Uttaranchal Court November 2006 Judgments
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Atiq Malik Vs. State of Uttaranchal and ors.
Court: Uttaranchal
Decided on: Nov-29-2006
Reported in: AIR2007Utr78; I(2008)BC345; [2007]139CompCas355(Uttaranchal); [2008]88SCL267(NULL)
Prafulla C. Pant, J.1. By means of this petition, moved under Article 226 of Constitution of India, the petitioner has sought writ in the nature of certiorari quashing the impugned judgment and order dated 5-5-2005 (copy Annexure 14 to the writ petition), passed by District Magistrate, Champawat. A mandamus has also been sought not to interfere in petitioner's exercise of property rights over the property purchased by him through the proceedings taken by Recovery Officer, Debt Recovery Tribunal-II, Kolkata.2. Heard learned Counsel for the parties.3. Brief facts of the case are that an advertisement (Annexure-1 to the writ petition) was issued in the newspaper by Recovery Officer, attached to Debt Recovery Tribunal-II, Kolkata in T.R.C. No. 06 of 2002 Dena Bank v. KHSL Industries Limited, for sale of industrial units, one of which is located at Tanakpur, District Champawat in Uttaranchal. The petitioner in pursuance to said advertisement, submitted his tender complying the condition of ...
Oil and Natural Gas Corporation Vs. D.K. Bhatt and Etc.
Court: Uttaranchal
Decided on: Nov-29-2006
Reported in: AIR2007Utr46
M.M. Ghildiyal, J.1 Heard Sri. L.P. Naithani, Sr. Advocate, assisted by Sri J.P. Joshi, learned Counsel for the appellant and Sri Arvind Vashishtha, learned Counsel for the respondent.2. All the appeals are preferred against the judgment and order dated 30-9-2006 passed by learned District Judge, Dehradun in O.S. Nos. 17 to 22 of 2006.3. The learned District Judge has disposed of all the aforesaid seven applications under Section 9 of the Arbitration and Conciliation Act, 1996 by a common judgment, thus, all appeals are also being disposed of by common judgment.4. Brief facts of the case are that Oil and Natural Gas Corporation (hereinafter referred to as Corporation) is a corporate body registered under Indian Companies Act, 1956 having its registered Office at 124, Jeevan Bharti Building, Tower - II, Indira Chowk, New Delhi -1 and is having its corporate office at Tel Bhawan, Dehradun Uttaranchal.5. The Corporation floated tenders for execution of various work such as civil, electric...
Umendra Kumar Tandon Vs. Chairman, Bank of Baroda and anr.
Court: Uttaranchal
Decided on: Nov-21-2006
Reported in: 2007(2)AWC1334
Prafulla C. Pant, J.1. By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought writ in the nature of mandamus commanding respondent No. 2 to decide the representation made by the petitioner for reinstatement in service. It is 'further prayed that writ in the nature of certiorari be issued quashing order dated 29th March 1985, whereby petitioner's services were terminated.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 the petitioner was an employee of Nainital Bank Limited. More than 51 per cent shares of the Nainital Bank Limited (hereinafter referred as the Bank) are owned by Bank of Baroda. The petitioner was appointed as Clerk-cum-Cashier/Typist, on 3rd of May 1982, with the Branch of the Bank at Kashipur. He was confirmed in the service on 3rd of November. 1982. One Mr. Ram Chandra was holding a savings Bank Account with the Kashipur Branch...
Hardev Singh and anr. Vs. Dharam Singh and anr.
Court: Uttaranchal
Decided on: Nov-21-2006
Reported in: 2008ACJ11
Rajeev Gupta, C.J.1. The unfortunate parents of deceased Asha Rani are seeking enhancement of the compensation awarded by the Motor Accidents Claims Tribunal/ District Judge, Nainital vide award dated 19.7.2005 passed in the M.A.C. No. 54 of 2005.2. The claimants claimed compensation of Rs. 5,00,000 (rupees five lakh) for the death of their daughter Asha Rani aged about 16 years in the motor accident on 18.2.2005 when she was coming back to her house from the school and was dashed by the offending vehicle tractor bearing registration No. UA 06-6596 resulting in her instantaneous death on the spot itself.3. The owner and insurer of the offending vehicle tractor contested the claim and denied their liability to pay compensation to the claimants. The owner took the plea that claimants' daughter herself was negligent and as such the driver of the tractor was not responsible for the accident. The insurer, on the other hand, pleaded that the tractor was being plied in breach of policy condit...
Gopal Singh Bisht Vs. Joint Director of Education, Kumaon Region and o ...
Court: Uttaranchal
Decided on: Nov-18-2006
Reported in: 2007(1)AWC986(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 certiorari quashing the impugned order dated 31.8.1999 (Annexure-3 to the writ petition), whereby the services of the petitioner are terminated. A mandamus has also been sought commanding the respondents to permit the petitioner to work on the post of junior clerk, held by him. Further mandamus has been sought commanding the respondents to regularly pay salary for the post held by the petitioner.2. Heard earned Counsel for the parties and perused the record.3. Brief facts of the case, as narrated in the writ petition, are that in the year 1998, posts of junior clerks were created in various Government institutions in district Nainital. An advertisement is made for recruitment to the post of junior clerks. Pursuant to the advertisement, the petitioner made an application, for his appointment on the post of junior clerk. He was appointed ...
