Court : Uttaranchal
Reported in : 2003CriLJ3497
Irshad Hussain, J.1. Both the abovenoted appellants were convicted and sentenced to undergo five years' R.-I. and a fine of Rs. 2000.00 each and three years R.I. Under Sections 394 and 411 of the I.P.C. respectively, per judgment and order dated 18-12-2000 passed in S. T. No. 262 of 1998.2. The prosecution case, in brief, is that on 31-1-1998 at about 12.30 P.M. near cremation ghat at Bareilly road within the circle of P. S. Lalkuwan, District Nainital, one Kashmiri Lal Taneja (P.W. 2) was way-laid by three miscreants. They robbed him of sum of Rs. 25,000.00. On alarm being raised witnesses Iqbal Chandra Batra (P.W. 3) and Rudra Prasad Tiwari came there and saw the occurrence. The culprits, however, made their escape possible and could not be arrested. Victim sustained injuries and was medically examined at P. H. C., Kichha. The report of the occurrence was lodged by the victim's brother Kashmiri Lal Rawal (P.W. 3), the same day at 6.10 p.m. A case under Section 394 of the I.P.C. was r...
Tag this Judgment!Court : Uttaranchal
Reported in : 2003CriLJ2598
Irshad Hussain, J.1. This is an appeal against the judgment and order dated 3-4-2001 passed by the Sessions Judge, Dehradun convicting and sentencing the appellant-Mukesh under Section 304B of I.P.C. to undergo rigorous imprisonment for ten years for causing dowry death of his wife Smt. Tara Devi. By the said judgment other co-accused Hari Singh, Smt. Mam Kaur and Km. Manju, the father, mother and sister respectively of the said appellant were acquitted of the charges under Sections 498A, 304B and Section 4 of the Dowry Prohibition Act, 1961. Appellant was also not held guilty and acquitted of the charges under Section 498A, I.P.C. and Section 4 of the Dowry Prohibition Act.2. Written F.I.R. of the case, Ext.Ka. 1 was filed by informant Om Bahadur, P.W. 1, the father of the victim on 14-2-1994 at about 15 : 30 hours at police station, Kotwali Dehradun. The prosecution case disclosed by the said F.I.R. is that informant's daughter Tara Devi and appellant-Mukesh while working together in...
Tag this Judgment!Court : Uttaranchal
Reported in : 2003CriLJ2602
Irshad Hussain, J.1. Appellant Anokhe Lal was convicted and sentenced to R.I. for three years and seven years under Sections 363 and 376 read with Section 511 of the I.P.C. respectively per judgment and order dated 14-5-1999 passed by V Additional Sessions Judge, Nainital in Sessions Trial No. 394 of 1998.2. Prosecution case as disclosed from the F.I.R. and the evidence is that on 11-6-1998 at about 4.30 p.m., appellant gave one rupee to Km. Shanoo aged about seven years for purchasing toffees for herself and deceitfully asked her to come to a house of a neighbour Virendra Pal. There in that house appellant made the said girl to lie on a cot and removed her underwear. He thereafter caught hold of her with intent to commit rape. The girl, however, got herself freed and ran away. She told all about this to her mother Smt. Suneeta who in turn disclosed the occurrence to her husband, informant, Awadhesh Kumar Bhatnagar on his return to his house from duty in the evening hours. The informan...
Tag this Judgment!Court : Uttaranchal
Reported in : 2003(1)AWC842(UHC)
A. A. Desai, C.J. and M. M. Ghildiyal, J.1. Heard Sri Alok Singh, learned counsel for the petitioner and Sri Rakesh Thapaliyal. learned counsel for the respondents.2. It is reported that the Consumer Court imposed a penalty on postal department for their certain lapses in the delivery of speed post parcels. The department in turn saddled the liability on the petitioner and directed to cause recovery of Rs. 12,000 as imposed by Consumer Forum from the Leave Encashment of the petitioner, who has retired in postal service.3. Heard Sri Alok Singh, learned counsel for the petitioner. Ultimately, he has confined his relief only to the ground that before causing the recovery, no notice or show cause was given to the petitioner. No inquiry was held. In this behalf he made his representations dated 8.3.2002 and 6.6.2002 contained in Annexures-13 and 16 respectively, to the writ petition. The representations are pending and have not been decided by the authorities. In view of this relief as clai...
Tag this Judgment!Court : Uttaranchal
Reported in : 2003(1)AWC843(UHC)
P. C. Verma and Irshad Hussain, JJ.1. Heard Sri J. C. Joshi. learned counsel for the petitioner, Sri R. Dobhal, learned counsel for the G. B. Pant University of Agriculture and Technology and learned standing counsel.2. This writ petition has been filed by the petitioner seeking a writ in the nature of mandamus commanding the respondents to refix the salary of the petitioner treating him in University service on 1.10.1973 and correct the last pay certificate accordingly in case his services are transferred to any other university and pay the salary of difference for the period 1.10.1973 to 30.6.1978 and thereafter. He further sought a direction to the respondent No. 4 to pay the petitioner's salary ignoring the resolution No. 9 dated 9.9.1997 and prayed for quashing of the said resolution contained in Annexure-1 to the writ petition.3. By the impugned office order dated 27.11.1997, the date of the absorption of the petitioner w.e.f. 1.10.1973 has been changed to 30.6.1978. This office ...
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