Uttaranchal Court November 2004 Judgments
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Manoj Agrawal and anr. Vs. Smt. Sushma Agrawal and anr.
Court: Uttaranchal
Decided on: Nov-17-2004
Reported in: AIR2005Utr9
ORDERPrafulla C. Pant, J.1. By means of this petition, moved under Article 227 of the Constitution of India, the petitioners have sought direction in the nature of writ of certiorari for quashing the order dated 24-8-2004 passed by learned Principal Judge, Family Court, Nalnital.2. Brief facts of the case as narrated in the petition are that respondent No. 1 has filed an application under Sections 8, 9 and 25 of the Guardians and Wards Act, 1890 read with Sections 6A and 13 of Hindu Minority and Guardianship Act, 1956, seeking custody of minor child Sidharth from the custody of the petitioners. The said application was registered as Case No. 19 of 2008 Sushma Agrawal v. Munish Agrawal and Ors.. As per the said application Sushma Agrawal got married to respondent No. 2 on 19-11-1999 and from their wedlock Master Sidharth got born on 16-12-2000. Petitioner Nos. 1 and 2 are brother and sister of respondent No. 2. It is alleged in the application that respondent No. 1 was turned out of her...
Miss. Neena Bhatnagar Vs. First Fast Track Court and anr.
Court: Uttaranchal
Decided on: Nov-17-2004
Reported in: AIR2005Utr16; 2005(1)ARC466
ORDERPrafulla C. Pant, J.1. By means of this petition, moved under Article 227 of the Constitution of India, the petitioner has sought direction in the nature of writ of certiorari for quashing the order dated 7-2-2004 passed by respondent No. 1 in civil suit No. 26 of 2003.2. Brief facts of the case as narrated in the petition are that a civil suit No. 26 of 2003 was instituted before the Court of Civil Judge (Senior Division), Nainital by the petitioner against the respondent No. 2 for . permanent injunction restraining the defendant (respondent No. 2) from interfering In peaceful possession of the plaintiff (petitioner). In the plaint of said unit-the petitioner had claimed herself to be tenant of the respondent No. 2 on rent at the rate of Rs. 3000/- per month. It is alleged that the petitioner moved an application for amendment (copy Annexure-2) in the plaint, whereby she sought to plead rate of rent to be Rs. 1,650/- per month in place of Rs. 3000/- per month. Simultaneously valu...
Narender Singh (Shri) Vs. Additional District Judge and ors.
Court: Uttaranchal
Decided on: Nov-17-2004
Reported in: 2005(1)ARC30
Prafulla C. Pant, J.1. By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner- tenant has sought writ in the nature of certiorari for quashing the orders dated 20.12.2002 and 24.4.1997 passed by the respondent No. 1 and 2 respectively, on the release application filed by respondent No. 3 under Section 21 of U.P. Act No. 13 of 1972.2. Brief facts of the case, as narrated in the writ petition, are that the petitioner is the tenant of shop bearing No. 54/44 situated in Akhara Mohalla, Dehradun. The tenancy started in the year 1931 when the petitioner's father entered in the shop as a tenant he died on 6.12.1968 leaving behind the petitioner who inherited the tenancy. The petitioner is running a tea stall in one room of the shop and in another room (Khan) business of cycle mart is being run by the petitioner's children. Respondent No. 1 purchased the shop on 16.10.1981 and about nine years there after moved a release application (P.A. Case No. ...
Heena Suppliers and Transporters and anr. Vs. Nagar Palika Parishad an ...
Court: Uttaranchal
Decided on: Nov-05-2004
Reported in: AIR2005Utr24
V.S. Sirpurkar, C.J.1. This writ petition was initially filed at Allahabad, where it was registered as Writ Petition No. 14258 of 1998. After the formation of State of Uttaranchal, the matter has come before this Court.2. Shortly stated, the petitioners seek a mandamus commanding the respondents i.e. Municipality, Nainital and the State of U.P. not to realise the license fee for passing and re-passing on the Municipal roads in the Municipal area of Nagar Palika Parishad, Nainital. They also seek quashing of the Notification dated 1-11-1997, whereby the amended rates of such fees are published.3. By this notification dated 1 -11 -1997, the light vehicles would carry Rs. 500/-, which was the old rate also, while for the taxi cars and the commercial vehicles, instead of Rs. 1,000/-, Rs. 1500/- would be charged. The fees in respect of Mini Bus, Mini Trucks, Metador, D.C.M. Toyota, Canter etc. was increased from Rs. 1,000/- to Rs. 3,000/-. The petitioners have made out this case as a public...
