Uttaranchal Court August 2004 Judgments
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Jasbir Singh Virk Vs. State of Uttaranchal, Through Secretary (Seconda ...
Court: Uttaranchal
Decided on: Aug-31-2004
Reported in: (2004)3UPLBEC111
P.C. Pant, J.1. By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought writ in the nature of certiorari for quashing the impugned order dated 9.9.2003 by which the Regional Joint Director of Education, Garhwal Division, Pauri Garhwal has ordered to place the petitioner junior to respondent No. 5 in the seniority list of the Lecturers.2. Brief facts, as alleged in the writ petition are that Sri Guru Nanak Public Boys Inter College is a non-Government recognized and aided Institution of the State Government. The said Institution is run and managed by the Sikh minority community as such the same has character of minority Institution. The petitioner was initially appointed on the post of Lecturer in Punjabi in the aforesaid College on 15.11.1976 on probation, and his appointment was approved by the Deputy Inspector of Schools, Dehradun vide letter No. 2891/76-77, dated 10.10.1977 (copy Annexure-2 to the writ petition). It is alleged ...
Chandrawati (Smt.) Vs. Iiird Additional District Judge and ors.
Court: Uttaranchal
Decided on: Aug-31-2004
Reported in: 2005(1)ARC337
Rajesh Tandon, J.1. Heard Sri P.C. Kandpal, learned Counsel for the petitioner and Sri Rakesh Thapliyal, alongwith Sri J.C. Beiwal, learned Counsel for the respondents.2. By the present writ petition the petitioner has prayed for a writ of certiorari quashing the order dated 27.3.1990 passed by the IIIrd Additional District Judge, Nainital.3. Briefly stated that the facts of the case are that the petitioner is a tenant of the disputed shop No. 11/47 Kasera Bazar, Haldwani, District Nainital. An application under Section 21 (1) (a) of the U.P. Act No. 13 of 1972 was moved on the ground of personal need of the respondent No. 3 for setting-up his business, and also on the ground that the shop in dispute is in a dilapidated condition. A perusal of the application shows that the father of the petitioner Sri Puran Prasad S/o Kanhaiya Lal was the tenant of the landlord-respondents. He died before filing the application. Srnt. Chandrawati was the only heir as will appear from Paragraph-2 of th...
Oriental Insurance Company Ltd. Vs. Chandra Mohan and ors.
Court: Uttaranchal
Decided on: Aug-26-2004
Reported in: II(2005)ACC776
Rajesh Tondon, J.1. Heard the learned Counsel for the parties.2. By the present appeal the applicant has prayed for quashing the award dated 28.2.2002 awarding a sum of Rs. one lac against the Oriental Insurance Company.3. Briefly stated on 18th October, 1995 deceased Vinay Kumar along with his brother Inder Mohan after completing the professional work reached Sonu Paultry Farm situated at Ram Nagar road by motor cycle and was returning to Kashipur; in the meantime the petrol in the motor cycle was finished. The motor cycle was given to Vinay Kumar in the meantime at about 1.15 p.m., when he reached railway crossing, Ram Nagar road, the tractor trolley No. U.P. 02/3858 was coming rashly and negligently as a result of which the tractor trolley dashed Vinay Kumar resulting his death on the spot. Inder Mohan thereafter lodged the report.4. The deceased was a student of High School in Govind Ballabh Pant Inter College and was doing the business of selling the eggs and was earning a sum of ...
Rakesh Vs. State of Uttaranchal
Court: Uttaranchal
Decided on: Aug-25-2004
Reported in: 2005CriLJ227
V.S. Sirpurkar, C.J.1. This judgment shall dispose of the Criminal Appeal No. 115 of 2004 along with Criminal Reference No. 4 of 2004 and also the Criminal Jail Appeal No. 113 of 2004. Originally, four accused persons came to be tried for the offence of murder of one Sarwan alias Gullu. The present appellant, namely, Rakesh alone, was convicted and was sentenced to death. He has filed an appeal against his conviction and sentence, while the Criminal Reference No. 4 of 2004 has been made for confirmation of the death sentence awarded to the accused-Rakesh-.2. The prosecution's story, as revealed from the charge-sheet, is that one Surendra Singh (P.W. 3) made a report in Bhagwanpur Police Station that on 23-3-1999, he came to know that there was a dead body lying and, therefore, he reported the fact of the dead body lying near Sikroda Road in the field of one Bishamber R/o village Farakpur. He also mentioned therein that there was the letter 'Om' tattooed on the left forearm of the dead ...
Rajeshwari Kandari (Smt.) Vs. Rent Control and Eviction Officer and an ...
Court: Uttaranchal
Decided on: Aug-24-2004
Reported in: 2005(1)ARC378
Rajesh Tandon, J.1. Heard the learned Counsel for the parties.2. By the present writ petition the petitioner has challenged the order dated 19.7.1996 passed by the Rent Control and Eviction Officer, Mussoorie.3. Briefly stated that facts giving rise to the present writ petition are that on 20.12.1968 premises No. 235/2 Landour Bazar was allowed in favour of the petitioner by the R.C. and E.O. Mussoorie. The husband of the petitioner Sri Bachan Singh was having two wives. His another wife Smt. Purni Devi was living in the village with her children. The petitioner was living with her husband alongwith his children in the disputed property. The petitioner has submitted that her husband died on 16th August 1987. In the year 1993 Smt. Purni Devi have taken an accommodation in the Ganesh Housing Cooperative Society, Mussoorie. On 7.7.1994, that landlord has given notice of vacancy on the ground that the petitioner had occupied accommodation in Ganesh Housing Society and as such the premises ...
