagement ceremony between Jagmohan Singh and Sweta alias Ritu was held on 14.01.2009, whereafter, the parties agreed, that the marriage ceremony would be held on 28.09.2009. On 13/14.09.2009 Sweta alias Ritu consumed poison. She died on 14.09.2009. On 15.09.2009 Upendra S...
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2007Utr1
ORDERRajesh Tandon, J.1. Heard Sri Paresh Tripathi counsel for the petitioners, Sri M.C. Pant counsel for the respondent No. 1, Sri Jitendra Chaudhari counsel for Bar Council of U.P. Sri Arvind Vashist counsel for Bar Council of Uttaranchal.2. By the present writ petitions, the petitioners have prayed for a writ of certiorari quashing the judgment and order dated 28.6.2005 passed by the Election Tribunal Bar Council of Uttaranchal, Dehradun in Election Petition No. 1/2004 'Krishna Kumar Bangwal v. Dharmveer Singh and Ors.3. Briefly stated the election for the first Bar Council of Uttaranchal was held in the last week of April 2004 and there were total 73 candidates who filed nomination papers. The total vote cast in the said election were 4734 and the counting of the same was done from 3.5.2004 to 11.5.2004. After counting of the votes, the petitioners were declared to be elected as a member Bar Council and thereafter notification was published in the gazette. The respondent No. 1 file...
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2010Utr24
V.K. Gupta, C.J.1. Present writ petition has been filed by the petitioner for declaring Sub-clause (iii-a) of Clause (g) of Sub-section (1) of Section 95 of U.P. Panchayat Raj Act, 1947 adapted by Uttaranchal Adaptation and Modification Order, 2001 (hereinafter referred to as 'Panchayat Raj Act') ultra vires to Article 243(O) of the Constitution of India and also for quashing show cause notice dated 18-10-2008 issued by the District Magistrate, Dehradun.2. Brief facts of the case are that the petitioner is the daughter of Shri Satya Prakash Tanwar who belongs to cast 'Tanwar'. 'Tanwar' along with 'Singhariya' is shown in the category of Other Backward Class (for short O.B.C.) specified in the Uttarakhand State. 'Tanwar' and 'Singhariya' are two different Backward Classes and both are notified at SI. No. 69 and separated by a disjunctive. The parents of the petitioner were the residents of Delhi and she normally resided with them before her marriage. She was born and brought up in Delhi...
Tag this Judgment!Court : Uttaranchal
Reported in : [2004]134STC403(Uttra)
S.H. Kapadia, C.J.1. All the above matters involve common question of law and fact and, therefore, they are disposed of by this common judgment and order. However, for the sake of convenience we are mentioning hereinbelow the facts in Writ Petition No. 792 of 2003.By this writ petition M/s. Tata Elxsi Limited has challenged assessment order dated June 30, 2003 for assessment year 2000-2001 and show cause notice dated August 7, 2003 for assessment year 2001-2002.2. Facts :A lease agreement was executed on January 11, 1995 between M/s. Tata Elxsi Ltd., and Bharat. Heavy Electricals Ltd., for giving on lease nine computers of a particular specification as enumerated in the agreement. They were not in existence on January 11, 1995. The said nine computer machines were to be accompanied by accessories. The computers were to be manufactured later on. In pursuance of the said agreement dated January 11, 1995, M/s. Tata Elxsi Ltd., placed a purchase order on various manufacturers/suppliers of ...
Tag this Judgment!Court : Uttaranchal
Prafulla C. Pant, J.1. This revision, is directed against the judgment and order dated 28.02.2005, passed by Sessions Judge, Nainital, in criminal appeal No. 18 of 2004, and connected matters.2. Heard learned Counsel for the parties and perused the lower court record.3. Brief facts of the case are that certain forest produce (resin) was found being transported without valid papers, which were intercepted by the police. Accused Ramesh Chandra Pathak, Lalit Mohan Petshali, Kanti Swaroop Rawat, Sanjay Joshi, Gopal Sharma, Kamlapati Joshi and Ram Singh, were prosecuted in respect of offence punishable under Section 4/14 of U.P. Resin and Other Forest Produce (Trade Regulation) Act, 1976. The trial court convicted the said accused and sentenced each of them to two years simple imprisonment and also directed to each one of them to pay fine of Rs. 2,000/-. However, revisionist Kailash Chandra Petshali, and few others, claimed ownership of the property intercepted and moved an application befo...