Tehri Hydro Development Corporation Ltd., thro' G.M. Vs. Presiding Off ...
Court: Uttaranchal
Decided on: Nov-03-2004
Reported in: (2005)ILLJ493UC
Prafulla C. Pant, J.1. By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought direction in the nature of certiorari for quashing Order/Award dated August 19, 2001 passed by Presiding Officer, Labour Court, Dehradun.2. Brief facts of the case, as narrated in the writ petition, are that Tehri Dam is being constructed over the confluence of the rivers Bhagirathi and Bhilangana in the District of Tehri for the purposes of generation of electricity and discharge of water for irrigation and other purposes. The said Dam is a joint undertaking of Union of India and the State to the extent of 75% and 25% respectively. Initially Irrigation Department of State of U. P. started the entire project in early seventies. Later, considering the gigantic power complex, it was entrusted to Tehri Hydro Development Corporation Ltd. (hereinafter referred to as the THDC). The THDC is a Government company incorporated in July 1988 under Companies Act, 19...
Smt. Farida Nasir Vs. Chief Engineer, Ganga Ghati/Yamuna Ghati Irrigat ...
Court: Uttaranchal
Decided on: Nov-01-2004
Reported in: [2005(104)FLR289]
Rajesh Tandon, J.1. Heard Sri S.K. Posti learned Counsel for the petitioner and learned Standing Counsel for the Slate.2. By the present writ petition the petitioner has prayed for a writ, order or direction in the nature of Mandamus commanding and directing the respondents to release all the dues including G.P.F., family pension, insurance, gratuity and other dues of her late husband Sri Bishmillah Idrishi in her favour.3. Briefly stated that Late Sri Bishmillah Idrishi was the husband of the petitioner and was serving as Executive Engineer at Tehri Dam Khand.- 22, Tehri and died while in service at P.G.I. Lucknow on 11.10.1999. He was admitted in the P.G.I. Lucknow for getting kidney transplant for which the doctor of P.G.I., Lucknow asked the petitioner to arrange Rs. 2,00,000/- (Rupees Two Lakh only) for getting kidney transplant. During the medical treatment of Late Sri Bishmillah Idrishi at P.G.I. Lucknow, the petitioner has invested a sum of Rs. 2.00 lacs on purchase of medicine...
Smt. Farida Nasir Vs. Cheif Engineer, Ganga Ghati/Yamuna Ghati Irrigat ...
Court: Uttaranchal
Decided on: Nov-01-2004
Reported in: [2005(104)FLR324]
Rajesh Tandon, J.1. Heard Sri S.K. Posti learned Counsel for the petitioner and learned Standing Counsel for the State.By the present writ petition the petitioner has prayed for a writ order or direction in the nature of Mandamus commanding and directing the respondents to release all the dues including G.P.F., family pension, insurance, gratuity and other dues, of her late husband Sri Bishmillah Idrishi in her favour.2. Briefly stated that Late Sri Bishmillah Idrishi was the husband of the petitioner had was serving as Executive Engineer at Tehiri Dam Khand 22, Tehri and died whil in service at P.G.I. Lucknow on 11.10.1999. He was admitted in the P.G.I. Lucknow for getting kidney transplant for which the doctor of P.G.I. Lucknow asked the petitioner to arrange Rs. 2,00,000/- (Rupees Two Lakh only) for getting kidney transplant. During the medical treatment of Late Sri Bishmillah Idrishi at P.G.I. Lucknow, the petitioner has invested a sum Rs. 2.00 lacs on purchase of medicines, hospit...
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