Court : Uttaranchal
Reported in : AIR2005Utr72
orderb.c. kandpal, j. 1. by way of this writ petition the petitioner has prayed for certiorari quashing the order dated 31-5-1989 passed by in civil revision no. 319 of 186 adarsh colonizers v. sri n.k. paliwal and ors. by the special judge. saharanpur (now district haridwar).2. brief facts giving rise to this petition are that the petitioner sri n. k. paliwal filed a suit for specific performance against the defendants/respondents no. 3 to 5 on the ground that the defendants/respondent no. 3 is a firm and rest of the defendants/respondents are its partner.3. as per the plaint, the defendants/respondents purchased a land at roorkee road in order to establish a colony. the plaintiff/petitioner also agreed to purchase a plot and paid an amount of rs. 500/- as advance on 9-7-1962. thereafter, the plain-tiff/petitioner also paid the amount in instalment and the agents of the defendants/respondents handed over the possession of the plot in the plaintiff/petitioner.4. the plaint further reveals that the petitioner, thereafter had always been willing and ready to perform the part of this contract, but there was some dispute in the partnership of the defendants/respondents, hence they close their office at. haridwar and the sale deed could not be executed.5. the plaintiffs/petitioner, thereafter enquired about the whereabouts of defendants/respondents but he could not trace out the defendants/respondents. after getting the trace of the defendant/respondent firm and its partners a .....
Tag this Judgment!Court : Uttaranchal
Reported in : III(2005)ACC432; 2006ACJ263
p.c. verma and prafulla c. pant, jj.1. this appeal preferred under section 173 of the motor vehicles act, 1988 (act 59 of 1988), is directed against the award and order dated 30.1.2004, passed by motor accients claims tribunal/additional district judge, haldwani, district nainital, whereby claims tribunal has awarded a sum of rs. 86,500 as compensation to claimant-appellant on account of injury received by him in the accident in question and rejected the claim in respect of the rest of amount. (amount claimed was rs. 5,00,000).2. brief facts of the case are that on 12.1.2002 at about 8.45 p.m., the claimant- appellant was travelling by an auto bearing registration no. up 02-b 7601 in hald-wani, when suddenly a bus bearing registration no. 04-a 0375, which was being driven rashly and negligently by its driver, dashed with the auto. in the accident, the appellant suffered fracture in the left leg and also fracture in the forearm. he was rushed to civil hospital, haldwani, where-from he was referred for further treatment to bareilly. the report of the accident was lodged to the police and was registered as crime no. 259 of 2002. the appellant's case is that he spent more than rs. 1,00,000 in his treatment and had to remain in the hospital for more than one month. it is further alleged that the appellant lost his job as salesman by which he was earning rs. 5,000 per month due to the accident. the owner of the vehicle and the insurance company contested the claim before the .....
Tag this Judgment!Court : Uttaranchal
Reported in : III(2005)ACC428; 2006ACJ302
prafulla c. pant, j.1. this appeal preferred under section 173 of motor vehicles act, 1988 is directed against the judgment and order dated 7.3.2003 passed by learned presiding officer of the motor accidents claims tribunal/district judge, pithora-garh, whereby an amount of rs. 1,00,000 was awarded as compensation in favour of the claimants-appellants. this appeal is for enhancement of the said amount.2. brief facts of the case are that on 14.12.1998 at about 8 a.m., vehicle bus registration no. up 01-2111 of k.m.o.u. ltd. owned by the respondent no. 1, was being driven rashly and negligently by its driver. in the said bus faqeer singh was travelling. due to rashness and negligence on the part of the driver, the bus fell into khud at dooni within the limits of police station, berinag. faqeer singh died in the accident. claimants are his parents. the deceased was a graduate and unemployed youth. it is alleged that the claimants were dependent on their son, who was earning his income from agricultural work.3. the respondent no. 1 contested the claim petition denying the factum relating to rashness and negligence on the part of the driver. it was further pleaded by respondent no. 1 that the vehicle in question was insured with respondent no. 2 at the time of the accident.4. respondent no. 2 also contested the claim petition on the ground that the vehicle was not plying with the valid papers at the time of the accident; the conditions mentioned in the policy were violated, but it .....
