Uttaranchal Court April 2005 Judgments
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Anusuya Prasad Raturi Vs. State of Uttaranchal
Court: Uttaranchal
Decided on: Apr-29-2005
Reported in: 2005CriLJ2361
Prafulla C. Pant, J. 1. This appeal, preferred under Section 374 read with Section 383 of the Code of Criminal Procedure, 1973 (for brevity hereinafter Cr.P.C.), is directed against the judgment and order dated 1-10-2004 passed by learned Sessions Judge, Chamoli at Gopeshwar, in Sessions trial No. 12 of 2003 whereby, the appellant Anusuya Prasad Raturi has been convicted under Section 302 and under Section 201 of the Indian Penal Code, 1860 (for brevity hereinafter I.P.C.) and sentenced to life imprisonment and fine of Rs. 5,000/- and three years rigorous imprisonment under the aforesaid two sections respectively.2. The prosecution story, in brief, is that Smt. Kamla Devi (PW-1), wife of the deceased submitted a written report (Ext. A-1) with the police station Chamoli on 25-1-2003 that her husband Bahadur Singh (deceased) was missing since 24-1-2003 after 10.00 a.m. after he went towards forest. The next day on 26-1-2003, Smt. Kamla Devi (informant) lodged a First Information Report (...
Bhupendra Ram Vs. State
Court: Uttaranchal
Decided on: Apr-28-2005
Reported in: II(2005)DMC832
Prafulla C. Pant, J.1. This Criminal Appeal, preferred under Section 374 read with Section 383 of Code of Criminal Procedure, 1973 (hereinafter for brevity Cr. P.C), is directed against judgment and order dated 27.9.2000, passed in Sessions Trial No. 61 of 1997, by learned Sessions Judge, Pithoragarh, whereby appellant Bhupendra Ram has been convicted under Section 302 and under Section 201 of Indian Penal Code, 1860 (hereinafter for brevity I.P.C.) and sentenced to undergo life imprisonment and two years rigorous imprisonment, respectively.2. In brief, prosecution story is that Smt. Dropadi Devi (deceased), sister of the complainant Sunder Ram (P.W.1), was married to appellant Bhupendra Ram of village Dauntha in the year 1991. She was living in her husband's house with her in-laws. During the six years of her matrimonial life, it is alleged by the complainant that she (deceased) used to be harassed for non-fulfilment of dowry by her husband and mother-in-law. On 2.6.1997, complainant ...
United India Insurance Company Ltd. Vs. Rukmani Dhami and anr.
Court: Uttaranchal
Decided on: Apr-28-2005
Reported in: IV(2005)ACC489; [2005(106)FLR305]
Rajesh Tandon, J.1. This is an appeal against the judgment and award dated 2.7.2004 passed by the learned Workmen Compensation Commissioner, Pithoragarh in Workmen Claim Case No. 41 of 2003, Smt. Rukmani Dhami v. Jagdish Singh and Anr. by which a sum of Rs. 4,33,820 has been awarded to the claimant/workman, against the appellant/United India Insurance Company Limited alongwith interest @ 8% per annum from the date of filing of the application i.e., 20.6.2003 till the payment.2. Brief facts giving rise to the present appeal are that the claimants Smt. Rukmani Dhami, wife of Sri Bharat Singh Dhami has filed the application for compensation on 20.2.2003 stating therin that late Bharat Singh was employed as a driver of Jeep No. U.P. 30/3949, which was in the ownership of one Sri Jagdish Singh. On 28th January, 2003, he was coming from Kanalichhena to Pupil by the aforesaid Jeep. As soon as the Jeep reached Mitarigaon, the Jeep met with an accident and her husband died instantaneously. It h...
Ravindra Singh Negi Vs. Workmen's Compensation Commissioner and Ors.
