Court : Uttaranchal
sudhanshu dhulia, j.1. the petitioner is a duly elected 'sarpanch' of forest panchayat badon in district nainital. the petitioner has challenged the order dated 12th september, 2006, which has been passed by the sub divisional magistrate, dhari (nainital), according to which forest panchayat badon was constituted on 24.7.2006 and consequently there was a report of the tehsildar, who had informed the s.d.m., dhari that six out of nine members of this committee, who are called 'panch', are not satisfied with the work of the 'sarpanch' and consequently, they have resigned. as such, the s.d.m. dhari was of the opinion that new elections of the management committee be constituted and vide the said letter dated 12th september, 2006, he has given his permission to hold new election of the committee of this forest panchayat badon. the petitioner has challenged the validity, legality and propriety of this order. vide an interim order dated 29.9.2006, the said order was stayed. the writ petition is now itself being disposed of finally.2. certain relevant provisions of the indian forest act, 1927 (from hereinafter referred to as the act) and the rules framed therein known as uttaranchal panchayati forest rules, 2005 (from hereinafter referred to as the rules) would be necessary. under chapter iii section 28 of the indian forest act, 1927, there is a provision for formation of a village forest and the committee of management of such village forest. section 28 of the act reads as follows .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2010)29VST265(NULL)
j.s. khehar, c.j.1. the revision petitioner, i.e. m/s telecommunication consultants india ltd. (hereinafter referred to as 'tcil'), is a government of india undertaking, which is controlled by the ministry of telecommunications. while the head office of the revision petitioner's business is located in new delhi, it has a branch office in dehradun, presently in the state of uttarakhand (earlier in the state of uttar pradesh). the revision petitioner is carrying on the business of providing and establishing telecommunication networks. tcil is registered under the state trade tax act and the central trade tax act with the trade tax office, dehradun.2. on 01.11.1988, the revision petitioner entered into an agreement with the oil and natural gas corporation (hereinafter referred to as the 'ongc') for installation of two epabx systems along with allied accessories and spare parts, on rent and guarantee basis. the equipment contemplated under the said agreement was not available with the tcil at the time of execution of the contract. accordingly, tcil placed a purchase order with m/s northern digital exchange ltd., new delhi (hereinafter referred to as the 'ndel) on 27.12.1989. in furtherance of the said purchase order, ndel supplied equipment, in furtherance of the aforesaid purchase order, from mohali (in the state of punjab) to dehradun (in the state of uttar pradesh/uttarakhand) on 08.01.1990. it is not a matter of dispute that the purchase order dated 27.12.1989 and the .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2010)27VST433(NULL)
prafulla c. pant, j. 1. by means of this writ petition, moved under article 226 of the constitution of india, the petitioner has sought writ in the nature of certiorari quashing the order dated 17.04.2007 and 16.03.2007 (copies annexure 10 and 11 to the writ petition), issued by deputy commissioner, commercial tax, rudrapur. a further mandamus has been sought directing the respondents not to levy or collect tax on civil construction works undertaken by the petitioner. a declaration has also been sought to the effect that civil works undertaken by the petitioner is not liable for payment of tax and that levy and collection of sales tax is in violation of article 265 of the constitution and provisions of the uttaranchal value added tax act, 2005.2. heard learned counsel for the parties and perused the affidavit, counter affidavit, rejoinder affidavit, supplementary affidavit and supplementary counter affidavit, filed by the parties.3. brief facts of the case, as narrated in the writ petition are that the petitioner is a partnership firm created under registered partnership deed dated 07.09.2006 between m/s assotech contracts (india) ltd. and m/s supertech construction pvt. ltd. (both incorporated under the companies act, 1956). the petitioner firm was constituted for the purposes of undertaking residential houses construction projects (copy of partnership deed is annexed as annexure 1 to the writ petition). the firm was registered under uttaranchal value added tax act, 2005 ( .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2005Utr18
