Uttaranchal Court July 2005 Judgments
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Singh and Company Vs. Collector
Court: Uttaranchal
Decided on: Jul-08-2005
Reported in: AIR2005Utr76
P.C. Verma, J. 1. Both these appeals arise of the same judgment and order passed by the Reference Court and similar questions are involved for determination in these appeals, therefore, they are being decided by this common judgment.2. First Appeal No. 175 of 2001 has been preferred by the claimant/appellant against the judgment and award dated 30-5-1989 passed by the III Additional District Judge, Nainital in Land Acquisition Case No. 104 of 1983, Singh and Company v. Collector, Nainital, whereby the reference made by the Collector, Nainital under Section 18 of the Land Acquisition Act was allowed partly and the claimant was held entitled for compensation of Rs. 15,89,072.00 for the acquired land and Rs. 2,01,600.00 for the trees and buildings and on these amounts solatium at the rate of 30% along with interest @ 12% per annum on the increased amount of compensation from the date of possession of the acquired property till the date of payment, whereas First Appeal No. 673 of 2001 has ...
Smt. Madhu Kuksal Vs. Capt. Anup Kuksal
Court: Uttaranchal
Decided on: Jul-07-2005
Reported in: AIR2005Utr70; 2005(3)AWC2533; II(2005)DMC371
Prafulla C. Pant, J.1. These two appeals, preferred under Section 19 of Family Courts Act, 1984, are directed against the same judgment and order dated 16.7.2003, whereby the marriage between the parties have been dissolved by a decree of divorce and lump sum of Rs. 5,00,000, has been directed to be paid by the husband, to the wife as alimony. It is further directed in the impugned judgment that the husband shall pay Rs. 2,000 per month to the wife for maintenance of the minor daughter, living with her, till she attains the age of majority.2. Brief facts of the case are that Capt. Anup Kumar Kuksal is an ex-serviceman, who is posted as Regional Security Officer with State Bank of India, Dehradun. He got married to Madhu Kuksal on 2.2.1989, at Jaipur, according to Hindu rites. Two siblings, born out of the wedlock are Master Shivesh Kuksal and Miss Kriti Kuksal. One year before the divorce petition was instituted in 1999 by the husband, the relations between the couple soured and they s...
Krishi Utpadan Mandi Samiti Vs. Pagia Enterprises
Court: Uttaranchal
Decided on: Jul-07-2005
Reported in: AIR2005Utr68; 2005(3)AWC2535; (2005)2UPLBEC57
Prafulla C. Pant, J.1. These two appeals, preferred under Section 96 of Code of Civil Procedure, 1908, are directed against the judgment and decree, dated 24.7.2001 and 25.7.2001, passed by learned Civil Judge (Senior Division), Nainital, in Civil Suit No. 115 of 1998 and Civil Suit No. 114 of 1998, respectively.2. Brief facts of the case are that the plaintiffs (present respondents) instituted the aforementioned suits, with the pleading that the plaintiffs are the licensed dealer of seeds. They are registered under U.P. Scheduled Commodities Dealers Order, 1989. They have also alleged that Mandi fee under the U.P. Krishi Utpadan Mandi Adhiniyam, 1964, can be levied only on the agricultural produce and not on the seeds, as the seeds do not come under the definition of agricultural produces as these undergo certain chemical processes. It is also alleged that Allahabad High Court in Writ Petition No. 13795 of 1988 has held on 31.8.1988, that the seeds are not covered under the definition...
Arvind Mehrotra Vs. State of Uttaranchal and ors.
Court: Uttaranchal
Decided on: Jul-07-2005
Reported in: 2005(3)AWC2670
Cyriac Joseph, C.J.1. The petitioner Dr. Arvind Mehrotra challenges his transfer from the post of Senior Medical Officer, Community Health Centre, Mussoorie, district Dehradun to the post of Senior Pathologist, Government Joint Hospital, Roorkee, district Haridwar. The impugned order (Annexure-6) was passed by the first respondent-Principal Secretary, Department of Medical, Health and Family Welfare, Government of Uttaranchal on 8.4.2005. Though the petitioner had applied for stay of operation of the impugned order, the prayer for interim relief was rejected on 26.4.2005. Respondents have filed counter-affidavits and the petitioner has filed rejoinder-affidavit.2. We have heard Mr. Manoj Tiwari, learned counsel for the petitioner and Mr. K.P. Upadhayaya, learned standing counsel for the State of Uttaranchal who appeared for the respondents. We have also perused the relevant files made available by the learned standing counsel.3. It is stated in the impugned order that the petitioner is...
Escorts Finance Ltd. and anr. Vs. Sandip Goel and anr.
Court: Uttaranchal
Decided on: Jul-07-2005
Reported in: AIR2006Utr60
Rajesh Tandon, J.1. This is an appeal against the judgment and order dated 17-11-2004 passed by the Civil Judge (S.D.), Pauri in O.S. No. 27 of 2004, Sandeep Goel and Anr. v. Escorts Finance Ltd. and Anr. thereby allowing the application of the plaintiff for ad interim injunction.2. Briefly stated, the plaintiff-respondents filed a civil suit for permanent injunction along with an application for ad interim injunction. The plaintiffs alleged that the defendants have purchased machines from the plaintiffs under hire-purchase agreement for Rs. 19,12,039/- on 4-6-2001. The plaintiffs alleged that defendants at the time of purchase of machines got his signatures obtained on so many papers and despite of the full payment made to the defendants, they have neither issued no-dues certificate nor refunded Rs. 78,000/- to the plaintiffs as bonus. The plaintiffs submitted that on 17-6-2004 some employees of the defendants came to Bharsar Engineering College, Pauri and illegally took possession ov...
National Insurance Company Ltd. Vs. Hema Sah and ors.
