Uttaranchal Court March 2005 Judgments
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Hasmat Ullah Khan Vs. State of Uttaranchal
Court: Uttaranchal
Decided on: Mar-21-2005
Reported in: 2005CriLJ2266
J.C.S. Rawat, J.1. This is a criminal appeal filed by the appellant against the judgment and the order dated 27-8-1987 passed by Sri Mohan Singh, the then Sessions Judge, Almora in S.T. No. 20 of 1987 whereby the appellant has been convicted and sentenced Under Section 459, I.P.C. to undergo R.I. for 10 years and 380, I.P.C. to undergo R.I. for 3 years. Both the sentences were ordered to run concurrently.2. The case of the prosecution, in brief, is that on 19-5-1986 at 3.30 a.m. Sunder Singh PW-1 was sleeping on the first floor of his house situated in village Syalidhar, district Almora. The complainant woke-up after hearing some sound and found that the appellant entered into his house after breaking the window of the house. The complainant asked who was that person, whereupon the appellant threatened him with dire consequences. Without caring for his life the complainant made an attempt to catch-hold of the appellant. The complainant raised the alarm. The appellant made an attempt to...
Anup Kumar Kandwal and anr. Vs. District Magistrate and ors.
Court: Uttaranchal
Decided on: Mar-19-2005
Reported in: 2005(2)AWC1371(UHC); [2005(105)FLR961]; (2005)IIILLJ544UC
Prafulla C. Pant, J.1. By means of this writ petition, moved under Article 226 of the Constitution of India, petitioners have sought mandamus commanding the respondents No. 1 to 3 to regularize their services against the posts of drivers.2. Brief facts of the case as narrated in the writ petition are that the petitioners are working as Jeep drivers in Tehsil--Karn Prayag and Pokhri in the district Chamoli. Petitioner No. 1 was appointed as jeep driver on 8.5.1999. However, after two months respondents stopped paying salary to the petitioner No. 1 but . continued to take work from him. It is alleged that he was assured to be paid the arrears of salary after his services are regularized. Petitioner No. 2 was also appointed as jeep driver on temporary basis w.e.f. 8.6.1999 in the pay scale of Rs. 3,050-4,590. His salary too was stopped after two months and he was also assured that arrears of salary will be paid after his services are regularized. It is alleged in the writ petition that th...
Bachi Singh Vs. Chief Development Officer and anr.
Court: Uttaranchal
Decided on: Mar-19-2005
Reported in: 2005(3)AWC2433; [2005(105)FLR458]
Prafulla C. Pant, J.1. By means of this Writ petition, moved under Article 226 of the Constitution of India, the petitioner has challenged the order dated 25.6.1997 (copy Annexure-3 to the writ petition) whereby his services were terminated from the Group 'D' post.2. Brief facts of the case, as narrated in the writ petition, are that the petitioner was appointed as Class IV employee as 'Patrawahak' in the Kshetriya Gramya Vikas Sansthan of Rural Development Department. He joined his duties on 23.11.1995 in pursuance of the appointment letter dated 22.11.1995 (copy Annexure-1 to the writ petition). Before the appointment, an interview was held on 20.11.1995 on the basis of the list, containing names including that of the petitioner, forwarded by the Employment Exchange. However, suddenly the services of the petitioner were terminated w.e.f. 25.6.1997 (copy Annexure-3 to the writ petition). The petitioner has challenged the said order on the ground that he had completed more than one and...
Engineering Drawing Services Association Irrigation Department Vs. Sta ...
