Court : Uttaranchal
Reported in : 2004CriLJ562
irshad hussain, j. 1. this appeal has been directed against the judgment and order dated 06-05-2002 passed by sessions judge, dehradun in sessions trial no. 273 of 2000 convicting the appellant under sections 302, 324 i. p. c. and sentencing him to undergo imprisonment for life and to pay fine pf rs. 5,000/- under the first count and to undergo r. i. for one year under the second count for having committed the murder of piyush karanwal and for causing hurt to his wife smt. kiran karnwal at about 11.00 p.m. on 04-10-2000 in their house in the town of dehradun.2. briefly stated the case of the prosecution was that piyush karnwal, deceased was running a guest-house in the first floor of his house no. 36 dhamawala within police circle kotwali, district deharadun. appellant sunil gupta was employed as household servant and he was also assigned the duties to upkeep the guest-house. appellant raised demand of some money few days before the occurrence but the payment was deferred by the deceased on the pretext that his salary account will be finalized in the coming month of november and he will be permitted to go to his home town. according to prosecution the appellant got displeased by refusal to pay the money and out of this enmity committed the murder of his master piyush karanwal.3. the actual occurrence took place at about 11.00 p.m. on 04-10-2000 when piyush karanwal was sleeping in the room adjacent to the office of the guest-house. deceased's wife smt. kiran karanwal (p. w. .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2004)1UPLBEC1
rajesh tandon, j.1. by the present writ petition, the petitioner has prayed for the issue of a writ, order or direction in the nature of mandamus commanding the respondents to grant pension to the petitioner.2. brief facts rise to the present writ petition are that the petitioner was appointed in u.p. government, roadways, which was later on converted in to u.p. state road transport corporation from 1st june, 1972. originally, the petitioner was appointed as a cleaner/conductor in the erstwhile u.p. government roadways vide order dated 11th april, 1958. subsequently, on 31.12.58 the petitioner was promoted on the post of conductor in the pay scale of rs. 60-4-80-eb-4-100. the petitioner thereafter was confirmed on 1st april, 1972 on the post of conductor.3. the petitioner has stated that the employees who were earlier employees of the u.p. government roadways were being treated as a government servant after the creation of the u.p. state road transport corporation from 1st june, 1972 and the petitioner was sent for deputation in the u.p. state road transport corporation in pursuance of the g.o. dated 7th june, 1972 and 5th july, 1972.4. the grievance of the petitioner is that although the employees of the u.p. government roadways were sent for deputation after 1st june, 1972 after the creation of u.p. state road transport corporation, but the pensionary benefits have not been allowed inspite of the fact that the petitioner was confirmed while he was in service in the u.p. .....
Tag this Judgment!Court : Uttaranchal
Reported in : IV(2005)ACC467; 2005(2)AWC1484(UHC)
rajesh tandon, j.1. present appeal has been filed against the judgment and award dated 17.9.2004 passed by the motor accident claims tribunal, udham singh nagar.2. briefly slated the facts giving rise to the present appeal are that the claimant-appellants filed a claim petition for the grant of compensation on account of death of their son in a motor vehicle accident. the claimants alleged that deceased sarbjeet singh on 26.5.2003 at 5.45 p.m. was going to chakluwa from sugar factory, bajpur by motor cycle. as soon as he reached near police station, kaladhungi, a bus no. up 24/6464 which was being driven rashly and negligently by its driver, hit the motorcycle due to which motorcycle collided with a tata sumo. sarbjeet singh sustained fatal injuries in the accident. he was rushed to the hospital but he succumbed to the injuries during his treatment. the claimants further stated that the deceased was getting salary of rs. 3,000 per month. the petitioners claimed a compensation of rs. 5,57,000.3. the claim petition was contested by the respondents. respondent no. 1 santosh kumar in his written statement contended that the accident did not take place due to rash and negligent driving by the bus driver. the petition was bad for nonjoinder of the insurer of motor cycle and tata sumo. respondent no. 2 insurance company, contested the case and alleged that the vehicle was being driven against the terms and conditions of the insurance policy.4. on the pleadings of the parties, the .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2007ACJ758; 2005(2)AWC1486(UHC)