Court: Uttaranchal
Decided on: Apr-27-2005
Reported in: [2005(106)FLR808]; (2005)IIILLJ659UC
Rajesh Tandon and B.S. Verma, JJ.1. This is an appeal against the judgment and order dated June 9, 2004 passed by Workmen's Compensation Commissioner, Chamoli. Briefly stated, a claim petition was filed on April 4, 2003 by the claimant under the Workmen's Compensation Act being Case No. 6 of 2002-2003 stating therein that on October 4, 2002, the son of the claimant namely late Deepak Singh was coming from Chamoli on Tata Sumo No. U.A.-07/6891. The vehicle in question was being driven by late Sri Deepak Singh himself. The said vehicle was looted in the forest of Laltappar, P.S. Doiwala and Deepak Singh was done to death and his dead body was recovered from that place, and information of this incident was sent to P.S. Doiwala.2. It has been alleged in the claim petition by the claimant that late Sri Deepak Singh was aged about 19 years and was getting a salary of Rs. 5,500/-. In the Post Mortem Report the age of the deceased has been shown to be 26 years, which is not authenticated. It i...
Dinesh Kumar Sharma Vs. State of Uttaranchal and ors.
Court: Uttaranchal
Decided on: Apr-26-2005
Reported in: AIR2005Utr61
Cyriac Joseph, C.J.1. This Special Appeal is filed against the judgment dated 31-8-2004 rendered by a learned single Judge of this Court in civil Writ Petition No. 1190(S/S) of 2003. The appellant was the fifth respondent in the writ petition which was filed by the fifth respondent herein.2. When this appeal came up for admission on 20-4-2005, Mr. D. S. Patni, learned Counsel for the fifth respondent raised a preliminary objection that the appeal is not maintainable in view of the provisions contained in Rule 5, Chapter VIII of the Allahabad High Court Rules as applicable to the High Court of Uttaranchal and the judgment of the Division Bench of Allahabad High Court in S. B. Nath v. Committee of Management, Anglo Bengali Inter College, Allahabad reported in (1996) 1 UPLBEC 102. The learned Counsel for the appellant was given time to examine the position. Today, we have heard learned Counsel for the appellant and also learned Counsel for the respondent.3. The writ petition was filed cha...
Ram Lal and anr. Vs. Amar Jeet Singh and ors.
Court: Uttaranchal
Decided on: Apr-26-2005
Reported in: IV(2005)ACC132; 2005(4)AWC3119(UHC)
Rajesh Tandon and B. S. Verma, JJ.1. This is an appeal against the judgment and order dated 2.12.1994 passed by Motor Accident Claims Tribunal, Hardwar in Motor Accident Case No. 42 of 1990, Ram Lal and another v. Anil Kumar and 7 others, by which, the claimants have been awarded a sum of Rs. 63,000 along with pendente lite and future interest @ 12% per annum.2. Brief facts giving rise to the present appeal are that on 3.4.1990 at about 11 a.m. Devi Dayal was going to Hardwar along with his advocate in Bus. No. H. R. 10525. The driver of the bus namely Harvansh Singh was driving the Bus very cautiously in moderate speed abiding by all the traffic rules. On 4.4.1990 at about 12-15 in the morning when the Bus reached near Village Majra, one truck trailer No. HRE 8133, which was coming from Hardwar and being driven rashly and negligently by Sri Anil Kumar its driver. In this truck a machine of B.H.E.L. was being carried out, some of the portion of that machine was coming out from both sid...
Smt. Rajeshwari Devi Vs. National Insurance Co. and anr.
Court: Uttaranchal
Decided on: Apr-26-2005
Reported in: 2005(4)AWC3111(UHC)
Rajesh Tandon and B.S. Verma, JJ.1. This is an appeal against the judgment and award dated 25.2.2004 passed by Workmen Compensation Commissioner, by which an amount of Rs. 2,24,000 was awarded as compensation along with interest @ 9% per annum from one month after the date of judgment impugned in the default of payment of compensation.2. Briefly stated, an application was filed on 25th July, 2001 stating therein that the son of the claimant Virendra Singh was conductor in Truck No. UP-01-1137. On 12th October, 2000, the said truck met with an accident near Saitoli while going to Ghat from Nand Prayag. In this accident Virendra Singh, the son of the claimant sustained grievous injuries and was treated in the Primary Health Centre, Ghat for first-aid and (hereafter he was admitted to the District Hospital, Gopeshwar and after some time, he died in the Hospital, Gopeshwar. The claimant has submitted that the age of the deceased was 22 years and he was earning a sum of Rs. 4,000 per month....
