Uttaranchal Court June 2005 Judgments
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Uttaranchal Sikh Federation and ors. Vs. State of Uttaranchal and ors.
Court: Uttaranchal
Decided on: Jun-30-2005
Reported in: I(2006)ACC306; AIR2006Utr67
Cyriac Joseph, C.J.1. The first petitioner in this writ petition is the Uttaranchal Sikh Federation, a society registered under the Societies Registration Act, 1980 and having its Central Office at 1/7, Haridwar Road, Dehradun. The second petitioner Mr. Gurdeep Singh 'Toni' is the State President of Uttaranchal Sikh Federation. The third petitioner Smt. Neetu Singh is the President of the Women Wing of Uttaranchal Sikh Federation.2. The petitioners have filed this writ petition praying for the following reliefs:1. To issue a writ, order or direction in the nature of certiorari quashing the order/direction issued by the Transport Commissioner through its letter No. 1457/TR/LI-CENSE/03 dated 10-1-2003 so far use of headgear (Helmet) by the Sikh ladies while driving Two-wheelers is concerned or while sitting as pillion rider is concerned.2. Issue any other writ, order or direction in the nature of Mandamus commanding the respondent Nos. 2 and 3 not to enforce the order of the Transport Co...
Commissioner of Income-tax Vs. Ongc (as Agent of Brown and Root Intern ...
Court: Uttaranchal
Decided on: Jun-29-2005
Reported in: (2005)198CTR(Uttranchal)371; [2005]276ITR585(Uttaranchal)
1. This is an appeal preferred under Section 260A of the Income-tax Act, 1961, filed by the Revenue against the judgment and order dated December 7, 2000, passed by the Income-tax Appellate Tribunal, New Delhi, in I. T. A. No 6148/Delhi of 1995.2. M/s. Brown and Root International Inc., the respondent is a non-resident foreign company. During the year under consideration, ONGC was engaged in operations under the works contract with the above nonresident company.3. The question raised before us is as follows :'Whether, on the facts and circumstances of the case, the learned Income-tax Appellate Tribunal was legally correct in upholding the orders of the Commissioner of Income-tax (Appeals) that there is no scope of grossing up and that the income determined on notional basis in accordance with Section 44BB of the Income-tax Act, 1961, was not liable to be grossed up under Section 195A of the Income-tax Act ?'4. Heard learned counsel for the parties and perused the record.5. As this cour...
Uttaranchal Transport Corporation Vs. Janki Dhanik and anr.
Court: Uttaranchal
Decided on: Jun-28-2005
Reported in: 3(2005)ACC541
Prafulla C. Pant, J.1. This appeal, preferred under Section 173 of the Motor Vehicles Act, 1988, is directed against the judgment and award dated 31.1.2005, passed by Motor Accident Claims Tribunal/Additional District Judge (Fast Track Court), Haldwani, District Nainital, whereby Rs. 2,22,000/- has been awarded as amount of compensation to the respondents.2. Brief facts of the case are that on 27.2.2004 at about 6.00 p.m., Shri Sanjay Dhanik (deceased) was travelling by bus, registration No. U.P. 06-4140, owned by the appellant. The bus was being driven rashly and negligently by its driver. Near Baldlyakhan, the bus fell into the deep george in which some 20 persons died, including above mentioned, Shri Sanjay Dhanik. Deceased was an Advocate in the High Court and was earning Rs. 6,000/- per month. He was aged 28 years at the time of his death. Claimants/respondents are his parents. Claimant/ respondent No. 1 Smt. Janki Dhanik, aged 56 years is the mother of the deceased and claimant/r...
Dr. Giridhar Pandit Vs. State of U.P. and ors.
