Uttaranchal Court July 2004 Judgments
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Harish Ram Alias Rangila Vs. State of Uttaranchal
Court: Uttaranchal
Decided on: Jul-08-2004
Reported in: 2005CriLJ1596
Irshad Hussain, J.1. The above named appellant was charged and convicted under Section 376 of the Indian Penal Code for committing rape on Km. Vineeta Burphal aged about 9 years at about 3.00 p.m. on 7-8-2000 in the vicinity of village Tuldukri of P.S. Kotwali, Pithoragarh. He was sentenced to undergo Rule 1. for 7 (seven) years together with fine of Rs. 2000/- per judgment dated 18-2-2002 passed by the then Sessions Judge, Pithoragarh in sessions trial No. 38 of 2000.2. The ease of the prosecution is that the victim Km. Vineeta Burphal was a student of class IV of Primary School, Tildukri. On 7-8-2000 at about 3.00 p.m. she went to ease herself in the vacant land near the school building. The victim was over-powered by a miscreant and was forcibly raped. She sustained injury in her private part and started bleeding. She came back to her class with difficulty and was writhing in pain. On being told about the incident the head mistress and other school teachers went to the site of the i...
Manwar Singh Rawat Vs. Additional Director (Consumers) U.P. Co-operati ...
Court: Uttaranchal
Decided on: Jul-08-2004
Reported in: [2005(105)FLR886]
Rajesh Tandon, J.1. By the present writ petition the petitioner has prayed for the issue of a writ of certiorari quashing the termination order dated 14th May, 1985, Annexure-2 to the writ petition.2. Briefly stated the facts giving rise to the present writ petition are that the petitioner was appointed by the Committee of Management of the District Cooperative Development Federation Ltd. as Salesman on 22nd September, 1975. Thereafter, the petitioner was promoted to the post of Depot Incharge and the petitioner was working as a permanent employee on the post of Depot Incharge. The petitioner has stated that his services are governed under the U.P. Cooperative Service Regulations, 1975. He has submitted that he was performing his duties will tout any break and was also getting annual increments. The petitioner while working at Bironkhal as Depot Incharge, there was certain shortage in the stock and the petitioner was asked to pay Rs. 18,352.50. He made representation against the said r...
Rajendra Singh Vs. State of Uttaranchal and ors.
Court: Uttaranchal
Decided on: Jul-08-2004
Reported in: [2005(105)FLR964]
Rajesh Tandan, J.1. Heard the learned Counsel for the parties at length.The present writ petitions have been filed for the issue of a writ in the nature of mandamus commanding the respondents to regularise the petitioners on the post of Draftsman or Forester in the Forest Department.2. Briefly stated the facts giving rise to the present writ petitions are that petitioner Rajendra Singh Negi is working in the Garhwal Forest Division, Pauri since 1.3.89 as Draftsman. Similarly petitioner Dihesh Chand is working in Tons Forest Division since 1.8.1989 oh daily wages. The petitioners have stated that the Forest Department of State of Uttaranchal had published a list of daily wage employees who have been working prior to 29.6.1991. The names of the petitioners have also found place in the said list. The petitioners, were engaged on daily wages on Group 'C' post and also fulfil other necessary qualification for their regular appointment on the post of Draftsman/Forester in the Forest Departme...
New India Assurance Co. Ltd. Vs. Jiwanti Bhandari and ors.
Court: Uttaranchal
Decided on: Jul-07-2004
Reported in: II(2005)ACC258; 2005ACJ104
P.C. Pant, J.1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 30.5.1990 passed by Mr. R.M. Rai, the then learned III Additional District Judge/ Presiding Officer, Motor Accidents Claims Tribunal, Nainital (Camp at Haldwani) whereby in M.A.C. Case No. 106 of 1988 the Tribunal has awarded Rs. 4,58,000 as compensation to the applicants.2. Brief facts of the case giving rise to the present appeal are that on 10.1.1988, Ram Singh Bhandari, the deceased, was travelling from Haldwani to Almora in a bus bearing registration No. URN 9428. The driver of the bus was driving it rashly and negligently. When the bus reached near Khairana, the driver lost control of the bus and it fell in a gorge and caught fire. Ram Singh Bhandari (deceased) and many other passengers got burn injuries and died. The deceased was earning Rs. 1,885 per month as salary. Jiwanti Bhandari, claimant No. 1 is widow of the deceased while Manju Bhandari (claimant No. ...
