Court : Uttaranchal
Reported in : 2005(1)ARC51
Prafulla C. Pant, J.1. By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioners have challenged the order dated 24.9.2003, passed by the Additional District Judge/4th Fast Track Court, Dehradun, whereby rent appeal No. 100 of 2002 has been allowed.2. Brief facts of the case, as narrated in the writ petition, are that the petitioner alongwith Sri Anil Kumar, are tenants in house-6/3 Old Dalanwala (Old No. 3/ 2 Old Dalanwala), Dehradun from the time of late Moti Lal (husband of the petitioner No. 1 and father of petitioner No. 2). It is alleged that the area of the room is 12.6 feet X 11.6 feet and the rate of rent is Rs. 70/- Per cent month. Respondent No. 2, the landlord of the house in question, moved an application on 28.6.2001 under Section 21 (1) (a) of U.P. Act, 13 of 1972 for release of the house in question. The said application was registered as P.A. case No. 57 of 2001. The landlord alleged that he needs the house for the business o...
Tag this Judgment!Court : Uttaranchal
Reported in : I(2005)DMC159
Prafulla C. Pant, J.1. This is a petition, moved under Section 24 of the Code of Civil Procedure, 1908, for transfer of Matrimonial Case No. 121 of 2004 filed under Section 13 of Hindu Marriage Act, 1955.2. Heard learned Counsel for the parties and perused the affidavits and counter affidavit filed by the parties.3. It is alleged in the affidavit filed in support of the application by the applicant that her husband, respondent No. 1, is employed with Northern Railway, and can conveniently come to Dehradun while she has difficulty in coming to Haridwar to attend the case pending between the parties there.4. Brief facts of the case are that the said parties entered into wedlock on 15.11.1992 at Meerut and had a son of about three years age. It appears that earlier respondent No. 1 instituted proceeding under Section 13 of the Hindu Marriage Act, 1955 before the Judge, Family Court, Ajmer, which was registered as Case No. 253 of 1995. However, the ex parte decree passed in said petition a...
Tag this Judgment!Court : Uttaranchal
Reported in : 2005CriLJ2035
B.C. Kandpal, J.1. This criminal appeal arises against the judgment and order dated 1-9-1987 passed by Sessions Judge, Almora in S.T. No. 33 of 1986, State v. Johar Singh and another convicting the accused/appellants under Sections 302/34, 307/34 and 379, I.P.C. and sentencing them to life imprisonment under Section 302/34, 7 (Seven) years' rigorous imprisonment under Section 307/34, I.P.C. and further 1 year rigorous imprisonment under Section 379 I.P.C.2. Brief facts of the prosecution case are that one Dhan Singh father of the complainant Ratan Singh R/o village Udalgaon was going to Bageshwar on 8-4-1985 with Guman Singh and complainant was also accompanying them. At about 8.00 a.m. when they reached near Riyunikhet, they started waiting for the bus at the tea stall of Bahadur Singh and started taking tea. Alter some time, Gusain Singh, Dan Singh and Balram Singh also reached over there. At about 8.30 A.M. a car came from the side of the Bageshwar, which was being driven by an unkn...
Tag this Judgment!Court : Uttaranchal
Reported in : [2005(104)FLR193]; (2005)IILLJ66UC
Rajesh Tandon, J. 1. By the present writ petition, the petitioner has prayed for the issue of a writ, order or direction in the nature of certiorari quashing the award dated June 22, 1999 passed by respondent No. 1 i.e. the Presiding Officer, Labour Court, Dehradun.2. Facts:Brief facts giving rise to the present writ petition are that respondent No. 2 was appointed on April 4, 1988 as Beldar in the department of petitioner and he continued upto December9, 1991, but on December 10, 1991, his services were terminated without any prior notice, which is in violation of the provisions contained under Section 6-N of the U.P. Industrial Disputes Act, 1947. Therefore, the respondent No. 2 raised the dispute under Section 4-K of the U.P. Industrial Disputes Act, 1947. Following matter was referred to the Presiding Officer, Labour Court, Dehradun:'Vernacular matter omitted'3. The Labour Court after hearing both the parties held that the termination order passed by the petitioner-department is il...
