Uttaranchal Court July 2003 Judgments
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V.K. Gupta (Dr.) Vs. Principal Judge, Family Court and anr.
Court: Uttaranchal
Decided on: Jul-31-2003
Reported in: II(2004)DMC767
P.C. Verma, A.C.J.1. By this petition the petitioner made a prayer to have the orders dated 5.7.2002 and 31.7.2002, passed by respondent No. 1 in O.S. No. 33/ 2002 quahsed. 2. The petition under Section 13 of the Hindu Marriage Act, 1956 seeking divorce was preferred by the petitioner. The same was being contested by wife-respondent No. 2 who, during hearing of the case made allegation that the petitioner-husband had been keeping with him another lady as his wife and whose named was also disclosed to the Principal Judge, Family Court. Learned Judge took cognizance of the allegation and as is evident from the copy of the order-sheet of the said case, issued a commission to physically verify the presence of that lady, named as Mamta Saxena, in the house of the petitioner. Positive report could not be received. By the impugned order dated 5.7.2002 the learned Principal Judge, Family Court, then passed an order to summon the said lady and subsequently on 31.7.2002 passed an order to the ef...
Sri Ram Gopal Vs. Addl. District Judge and ors.
Court: Uttaranchal
Decided on: Jul-30-2003
Reported in: AIR2005Utr8
ORDERRajesh Tandon, J.1. This writ petition arising out of the order dated 6-5-2003 passed by the Addl. District Judge, Fast Track Court No. 5, Dehradun.2. The brief facts of the case are that respondents No. 2, 3, 4, 5 and 6 have filed an application under Section 21 of U.P. Act No. XIII of 1972 in the year 1999 praying for the release of non-residential accommodation No. 37/42, Jhanda Bazar, Dehradun of which the petitioner is a tenant of the accommodation at the rate of Rs. 25/- per month. The facts stated in the application shows that the shop in dispute was required by the respondent- landlord for running his own business of Cosmetics. The petitioner has filed written statement denying the averment contained in the application.3. The Prescribed Authority vide order dated 10-7-2001 has allowed the application. Aggrieved by the aforesaid order an appeal was preferred in the Court of District Judge, Dehradun. During the pendency of appeal an application has been filed by the petition...
Asha Devi and ors. Vs. U.P. State Road Transport Corporation and anr.
Court: Uttaranchal
Decided on: Jul-28-2003
Reported in: I(2004)ACC195; 2005ACJ517
Rajesh Tandon, J. 1. This appeal has been filed by the claimants against the order dated 22.12.1981 passed by Motor Accidents Claims Tribunal, Pithoragarh, rejecting the application under Section 5 of Limitation Act.2. Briefly stated the facts giving rise to this appeal are that a claim petition had been filed by the appellants before M.A.C.T., Pithoragarh, in the year 1980. Date was fixed for filing written statement on 21.12.1980 which was Sunday. The case was taken up on 22.12.1980 and it was dismissed in default on that date. The present restoration application had been filed by the claimant on 28.1.1981 stating therein that from 19.12.1980 to 21.1.1981 the counsel for the claimant was out of station. Further, it was stated in the application that from 23.1.1981 to 27.1.1981 the counsel for the applicant was unwell and application for restoration was filed on 28.1.1981. The counsel for the applicant has stated that for the aforesaid reasons the claimants could not present the appli...
Sohan Singh Vs. District Magistrate and ors.
Court: Uttaranchal
Decided on: Jul-18-2003
Reported in: AIR2004Utr45
ORDERRajesh Tandon, J.1. Heard Sri S.K. Mandal for the petitioner and Sri S.S. Adhikar, Standing counsel for the respondents.2. This writ petition has been filed by the petitioner challenging recovery by which a sum of Rs. 92,600/- has been demanded. According to the petitioner he is a small farmer and has taken loan of Rs. 45,000/-for flower garden and Rs. 19.500/- for irrigation (boring). It has been stated in paragraph 8 of the petition that on 20-5-2003 Amin came to his house and served a notice for demand of Rs. 92,600/-. Petitioner has also appeared before the Tehsildar and made a oral representation but of no avail.3. According to the petitioner no account has been furnished by the Bank so as to enable him to come to the conclusion that the citation made by the Tehsildar is correct. Further according to him calculation of interest is wholly incorrect and no compound interest can be charged. In the case of Central Bank of India v. Ravindra, AIR 2001 SC 3095 the Apex Court has obs...
Rajesh Kumar Gautam Vs. Maha Mandleshwar Vedabayasanad Geeta Ashram
Court: Uttaranchal
Decided on: Jul-17-2003
Reported in: AIR2004Utr30
ORDERRajesh Tandon, J.1. Heard Sri Sharad Sharma for the revisionist and Sri Alok Singh for the respondents.2. The present revision has been filed against the order dated 30-10-2002 passed on the application under Order XXVI, Rule 9, C. P. C. Brief facts are that a suit was filed by the plaintiff/revisionist praying for a decree of declaration against the defendant that he is owner of the property and title vested with the plaintiff. Relief Clause (Aa) of the plaint is reproduced as under :DECREE GHOSNATMAK BAHAK VADI BARKHILAF PARTIWADIGAN ES AASHAY KEE SADAR FARMAI JAYE KI VADI SAMPATI NIMANVARNITTAHATIVADPATRA KA MALIK KABIJ HAI AUR VADI KO SAMPATI NIMANVARNIT ME SAMAST MALIKANA HAKOOK PRAPT HAI(.)It has been stated by the plaintiff that the property described in paragraph 2 of the plaint was the personal property of Swami Shanta Nand and since then he is continuing in possession over that property being his younger brother and manager of the property of Swami Shanta Nand. It was al...