rajesh tandon, j.1. the present appeal has been filed against the judgment and award dated 12.11.2003, passed by the motor accident claims tribunal, haldwani, district nainital, dismissing the claim petition of the appellants.2. briefly stated the facts giving rise to the present appeal are that the appellant-petitioners have filed a claim petition before the motor accident claims tribunal, haldwani for grant of compensation on account of death of mr. niyaj ahamad. the petitioners alleged that niyaj ahamad was employed as a bus conductor on bus no. dl 1 p. 1706. on 1.5.2002 at about 9.30 a.m. when the bus reached at jhankaya bus stop, khatima, he climbed on the roof of bus to download the luggage of a passenger. when he was coming down from the roof of the bus, the driver of the bus started the bus and niyaj ahamad fell down from the stairs of the bus. he sustained head injury in the accident and he was rushed to the civil hospital, khatima from where he was referred to bareilly but he succumbed to the injuries on the way when he was being carried to bareilly hospital. the deceased was earning a sum of rs. 3,900 per month and the claimants claimed a sum of rs. 6,80,000 as compensation.3. the claim petition was contested by the opposite parties. the new india assurance company filed written statement and denied the allegations made in the petition. the insurance company alleged that the driver had no valid driving licence. sri shakil ahamad, owner of the bus also filed his .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2004)1UPLBEC20
rajesh tandon, j. 1. heard sri i.d. paliwal, learned counsel for the petitioner and sri b.s. verma, learned standing counsel (state of u.p.).2. by the present writ petition, the petitioner has prayed for a writ of mandamus commanding the respondents to disburse the family pension of the petitioner's husband due to him on 11th february, 1994 and further to release other post retirement benefits for which her husband was entitled i.e., provident fund, gratuity and group insurance etc.3. brief facts giving rise to the writ petition are that the petitioner is the wife of the deceased sri sate singh who was an employee in the plant protection office, department of agriculture at pauri, district pauri garhwal. at the time of death, late sri sate singh was working as senior assistant in the aforesaid department who died on 11th february, 1994 at pauri.4. according to the petitioner her husband had joined the agriculture department in lower subordinate service on 17.5.1955. since, then the petitioner's husband continued to serve the department in a substantial capacity and he was also given regular promotions. in the year 1975-76, the husband of the petitioner was promoted as senior assistant. thereafter, on 11th february, 1994, at the time of his death, the petitioner's husband was working as senior assistant in plant protection office, department of agriculture at pauri, district pauri garhwal.5. due to ill health of her husband in the year 1987, he had applied for voluntary .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2009]181TAXMAN62(NULL)
prafulla c. pant, j.1. this appeal, preferred under section 260-a of the income tax act, 1961 (hereinafter referred as the act) is directed against the order dated 22.12.2006, passed by the income tax appellate tribunal, delhi bench 'h', new delhi (hereinafter referred as itat), in income tax appeal no. 324 / d / 2005, for the assessment year 2001- 02.2. the question of law involved in this appeal, is as under:whether, the income tax appellate tribunal has erred in law in holding that mobilization / demobilization charges in respect of voyage conducted in indian territorial waters only, are to be included in the gross revenue and the remaining amount of such charges are not part of the gross revenue, for the purposes of computation of income under section 44bb of the income tax act, 1961? 3. heard learned counsel for the parties.4. brief facts of the case giving rise to this appeal are that assessee, a non-resident company, engaged in business of extraction of mineral oils, submitted its return of income declaring income at rs. 4,74,73,259/- for the assessment year 2001-02. the case was processed under section 143(1) of the income tax act by the assessing officer, who issued notices under section 143(2) of the act to the assessee as to why not the reimbursement charges received by the assessee from enron oil and gas india limited be included in the gross receipts, received by the assessee? after hearing the parties, the assessing officer included said receipts amounting to .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2004)3UPLBEC129
rajesh tandon, j.1. heard the learned counsel for the parties,2. by the present writ petition the petitioner has prayed for the issue of a writ of mandamus directing the respondents to pay to the petitioner g.p.f. due to him paid to him after attaining the age of superannuation and to refix the post retirement benefits after its rightful calculation.3. briefly stated that the petitioner was initially appointed with the respondents in 1961 as house visitor in the department of malaria. by the passage of time the department of malaria no more existed and consequent thereof the petitioner was transferred to the family planning department in 1967. lastly at the time when the petitioner attained the age of superannuation on 30.11.1997, the petitioner was working as health supervisor in samudayik swasth kendra, vctalghat. the petitioner has stated that despite his retirement in the year 1997; he has not been paid the outstanding amount in his g.p. fund account. he has also stated that the pensionary benefits settled by the respondents has been made on a wrongful calculation and the total amount payable to the petitioner by way of the pension has been reduced considerably. the petitioner has further stated that when the respondents have not paid any heed to the several requests made by the petitioner, he drew the attention of the pension court for redressal of his grievance. the respondents after putting in appearance before the pension court had given an undertaking that the entire .....
