Court : Uttaranchal
Reported in : 2006(3)AWC2704(UHC)
Prafulla C. Pant, J.1. This appeal, preferred under Section 100 of Code of Civil Procedure, 1908, is directed against the judgment and decree dated 17.11.1981, passed by 1st Additional District Judge, Nainital, in Civil Appeal No. 145 of 1980, whereby judgment and decree passed by trial court in Civil Suit No. 76 of 1979, has been upheld.2. Brief facts of the case are that plaintiff-appellant is a tenant in a shop situated in Mohalla Bhawani Ganj, Haldwani. The defendant-respondent No. 1 is the owner-landlord of the building. Defendant-respondent No. 2 is Nagar Palika, Haldwani. The plaintiff instituted Civil Suit No. 76 of 1979 seeking relief of injunction against the defendants restraining them from demolishing the shop in question. It is pleaded in the plaint that the shop is in good and durable condition. It is further pleaded that before institution of the above suit, defendant No. 1 pressurized the plaintiff to vacate the shop and instituted a Small Cause Suit No. 17 of 1974 for ...
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 Bhagwat...
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...
Tag this Judgment!Court : Uttaranchal
Reported in : [2005(105)FLR964]
Rajesh Tandan, J.1. Heard the learned Counsel for the parties at length.The present writ petitions have been filed for the issue of a writ in the nature of mandamus commanding the respondents to regularise the petitioners on the post of Draftsman or Forester in the Forest Department.2. Briefly stated the facts giving rise to the present writ petitions are that petitioner Rajendra Singh Negi is working in the Garhwal Forest Division, Pauri since 1.3.89 as Draftsman. Similarly petitioner Dihesh Chand is working in Tons Forest Division since 1.8.1989 oh daily wages. The petitioners have stated that the Forest Department of State of Uttaranchal had published a list of daily wage employees who have been working prior to 29.6.1991. The names of the petitioners have also found place in the said list. The petitioners, were engaged on daily wages on Group 'C' post and also fulfil other necessary qualification for their regular appointment on the post of Draftsman/Forester in the Forest Departme...
Tag this Judgment!Court : Uttaranchal
Reported in : [2005]141STC95(Uttra)
J.C.S. Rawat, J.1. This petition has been filed for quashing the condition/restriction placed in the notification dated February 16, 2004 issued under Section 3-A(1) of the U.P. Trade Tax Act, 1948 (hereinafter referred to as 'the Act') which provides for levy of tax on stone grit/gitti at the point of sale by the stone crushers to the consumers ; for a direction in the nature of mandamus or prohibition restraining the respondent from realising the tax from the petitioners on the sale of the gittis/stone grits prepared out of the tax-paid stone boulders purchased from Uttaranchal Van Vikas Nigam and Uttaranchal Forest Department and for a direction to refund the entire tax realised from the petitioners in pursuance to the condition of the said notification.2. The petitioners are purchasing stone boulders from Uttaranchal Van Vikas Nigam and Uttaranchal Forest Department and they are paying tax at the rate of 8 per cent. The petitioners are crushing the stone boulders into stone grits a...
Tag this Judgment!Court : Uttaranchal
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 ...
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(2)AWC1363(UHC); (2005)2UPLBEC41
Prafulla C. Pant, J.1. By means of this writ petition, moved under Article 226 read with Article 227 of the Constitution of India, the petitioner has sought writ in the nature of certiorari calling for the records and quashing of the impugned order dated 21.3.2005 (copy Annexure-4 to the writ petition) passed by the Special Judicial Magistrate, Dehradun, in criminal complaint case No. 1242 of 2004, Cantonment Board v. Kunj Bihari.2. Brief facts of the case as narrated in the writ petition are that the petitioner is owner of bus No. UP-07/ J 8703, having stage carriage permit to ply the vehicle between Dehradun and Dakpathar. The road between Dehradun and Dakpathar is part of National Highway No. 72. This National Highway No. 72 (for brevity hereinafter NH-72) starts from Rishikesh with terminal point at Ambala. The said Highway pass through Dehradun, Ponta Sahib and Nahan. NH-72 was notified as National Highway vide Notification dated 6.1.1999 and before that it was a State Highway. On...
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. ...
Tag this Judgment!Court : Uttaranchal
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
J.S. Khehar, C.J.1. Jagmohan Singh filed Criminal Writ Petition No. 898 of 2009 under Article 226 of the Constitution of India, wherein he sought a writ in the nature of certiorari, for quashing a first information report dated 15.09.2009, lodged by Upendra Singh Maniyari, on the alleged commission of the offence of abetment to suicide, under Section 306 of the Indian Penal Code. The aforesaid first information report was registered as Crime Case No. 97 of 2009 at Police Station Basant Vihar in District Dehradun.2. In Criminal Writ Petition No. 898 of 2009 it was alleged by the aforesaid Jagmohan Singh alias Raj, that his marriage was settled with Sweta alias Ritu, sister of the aforesaid Upendra Singh Maniyari. The engagement ceremony between Jagmohan Singh and Sweta alias Ritu was held on 14.01.2009, whereafter, the parties agreed, that the marriage ceremony would be held on 28.09.2009. On 13/14.09.2009 Sweta alias Ritu consumed poison. She died on 14.09.2009. On 15.09.2009 Upendra S...
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