prafulla c. pant, j.1. by means of this writ petition, moved under article 226/227 of the constitution of india, the petitioner has challenged the impugned orders dated 24-08-2001 (copy annexure-5 to the writ petition) and 6-1-2004 (copy annexure-12 to the writ petition) and sought direction to allow application 78-c2 moved in testamentary case no. 60 of 2001, pending before district court at dehradun. 2. brief facts of the case as narrated in the writ petition are that one swami omkaranand saraswati (for brevity hereinafter the swami) who was resident of austria, came to india and settled here as a disciple of swami shivanand. the swami died in austria on 4-1-2000. he executed, before his death; in november 1987, a power of attorney (copy annexure-1 to the writ petition) in favour of joseph meichtry and got it registered; the swami created a trust (respondent no. 2), known as omkaranand saraswati charitable trust. a testamentary case was filed by one mr. j.d. jain, advocate, dehradun on the basis of a will purported to have been executed by the swami in his favour. the said case was registered as testamentary case no. 28 of 2000 before the district judge, dehradun. thereafter, another testamentary case no. 60 of 2001 (copy annexure-2 to the writ petition) was filed by swami omkaranand saraswati charitable trust (respondent no. 2) requesting for the letters of administration on the basis of another will dated 20-12-1999 purported to have been executed by the swami in favour .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(1)AWC77(UHC); (2005)1UPLBEC9
prafulla c. pant, j.1. by means of this writ petition, moved under article 226 of the constitution of india, the petitioner has sought quashing of order dated 30.4.2001 passed by the director general, medical health and family welfare services, whereby the representation of the petitioner has been rejected regarding his claim as to seniority vis-a-vis respondent nos. 4 & 5.2. brief facts of the case, as narrated in the writ petition, are that the petitioner initially joined has services as a ward boy (class iv) in the medical and health department on 26.12.79 against a vacant post under orders of the chief medical officer, almora. the petitioner passed intermediate examination in the year 1980. apart from this petitioner had knowledge of typing work and consequently he was doing practically clerical work under order dated 5.7.1985 (copy annexure-1 of the writ petition) of the deputy chief medical officer, almora. on completion of 5 years of service in class iv category, the petitioner made representation for his promotion to the post of junior clerk in class iii which was duly recommended (copy annexures-3 & 4 to writ petition) by deputy chief medical officer, almora, the chief medical officer, almora also recommended the petitioner's case for promotion. however, respondent no. 4 shri jagdish chandra sati and respondent no. 5 shri dan singh bisht were promoted to class hi and petitioner was allegedly discriminated and left out. it is further alleged in writ petition that .....
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Reported in : (2005)2UPLBEC61
rajesh tandon, j.1. heard shri manoj tiwari learned counsel for the petitioner and standing counsel for the respondents.2. by the present writ petition the petitioners have prayed for the issue of a writ, order or direction in the nature of mandamus commanding the respondents to sanction the pay scale of rs. 7500-1200/- on the post of sub-deputy inspector of schools/assistant basic education officer and the corresponding higher pay scale to the post of deputy basic education officer on the term identical to as contained in government order dated 20.12.2001.3. brief facts giving rise to the present writ petition are that the petitioner no. 1 was initially appointed as assistant teacher in jagannath madhyamik vidvalaya, chaupata on 1.7.74 and then he was promoted as headmaster, junior high school w.e.f., 1.7.77 and ultimately he was promoted as sub-deputy inspector of schools under 10% quota w.e.f., 6.11.89 and presently he is working in ramnagar, district nainital.4. petitioner no. 2 was initially appointed as assistant teacher in government model school. bhimtal w.e.f., 22.10.1970, subsequently he was promoted as headmaster of government model school, bhimtal w.e.f., 30.5.82 and ultimately he was promoted as sub-deputy inspector of schools under 10% promotion quota w.e.f., 19.11.1987 and presently he is serving as assistant basic education officer in block syaldey.5. petitioner no. 3 was appointed by direct recruitment through commission on the post of sub-deputy inspector of .....
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sudhanshu dhulia, j.1. heard sri atul bahuguna, advocate for the petitioners as well as sri k.p. upadhyay, additional chief standing counsel for the state of uttarakhand/respondents.2. the petitioners before this court are the legal heirs of one sri surendra singh negi who as a junior engineer in the public works department, uttarakhand, had filed this writ petition in the year 2006 against the order of his compulsory /pre-mature retirement from service. during the pendency of the writ petition sri surendra singh negi (the petitioner) had passed away and consequently vide orders of this court his legal heirs have been substituted who are presently before this court as petitioner no. 1, 2 and 3 i.e. widow and the sons of the petitioner, respectively.3. for sake of convenience sri surendra singh negi, now deceased, shall be referred to as the petitioner. the case of the petitioner is that he was initially appointed on 17.3.1970 on the post of 'draftsman' in the public works department of the erstwhile state of uttar pradesh. consequently, on 1.7.1997 he was promoted to the post of junior engineer. while he was continuing as junior engineer in the public works department, due to his ill health he moved an application to the chief engineer, garhwal zone praying that since he has not been keeping well he is seeking voluntary retirement from service with effect from 31.12.2005. this letter though, was sent a few months prior to 31.12.2005. what is significant is that the petitioner .....