Tag this Judgment!Court : Uttaranchal
Reported in : [2007(114)FLR772]
rajesh tandon, j.1. heard shri ramji shrivastava, counsel for the appellant.2. by the present second appeal filed under section 100 of the code of civil procedure, the appellant has prayed for setting aside the judgment and decree dated 11.6.1984 passed by the civil judge, nainital.3. appeal is admitted on the following substantial questions of law:(1) whether the suit filed on behalf of plaintiff/respondent, was not barred by the provisions of the u.p. public service (tribunal)act, 1976?(2) whether the civil court had jurisdiction to entertain the suit, which had been filed by the plaintiff/respondent, praying for his appointment on the post of conductor in the corporation?(3) whether, the defendant/respondent has right to be appointed on the basis of waiting list after its expiry, which is prepared from time to time and the same is valid for one year or till the next waiting list is prepared?4. briefly stated, a suit was filed by the plaintiffs for declaration to the effect that the plaintiffs are eligible to be appointed as conductor under the u.p.s.r.t.c., kumaon region as per merits obtained by them and for mandatory injunction that the defendants be directed to appoint the plaintiffs exclusively on the basis of merit obtained by them in the selection made by the selection committee on 28/29-3-1980. it has been stated in the plaint that the applications for the recruitment of the post of conductors were invited by the u.p.s.r.t.c in the month of march. 1980 through its .....
Tag this Judgment!Court : Uttaranchal
Reported in : III(2005)ACC701; 2005ACJ1782
p.c. pant, j. 1. this appeal, preferred under section 173 of motor vehicles act, 1988, is directed against the judgment/ award dated 15.6.2004 passed by motor accidents claims tribunal/district judge, udham singh nagar, whereby in motor accident claim petition no. 234 of 2002, an amount of compensation to the tune of rs. 5,30,000 has been directed to be paid by the owner of vehicle to the claimants.2. brief facts of the case are that on 24.5.2002, rajesh kumar (deceased) was going on a motor cycle registration no. up 47-2951 from rudrapur to kashipur. when he reached near village maheshpura at rudrapur-kashipur road, a truck registration no. uhj 9049, which was being driven rashly and negligently by its driver, dashed at his motor cycle. consequently, the motor cycle got unbalanced and dashed at another standing truck registration no. up 04-a 0574. as a result of which rajesh kumar died due to injuries sustained by him,, a first information report was lodged at the police station, bazpur. at the time of his death, the deceased was aged 29 years. it is alleged that his income was rs. 7,000 per month. the truck registration no. up 04-a 0574 was owned by satnam singh, appellant, while truck registration no. uhj 9049 was owned by rajendra sharma, respondent. the truck registration no. up 04-a 0574 was insured with new india assurance co. ltd., kashipur with policy cover note no. 995333, while truck registration no. uhj 9049 was insured with national insurance co. ltd., kashipur. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(4)AWC3111(UHC)
rajesh tandon and b.s. verma, jj.1. this is an appeal against the judgment and award dated 25.2.2004 passed by workmen compensation commissioner, by which an amount of rs. 2,24,000 was awarded as compensation along with interest @ 9% per annum from one month after the date of judgment impugned in the default of payment of compensation.2. briefly stated, an application was filed on 25th july, 2001 stating therein that the son of the claimant virendra singh was conductor in truck no. up-01-1137. on 12th october, 2000, the said truck met with an accident near saitoli while going to ghat from nand prayag. in this accident virendra singh, the son of the claimant sustained grievous injuries and was treated in the primary health centre, ghat for first-aid and (hereafter he was admitted to the district hospital, gopeshwar and after some time, he died in the hospital, gopeshwar. the claimant has submitted that the age of the deceased was 22 years and he was earning a sum of rs. 4,000 per month. the insurance company has filed his written statement, who was impleaded as defendant no. 1. we find the evidence on the record the permit, insurance policy note cover, which was duly valid from 31st march, 2000 to 30th march, 2001, copy of the registration certificate of the vehicle in question. the commissioner workmen compensation, chamoli has recorded a finding that the deceased was earning a sum of rs. 2,000 per month and he was aged about 20 years. the vehicle in question was duly insured .....
Tag this Judgment!