Surendra Singh Alias Babloo and Etc. Vs. State of Uttaranchal
Court: Uttaranchal
Decided on: Aug-24-2004
Reported in: 2004CriLJ4503
V.S. Sirpurkar, C.J. 1. This judgment shall dispose of the Criminal Appeal No. 58 of 2004 along with Criminal Reference No. 3 of 2004 and also the Criminal Appeal No. 56 of 2004. Criminal Appeal No. 56 of 2004 has been filed by the accused-Smt. Naresho against the conviction under Section 120B, I.P.C. and the resultant sentence for life imprisonment. Criminal Appeal No. 58 of 2004 has been filed by the accused-Surendra Singh, who is also convicted for the same offence under Section 302, I.P.C, but has been awarded death sentence. A reference is made only for confirmation of the death sentence awarded by the Sessions Judge. Needless to mention that both the accused-appellants were tried in a common sessions trial, where one Shiv Kumar alias Shibbu was said to have been murdered in the night of 23/24th February, 1993. While accused-Surendra Singh, who was accused No. 1 in the trial, was charged with a substantive offence, the accused-Naresho, who was accused No. 2 in the trial, was roped...
New India Assurance Co. Ltd. Vs. Noorjahan and anr.
Court: Uttaranchal
Decided on: Aug-24-2004
Reported in: II(2006)ACC376
P.C. Verma, J.1. This appeal has been preferred under Section 30 of the Workmen's Compensation Act, 1923 (in short 'the Act') against the judgment and award, dated 24th July, 2002, passed in Case No. W.C.A. 23 of 1998, Smt. Noor Jahan v. Sri Mahmood Alam and Anr. by the Workmen's Compensation Commissioner & Asstt. Labour Commissioner, Kumaun Region, Haldwani (hereinafter referred to as the Commissioner), whereby the learned Commissioner has awarded a sum of Rs. 2,26,380 alongwith 12% per annum simple interest, i.e. Rs. 81,495 (total Rs. 3,07,875) in favour of the claimant-respondent No. 1 with certain directions, as against the opposite party No. 2-appellant. Aggrieved, the Insurance Company-appellant has come up in appeal and framed the substantial question of law in memo of appeal that the death was direct result of the accident was not proved and there was breach of the insurance policy by the O.P. No. 1 and with a prayer to set aside the impugned judgment and award and has assailed...
Oriental Insurance Co. Ltd. Vs. Nafis Ahmad and ors.
Court: Uttaranchal
Decided on: Aug-24-2004
Reported in: III(2005)ACC107; 2006ACJ2375
P.C. Verma, J.1. This appeal has been preferred under Section 173 of Motor Vehicles Act, 1988 (in short 'the Act') against the judgement and award dated 28.10.2003, passed in M.A.C. Petition No. 121 of 2001, Nafis Ahmad v. Quamar Jahan Hashami, by the Motor Accidents Clamis Tribunal/ Additional District Judge, I F.T.C., Udham Singh Nagar (hereinafter referred to as 'the Tribunal'), whereby learned Tribunal has awarded a sum of Rs. 3,46,000 along with interest at the rate of 5 per cent annum in favour of claimant-respondent No.1 as against the opposite party No.2 appellant. Aggrieved, insurance company has come up in appeal with a prayer to set aside the impungned judgement and award mainly on the ground holding of valid driving licence by the driver of offending bus No. URM 8505 and breach of policy conditions as well as quantum of compensation and it has been contended that the findings of the learned Tribunal are not based on the evidence on record.2. Brief facts are that claim petit...
Uttaranchal Jal Vidyut Nigam Ltd. and anr. Vs. P.O., Labour Court and ...
Court: Uttaranchal
Decided on: Aug-23-2004
Reported in: (2004)IIILLJ533UC
Prafulla C. Pant, J.1. This writ petition has been moved under Article 226 of the Constitution of India for quashing the impugned order dated May 21, 2001 and June 22, 2001 passed by Labour Court, Dehradun.2. Brief facts of the case are that U.P. Jal Vidyut Nigam is a company registered under Companies Act, 1956. The respondent No. 3 to 21 are the persons who belong to Bhutpurva Sainik Kalyan Nigam. There is no direct engagement of these 19 respondents with the petitioner; and the petitioners took work from these persons through the aforesaid Nigam. The said 19 respondents filed an application under Section 33C(2) of the Industrial Disputes Act, 1947 before Labour Court, Dehradun claiming certain payment of wages. Since these respondents were not workmen, their application under Section 33C(2) is alleged to be not maintainable under Section 33C(2) of the aforesaid Act. The petitioners have alleged that the Labour Court award against the petitioner is illegal on the ground that the liab...
Guru Nanak Ice Factory Vs. Uttaranchal Power Corporation and ors.
Court: Uttaranchal
Decided on: Aug-21-2004
Reported in: AIR2005Utr1
V.S. Sirpurkar, C.J.1. Heard with the contest of Mr. C.D. Bahuguna, learned counsel for the petitioner and Mr. Ranjit Saxena, learned Standing Counsel for the Uttaranchal Power Corporation. Mr. Ranjit Saxena, learned counsel has produced before us the original record.2. In this writ petition, the petitioner, which is an Ice Factory at Gadarpur, challenges the order passed by the Appellate Committee formulated under Regulation 23 of the Electricity Supply (Consumers) Regulations, 1984. Shortly stated, the case of the petitioner is as under :The petitioner used to run an ice factory. According to him, his total consumption of electricity for the factory was initially 39.5 horse power. According to him, on 18-4-1995, a team of engineers visited the factory, inspected the equipments and examined the capacity of the consumption of the equipments and machines. They found the total consumption as 39.5 horse power and, therefore, they directed the petitioner factory by order dated 18-4-1995 to...
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