Shishupal Singh Bhandari Vs. State of Uttaranchal and ors.
Court: Uttaranchal
Decided on: Nov-16-2006
Reported in: 2007(1)AWC980(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 certiorari quashing the advertisement dated 1.12.2003 (Annexure-8 to the writ petition) issued by respondent No. 3, for appointment of Shiksha Mitra in Primary School village Nilarhi in district Chamoli.2. Heard earned Counsel for the parties and perused the record.3. Brief facts of the case, as narrated in the writ petition, are that the State Government had taken a policy decision to appoint educated local unemployed youths in primary schools as Shiksha Mitra, and for that purpose issued a Government order dated 472/Maa. Sa. V1./9-1-89/2000 dated 27.1.2001. The respondent No. 2 Basic Shiksha Adhikari vide his letter dated 3.7.2003, informed the Pradhan/Adhyaksha, Gram Shiksha Samiti, Gram Panchayat Nilarhi, respondent No. 3, to make recommendation for the appointment of petitioner as Shiksha Mitra in the primlary school Nilarhi. Pursu...
His Highness Maharaja Virendra Singh (Since Deceased) and ors. Vs. Iii ...
Court: Uttaranchal
Decided on: Nov-15-2006
Reported in: 2007(1)AWC985(UHC)
Prafulla C. Pant, J.1. By means for this petition, moved under Article 226 of the Constitution of India, the petitioners have sought writ in the nature of certiorari quashing the judgment and order dated 25.7.1989, passed by respondent No. 1, in Land Acquisition Case No. 122 of 1980.2. Heard earned Counsel for the parties and perused the record.3. The impugned order dated 25.7.1989, passed by IIIrd Additional District Judge, Dehradun, in Land Acquisition Case No. 122 of 1980, shows that said case is pending under Section 30 of the Land Acquisition Act, 1894. It appears, that claimant Rajmata Premlata Devi died during the pendency of said proceedings, on 22.11.1986. The petitioner Maharaja Virendra Singh, claiming himself to be stepson of late Rajmata Premlata Devi, moved an application No. 54A, before the aforesaid Court for his substitution in the case. The application was supported by affidavit 55C. Respondent Nos. 2 to 5, appear to have raised objections vide application No. 57C, be...
Bhupendra Singh Bist Vs. State of U.P. and ors.
Court: Uttaranchal
Decided on: Nov-14-2006
Reported in: 2007(1)AWC978(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 mandamus commanding the respondents to appoint petitioner as Forester in Garhwal Circle of the Forest Department. He has also sought payment of salary w.e.f. 11.7.1988, treating the petitioner, who is a Forest Guard, as Forester, for said period.2. Heard earned Counsel for the parties and perused the record.3. Brief facts of the case, as narrated in the writ petition, are that the petitioner's father Sohan Singh Bist, who was a Forester in Bhirigukhal Range, Lansdowne, Division of Garhwal Circle, died on 15.9.1987. At the time of his death he left behind him his widow and three sons. Petitioner is an eldest son of the deceased Sohan Singh Bist. His education qualification was High School. He sought appointment on compassionate ground as Forester, against the post of his father, in the Forest Department. He was called by the respondents ...
Mahidhar Prasad Mundepe Vs. Union of India (Uoi) and ors.
Court: Uttaranchal
Decided on: Nov-14-2006
Reported in: 2007(1)AWC982(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 certtorarf quashing decision of respondent No. 2 Controller of Defence Accounts (Pension), Allahabad, denying the disability pension to the petitioner w.e.f. 24.8.1988. A mandamus has also been sought for payment of arrears of pension with interest.2. Heard earned Counsel for the parties and perused the record.3. Brief facts of the case, as narrated in the writ petition, are that the petitioner joined Indian Army on 1.7.1950 with the Garhwal Rifles. During the course of his service he contracted the invalidating disease known as 'Ventricular Extra Systoles Multiple' in 1971 and was placed in low medical category B.E.E. permanent'. It is alleged in the petition that said disease was result of stress and strain of service conditions and was directly attributable to military service. The petitioner was discharged from the military hospital...
Radhakrishna and anr. Vs. State
Court: Uttaranchal
Decided on: Nov-08-2006
Reported in: 2007CriLJ1282
Prafulla C. Pant, J.1. This appeal, preferred under Section 374(2) of Code of Criminal Procedure, 1973 (for brevity herein after referred as Cr. P.C. is directed against the judgment and order dated 4-10-1986, passed by learned Sessions Judge, Tehri Garhwal, in Sessions Trial No. 12 of 1984, whereby accused/appellants Radhakrishna and Uma Shankar have been convicted under Section 304, Para 11/34 and 273/34 of Indian Penal Code, 1860, (for brevity herein after referred as I.P.C.) and each one of them has been sentenced to undergo rigorous imprisonment for a period of five years (under Section 304, Part 11/34 of I.P.C.) and rigorous imprisonment for a period of six months (under Section 273/341, P.C). The trial Court directed that both the sentences shall run concurrently.2. Heard learned Counsel for the parties.3. Prosecution story in brief is that on 21-6-1982; the accused/appellants with common intention, sold noxious liquor, popularly called 'Tumri' (a mixture made of tincture ballad...
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