Court : Uttaranchal
Reported in : AIR2007Utr52
P.C. Verma, J.1. The controversy involved in all these three writ petitions is similar and the validity of the provisions of Sections 5, 6 and 12 of the Uttaranchal Motor Vehicles Taxation Reforms Act, 2003 (hereinafter referred to as the Uttaranchal Act of 2003) is under challenge. Therefore, all these writ petitions are being decided by one and common judgment.2. In Writ Petition No. 923 of 2003, the petitioner has sought for issue a writ, order or direction in the nature of certiorari to declare Sections 5, 6 and 12 of the Uttaranchal Motor Vehicles Taxation Reforms Act, 2003 ultra-vires, unconstitutional and to struck down the same as well as mandamus of this Court directing the respondents not to realize or recover any additional tax as per aforesaid provisions of the Uttaranchal Motor Vehicles Taxation Reforms Act, 2003.2.1. In Writ Petition No. 943 of 2003, the petitioner seeks a writ, order or direction in the nature of certiorari to declare Section 6 of the Uttaranchal Motor V...
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J.S. Khehar, C.J.1. After the decision of the Union Cabinet dated 02.11.2000, whereby 'Direct-to-Home' (DTH) broadcasting was permitted in India, prohibition on the reception and distribution of television signals in Ku Band was withdrawn by the Department of Telecommunications, through a notification dated 09.01.2001. In order to give effect to the decision of the Cabinet, as also, the notification issued by the Department of Telecommunications, referred to above, guidelines dated 15.03.2001 were issued laying down the procedure for obtaining licences for providing 'Direct-to-Home' (DTH) broadcasting service in India on 15.03.2001. In the aforesaid guidelines, the conditions of eligibility were also prescribed.2. In so far as the procedural aspect of the matter is concerned, interested parties were to be required to submit an application to the Secretary, Ministry of Information and Broadcasting. If the applicant was found eligible (for setting up a 'Direct-to-Home' (DTH) platform in ...
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Tarun Agarwala, J.1. The present special appeal has been filed by the State of Uttarakhand against the judgment dated 30th September, 2008 passed by the learned Single Judge in Writ Petition No. 180 of 2008 (M/S) by which the learned Single Judge has quashed the proceedings initiated by the Assistant Collector under Section 166 & 167 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the UPZA & LR Act).2. The facts leading to the filing of the Special Appeal is that Dr. Vijay Singh Pal and Arun Singh, belonging to the Scheduled Tribes community, sold plot Nos. 15, 16 and 17 measuring 15 naali and 12 muthi (0.315 hectares) by means of a sale deed dated 24.04.1996 to the writ petitioner M/s Ski & Snow Resorts Pvt. Ltd., which is a company duly incorporated under the Companies Act and which is engaged in tourism and hospitality business. Subsequent to the sale deed, the land was declared non-agriculture under Section 143 of the UPZA & LR Act, u...
Tag this Judgment!Court : Uttaranchal
Reported in : IV(2005)ACC75; 2005(2)AWC1475(UHC)
Rajesh Tandon, J.1. The present appeal has been directed against the judgment and award dated 8.7.1997, passed by the Motor Accident Claims Tribunal, Pauri Garhwal.2. Briefly stated the facts giving rise to the present appeal are that appellants filed a claim petition before the Motor Accident Claims Tribunal Pauri Garhwal, for grant of compensation on account of death of Sri Tirath Singh in a motor vehicle accident on 25.11.1995 at 5.00 p.m. at village Teka near Kanshkhet, district Pauri Garhwal involving Bus No. UTS 1021. The claimants alleged that on the date of accident the deceased was going with a marriage party. When the ill-fated bus reached near village Teka, it had stopped to take some more baraties. The deceased Tirath Singh Rawat had climbed on the roof of the bus to load luggage of those baraties. Soon he was coming down from the roof of the bus, the driver without any signal started the bus due to which the deceased fell down and he sustained grievous injuries. Immediatel...