New India Assurance Company Ltd. Vs. Dhana Devi and ors.
Court: Uttaranchal
Decided on: Apr-11-2005
Reported in: II(2006)ACC275
Rajesh Tandon, J.1. Heard Mr. T.A. Khan, learned Counsel for the appellant and Mr. R.P. Nautiyal, learned Counsel for the respondents.2. This is an appeal filed by the appellant the New India Assurance Company h challenging the award dated 24.7.2004 by which the Motor Accident Claims Tribunal awarded a sum of Rs. 3,74,400 along with interest @ 5% per annum.3. Brief facts giving rise to the present appeal are that on 24.8.2000, the claimant with her husband Sri Sujan Singh was coming to Karnprayag from Simli for some private work on foot. All of a sudden at about 6.30 p.m. near Rakhri Gadhera a truck bearing No. U.P. 05-0174, which was being driven rashly and negligently met with accident and over-turned and due to the strike by the truck, the deceased fell down into the river and ultimately died.4. The deceased was working in the department of Horticulture and was getting a salary of Rs. 4,330. The compensation has been claimed to the extent of Rs. 10,00,000 (Rupees ten lacs) by the cl...
Kunj Bihari Vs. Special Judicial Magistrate Ii and ors.
Court: Uttaranchal
Decided on: Apr-11-2005
Reported in: 2005(2)AWC1363(UHC); (2005)2UPLBEC41
Prafulla C. Pant, J.1. By means of this writ petition, moved under Article 226 read with Article 227 of the Constitution of India, the petitioner has sought writ in the nature of certiorari calling for the records and quashing of the impugned order dated 21.3.2005 (copy Annexure-4 to the writ petition) passed by the Special Judicial Magistrate, Dehradun, in criminal complaint case No. 1242 of 2004, Cantonment Board v. Kunj Bihari.2. Brief facts of the case as narrated in the writ petition are that the petitioner is owner of bus No. UP-07/ J 8703, having stage carriage permit to ply the vehicle between Dehradun and Dakpathar. The road between Dehradun and Dakpathar is part of National Highway No. 72. This National Highway No. 72 (for brevity hereinafter NH-72) starts from Rishikesh with terminal point at Ambala. The said Highway pass through Dehradun, Ponta Sahib and Nahan. NH-72 was notified as National Highway vide Notification dated 6.1.1999 and before that it was a State Highway. On...
Harima Sipal and ors. Vs. Hari Krishna Joshi and anr.
Court: Uttaranchal
Decided on: Apr-11-2005
Reported in: 2007ACJ1256
Rajesh Tandon, J.1. This is an appeal against the judgment and the award dated 30.8.2003 passed by the Motor Accidents Claims Tribunal, Pithoragarh (hereinafter referred to as 'the Tribunal') in the Motor Accident Claim Petition No. 94 of 2001, Harima Sipal v. Hari Krishna Joshi, by which the Tribunal has awarded a sum of Rs. 12,57,944 as compensation against the opposite party No. 2 along with interest at the rate of 9 per cent per annum from the date of application till the date of payment. The present appeal has been preferred by the claimants for the enhancement of the compensation.2. Brief facts of the case giving rise to this appeal are that the petitioners filed a claim petition before the Motor Accidents Claims Tribunal, Pithoragarh for grant of compensation on account of death of Jas-pal Singh in a motor vehicle accident. The petitioners have alleged that on 28.5.2001 the deceased boarded in jeep No. UP 05-0077 at Dharchula for going to Pithoragarh. The jeep was being driven r...
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