Deewan Singh S/O Daleep Singh Vs. State of Uttaranchal
Court: Uttaranchal
Decided on: Jul-16-2003
Reported in: 2003CriLJ4586
Irshad Hussain, J.1. Appellant Deewan Singh has been convicted and sentenced to undergo imprisonment for life Under Section 302 IPC per judgment and order dated 1-2-2001 passed in Sessions Trial No. 47 of 1999 by Sessions Judge, Pithoragarh for having committed murder of his daughter-in-law Smt. Ganga by causing her death by firing shot from his gun at about 1.30 p.m. on 9-7-1999 in his house situated within the vicinity of police station Jhoola Ghat, District Pithoragarh.2. Factual matrix of the case is brief. On 9-7-1999 the information of the death of the victim was carried to Hoshiyar Singh (P. W. 1), Village Pradhan who filed written report at the police station the same day at 8.45 p.m. The case Under Section 302 IPC was registered and investigation was taken up by S.H.O. Lokesh Sharma (P.W. 6) who held inquest on the dead-body, completed relevant formalities of the investigation, made search of the appellant named as the assailant in the F.I.R. but could not succeed till 30-7-19...
Bachan Lal Vs. State of Uttaranchal
Court: Uttaranchal
Decided on: Jul-16-2003
Reported in: AIR2004Utr23
ORDERRajesh Tandon, J.1. Sri Rajendra Dobhal for the revisionist and Sri N. C. Gupta, Standing Counsel for the respondent.2. This revision arises out of the order passed by the District Judge, Uttarkashi dated 22-4-1986 passed in Original Suit No. 9 of 1985, Bachan Lal v. State of U. P.3. The brief facts giving rise to this revision are that a suit was filed by Sri Bachan Lal Thalwan in the Court of District Judge. Uttarkashi praying for the following reliefs :(a) A decree for perpetual injunction restraining the defendant from interfering with the possession, occupation and enjoyment of two muthi land granted to him forming part of plot No, 2112 in village Barahat, District Uttarkashi by the Deputy Commissioner in charge, Uttarkashi.(b) Costs of the suit, and any other relief which the learned court may deem fit in the interest of justice or to which the plaintiff is found entitled.According to the plaint averment the plaintiff applied for two muthi of land out of plot No. 2112 of vil...
Smt. Sabira Banu and ors. Vs. Mohan Singh and anr.
Court: Uttaranchal
Decided on: Jul-15-2003
Reported in: AIR2004Utr17
Rajesh Tandon, J.1. The present writ petition under Article 226 of Constitution of India has been filed by the petitioner challenging order dated 21-9-2001 by which application filed by the respondent No. 1 substituting the heirs of Narain Singh has been allowed.2. The brief facts giving rise to the preset writ petition are that an application under Section 21 (l)(a) was filed on 20-8-1993 by Sri Narain Singh praying for release of accommodation i.e. shop No. 2 Mohan Niwas Malli Bazar, Bhawali, District Nainital in his favour. In para 4 of his application Sri Narain Singh has described family members of his family as under :(1) Applicant self (2) Smt. Narain Singh (wife) (3) Mohan Singh (son) (4) Smt. Mohan Singh (daughter in law) (5) Master Kirti Bardhan (grandson) (6) Gaurav Bardhan (grandson) (7) Yas Bardhan (grandson) (8) Diwan Singh (brother) (9) Pratap Singh (nephew) (10) Smt. Pratap Singh (wife of the son) (11) Lalit Sigh (grandson) (12) Balbahadur (grandson).In paragraph 5 of t...
Sunit Gupta Vs. State
Court: Uttaranchal
Decided on: Jul-15-2003
Reported in: 2004CriLJ562
Irshad Hussain, J. 1. This appeal has been directed against the judgment and order dated 06-05-2002 passed by Sessions Judge, Dehradun in sessions Trial No. 273 of 2000 convicting the appellant Under Sections 302, 324 I. P. C. and sentencing him to undergo imprisonment for life and to pay fine pf Rs. 5,000/- under the first count and to undergo R. I. for one year under the second count for having committed the murder of Piyush Karanwal and for causing hurt to his wife Smt. Kiran Karnwal at about 11.00 p.m. on 04-10-2000 in their house in the town of Dehradun.2. Briefly stated the case of the prosecution was that Piyush Karnwal, deceased was running a guest-house in the first floor of his house No. 36 Dhamawala within police circle Kotwali, district Deharadun. Appellant Sunil Gupta was employed as household servant and he was also assigned the duties to upkeep the guest-house. Appellant raised demand of some money few days before the occurrence but the payment was deferred by the deceas...
Ali Hasan Vs. State
Court: Uttaranchal
Decided on: Jul-14-2003
Reported in: 2004CriLJ1660
Irshad Hussani, J.1. Appellant Ali Hasan has been convicted and sentenced to imprisonment for life Under Section 302, IPC per judgment and order dated 23-12-2000 passed by 1st Additional Sessions Judge, Haridwar. 2. Certain undisputed facts are that deceased Smt. Sheela was previously married to one Dharam Singh and two children were also born out of their wedlock. Marital relations between them got strained and deceased Smt. Sheela ceased to reside with her husband for the last about 2 years. Smt. Sheela developed illicit relations with appellant Ali Hasan although, she continued to reside with her mother and brother-informant Ram Chandra (P.W. 3) in the town of Jwalapur of district-Haridwar. Smt. Sheela was employed for household work in Vadhera Nursing Home in Jwalapur.3. The prosecution case, as emerges out of the FIR and the evidence, is that appellant Ali Hasan wanted that Smt. Sheela should reside with him as his wife, but she was not agreeing to this proposal. Appellant was dis...
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