Court: Uttaranchal
Decided on: Mar-18-2005
Reported in: 2005(3)AWC2435; [2005(105)FLR462]
Prafulla C. Pant, J.1. By means of this writ petition, moved under Article 226 of the Constitution of India, Engineering Drawing Services Association of Irrigation Department, have sought mandamus directing the respondents to pay the same pay scale admissible to Draftsman (Mechanical) on the basis of 'equal pay for equal work' to the members of the petitioner's association, who are working as Draftsmen (Civil) which is a post equivalent to the said post of Draftsmen (Mechanical).2. Heard learned counsel for the parties and perused the record.3. Brief facts of the case are that the members of the petitioner's association are working as Draftsmen (Civil) in Department of Irrigation and their Association is recognised vide order dated June 21, 2002 (copy Annexure-1 to the writ petition) of the Government of Uttaranchal. In the Department of Irrigation itself, there are other Draftsmen who are working as Draftsmen (Mechanical), who find their places in the same seniority list in which the ...
Prakash Bhatt and ors. Vs. Devki Nandan Bhatt and ors.
Court: Uttaranchal
Decided on: Mar-15-2005
Reported in: AIR2005Utr62
Prafulla C. Pant, J. 1. These two applications No. 5467 of 2004 and 5981 of 2004 have been moved on behalf of respondent Nos. 1 and 2 for correction/amendment in the judgment and Order dated 18.2.2003 passed in A.O. No. 198 of 2002 and 199 of 2002 and decree followed therefrom.2. Heard learned counsel for the parties at length and perused the entire record.3. This case has a chequered history. A Suit No. 13 of 1999 was Instituted by the appellant. Sri Prakash Bhatt against Sri Ganesh Bhatt and Sri Devki Nandan Bhatt (present respondents) for perpetual prohibitory injunction that the defendants be restrained from interfering in the peaceful possession of plot Nos. 4 and 5 situated at Vernon Cottage Compound, Tallital, Nainital owned by him. Another Cross Suit No. 51 of 2000 was filed by Sri Devki Nandan Bhatt and Sri Ganesh Bhatt (present respondents) against Sri Prakash Bhatt, Smt. Sunita Pandey, Sri Urba Dutt Pandey, Sri Radha Ballabh Pandey, Smt. Asha Pant and Sri Sharat Chand Tiwari...
Ram Kumar Sharma Vs. District Magistrate/Administrator, Nagar Palika P ...
Court: Uttaranchal
Decided on: Mar-09-2005
Reported in: (2005)2UPLBEC52
Prafulla C. Pant, J. 1. This Special Appeal has been preferred under the Rules of the Court, 1952, and directed against judgment and order dated 22.6.2004 passed by learned Single Judge of this Court, whereby he has dismissed the Writ Petition No. 357 of 2002 (S/S) alongwith Writ Petition No. 130 of 2002 (S/B).2. Brief facts of the case are that one Shri Jai Bhagwan Sharma (father of the appellant) was a cashier with Nagar Palika, Hardwar. He was placed under suspension on 5.10.1984 and was charge-sheeted in the departmental proceedings. He also stood trial in connection with crime No. 531 of 1984 under Section 409 of I.P.C. In the departmental enquiry, charges of misconduct were found proved against him and his services were terminated vide order dated 19.2.1987. Against said order of termination from service, Shri Jai Bhagwan Sharma preferred departmental appeal, which was also dismissed on 26.4.1988. However, thereafter it appears that he got acquitted of the charge of offence punis...
Umed Singh Alias Med Singh and anr. Vs. State
Court: Uttaranchal
Decided on: Mar-09-2005
Reported in: 2005CriLJ3763
1. Appellants Umed Singh and Shiv Kumar alias Sibbal stand convicted and sentenced to undergo imprisonment for life each under Section 395, IPC, R.I. for ten years each under Section 397, IPC; R. I. for ten years each under Section 412, IPC and R.I. for one year each under Section 25 of the Arms Act, per judgment and order dated 29-9-2001 passed by Additional Sessions Judge IV (FTC), Dehradun in Sessions Trial Nos. 104/1998, 156/1998 and 157/1998. The sentences were directed to run concurrently.2. Briefly stated the prosecution case was that in the night between 3/4-2-1998 at about 2.15 a.m. five or six miscreants entered inside the house of informant Manoj Sharma (P.W. 1) in the campus of Guru Ram Rai Degree College within the Circle of P.S. Kotwali, Dehradun after breaking open the door of the house of the informant and started assaulting Surendra Sharma and Smt. Mithlesh Sharma, the parents of the said informant: Hearing the alarm raised and noise created, informant and his wife wok...
