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Uttaranchal Court June 2004 Judgments

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Jun 15 2004

National Insurance Co. Ltd. Vs. Hansi Bisht and ors.

Court: Uttaranchal

Decided on: Jun-15-2004

Reported in: III(2005)ACC89; 2005ACJ794

Rajesh Tandon, J.1. Present appeal has been filed against the judgment and award dated 12.8.1997 passed by the Motor Accidents Claims Tribunal, Nainital.2. Briefly stated the facts giving rise to the present appeal are that ten claim petitions under Section 166A of the Motor Vehicles Act, have been filed by the claimants for compensation in respect of the accident which took place on 8.5.1993 at 8.30 a.m. involving bus No. UP 02-5870. The petitioners have stated that deceased Jeewan Singh, Bhopal Singh, Ram Lal Sah, Godhan Singh, Khim Singh, Daulat Singh, Dr. Mukesh Sati, Baldeo Prasad, Madan Singh, Hira Singh and others started their journey from village Saur Vinayak on 8.5.1993 in bus No. UP 02-5870 for Katabagh. They were the members of a marriage party of Rajendra Singh Bisht. The bus was being driven rashly and negligently. When the bus reached near Burao Pahar, it met with accident and rolled into khad causing the death of the deceased persons.3. The respondent No, 1 contested th...


Jun 07 2004

Pranveer Singh Vs. State of Uttaranchal and ors.

Court: Uttaranchal

Decided on: Jun-07-2004

Reported in: (2004)3UPLBEC97

Rajesh Tandon, J.1. Heard the learned Counsel for the parties.2. Present writ petition has been filed for the issue of a writ order or direction in the nature of mandamus commanding the respondents to decide the option submitted by the petitioner for reliving him for the State of Uttar Pradesh.3. Brief facts giving rise to the present writ petition are that the petitioner is presently posted as Lab Technician, Primary Health Centre, Chamba, District Tehri Garhwal.4. The petitioner has stated that he is permanent resident of State of U.P. After creation of State of Uttaranchal, the Secretary, Medical Health and Family Welfare passed an order to relieve the employees to State of U.P. who has opted for the State of U.P. in which the name of the petitioner was placed on Serial No. 33. On 11.3.2003, petitioner has made a representation for reliving him from Uttaranchal for the State of U.P. but no action has been taken by the authorities concerned on the application of the petitioner.5. Pet...


Jun 07 2004

Urmila Devi (Smt.) and anr. Vs. State of Uttaranchal and ors.

Court: Uttaranchal

Decided on: Jun-07-2004

Reported in: (2004)3UPLBEC100

Rajesh Tandon, J.1. Heard the learned Counsel for the parties.2. Present writ petition has been filed for the issue of a writ order or direction in the nature of mandamus commanding the respondents to decide the option submitted by the petitioners for reliving them for the State of Uttar Pradesh.3. Brief facts giving rise to the present writ petition are that the petitioner No. 1 is presently posted as Staff Nurse and petitioner No. 2 her husband is posted as Stenographer in the Government Base Hospital, Almora.4. The petitioners have stated that they are permanent resident of State of U.P. On creation of State of Uttaranchal, they have given their option for the State of U.P. in the month of October, 2000 through proper channel. On 20.2.2002 and 3.4.2002, the petitioners have made representations for reliving them from Uttaranchal for the State of U.P. but no action has been taken by the authorities concerned on the representations of the petitioner.5. Petitioners have stated that the...


Jun 07 2004

Pankaj Kumar Bhatt Vs. Bharat Sanchar Nigam Ltd. and ors.

Court: Uttaranchal

Decided on: Jun-07-2004

Reported in: [2004(102)FLR428]; (2004)3UPLBEC89

Rajesh Tandon, J.1. Heard the learned Counsel for the parties at length.2. By the present writ petition the petitioner has prayed for the issue of a writ in the nature of mandamus directing the respondents to appoint the petitioner on a suitable post on compassionate ground under Dying-in-Harness Rules.3. Briefly stated the facts giving rise to the present writ petition are that the father of the petitioner namely Sri Anand Mani Bhatt was working as Telephone Operator in the Telecommunication Department, Srinagar Garhwal, who died in harness on 5.1.2001 due to massive heart attack. The petitioner has submitted that after the death of his father, his mother had moved an application to the respondents for compassionate appointment of the petitioner Pankaj Kumar Bhatt, but since the post in Group-C was not available in the office of respondent No. 3, the petitioner was asked to take his appointment on a Group-D post. The petitioner has given his consent on 23.8.2001, stating therein that ...


Jun 03 2004

Jibanand Sharma S/O Sri Ram Sharan Sharma and anr. Vs. State of Uttara ...

Court: Uttaranchal

Decided on: Jun-03-2004

Reported in: (2004)3UPLBEC92

M.M. Ghildiyal and Rajesh Tandon, JJ.1. Heard Sri L.P. Naithani, learned Senior Counsel assisted by Sri Rakesh Thapaliyal, Ad. for the petitioners and Sri U.K. Uniyal, learned Addl. Advocate General for the State.2. This writ petition has been filed by the petitioners with a prayer to issue writ, order or direction in the nature of certiorari quashing the impugned Government Order dated 24.5.2004, issued by the respondent No. 1 so far as it relates to the transfer of teachers working if Government Institutions.3. Recently, the Apex Court in Writ Petition No. 122 of 2004, (D. No. 305/2004) in Dr. B. Singh v. Union of India and Ors., has laid down guidelines, the same is quoted as under :--'Public Interest Litigation is a weapon which has to be used with great care and circumspection and the judiciary has to be extremely careful to see that behind the beautiful veil of public interest an ugly private malice, vested interest and/or publicity seeking is not lurking. It is to be used as an ...


Jun 02 2004

Kamala Kumari Vs. Sunil Kumar and anr.

Court: Uttaranchal

Decided on: Jun-02-2004

Reported in: 2006ACJ1304

Rajesh Tandon, J.1. This is an appeal against the judgment and award dated 24.2.1996 passed by the Motor Accidents Claims Tribunal, Uttarkashi.2. The petitioners have filed a petition under Section 166 of the Motor Vehicles Act, for the grant of compensation due to the death of Kuldip Singh. The deceased was working in Tehri Hydro Development Corporation and was getting a salary of Rs. 2,270 per month. The petitioners were the father and mother of the deceased. It appears that Veer Singh, father of the deceased, died during the pendency of the petition.3. The petitioners have stated that the deceased died in a motor vehicle accident on 5.12.1992 at 3.30 p.m. at Barethi Chungi Chowki, Uttarkashi involving Maruti van No. UP 08-669. It has been alleged by the petitioners that the accident was caused due to rash and negligent driving by the driver of the vehicle in question. Deceased was unmarried.4. Opposite parties have contested the petition and have filed their respective written state...


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