Uttaranchal Court May 2005 Judgments
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Baraf Singh Vs. State of Uttaranchal
Court: Uttaranchal
Decided on: May-09-2005
Reported in: 2005CriLJ3212
Prafulla C. Pant, J.1. This appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (for brevity hereinafter Cr. P.C.), is directed against the judgment and order dated 1 -9-1988 passed by learned Sessions Judge, Tehri, in Sessions trial No. 31 of 1987 whereby, the appellant Baraf Singh has been convicted under Section 302 of the Indian Penal Code, 1860 (for brevity hereinafter I.P.C.) and sentenced to undergo life imprisonment.2. In brief, prosecution story is that P.W. 3, Asharh Singh (informant & step brother of the deceased), resident of village Ratoli, on 12-8-1987 at about 9.00 p.m. lodged the First Information Report (Ext. A-1) with patti patwari Khandogi (District Tehri) informing that Rai Singh of his village told him that Gunda alias Govind Singh (P.W. 1), resident of village Andethi, of village Andethi had seen appellant Baraf Singh quarrelling with a man at about 6.00 p.m. and thereafter appellant had also been seen hitting said person with stones. On th...
Anup Singh Alias Appu and ors. Vs. State of Uttaranchal
Court: Uttaranchal
Decided on: May-06-2005
Reported in: 2005CriLJ3373
Prafulla C. Pant, J.1. This Criminal Appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (hereinafter for brevity Cr. P.C.), is directed against judgment and order dated 5-12-2003, passed in Sessions Trial No. 69 of 2001, by the then learned Sessions Judge, Pauri-Garhwal, whereby appellants-Anup Singh alias Appu, Dippi alias Vilaschand and Deepu alias Deepak are convicted under Section 302 read With Section 34 of Indian Penal Code, 1860 (hereinafter for brevity, I.P.C.) and each one of them is sentenced to life imprisonment and fine of Rs. 5,000/- in default of payment of which convicts were further directed to undergo six months simple imprisonment.2. In brief, prosecution story is that 12-9-2001 at about 2.35 p.m., a First Information Report (Exh. A-l) was lodged with the Police Station Kotdwar by Dabbal Singh Negi (P.W. 1), father of the deceased, stating that at 2.00 p.m. on said date, his son Rishi Mohan (deceased) was going from his house towards Durgapur cros...
Smt. Poonam Devi Vs. State of Uttaranchal Through the Secretary, Fores ...
Court: Uttaranchal
Decided on: May-06-2005
Reported in: [2005(106)FLR303]
Rajesh Tandon, J.1. Both the parties have agreed that let the matter be decided finally directing the respondents to consider the representation of the petitioner in the light of the facts.Briefly stated, the husband of the petitioner late Sri Udai Singh had been working in the Forest Department on daily wage basis since January, 1984 under the Divisional Forest Officer, Dehradun Forest Division, 5 Tilak Road, Dehradun. In paragraph 4 of the writ petition, it has been mentioned that in pursuance of the order dated 7th July, 1999, the husband of the petitioner was getting the minimum salary and allowances. Paragraph 4 is quoted below:That Hon'ble Justice O.P. Garg as he then was had been pleased to pass interim order in the aforesaid writ petition the operative portion of the order dated 7.7.1999 is reproduced below for ready reference:In the meantime, if the petitioner's are actually working on daily wage basis for more than 240 days and their claim for regularization in service has al...
Balram Singh Parihar Vs. Union of India (Uoi) and anr.
Court: Uttaranchal
Decided on: May-06-2005
Reported in: AIR2005Utr59
Cyriac Joseph, C.J.1. The petitioner is a citizen of India and holder of Passport No. A4710530 issued by the Passport Officer, Barrenly on 5-3-1998. As per Annexure 3 Notice dated 26-2-2003, the second respondent Passport Officer, Barreilly directed the petitioner to explain why his passport should not be impounded under the relevant section of the Passport Act, 1967. The ground stated in the said notice was that it had been brought to the second respondent's notice that several criminal cases had been registered against the petitioner in the different courts of law in India. In reply to Annexure 3 Notice, the petitioner sent Annexure 4 Letter dated 11-3-2003 stating that when he applied for the passport, no criminal case was pending against him and that he was not convicted and sentenced to imprisonment by any Court in India for any criminal offence. It was also stated that there was no order passed by any Court till then prohibiting the petitioner from leaving India. The petitioner a...
United India Insurance Company Limited Vs. Manju Gupta and ors.
Court: Uttaranchal
Decided on: May-06-2005
Reported in: IV(2005)ACC458
P.C. Verma, J.1. Both these appeals under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') arise out of the same Motor Accident and similar questions are involved for determination in these appeals, therefore, for convenience they are being decided by this common order.2. A.O. No. 42 of 2002 has been preferred against the judgment and award dated 12.2.2001 passed by the Motor Accident Claims Tribunal/Addl. District Judge, Dehradun in M.A.C. Petition No. 380 of 1991, Smt. Manju Gupta and Ors v. Jagat Singh Negi and Ors. whereby the Claim Petition was decreed for compensation of Rs. 2,00,000 along with interest @ 9% per annum as mentioned in the impugned order against the O.P. appellant.3. A.O. No. 41 of 2002 has been preferred by the Insurance Company-appellant against the judgment and award dated 12.12.2001 passed by the learned Tribunal in M.A.C. Petition No. 432 of 1991, Jagat Singh Negi and Ors. v. Ganga Ram and Ors. awarding compensation of Rs. 60,000 along with @ ...