Tag this Judgment!Court : Uttaranchal
Reported in : 3(2005)ACC437
prafulla c. pant, j.1. this appeal, preferred under section 110-d.of motor vehicles act, 1939, is directed against judgment and award dated 2.3.1984, passed by motor accident claims tribunal/district judge, pithoragarh, whereby an amount of compensation to the tune of rs. 41,600/- with interest at the rate of 6% per annum, was awarded in favour of the claimants.2. brief facts of the case are that one shri lalit mohan sah, aged about 34 years, was travelling on 18.4.1982, along with other passengers in bus registration no. u.p. y-1142. at about 6.45 a.m., between bankot and seraghaat, when the said bus was being driven rashly and negligently by its driver, it fell into a deep gorge in which shri sah, received grievous injuries and died due to said injuries. claimant no. 1 smt. hema sah is widow of the deceased, claimant no. 2 nidhi, is daughter and claimant no. 3 is son of the deceased. the deceased was physical training instructor at bankot and was earning rs. 828/- per month. the aforesaid bus was being plied under the management of kumaon motor owners ltd. and was insured, at the time of the accident, with national insurance company. a total amount of rs. 5,00,000/-, was claimed by the claimants as amount of compensation. the owners of the bus, filed a joint written statement, before the tribunal and denied the negligence on the part of the driver. however, they pleaded that the bus was insured with the national insurance company at the time of the accident. the insurance .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2006Utr60
..... a contract of hire-purchase may also provide for the agreement to purchase the thing hired by deferred payments subject to the conditions that title to the thing shall not pass until all the installments have been paid. ..... installments having been paid and no dues have been pointed out by the appellants against the plaintiffs, therefore, we find no infirmity in the impugned order granting injunction in favour of the plaintiff on the basis of prima facie title on the vehicle in question so as to grant the injunction under order 39, rule 1, c.p.c.17. .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2005Utr43
p.c. verma, j.1. the appellants preferred this appeal under section 104 of the civil procedure code against the order dated 31-7-2001 passed by the district judge, hardwar in civil misc. case no. 12 of 1999 sri ved prakash v. ved mata gayatri trust, whereby the district judge has refused to grant leave to file suit under section 92 of the civil procedure code by rejecting the application of the applicants/plaintiffs paper nos. 4c-2 and application paper no. 82-c2.2. brief facts giving rise to this appeal are that plaintiffs filed stilt with the prayer to grant leave to institute the suit under section 92 of the cpc in respect of defendant no, 1 on the grounds, inter alia, that the defendant no. 1 is a trust for public purposes of a charitable & religious nature, duly exempted even under section 80g of the income tax act, 1961 having its principal activity in shanti kunj, bhopatwala, hardwar (hereinafter referred to as the trust). that the aforesaid trust was founded by late sim bhagwati devi sharma wife of late (acharya) sri ram sharma in respect of which she also executed a registered instrument dated 12-11-1969. that smt. bhagwati devi sharma, founder of the trust appointed herself as the trustee and along with her she appointed acharya shri ram sharma aforesaid and her husband, sri satya deo of mathura, sri uma shanker chaturvedi of bilaspur (m.p.) and sri shiv shanker gupta of delhi as the trustees. that smt. bhagwati devi sharma, the founder of the trust also executed a .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2005Utr76
p.c. verma, j. 1. both these appeals arise of the same judgment and order passed by the reference court and similar questions are involved for determination in these appeals, therefore, they are being decided by this common judgment.2. first appeal no. 175 of 2001 has been preferred by the claimant/appellant against the judgment and award dated 30-5-1989 passed by the iii additional district judge, nainital in land acquisition case no. 104 of 1983, singh and company v. collector, nainital, whereby the reference made by the collector, nainital under section 18 of the land acquisition act was allowed partly and the claimant was held entitled for compensation of rs. 15,89,072.00 for the acquired land and rs. 2,01,600.00 for the trees and buildings and on these amounts solatium at the rate of 30% along with interest @ 12% per annum on the increased amount of compensation from the date of possession of the acquired property till the date of payment, whereas first appeal no. 673 of 2001 has been preferred by the collector, nainital (respondent in first appeal no. 175 of 2001) against the aforesaid judgment and award dated 30-5-1989 passed in l.a. case no. 104 of 1983 for setting aside the order passed by the iii additional district judge, nainital and further to confirm the award given by the land acquisition officer, nainital in the said case. on the other hand, the state/collector, nainital has also come up in first appeal no. 673 of 2001.3. brief facts of the case, giving rise .....
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)199CTR(Uttranchal)66; [2005]277ITR253(Uttaranchal)
1. this is an appeal preferred under section 260a of the income-tax act, 1961, filed by the appellant against the judgment and order dated march 26, 2004, passed by the income-tax appellate tribunal, new delhi, in i. t. a. no. 1524/delhi of 2000.2. reading and bates drilling company, the appellant, is a non-resident foreign company. during the year under consideration, the said nonresident company executed offshore drilling contracts in india. reading and bates drilling company employed technicians to work in offshore oil rigs in india. mr. daniel gates was such a technician employed by the appellant-company during the relevant previous year to work in the offshore oil rigs in india.3. the question raised before us is as follows :'whether, on the facts and circumstances of the case, the tribunal erred in law in holding that the 'off-period' salary paid to the petitioner was liable to tax in india ?'4. heard learned counsel for the parties and perused the record.5. as this court has discussed in income-tax appeal no. 57 of 2002, cit v. sedco forex international drilling co. ltd. manu/uc/0003/2003, the reasoning regarding this question is given in the following paragraphs.6. section 4 of the act is a charging section. it imposes tax on the total income of the previous year of every person. under section 4(2), tax is deducted at source or paid in advance, where it is so deductible or payable. section 5(2),on the other hand, restricts the scope of total income of a nonresident to .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(3)SLJ196(NULL)
prafulla c. pant, j.1. by means of this writ petition, moved under article 226 of constitution of india, the petitioner has sought direction in the nature of certiorari, quashing the impugned order dated 13.11.1990, whereby his services, dismissed from indian army, by the respondents.2. brief facts of the case, as narrated in the writ petition, are that the petitioner entered in the indian army as 2nd lieutenant with service no. ic 39774y and was posted as officiating troup commander in 1481 light regiment at galuthi. on 2.9.1983, while petitioner was serving on said post, a theft of rs. 14,000/-, took place in the regiment with regard to which gnr udai singh was one of suspects. on instructions of officiating commanding officer maj. jagga singh, the petitioner along with 2/lt. k.s. paul, pursued the matter, and on pointing out of gnr udai singh (since deceased), recovered rs. 12,000/-out of the theft amount. the said gnr was suspected for the reason that after the theft was committed, he disappeared from the unit, without intimating anyone. on inquiry, it was found that said gnr had gone to military hospital on a pretext that he was suffering from stomachache. but on inquiry, it was found that no person with the name of said gnr was admitted in the hospital on said date till 3:15 p.m. but later on, suddenly he got himself recorded as admitted at 5:55 p.m. and remained in the hospital till 5.9.1983, when nothing was found clinically wrong with him. again, after a week on .....
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