Court : Uttaranchal
Reported in : AIR2006Utr14
cyriac joseph, c.j.1. the petitioner was a student of class-x in the children's senior academy school, roorkee during the academic year 2003-04. according to the petitioner, owing to his illness, he could not secure the minimum attendance required for appearing in the class-x examination conducted by the central board of secondary education (cbse). hence he applied for condonation of shortage of attendance through the principal of the school. his application for condonation of shortage of attendance was forwarded to the regional office of c.b.s.e. at allahabad by the principal along with similar applications of three other students as per his letter dated 10-2-2064. later, a separate letter dated 14-2-2004 was sent by the principal to the regional office of cbse at allahabad annexing necessary medical certificates and recommending condonation of shortage of attendance. the said letter dated 14-2-2004 (the date was wrongly written as 14-2-2003) was in respect of the petitioner and another student. the said letter dated 14-2-2004 was received in the regional office of cbse at allahabad on 16-2-2004 and the receipt of the letter was duly acknowledged as seen from the seal and endorsement of the cbse. it is seen from the letter dated 14-2-2004 that in the case of the petitioner, the principal had written 'his medical certificate is attached herewith from government hospital w.e.f. 13-11-2003 to 12-1-2004 along with his application.' the said letter also shows that all original .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2006Utr49
..... a writ of quo warranto is generally regarded as an appropriate and adequate remedy to determine the right or title to a public office and to oust an incumbent who has unlawfully usurped or intruded into such office or is unlawfully holding the same. ..... holding an independent substantive public office or franchise or liberty, is called upon to show by what right he holds the said office, franchise or liberty; if the inquiry leads to the finding that the holder of the office has no valid title to it, the issue of the writ of quo warranto ousts him from that office. .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2006Utr64
cyriac joseph, c.j.1. the petitioner is a permanent resident of district muzzafarnagar in the state of u.p. he applied for admission to the undergraduate programme (b.v.sc. and a.h.) of the g. b. pant university of agriculture and technology. pant nagar (hereinafter referred to as the university) for the year 2003-2004. he appeared in the entrance examination conducted by the university on 15-6-2003. he secured 428 out of 600 marks and his rank in the composite merit list was 27. he was called for counselling held on 26-7-2003. he was admitted to the b.v.sc. and a.h. degree course against 'payment scat'. on account of his admission against a payment seat, he was required to pay a sum of rs. 1.00.000/- in addition to other university-fees. he made all the required payments and got admitted to the course for the year 2003-2004.2. according to the distribution of seats stated in the prospectus 2003-2004 issued by the university, 20% of the sanctioned seats, after allocation of seats to i.c.a.r./v.c.i in all undergraduate (except b. tech.), master's and ph.d. programmes, were 'payment seats'. the candidates desirous of seeking admission against payment seats were required to appear in the entrance examination and qualify as per requirement, to a degree programme in which they sought admission. academic eligibility qualification for such candidates would be the same as for general candidates seeking admission through entrance examination. the programme would be allotted to them as .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006(1)AWC651(UHC); 2006(3)SLJ414(NULL)
prafulla c. pant, j. 1. by means of above three writ petitions, the petitioners who are scale i officers, have challenged the selection process for promotions to scale ii in the alaknanda gramin bank ltd., pauri garhwal, for its various branches in uttaranchal.2. we heard learned counsel for the parties at length.3. the petitioners were appointed in group-a posts of scale i by direct recruitment and were posted in different branches of alaknanda gramin bank. their promotions are governed by regional rural banks (appointment and promotion of officers and other employees) rules, 1998. petitioner in writ petition no. 332 of 2003 has challenged the promotion order dated 30.4.2003 (annexure-8 to said writ petition) whereby shri krishna chand singh, shri sunil mishra and shri sunil dutt bhatt who were junior to him at the time of his appointment in the seniority list. the six petitioners in writ petition no. 602 of 2003, have also challenged the selection process of the promotions to scale-ii by respondent-bank and sought the promotions of respondents no. 3 to 14 in said writ petition, be quashed. according to these petitioners, following number of posts in scale-ii were vacant for promotions in the years 1999 to 2003 :(1) 1999 3 posts(2) 2000 5 posts(3) 2001 nil(4) 2002 4 posts(5) 2003 8 postsrespondents-shri krishna chandra singh bisht, shri sunil kumar mishra and shri sunil dutt bhatt were promoted against the vacancies of the year 1999. respondents--shri girish chandra pant, .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2006Utr54
..... evidence on the record to connect the land in dispute with the land mentioned under section 3 of the indian forest act but it was the bhumidhari land of the plaintiff over which the government has no right or title. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006(3)AWC2704(UHC)
..... tenant has sub-let, in contravention of the provisions of section 25 or, as the case may be, of the old act the whole or any part of the building ;(f) that the tenant has renounced his character as such or denied the title of the landlord, and the latter has not waived his right of reentry, or condoned the conduct of the tenant;(g) that the tenant was allowed to occupy the building as part of his contract of employment under the .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2007ACJ2034
b.c. kandpal, j.1. the aforesaid appeals emerge out from the judgment and award dated 13.5.2002 passed by the motor accidents claims tribunal/a.d.j.-cum-second f.t.c., nainital (hereinafter referred as 'the tribunal') in the m.a.c.t. case no. 53 of 1999, hence are being decided by a common judgment.2. by the impugned award petitioner/ appellant saleeman was awarded compensation to the tune of rs. 1,37,000 against national insurance co. ltd. to be paid within one month and in default the petitioner was also awarded interest at the rate of 9 per cent per annum from the date of presentation of the petition till the date of final payment of compensation. petitioner has preferred her appeal for enhancement of the compensation amount whereas the respondent appellant national insurance co. ltd. has preferred its appeal to set aside the award against it.3. the brief facts giving rise to the present appeals are that the petitioner/appellant saleeman filed a claim petition with the. allegations that on 19.4.1998 her son anish ahmad was travelling along with his luggage in truck no. urn 9371 from kichha to haldwani. the driver of the truck was driving it at a high speed and negligently. at about 10.15 a.m. when the truck reached at the bypass near village kishanpur, the driver lost control over the steering of the truck and it reached in the field on left side and overturned, as a result, anish ahmad sustained grievous injuries and he died at the spot. the first information report of .....