Bhu Prakash and anr. Vs. District Judge and ors.
Court: Uttaranchal
Decided on: Mar-04-2005
Reported in: 2005(1)ARC715
Rajesh Tandon, J.1. Heard Mr. Sharad Sharma, learned Counsel for the petitioners and Sri P.C. Maulekhi, learned Counsel for the respondents.2. By the present writ petition, the petitioners have prayed for a writ, order or direction in the nature of certiorari quashing the orders dated 15.7.2004 & 14.10.2004 passed by respondents No. 2 and 1 respectively.3. Factual Aspects of the Case:- Briefly stated, the petitioners have filed this petition against the judgment and order dated 14.10.2004 passed by the District Judge in Rent Control and Appeal No. 9 of 2004 under Section 22 of Act No. 13 of 1972 thereby confirming the judgment/order passed by respondent No. 2 in Prescribed Authority Case No. 10 of 1995 Virendra Swaroop Gupta v. Bhu Prakash dated 5.7.2004 by virtue of which the petitioners have been directed to vacate the premises in question, which is in their possession.4. According to the petitioners, late husband of the respondent No. 3 alleged to have purchased the property by virt...
Heera Singh Vs. State of Uttaranchal
Court: Uttaranchal
Decided on: Mar-04-2005
Reported in: 2005CriLJ2062
Irshad Hussain, J.1. Appellant Heera Singh has been convicted and sentenced to undergo imprisonment for life under Section 304-B, I.P.C. for having committed the dowry death of his wife Smt. Maya Devi in the night between 7/8-3-2002, per judgment and order dated 14/16-8-2003, in Sessions Trial No. 261/2002.2. According to the prosecution, victim Smt. Maya Devi was married to appellant Heera Singh on 16-4-2001, where after they started residing together in village Thapliya Ganja, within the Patwari Circle Sayat of District Nainital. Appellant's father Govind Singh and mother Smt. Munni Devi were also residing in the same house. On 9-3-2002 at about 4.35 p.m. written information, Ext.-1 about the unnatural death of Smt. Maya Devi was given to Circle Patwari, Tej Singh Negi (P.W. 5) by Govind Singh Negi, the father of the appellant. It contained the information that yesterday morning of 8-3-2002 the appellant's mother went inside the room where the appellant and his wife were sleeping. Ap...
Mukesh Kumar Mittal Vs. U.P. Finance Corporation and anr.
Court: Uttaranchal
Decided on: Mar-02-2005
Reported in: AIR2006Utr2; IV(2006)BC495
Prafulla C. Pant, J. 1. This appeal, filed under Order XLIII, Rule 1 of the Code of Civil Procedure, 1908, is directed against the order dated 8.9.2003 passed by, the then learned Additional District Judge/IInd Fast Tract Court, Udham Singh Nagar, in Civil Suit No. 52 of 2003, whereby prayer for temporary injunction has been refused.2. Brief facts of the case, giving rise to this appeal, are that the plaintiff agreed on 11.3.2001 to respondent No. 2 in response to his public notice to purchase the industrial unit namely, M/s. Agarwal Products for rupees 45 lakhs for which he made his offer with a draft of Rs. 1,10,000. On 5.7.2001, he paid further rupees 15 lakhs as an advance payment out of the total consideration in response to which, as per agreement, the possession of the industrial unit was handed over to the plaintiff (appellant). Again, on 25.2.2002 plaintiff further paid Rs. 5,96,586 to the respondent No. 2, as such, the total payment made is Rs. 20,96,586. But, he failed to ma...
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