Uttaranchal Court April 2002 Judgments
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Jai Prakash Vs. Rajeshwar Prasad and ors.
Court: Uttaranchal
Decided on: Apr-26-2002
Reported in: 2003CriLJ4278
Irshad Hussain, J.1.This is a revision under Section 397/401 of the Code of Criminal Procedure (hereinafter in short 'Code') against the judgment and order dated 8-8-2001 passed by learned Additional Sessions Judge/Special Judge (Anticorruption), Dehradun in Criminal Revision No. 112 of 2000, Rajeshwar Prasad v. State, which was preferred against the attachment order under Section 146 of the Code passed by Sub Divisional Magistrate, Rishikesh in Criminal Case No. 44 of 1999, State v. Rajeshwar Prasad, under Section 145 of the Code.2. The learned counsel for the parties were heard at length.3. Perused the material on record.4. The proceedings under Section 145 of the Code were initiated on the application of applicant-revisionist Jai Prakash against Respondent Nos. 1 to 3 and in these proceedings order of attachment under Section 146 of the Code on account of the case to be one of the emergency as a result of cause of breach of the peace existing concerning the possession of the subject...
Raj Vinod Vs. Smt. Durga Devi
Court: Uttaranchal
Decided on: Apr-24-2002
Reported in: I(2003)DMC231
A.A. Desai, C.J. and Irshad Hussain, J.1. Heard Sri S.N. Babulkar, learned counsel for the appellant and Sri R. Dobhal, learned counsel for the respondent. Parties are also present in person.2. On 11.6.1985, parties Raj Vinod and Smt. Durga Devi were married. However, they could not stay together. Husband Raj Vinod, therefore, filed a petition under Section 13 of the Hindu Marriage Act for divorce. In the same proceedings, wife Smt. Durga Devi by way of counter-claim demanded restitution of conjugal rights. Matters were heard together. The Judge, Family Court, Pauri Garhwal, by the judgment dated 7.2.2001 dismissed the claim of the husband for divorce. However, he allowed the claim for restitution of conjugal rights of the wife Smt. Durga Devi. Hence, the husband Raj Vinod presented the instant first appeal.3. During the pendency, we held conciliation between the parties. Ultimately, they reached to a consensus that they cannot happily live together as husband and wife since their sepa...
Dr. P.C. Punetha Vs. State of Uttaranchal and ors.
Court: Uttaranchal
Decided on: Apr-22-2002
Reported in: [2002(93)FLR944]; (2002)IVLLJ477UC
A.A. Desai, C.J. and Irshad Hussain, J. 1. Heard Sri J.C. Pandey learned counsel for the petitioner and Sri M.M. Ghildiyal, learned C.S.C.2. On August 1, 2001, the petitioner was transferred to Ramnagar, whereas the incumbent holding the office, respondent No. 5 Dr. K.S. Mehra was transferred to Ranikhet. However, on March 16, 2002 immediately after six months the respondent No. 2 Director General, Medical Health and Family Welfare, Uttaranchal, Dehradun has brought back Dr. Mehra to Ramnagar and transferred the petitioner to Bhowali.3. The petitioner has questioned the impugned order of transfer dated March 16, 2002 on the ground that he was at Ramnagar hardly for a period of six months. More pertinently, it is pointed out that Dr. K.S. Mehra was holding the post at Ramnagar since June 26, 1986. He was continuously working there for a period of more than fifteen years. As such, within a span of six months reposting of Dr. Mehra at Ramnagar neither could be on good faith nor in the int...
Ratan Lal Vs. State
Court: Uttaranchal
Decided on: Apr-09-2002
Reported in: 2003CriLJ4402
Irshad Hussain, J.1. This is a jail appeal. Appellant was tried in the Court of Additional Sessions Judge/Special Judge (E.C. Act), Dehradun in S.T. No. 34 of 2000, Stale v. Ratan Lal for an offence punishable under Section 307 of the IPC on the allegation that on 6-12-1999 at about 11-45 p.m. near Machan Hotel-Body, situate in Old Mussoorie road within the Police Station of Rajpur. District Dehradun, he made an attempt to commit murder of Smt. Usha Devi and while making assault on her by a chopper-knife (Gandasa), a sharp edged weapon, caused her injuries.2. In order to prove its case, the prosecution had examined eight witnesses including the victim-injured Smt. Usha Devi as P.W. 2. The FIR of the occurrence was lodged by her husband Om Prakash (P.W. 1) who had also witnessed the occurrence along with his son Umesh Kumar (P.W. 3). Injured Smt. Usha Devi was medically examined at Doon Hospital, Dehradun by Dr. A.K. Rastogi (P.W. 5), whereas the X-Ray of the effected part of the victim...
In Re: U.P. Carbide and Chemicals Ltd.
Court: Uttaranchal
Decided on: Apr-05-2002
Reported in: I(2003)BC319
A.A. Desai, C.J.1. Heard Sri V.K.S. Chaudhary, Vikram Nath and Dr. Udyog Shukla for the Bharat Associates, Sri Sharad Sharma for the I.F.C.I, and Sri S.K. Saxena, Official Liquidator, U. P. and Uttaranchal.2. M/s. Bharat Associates, auction purchaser has applied for modification of the order dated 27.4.2000, whereunder they were granted instalments to pay the total amount of Rs. 7,00,00,000 (Rupees seven crores).3. Sri Chaudhary, learned counsel for M/s. Bharat Associates has pointed out that first instalment became due on 30.6.2000. They moved instant application on 14.7.2000 for seeking modification, however, it could not be decided and remained pending.4. Mr. Chaudhary, on behalf of the auction purchaser M/s. Bharat Associates, offered that instead of instalments noted in the order, the auction purchaser will pay the Official Liquidator Rs. 3,00,00,000 (Rupees three crores) by way of bank draft and shall furnish bank guarantee for the remaining amount of 4,00,00,000 (Rupees four cro...
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