Court: Uttaranchal
Decided on: Jun-27-2005
Reported in: 2006(1)AWC1107(UHC)
Prafulla C. Pant, J. 1. By means of this petition, moved under Article 226 of the Constitution of India, the petitioner has sought writ in the nature of certtorari, quashing the impugned order dated 20.6.1992 (Copy Annexure-10 to the writ petition), passed by respondent No. 2, whereby respondent No. 2 has refused to regularize the services of the petitioner. Further, mandamus has been sought, commanding the respondents to regularize the services of the petitioner.2. Brief facts of the case, as narrated in the writ petition, are that the petitioner was appointed as Lecturer in Political Science in Deo Prayag Maha Vidhyalaya, Deo Prayag, vide order dated 22.6.1983 (copy Annexure-1 to the writ petition), issued by the Manager of the College in pursuance to the resolution dated 20.6.1983, passed by the Management Committee. In pursuance to said order, the petitioner joined his duties in the college on 1.7.1983. The said college was a private institute. On 5.11.1984, the institute got publi...
Uttaranchal Transport Corporation Vs. Rachna Bisht and ors.
Court: Uttaranchal
Decided on: Jun-27-2005
Reported in: III(2005)ACC397; 2005ACJ1772
Prafulla C. Pant, J.1. This appeal, preferred under Section 173 of Motor Vehicles Act, 1988, is directed against the judgment and award dated 25.1.2005, passed by the Motor Accidents Claims Tribunal/2nd Additional District Judge, Nainital, whereby Rs. 7,25,000 has been awarded as amount of compensation to the respondents.2. Brief facts of the case are that on 27.2.2004 at about 6.30 p.m., Kishan Singh (deceased) was travelling by bus, registration No. UP 06-4140, owned by appellant, on its way from Nainital to Haldwani. Near Baldiyakhan due to the negligence on the part of the driver of the bus, it fell down in the deep gorge in which some twenty persons including Kishan Singh Bisht died. At the time of the death, deceased was aged 39 years and he was earning Rs. 7,011 per month as. he was working as the Assistant Office Manager with the appellant.3. The appellant Uttaranchal Transport Corporation contested the claim petition before the Claims Tribunal and it pleaded that another vehic...
Haruli Devi and anr. Vs. Mahesh Chandra Joshi and anr.
Court: Uttaranchal
Decided on: Jun-21-2005
Reported in: III(2005)ACC428; 2006ACJ302
Prafulla C. Pant, J.1. This appeal preferred under section 173 of Motor Vehicles Act, 1988 is directed against the judgment and order dated 7.3.2003 passed by learned Presiding Officer of the Motor Accidents Claims Tribunal/District Judge, Pithora-garh, whereby an amount of Rs. 1,00,000 was awarded as compensation in favour of the claimants-appellants. This appeal is for enhancement of the said amount.2. Brief facts of the case are that on 14.12.1998 at about 8 a.m., vehicle bus registration No. UP 01-2111 of K.M.O.U. Ltd. owned by the respondent No. 1, was being driven rashly and negligently by its driver. In the said bus Faqeer Singh was travelling. Due to rashness and negligence on the part of the driver, the bus fell into khud at Dooni within the limits of Police Station, Berinag. Faqeer Singh died in the accident. Claimants are his parents. The deceased was a graduate and unemployed youth. It is alleged that the claimants were dependent on their son, who was earning his income fro...
Alok Kumar Vs. Ashok Kumar and anr.
Court: Uttaranchal
Decided on: Jun-14-2005
Reported in: III(2005)ACC432; 2006ACJ263
P.C. Verma and Prafulla C. Pant, JJ.1. This appeal preferred under Section 173 of the Motor Vehicles Act, 1988 (Act 59 of 1988), is directed against the award and order dated 30.1.2004, passed by Motor Accients Claims Tribunal/Additional District Judge, Haldwani, District Nainital, whereby Claims Tribunal has awarded a sum of Rs. 86,500 as compensation to claimant-appellant on account of injury received by him in the accident in question and rejected the claim in respect of the rest of amount. (Amount claimed was Rs. 5,00,000).2. Brief facts of the case are that on 12.1.2002 at about 8.45 p.m., the claimant- appellant was travelling by an auto bearing registration No. UP 02-B 7601 in Hald-wani, when suddenly a bus bearing registration No. 04-A 0375, which was being driven rashly and negligently by its driver, dashed with the auto. In the accident, the appellant suffered fracture in the left leg and also fracture in the forearm. He was rushed to Civil Hospital, Haldwani, where-from he w...