Committee of Management and anr. Vs. State of Uttaranchal and anr.
Court: Uttaranchal
Decided on: Jul-07-2004
Reported in: (2004)3UPLBEC108
P.C. Pant, J.1. All these writ petitions have been moved under Article 226 of the Constitution of India for a direction in the nature of mandamus commanding the respondents to hold the elections of Members of Committee of Management and that of Chairman and Vice-Chairman of Co-operative Banks within the time stipulated by the Court. It is further prayed in the Writ Petitions No. 353 & 354 both of the year 2002 that the provisions of Section 29(5) of U.P. Co-operative Societies Act, 1965 be declared ultra vires.2. Petitions are aggrieved against the inaction on the part of the Registrar of Co-operative Societies, Uttaranchal for not holding the elections of the Co-operative Societies and preferring to appoint Administrators to run the Management of the Co-operative Societies. In all these writ petitions, facts are almost similar. The petitioners District Co-operative Banks are the Central Co-operative Societies and all the Primary Agricultural Co-operative Credit Societies as well as fe...
Commissioner of Income-tax and anr. Vs. Reading and Bates Exploration ...
Court: Uttaranchal
Decided on: Jul-07-2004
Reported in: (2005)198CTR(Uttranchal)670; [2005]278ITR47(Uttaranchal)
1. This is an appeal under Section 260A of the Income-tax Act, 1961 filed by the Revenue against the judgment and order dated February 28, 2001, passed by the Income-tax Appellate Tribunal, New Delhi, in I. T. A. No. 1723/Delhi of 1995.2. Mr. B. Bruson, the respondent is a non-resident foreign technician employed by a foreign company, Reading and Bates Exploration Co., which in the year under consideration executed contracts in India. During the year under consideration, the respondent was in employment of this company and thus derived income from 'salaries' from it.The questions raised before us are as follows :Questions:'1. Whether, on the facts and circumstances of the case, the Income-tax Appellate Tribunal was legally correct to hold that the salary paid to the assessee for the off period outside India was not chargeable to the Indian Income-tax Act in terms of Section 9(1)(ii) of the Income-tax Act, 1961, whereas the learned Income-tax Appellate Tribunal has itself held, vide ord...
Jaiveer Singh Vs. Regional Manager, Uttaranchal Roadways Corporation a ...
Court: Uttaranchal
Decided on: Jul-07-2004
Reported in: [2005(105)FLR805]
Rajesh Tandon, J.1. Heard Sh. Gopal Narain learned Counsel for the petitioner and Standing Counsel for the respondent.2. 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 impugned suspension order dated 5-11-2003 (Annexure-3 to the writ petition) passed by the respondent. Further prayer was made for a writ of mandamus commanding the respondent to permit the petitioner to discharge his duties and pay the current wages.3. Brief facts giving rise to the present writ petition are that the petitioner was a driver under employment of the respondent. All of a sudden on 22-12-1996, the petitioner was charge-sheeted and domestic enquiry was conducted by the order dated 12-3-1999 and the petitioner was dismissed from the service.4. Against the dismissal order dated 12-3-1999, the petitioner has raised an Industrial Dispute, which was referred to Labour Court Dehradun being Adjudication Case No. 132 of 2000 ...
Nirmala Devi Alias Ghunghera Devi Vs. State of Uttaranchal
Court: Uttaranchal
Decided on: Jul-06-2004
Reported in: 2005CriLJ625
Irshad Hussain, J.1. Appellant Smt. Nirmala Devi has been convicted and sentenced to undergo simple imprisonment for 7 (seven) years under Section 304B, I. P. C, and simple imprisonment for 1 (one) year under Section 498A, I. P. C per judgment and order dated 17-7-2003 in Sessions Trial No. 28/2001.2. The prosecution case briefly stated was that deceased Smt. Urmila Devi entered into wed-lock with Rajendra Prasad Tewari on 4/5-5-2001 and thereafter they lived together as the wife and husband. After some time the husband of the deceased, sister-in-law (Jethani) appellant Smt. Nirmala Devi, brother-in-law (Jeth) Satya Prakash, another brother-in-law (Jeth) Vijay Prakash, mother-in-law Smt. Rukmani Devi, the father of the appellant named as Rama Nand and the uncle of the husband named as Gaina Nand subjected the deceased to harassment for not bringing adequate dowry and at the same time coercing her to bring amount of Rs. 40,000/- from her mother and brother by giving threats that unless ...
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