Court: Uttaranchal
Decided on: Jul-05-2005
Reported in: 3(2005)ACC437
Prafulla C. Pant, J.1. This appeal, preferred under Section 110-D.of Motor Vehicles Act, 1939, is directed against judgment and award dated 2.3.1984, passed by Motor Accident Claims Tribunal/District Judge, Pithoragarh, whereby an amount of compensation to the tune of Rs. 41,600/- with interest at the rate of 6% per annum, was awarded in favour of the claimants.2. Brief facts of the case are that one Shri Lalit Mohan Sah, aged about 34 years, was travelling on 18.4.1982, along with other passengers in bus registration No. U.P. Y-1142. At about 6.45 a.m., between Bankot and Seraghaat, when the said bus was being driven rashly and negligently by its driver, it fell into a deep gorge in which Shri Sah, received grievous injuries and died due to said injuries. Claimant No. 1 Smt. Hema Sah is widow of the deceased, claimant No. 2 Nidhi, is daughter and claimant No. 3 is son of the deceased. The deceased was Physical Training Instructor at Bankot and was earning Rs. 828/- per month. The afor...
New India Assurance Co. Ltd. Vs. Bininder Sodhi and ors.
Court: Uttaranchal
Decided on: Jul-04-2005
Reported in: IV(2005)ACC287; 2006ACJ357
Prafulla C. Pant, J.1. These appeals preferred under Section 173 of the Motor Vehicles Act, 1988, are directed against the judgment/award dated 10.9.2003 passed by the Motor Accidents Claims Tribunal/Addl. District and Sessions Judge/1st Fast Track Court, Haridwar, whereby amount of Rs. 22,72,005 has been awarded as compensation in favour of the claimants.2. Brief facts of the case are that on 19.12.1998 one Jasvinder Singh Sodhi, the deceased, was travelling from Delhi to Haridwar by his motor car registration No. UP 07-E 6666. At about 10 p.m., when the car reached near village Mandawali, a truck registration No. URJ 4795, which was being driven rashly and negligently by its driver dashed at the car in which Jasvinder Singh Sodhi along with other two persons, namely, Amit and Atul received injuries. Sodhi was immediately taken to a nursing home where he succumbed to his injuries. He was aged 41 years at the time of his death. He had 400 bighas of agricultural land and he used to earn...
United India Insurance Co. Ltd. Vs. Hema Pande and anr.
Court: Uttaranchal
Decided on: Jul-04-2005
Reported in: IV(2005)ACC102; 2005ACJ2059
Prafulla C. Pant, J.1. This appeal preferred under Section 173 of Motor Vehicles Act, 1988, is directed against the judgment and award dated 3.9.2004, passed by the Motor Accidents Claims Tribunal/Second Fast Track Court, Nainital, whereby a sum of Rs. 1,54,000 has been awarded as the amount of compensation to the claimants.2. Brief facts of the case are that Vikrant Pande (deceased), son of the claimants was aged 18 years. It is alleged that he was earning Rs. 4,500 per month by running a shop under the name and style of 'Pande Mishthan Bhandar'. The claimants Hema Pande and Anand Ballabh Pande are parents of Vikrant Pande (deceased), who were alleged to be dependent on him. Deceased was an unmarried man. It is alleged that his friend Ajay Singh Bisht was going on a motor cycle, registration No. UP 02-D 2933. The motor cycle was being driven by Ajay Singh Bisht and Vikrant Pande was pillion rider. At about 2.30 p.m., when the motor cycle reached near Talli Man-goli, due to the technic...
Pooran Lal Arya and ors. Vs. State of Uttaranchal and ors.
Court: Uttaranchal
Decided on: Jul-04-2005
Reported in: III(2007)BC285; [2006]133CompCas348(Uttaranchal)
Cyriac Joseph, C.J.1. The petitioners are aggrieved by the action taken by the respondents under the provisions of Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (Act 54 of 2002). They challenge annexure 3 order passed by the second respondent, District Magistrate, Nainital,for the recovery of the amount due to the third respondent-bank from thepetitioners.2. Section 17(1) of Act 54 of 2002 reads thus:17. Right to appeal.-(1) Any person (including borrower), aggrieved by any of the measures referred to in Sub-section (4) of Section 13 taken by the secured creditor or his authorised officer under this Chapter, may make an application along with such fee, as may be prescribed to the Debts Recovery Tribunal having jurisdiction in the matter within fortyfive days from the date on which such measures had been taken:Provided that different fees may be prescribed for making the application by the borrower and the perso...
United India Insurance Co. Ltd. Vs. Bachi Singh and ors.
Court: Uttaranchal
Decided on: Jul-04-2005
Reported in: IV(2005)ACC81; 2006ACJ519
Prafulla C. Pant, J.1. This appeal, preferred under Section 173 of Motor Vehicles Act, 1988, is directed against the judgment and award dated 3.9.2004, passed by Motor Accidents Claims Tribunal/II Fast Track Court, Nainital, whereby Rs. 2,30,000 has been awarded as amount of compensation to the claimants.2. Brief facts of the case are that claimants' son, Ajay Singh Bisht, aged 25 years used to earn Rs. 4,500 per month by doing dairy business. He was an unmarried man. On 20.12.2000, he was going on a motor cycle registration No. UP 02-D 2933, of his friend's father--Anand Ballabh Pande. It is alleged in the claim petition that the motor cycle was being driven by Ajay Singh Bisht and Vikrant Pande was a pillion rider. The motor cycle on its way from Ramnagar to Nainital, when reached near village Talli Mangoli, due to the technical failure fell into a deep gorge in which Vikrant Pande died on the spot and Ajay Singh Bisht also got seriously injured and he was taken to Soban Singh Jeena ...
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