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b.s. verma, j. oral: this appeal preferred under section 374(2) of the code of criminal procedure, 1973 (hereinafter referred to as cr.p.c.), is directed against the judgment and order dated 20thdecember 2003, passed by learned sessions judge/special judge pithoragarh, in sessions trial no. 51 of 1999 state vs. mitthu lal, whereby the accused-appellant mitthu lal has been convicted under section 376/511 of the indian penal code (hereinafter referred to as i.p.c.) and has been sentenced to undergo five years rigorous imprisonment and a fine of rs.2,000/- for the offence under section 376/511 of the i.p.c. in default of payment of fine, the accused-appellant has been ordered to further undergo six months r.i. heard learned amicus curiae for the appellants and learned assistant g.a. for the state and have perused the record. the prosecution story as unfolded from the record is that on 28-9-1988, complainant mundelal (pw 1) lodged a written report (ext. ka-1) with the police station dharchula alleging therein that on 28-9-1988 in the evening at about 6-45 p.m., his daughter came out weeping from the room of accused mitthu lal and when she was taken to the room of the complainant, he found that her underwear was wet with some liquid element and he suspected that rape had been committed with his daughter. on the basis of this written report a check f.i.r. (ext.ka-2) was prepared by the inspector in-charge of p.s.dharchula and the case was registered against the accused mitthu lal .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2006]284ITR22(Uttaranchal)
p.c. verma, j.1. appeals nos. 35/2001, 37/2001 and 39/2001 have been filed by the appellants against the common order dated may 3, 2000, passed by the income-tax appellate tribunal, delhi bench 'd' new delhi (in short 'the itat'), in i.t.a. nos. 376, 377 and 378/d of 1997, respectively (assessment years 1992-93, 1993-94 and 1994-95), whereby the learned income-tax appellate tribunal has dismissed the cross-objections of the revenue on the agreement of the parties that the issue involved in the present cross-objections stands covered in favour of the assessee by the decision of the tribunal in i.t.a. nos. 162 to 165 (delhi) of 1998 dated march 29, 2000.2. appeals nos. 55/2003, 56/2003, 57/2003 and 58/2003 have been filed by the appellants against the common order dated august 1, 2001, passed by learned income-tax appellate tribunal, delhi bench 'd', new delhi in i.t.a. nos. 378, 377, 376 and 379/delhi of 1997, respectively, for the financial years 1991-92, 1992-93, 1993-94 and 1994-95, whereby the learned income-tax appellate tribunal has quashed the orders of the commissioner of income-tax (appeals) (in short 'the cit(a)'), and allowed the appeals filed by the district excise officer, dehradun, and recorded his finding that the assessee is not an assessee in default under section 206c of the income-tax act, 1961 (hereinafter referred to as 'the act').3. appeals nos. 36 and 2001 and 38 of 2001 have been filed by the appellants against the common order passed by the learned .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2004)2UPLBEC84
rajesh tandon, j.1. the present writ petition has been filed for the issue of a writ order of direction in the nature of mandamus directing the respondents to transfer the petitioner from almiyagaon dwarahat to any one of the primary schools near almora city at chetai, dhora, sarsoun or falsima.2. brief facts giving rise to the present writ petition are that initially the petitioner was appointed as assistant teacher in the year of 1995 and was posted at primary school, alimiyagaon, dwarahat, district almora. she is regularly teaching in that school and has completed more than 8 years in the present place of posting. it was stated by the petitioner that the husband of the petitioner is working at nainital and her father-in-law and mother-in-law are very old and are dependent upon the petitioner. the petitioner cannot look after them from dwarahat. the petitioner has three children. her one daughter namely km. akansa is studying in class v and another daughter km. pallavi is studying in class ii.3. the counsel for the petitioner has stated that the in-laws of the petitioner are very old and require medical care regularly.4. there is no medical facility available in alimiyagaon, dwarahat. the father, m-law of the petitioner has made a representation on 19.8.2000 to the director of education, lucknow and requested that the petitioner may be transferred to any primary school near almora city. the additional director of education, uttaranchal on 24.8.2000 has directed the b.s.a., .....
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