Uttaranchal Court October 2006 Judgments
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Rajiv Rawal and anr. Vs. Man Singh and ors.
Court: Uttaranchal
Decided on: Oct-31-2006
Reported in: 2008ACJ399
Rajeev Gupta, C.J.v This is claimants' appeal for enhancement of the compensation awarded by Motor Accidents Claims Tribunal/Additional District Judge, Udham Singh Nagar vide award dated 3.1.2005 passed in M.A.C.P. No. 135 of 2003.2. The claimants, who are unfortunate husband and minor son of the deceased Ritu Rawal, claimed compensation of Rs. 44,67,000 for her death in the motor accident on 16.1.2003, when the cycle-rickshaw, in which she was going to her school, was dashed by offending vehicle, bus bearing registration No. UP 06-0476, resulting in serious injuries to Ritu Rawal, who succumbed to those injuries during the course of her treatment in the hospital the same day. The claimants pleaded that deceased Ritu Rawal used to earn Rs. 13,000 per month as salary from the school and tuition.3. The owner, driver and insurer of the offending vehicle bus contested the claim and denied their liability to pay compensation to the claimants. The owner and the driver took the plea that rick...
Gopal Singh and anr. Vs. State of Uttaranchal
Court: Uttaranchal
Decided on: Oct-17-2006
Reported in: 2007CriLJ1972
J.C.S. Rawat, J.1. This is a criminal appeal against the judgment and order dated 28-4-1988 passed by Shri Sir Bhadra Singh, the then III Additional Sessions Judge, Nainital in S. T. No. 179/1987 State v. Gopal Singh and Ors. whereby the appellant-Gopal Singh was convicted under Sections 364, 302/34, IPC read with 120-B, IPC. The appellant-Virendra Singh was convicted under Sections 302/34, IPC and 120-B, IPC. Both the appellants were sentenced to undergo R1 for life imprisonment. Both the sentences of appellants would run concurrently. However, by the said judgment and order the other accused person-Govind Singh was found not guilty and he was acquitted.2. Brief facts of the prosecution case are that on 18-4-1987 the complainant-Dharam Singh PW1 lodged a written report to the Patti Patwari Chopra alleging therein that on 16-4-1987 at about 8 p.m. the appellant Gopal Singh came to his house and took his son-Puran Singh with him. Thereafter, his son Puran Singh (deceased) did not return...
Fatta and anr. Vs. State
Court: Uttaranchal
Decided on: Oct-12-2006
Reported in: 2007CriLJ1239
Prafulla C. Pant, J.1. This criminal appeal, preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (for brevity hereinafter Cr.P.C), is directed against the judgment and order dated 24-8-1982, passed in Sessions Trial No. 43 of 1977, by learned Additional Sessions Judge, Deharadun, whereby appellants Fatta and Ibrahim have been convicted under Section 395 read with Section 397 of the Indian Penal Code, 1860 (for brevity hereinafter I.P.C.); under Section 412 of I.P.C. and also under Section 307 read with Section 149 of I.P.C, and each one of the appellants has been sentenced by the trial Court to rigorous imprisonment for ten years under Sections 395/397 of I.P.C, rigorous imprisonment for five years under Section 412 of I.P.C. and rigorous imprisonment for five years under Sections 307/149 of I.P.C. All the sentences are directed to run concurrently by the trial Court.2. Heard learned Counsel for the parties and perused the entire record.3. Prosecution story, in brief...
National Insurance Co. Ltd. Vs. Virendra Singh Negi and ors.
Court: Uttaranchal
Decided on: Oct-11-2006
Reported in: 2007ACJ1823
Rajesh Tandon, J.1. This is insurer's appeal against the award dated 23.2.2006, passed by the Motor Accidents Claims Tribunal, Dehradun.2. The claimants Virendra Singh Negi and Sushila Devi preferred a claim petition under Section 166 of Motor Vehicles Act, for the grant of compensation on account of the death of their son Pradeep Singh Negi in a motor vehicle accident. According to the claimants on the fateful day on 1.4.2004, deceased Pradeep Singh, who was employed in Garhwal Mandal Vikas Nigam as Mines Clerk was going towards Doiwala on foot. When he reached near Kunvawala, truck No. UP 07-D 2930, which was going in the same direction hit the deceased Pradeep Singh and crushed him under the wheels, who died instantaneously. According to claimants the deceased was getting Rs. 3,505 per month as salary. At the time of accident he was 23 years of age.3. Respondent No. 3, owner of the truck has denied the assertions made in the claim petition. She has stated that the accident has not t...
Smt. Prabha Arora and anr. Vs. Km. Brij Mohini Anand and ors.
Court: Uttaranchal
Decided on: Oct-09-2006
Reported in: 2007(1)AWC108
Prafulla C. Pant, J.1. By means of this writ petition, moved under Article 226 read with Article 227 of Constitution of India, the petitioners (tenants) have challenged the judgment and order dated 16.3.2004, passed by learned Additional District Judge/F.T.C. I, Dehradun, in Rent Control Appeal No. 57 of 2001, whereby reversing the order dated 8.5.2001, passed by Prescribed Authority, in P.A. Case No. 19 of 1995, has allowed the application for release of the premises in question in favour of the landlord.2. Heard learned Counsel for the parties and perused the record.3. Brief facts of the case, as narrated in the writ petition, are that Late Shri Govind Ram Arora, the grandfather of the petitioner No. 2, occupied the ground floor of property No. 12, Astley Hall, Dehradun, as tenant on rent from its erstwhile landlord in the year 1935, and since then the tenancy had continued. On the death of Shri Govind Ram Arora, the tenancy of the aforesaid premises was inherited by his son Shri S.K...
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