Tag this Judgment!Court : Uttaranchal
Reported in : 2003(1)AWC845(UHC)
M. M. Ghildiyal, J.1. The present petition has been filed by the Management of Rashtriya Inter College, Bhalsavagaz, Haridwar (for the short 'College') challenging the order dated 17.9.2002, Annexure-8 to the petition passed by the District Inspector of Schools, Haridwar (for the short D.I.O.S.) treating the suspension order Inoperative. The reason given in the order is that more than sixty days have passed from the date of suspension of the Principal as such the suspension will not be in force and further that in spite of the letter of the D.I.O.S. dated 11.9.2002 seeking clarification from the Management of the school on certain points in respect of the suspension of the Head of the institution, the Management has not replied.2. The facts of the case are that the Committee of the Management passed a resolution on 29.6.2002 placing respondent No. 3 under suspension for serious charges against him. The resolution was forwarded vide letter dated 1.7.2002 to the D.I.O.S. under Section 16...
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(4)AWC3103(UHC)
Prafulla C. Pant, J.1. By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioners, some of members of the general body of Nehru Rastriya Inter College, Manglore, Haridwar, have sought writ in the nature of mandamus commanding the respondent Nos. 3 and 4 to call for and finalize the list of voters of the members of general body of the institution for getting the election conducted of the Management Committee. It is further prayed that writ in the nature of certiorari be issued to quash the election programme issued by respondent No. 7 for election of the Management Committee of the College. Finally, it is also prayed that mandamus commanding the respondent Nos. 3 and 4 i.e., Joint Director of Education, Garhwal Mandal, Pauri and District Education Officer, Haridwar respectively, to get the election of the Committee of Management held strictly in accordance with the provisions of the Scheme of Administration from amongst the valid members.2. Bri...
Tag this Judgment!Court : Uttaranchal
Reported in : 2003CriLJ4506
Irshad Hussain, J.1. The appellant was tried in the Court of Special/Sessions Judge, Pauri Garhwal for an offence punishable under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) on the allegation that he was found in possession of 80 grams of Charas without licence at about 7.00 p.m. on 14-11-1999 near Siddh Bali Mandir within the local limits of Police Station Kotdwar district Pauri Garhwal.2. In order to prove its case, prosecution relied upon the evidence of five witnesses, out of which Sub-Inspector Nain Singh Ramola (P.W. 1), the complainant of the case proved the factum of the search of the person of the appellant and the recovery of 80 grams of Charas. He also proved that the recovery and arrest was effected vide Memo. (Ext. Ka. 1). At the time of the arrest and recovery Constable Sompal Singh (P.W. 2) was also present and he corroborated the evidence of P.W. 1. They both have also Identified the seized contraband (...
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2004Utr23
ORDERRajesh Tandon, J.1. Sri Rajendra Dobhal for the revisionist and Sri N. C. Gupta, Standing Counsel for the respondent.2. This revision arises out of the order passed by the District Judge, Uttarkashi dated 22-4-1986 passed in Original Suit No. 9 of 1985, Bachan Lal v. State of U. P.3. The brief facts giving rise to this revision are that a suit was filed by Sri Bachan Lal Thalwan in the Court of District Judge. Uttarkashi praying for the following reliefs :(a) A decree for perpetual injunction restraining the defendant from interfering with the possession, occupation and enjoyment of two muthi land granted to him forming part of plot No, 2112 in village Barahat, District Uttarkashi by the Deputy Commissioner in charge, Uttarkashi.(b) Costs of the suit, and any other relief which the learned court may deem fit in the interest of justice or to which the plaintiff is found entitled.According to the plaint averment the plaintiff applied for two muthi of land out of plot No. 2112 of vil...
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1. By way of this petition, U/S 482 Cr.P.C. the petitioners have prayed for quashment of the charge sheet filed by S.H.O. P.S. Dalanwala, Dehradun against the petitioners and further prayed for setting aside the summoning order passed by C.J.M. Dehradun, in Criminal Case No. 591/2005, State v. Ganesh Joshi and 18 others, under Sections 147, 148, 149, 34, 326, 325, 353, 332, 336, 307 I.P.C. and Section 2/3 P.P.D. Act.2. Brief facts of the case are that a first information report was lodged against certain persons belonging to a particular political party on 13.12.2002 at 7.45 P.M. at P.S. Dalanwala, U/Ss 147, 148, 353, 332, 336, 326, 307 I.P.C. and Section 7 Criminal Law Amendment Act, as well as Section 2/3 of P.P.D. Act, stating therein that on 13.12.2002 at about 1 p.m. there was an ultimatum given by the B.J.P. Political Party to the government for "Gherao of the Vidhan Sabha" and on account of the same thousands of men and women assembled at Bannu School, Race Course, Dehradun and ...
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