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Uttaranchal Court October 2004 Judgments

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Oct 11 2004

U.P. State Road Transport Corporation Vs. Rajesh Kumar and anr.

Court: Uttaranchal

Decided on: Oct-11-2004

Reported in: 2004(4)AWC3496

P.C. Pant, J.1. By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought quashing of order/award dated 10th September, 1999 passed in Adjudication Case No. 155 of 1999 by the Labour Court, Dehradun.2. Brief facts of the case, as narrated in the writ petition, are that respondent No. 1, Rajesh Kumar was employed as Conductor with the U. P. State Road Transport Corporation (the petitioner). On 13.3.1995 the Checking Staff of the petitioner- corporation consisting of three Inspectors, on Chandigarh-Shimla route intercepted its bus on which it was found that 25 passengers were travelling without ticket out of the total 27 full passengers and one child passenger. The respondent No. 1 was the Conductor in said bus on said date. The Checking Staff took waybill from the respondent No. 1, in which it was found that entry of only two and a half passengers was made. Not only this, during checking it was found that respondent No. 1 already rec...


Oct 05 2004

S.K. Agarwal Vs. Oriental Bank of Commerce and ors.

Court: Uttaranchal

Decided on: Oct-05-2004

Reported in: I(2006)BC562; [2005]128CompCas926(Uttaranchal)

Irshad Hussain, J. 1. The petitioner, a promoter/managing director of a company which has been declared a sick industrial unit and for whose financial assistance and facilities he gave personal guarantee, has impugned notice under Section 13(11) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'Act 54 of 2002'), served on him by the secured creditor, respondent Oriental Bank of Commerce.2. The short facts of the case and which are not disputed are that M/s. Superior Carbonate and Chemicals Ltd. (for short 'the company') was granted cash credit facility with second charge over the fixed assets of the company by the respondent-bank and the financial facility was secured with personal guarantee by the petitioner and his properties detailed in the impugned notice dated November 18, 2003, were accordingly charged to the bank as a security. The company suffered losses and reference was made before the Board for Industrial ...


Oct 01 2004

Hayat Singh Vs. the State

Court: Uttaranchal

Decided on: Oct-01-2004

Reported in: 2005CriLJ2473

J.C.S. Rawat, J.1. This is a criminal jail appeal against the judgment and order dated 23-7-2002 passed by Sri Ram Dass, the then Special Judge, Bageshwar in Special S.T. No. 4/2002, whereby the Special Judge has convicted the appellant and sentenced him to undergo RI for ten years and fine of Rs. 5,000/- under Section 376, IPC; to undergo RI for 3 years and fine of Rs. 2,000/- under Section 452, IPC and to undergo RI for 10 years and fine of Rs. 5000/- under Section 3(2)(5) of S.C./S.T. Act. In default, the applicant to undergo simple imprisonment for 3 months, 2 months and 3 months respectively. However, it was directed that all the sentences would run concurrently.2. I do not propose to mention the name of the victim. Section 228A, IPC makes disclosure of the identify of victims of certain offences punishable. Printing or publishing the name or any matter which may make known the identify of any person against whom an offence under Section 376 is alleged or found to have been commit...


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