Naresh Kumar Alias Billu Vs. State of Uttaranchal and ors.
Court: Uttaranchal
Decided on: May-06-2005
Reported in: (2006)IILLJ509UC
ORDERRajesh Tandon, J.1. Heard Sri Pankaj Miglani learned Counsel for the petitioner and learned Standing Counsel for the respondents.2. By the present writ petition the petitioner has prayed for setting aside the order dated July 22, 2004 passed by the respondent No. 3 contained as Annexure-3 to the petition and to issue an order or direction in the nature of mandamus directing the respondent No. 3 to refer the dispute to the Labour Court for its adjudication.3. Briefly stated, the petitioner has been working as Beldar since March 4, 1982 till February 23, 1989 with respondent No. 4. On February 24, 1989, he was stopped from doing work and his services were retrenched without following the procedure as has been prescribed under Section 6-N of U.P. Industrial Disputes Act, 1947.4. On January 17, 2004, the petitioner made an application to the Conciliation Officer under Section 2-A of the U.P. Industrial Disputes Act along with the application for condonation of delay and the case was r...
Jasram Joshi Vs. Director, Baal Vikas Pariyojana and anr.
Court: Uttaranchal
Decided on: May-06-2005
Reported in: [2005(106)FLR184]
Rajesh Tandon, J.1. By the present writ petition the petitioner has prayed for a writ of certiorari quashing the order dated 5.7.2003 passed by the respondent No. 1 and for a writ of mandamus commanding the respondents to consider the petitioner for promotion to a class III post.2. Briefly stated, the petitioner was appointed on class IV post by District Programme Officer, Rampur on 26.10.1990 and since then the petitioner has been discharging his duties as an class IV employee. The petitioner has submitted that he is intermediate passed and having vast experience of typing, accounts and office routine works, therefore, he was discharging the work of a class III employee in the office of the respondents. He also filed certificates issued by his officers in this connection. Some persons filed false and fabricated complaints against the petitioner and he was suspended on 25.2.2003 by the respondent No. 1. While the petitioner was under suspension he was frequently transferred and he was ...
(Smt.) Shashi Joshi Vs. Union of India (Uoi) and ors.
Court: Uttaranchal
Decided on: May-05-2005
Reported in: [2005(106)FLR539]
Rajesh Tandon, J.1. Both the parties have submitted that in view of paragraph 8 of the counter affidavit, where it has been mentioned that the case of the petitioner had not yet been closed and not rejected finally and therefore, both the parties have agreed that let the writ petition be decided finally directing the respondents to finalize the scheme for appointment on compassionate ground expeditiously.2. Briefly stated, the husband of the petitioner namely late Sri Sohan Lal Joshi was posted as Postal Assistant under the respondent No. 3 in Head Post Office Gopeshwar, District Chamoli.According to the petitioner, Sri Sohan Lal Joshi was a confirmed employee of the respondents and put in a continuous service of nearly 26 years. He died on 23rd February, 2001 at about 6:30 A.M. in District Hospital, Gopeshwar while he was still in service.Learned Counsel for the petitioner has submitted that the deceased has left throe daughters and three sons and as such she has lost bread-earner in ...
Smt. Vimla Devi Bisht and anr. Vs. State of Uttaranchal and ors.
Court: Uttaranchal
Decided on: May-05-2005
Reported in: 2005(4)AWC3109(UHC)
Rajesh Tandon, J.1. By the present writ petition the petitioner has prayed for a writ in the nature of mandamus to pay the salary to the petitioner No. 1 in C. T. Grade with effect from 12.1.1987 and in L.T. grade with effect from 12.1.1992 and to the petitioner No. 2 in C.T. grade with effect from 18.1.1987 and in L.T. grade with effect from 18.1.1992.2. Briefly stated the facts giving rise to the present writ petition are that the petitioners were initially appointed as Assistant Teachers in B.T.C. grade in the Bhawani Balika Inter College, Ballupur, Dehradun. The petitioner No. 1 was appointed on 12.1.1982 and petitioner No. 2 was appointed on 18.1.1982. The petitioners have submitted that after completing five years of service they were entitled for promotion in the C.T. grade as per Regulation 7 (2) of Chapter 2 of U.P. Intermediate Education Act. The petitioners were qualified teachers and they were entitled to be promoted in C.T. grade after completing five years service and fur...
Nandi Devi Vs. Mangal Singh Koshyari and anr.
Court: Uttaranchal
Decided on: May-05-2005
Reported in: IV(2005)ACC647; 2007ACJ1317
P.C. Verma, J.1. This appeal has been preferred Under Section 173 of Motor Vehicles Act, 1988 (in short 'the Act') against the judgment and award dated 4.7.2003, passed in the M.A.C. Petition No. 112 of 2002, Nandi Devi v. Mangal Singh by the Motor Accidents Claims Tribunal/District Judge, Nainital (hereinafter referred to as 'the Tribunal'), whereby the learned Tribunal dismissed the claim petition filed by the claimant-appellant.2. Brief facts giving rise to the present appeal are that the claimant-appellant filed claim petition under Section 166/140 of the Act before learned Tribunal for compensation of Rs. 11,60,000 with the allegation that on 11.11.2000 her son Kundan Singh was going from Pithoragarh to Haldwani by vehicle No. UP 03-3178 along with his goods loaded thereon; that at about 5 p.m. near village Sheragaon (Ghat) suddenly the steering went out of order with the result the vehicle fell down in the khud with the result Kundan Singh sustained grievous injuries on different...
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