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(1)ARC505
Rajesh Tandon, J.1. Heard Sri S.P. Adhikari, Sr. Advocate assisted by Sri B.S. Adhikari, Counsel for the petitioner and Sri N.P. Shah, Counsel for the respondents.2. By the present writ petition, the petitioner has prayed for quashing the orders dated 29.3.2001 and 16.8.2002 passed by the respondent No. 1 and 2.3. Briefly stated, according to the petitioner the fact of the case are that he has purchased the area in dispute from one Sri Madan Lal Sah from his Khata No. 19, Khet No. 618 who had been recorded as Bhumidhar in possession of the land, through a registered sale deed dated 2.12.1991.4. Petitioner has submitted that 8 Mutthi or 1/2 Nali land was purchased from one Madan Lal Sah by the petitioner and his name was mutated on 8.6.1992. Petitioner has filed the copy of the Khatauni by which it will appear that his name was mutated in respect of the area in question, which was purchased by him. The entry to that effect is quoted below:-^^ukO ckO laO 85@91&92 fnukad 21&1&1992 ds enuy...
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
Reported in : AIR2005Utr18
Prafulla C. Pant, J.1. By means of this writ petition, moved under Article 226/227 of the Constitution of India, the petitioner has challenged the impugned orders dated 24-08-2001 (copy Annexure-5 to the writ petition) and 6-1-2004 (copy Annexure-12 to the writ petition) and sought direction to allow application 78-C2 moved in Testamentary Case No. 60 of 2001, pending before District Court at Dehradun. 2. Brief facts of the case as narrated in the writ petition are that one Swami Omkaranand Saraswati (for brevity hereinafter the Swami) who was resident of Austria, came to India and settled here as a disciple of Swami Shivanand. The Swami died in Austria on 4-1-2000. He executed, before his death; in November 1987, a power of attorney (copy Annexure-1 to the writ petition) in favour of Joseph Meichtry and got it registered; The Swami created a Trust (respondent No. 2), known as Omkaranand Saraswati Charitable Trust. A testamentary case was filed by one Mr. J.D. Jain, Advocate, Dehradun ...
Tag this Judgment!Court : Uttaranchal
Reported in : I(2005)ACC135
Prafulla C. Pant, J.1. This appeal is preferred under Section 173 of Motor Vehicles Act, 1988, and is directed against the order dated 12th of July, 2004, passed by Mr. R.C. Kukreti, learned Presiding Officer of Motor Accident Claims Tribunal/ Additional District Judge/IIIrd Fast Track Court, Dehradun, whereby the claim petition was dismissed by him.2. Brief facts of the case are that on 30.10.2001 at about mid-noon claimant's 'Taai' (a relation addressed to father's elder brother's wife), Smt. Sharda Devi @ Savitri Devi, while taking water near air-strip, Jolligrant, to her home, got injured on being dashed by a jeep registration No. U.P. 07/D 2417. It was alleged by the claimant that the jeep was being driven rashly and negligently by its driver, Naveen Kumar (respondent). The injured lady was admitted in Himalayan Hospital, Jolligrant but could not be saved, and died of injuries at 3.15 p.m. The deceased was issueless. Claimant alleged that he used to look after the deceased and due...
Tag this Judgment!Court : Uttaranchal
Reported in : 2005CriLJ2031
Irshad Hussain, J.1. This is a habeas corpus petition wherein the detention of the petitioner in Almora Jail as an accused in case crime No. 2402/2004 under Sections 302, 307, 452 and 504, IPC has been alleged to be illegal for want of valid remand either under Section 209 or 309 of the Code of Criminal Procedure (for short 'Code').2. The petitioner Roshan Lal is the sole accused in S.T. No. 49/2002 which is at the last stage of its conclusion. The petitioner was committed to Court of Session by the C.J.M. Almora per order dated 9-12-2002 (Annexure-6) and the committal order reads as under :--(Vernacular matter omitted.....Ed.)3. Referring to the above committal order the learned counsel argued that since the learned C.J.M. while committing the petitioner to Court of Session has not remanded him to custody during and until the conclusion of the trial as contemplated under Clause (b) of Section 209 of the 'Code' and since the learned Sessions Judge after taking cognizance of the offence...
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(1)ARC25
Prafulla 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 judgment and decree dated 14.6.2001 passed by the respondent No. 1 in SCC revision No. 47 of 1994 whereby revision is allowed and S.C.C. suit No. 55 of 1986 instituted by petitioner is dismissed.2. Brief facts of the case, as narrated in the writ petition, are that the petitioner is the owner and landlord of shop No. 11/311 (24-26) situated at G.B. Pant Marg, Haldwani, District Nainital. The said shop was purchased by the petitioner through a sale deed dated 27.11.1982 from one Rabindra Shamsher Jung. Initially one Tasleem Ahmed was the tenant in the shop in question who died in the year 1974 leaving behind hid widow and daughter (respondent No. 6 and 7 respectively) as heris. The said two respondents inherited the tenancy. The rate of rent was Rs. 250 p.a. They committed default in payment of rent and also illegally sub-let the shop to resp...
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