Tag this Judgment!Court : Uttaranchal
Reported in : IV(2006)ACC830
rajeev gupta, c.j.1. this is claimant's appeal for enhancement of the compensation awarded by the motor accident claims tribunal/additional district judge-first fast track court, udham singh nagar vide award dated 22nd july, 2003 passed in motor accident claim petition no. 93 of 2001.2. claimant balbir singh claimed compensation of rs. 18,00,000 for the injuries suffered by him in the motor accident when on 30th may, 1999 first respondent munna singh brought his truck bearing no, utj 2412 driving rashly and negligently and dashed the claimant resulting in serious injuries to him.3. the claimant pleaded that he was an agriculturist having 12 acres of land. it was further pleaded that the petitioner was earning rs. 15,000 per acre and on account of the injuries suffered by him in the accident, he has been deprived of substantial part of that income as he was forced to lease out his agricultural land @ rs. 5,000 per acre.4. respondent no. 1 munna singh, driver of the offending vehicle and respondent no. 2-national insurance company ltd., insurer of the offending vehicle contested the claim. the insurance company disowned its liability to pay compensation to the claimant on the ground that the driver of the vehicle was not holding a valid and effective driving licence at the time of the accident and that the truck was being plied in breach of the policy conditions.5. the tribunal on the evidence led by the parties held that claimant balbir singh sustained grievous injuries in the .....
Tag this Judgment!Court : Uttaranchal
Reported in : IV(2006)ACC757
rajeev gupta, c.j.1. mr. lok pal singh, advocate for the appellants; none for the first respondent. mr. subhas upadhyaya. advocate for the second respondent. they are heard.2. this is claimants' appeal for enhancement of the compensation awarded by the motor accident claims tribunal/district judge, haridwar vide award dated 2nd february, 1996 passed in motor accident petition no. 5 of 1995.3. the claimants claimed compensation of rs. 16,15,937 for the death of one harish chand, husband of appellant no. 1 and father of appellant nos. 2 to 5, in the motor accident on 14th september, 1994 when his scooter bearing registration no. uhq 7618 was dashed by the offending vehicle-bus belonging to the second respondent-haryana roadways bearing registration no. hr 31-4884 resulting in his instantaneous death on the spot itself. the claimants further pleaded that harish chand was in regular service of bharat heavy electricals ltd., haridwar and was getting salary of about rs. 5,000 per month.4. the driver and owner of the offending bus contested the claim and pleaded that the deceased himself was responsible for the accident and as such they are not liable to pay any compensation to the claimants.5. the tribunal on the evidence led by the parties held that the deceased harish chand died on account of the injuries sustained by him in the accident and that the accident occurred due to rash and negligent driving by the driver of the offending vehicle-bus. the tribunal, therefore, held the .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006(3)AWC2358
..... . proceeding originaljurisdictionfirst appeal secondappeal 24 209 suit for ejectment assisant commissioner boardof persons occu- collector.pying the land 1st classwithout title anddamages.as such, the above entry contained in second schedule of the aforesaid act, read with section 331 quoted above, bars the jurisdiction of the civil court in respect of the suit in possession of ..... rights under the existing law.above observations had made it simple and clear that if the plaintiff is required to prove his title in respect of agricultural land then by mere institution of suit for cancellation, the jurisdiction would not vest in the civil ..... and if some fraud played on the plaintiff to get the sale deed executed and his title is not questioned, a suit for cancellation of such instrument would lie only in ..... from the pleadings of the parties, it is clear that by execution of sale deed title of the plaintiff stands denied by the transfer or buddh dass, as such in the present case it is the question of title in respect of the agricultural land, which is the real issue and in respect ..... was passed to provide for abolition of zamindari system in agricultural areas situate in urban areas in uttar pradesh and for the acquisition of the rights title and interest of intermediaries between the tiller of the soil and the state. ..... . for example, if the transferor has denied the title of the plaintiff by transferring the land then the title is the real question to be decided for which jurisdiction lies .....
Tag this Judgment!