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2005Utr24
V.S. Sirpurkar, C.J.1. This writ petition was initially filed at Allahabad, where it was registered as Writ Petition No. 14258 of 1998. After the formation of State of Uttaranchal, the matter has come before this Court.2. Shortly stated, the petitioners seek a mandamus commanding the respondents i.e. Municipality, Nainital and the State of U.P. not to realise the license fee for passing and re-passing on the Municipal roads in the Municipal area of Nagar Palika Parishad, Nainital. They also seek quashing of the Notification dated 1-11-1997, whereby the amended rates of such fees are published.3. By this notification dated 1 -11 -1997, the light vehicles would carry Rs. 500/-, which was the old rate also, while for the taxi cars and the commercial vehicles, instead of Rs. 1,000/-, Rs. 1500/- would be charged. The fees in respect of Mini Bus, Mini Trucks, Metador, D.C.M. Toyota, Canter etc. was increased from Rs. 1,000/- to Rs. 3,000/-. The petitioners have made out this case as a public...
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
Reported in : (2004)187CTR(Uttranchal)180; [2004]265ITR84(Uttaranchal)
S.H. Kapadia, C.J.1. By this writ petition the petitioners, namely, National Federation of Insurance Field Workers of India have, challenged the Notification dated September 25, 2001 (see [2001] 251 ITR 81), issued by the Central Board of Direct Taxes (hereinafter referred to for the sake of brevity as the C. B. D. T.).Facts :2. The petitioners have challenged the Notification dated September 25, 2001 (see [2001] 251 ITR 81), issued by the Central Board of Direct Taxes. The petitioners have challenged the notification on four grounds. Firstly, on the ground that the impugned notification is issued in purported exercise of power conferred on the Central Board of Direct Taxes by Section 295 of the Income-tax Act, 1961, read with Section 17(2) and Section 192(2C) of the Income-tax Act ; that by virtue of the impugned notification, the Central Board of Direct Taxes has purported to supplement Section 17(2) of the Income-tax Act by incorporating amendments in the existing Income-tax Rules. ...
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B.S. Verma, J.(Stay Application No. 4458 of 2010)1. Heard Learned Counsel for the parties and perused the record.2. By means of this writ petition, the petitioners have sought the following relief:i) Issue a writ, order or direction in the nature of certiorari quashing the impugned notification dated 26-05-2010 issued by respondent No. 1 (Annexure-9).ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to declare the impugned notification dated 26-05-2010 ultra vires the powers of the State Govt. under Right to Information Act.iii) To issue any other writ, order or direction, which this Hon'ble Court may deem fit and proper in the circumstances of the case.iv) Award the cost of the writ petition in favour of the petitioner.3. By the impugned Notification dated 26-5-2010, the Registrar, Cooperative Societies Uttarakhand has been notified Public Authority unit for the Urban Cooperative Banks Ltd. by making amendment in the earlier notification dated 5t...
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J.S. Khehar, C.J.1. The applicant Coastal Projects Private Limited has filed the instant application under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator.2. The applicant and the respondent M/s National Thermal Power Corporation Limited entered into a contract dated 07.09.2005. The aforesaid contractual agreement has been appended with the instant application as Annexure -1. Article 5.1 of the contractual agreement postulates the appointment of the arbitrator in case of differences or disputes between the parties. Article 5.1 is being extracted hereunder:5.1 It is specifically agreed by and between the parties that all the differences and/or disputes arising out of the Contract or touching the subject matter of the Contract shall be decided by the process of Settlement of Disputes, Conciliation and Arbitration as specified in Clause 39.0.0 of Special Conditions of Contract (SCC) (including Amendments / Clarifications, if any) and the provision...
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Prafulla C. Pant, J.1. By means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioner has sought quashing of the criminal complaint case No. 226 of 2005 State v. Pawan Kumar and Ors. relating to offence punishable under Section 7/16 of Prevention of Food Adulteration Act, 1954, pending in the court of Civil Judge, Jr. Div./Judicial Magistrate, Haldwani. (This petition was restored to its original number today on the application of the petitioners and the case is finally being disposed of after hearing the arguments).2. Heard learned Counsel for the parties and perused the papers on record.3. Brief facts of the case are that petitioner-M/s Britannia Industries Ltd, is company engaged in manufacturing/marketing various products such as biscuits, under the umbrella trademark 'BRITANNIA', including the sub-brand 'TIGER'. The Food Inspector, took the sample of six packets of TIGER biscuits from M/s Pawan General Store, Haldwani on ...
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