Oriental Insurance Co. Ltd. Vs. Banu Begum and anr.
Court: Uttaranchal
Decided on: Jun-09-2005
Reported in: 2007ACJ476
J.C.S. Rawat, J.1. Appeal No. 219 of 2003 has been preferred by the opposite party Oriental Insurance Co. Ltd. against the judgment and award dated 21.5.2003 passed by Motor Accidents Claims Tribunal/Additional District Judge, Haldwani, District Nainital in Motor Accident Claim Case No. 68 of 2002, by which the claim petition filed by the claimant has been allowed for compensation of Rs. 95,000. It has further been ordered that the amount of compensation shall be paid by insurance company, opposite party No. 1, within a period of one month from the date of order, failing which claimant shall also be entitled to get interest at the rate of 9 per cent per annum from the date of application till the date of payment, whereas Appeal No. 242 of 2003 has been preferred by the claimant-appellant against the same judgment and award for enhancement of the amount of award.2. Brief facts giving rise to this appeal are that the deceased Mohd. Idrees, husband of the claimant was in the employment wi...
Software Technology Group Industries Ltd. and ors. Vs. State of Uttara ...
Court: Uttaranchal
Decided on: Jun-07-2005
Reported in: 2005CriLJ3660
ORDERJ.C.S. Rawat, J.1. Through this application under Section 482 of the Code of Criminal Procedure the petitioners have sought the relief to set aside the order dated 17-1-2005 passed by Special Judicial Magistrate (CBI) Dehradun under Section 156(3) of the Cr. P.C. to register and investigate in Case Crime No. 8 of 2005 (J.B. Institute v. Software Technology Group) under Section 420, IPC, to set aside the FIR and proceedings pending before the investigating officer initiated in pursuance of complaint being Complaint No. 08 of 2005 (J.B. Institute v. Software Technology Group) under Section 420, IPC and to set aside the FIR dated 23-1-2005 under Section 420, IPC lodged in police station Vasant Vihar Dehradun presently investigated by P.S. Sahaspur district Dehradun in case Crime No. 8 of 2005.2. Brief facts leading to the petition are that Sri Sunil Verma moved an application under Section 156, Cr. P.C. before the Court of Special Judicial Magistrate, Dehradun under Section 420, IPC,...
Khyali Ram Sharma Vs. Bhola Dutt Sharma and anr.
Court: Uttaranchal
Decided on: Jun-06-2005
Reported in: AIR2005Utr49
Irshad Hussain, J.1. This is an appeal against the judgment dated 14-5-1998 passed by the then Civil Judge (Senior Division), Almora in original suit No. 74/1997. Appellant-plaintiffs suit for partition and for rendition of accounts was dismissed.2. Plaintiff filed a suit for partition claiming I/3rd share in plot serial No. 99/95 popularly known as 'Dan Singh Estate' at Ranikhet Cantonment, District Almora and for rendition of the accounts in relation to compensation and sale proceeds of his part of the plot realized by defendant No. 1 so as to pay l/3rd share to him.3. Plaintiff and the defendants are real brothers and their ancestral property is situate in village Kharak, District Almora. Their father died in the early nineteen forties. Plaintiff alleged that at that time defendant. No. 1 was major and on the death of the father he became 'Karta' of the Hindu undivided Family. In the year 1948 plaintiff went to Delhi and in 1949 started a canteen in the office of Deputy Auditor Gene...
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