Uttaranchal Court November 2006 Judgments
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Jaiprakash Associates Ltd. Vs. State of Uttaranchal
Court: Uttaranchal
Decided on: Nov-06-2006
Reported in: AIR2007Utr41
Dharam Veer, J.1 By means of this writ petition, the petitioner has prayed for writ of certiorari quashing the demand letter No. 212/Mines/2002 dated 1-11-2002 issued by respondent demanding a sum of Rs. 7,14,835/- on account of royalty and penalty being illegal, void and inoperative as the provisions of Mines & Minerals (Regulation & Development) Act, 1957 and U.P. Minor Mineral (Concession) Rules, 1963 are not applicable to the petitioner since the petitioner is not carrying out any mining operations.2. Brief facts of the case according to the petitioner are that petitioner had purchased a property known as WHYTBANK Castle Estate, the Bridge, Outhouses, Cottages & Servant quarters etc. having an area of about 9 acres through Registered Sale Deed dated 4-1-1991 which is duly registered in the Office of sub-registrar, Mussoorie, Distt. Dehradun, After the purchase of the said property, the petitioner demolished the existing construction and constructed a Hotel after getting the plan sa...
Shobhan Singh and anr. Vs. New India Assurance Co. Ltd. and anr.
Court: Uttaranchal
Decided on: Nov-01-2006
Reported in: 2008ACJ832
Rajeev Gupta, C.J.1. The appellants are seeking enhancement of the compensation awarded by the Motor Accidents Claims Tribunal/District Judge, Rudraprayag vide award dated 6.10.2004 in M.A.C.P. No. 5 of 2004.2. The claimants, who are unfortunate parents of the deceased Pushkar Singh, claimed compensation of Rs. 10,00,000 (rupees ten lakh) for his death in the motor accident on 25.10.2003, when the bus bearing registration No. UP 06-1536, in which he was travelling, met with an accident due to rash and negligent driving of its driver resulting in the instantaneous death of Pushkar Singh on the spot itself. The claimants pleaded that their son Pushkar Singh, who was aged about 27 years, used to earn about Rs. 5,000 per month as cable operator.3. The insurer and the owner of the offending bus had contested the claim and denied their liability to pay compensation to the claimants. The owner took the plea that the accident occurred due to sudden mechanical failure and as such, the driver wa...
Kuldeep Singh and anr. Vs. Indrajeet Singh Kohli and anr.
Court: Uttaranchal
Decided on: Nov-01-2006
Reported in: 2007ACJ2383
Rajeev Gupta, C.J.1. This is claimants' appeal under Section 173 of the Motor Vehicles Act, 1988, for enhancement of compensation awarded by Motor Accident Claims Tribunal/Additional District Judge, (Udham Singh Nagar, vide award dated 30.9.2004 passed in M.A.C.P. No. 280 of 2003.2. The claimants, who are unfortunate parents of deceased Ranjeet Kaur, claimed compensation of Rs. 5,00,000 for her death in the motor accident on 8.11.2003, when the tractor bearing registration No. URN 4978, in which she was travelling, was dashed by the bus bearing registration No. UA 04-3353 resulting in the serious injuries to Ranjeet Kaur, who succumbed to those injuries on the spot. The claimants pleaded that their daughter Ranjeet Kaur was aged about 21 years and used to earn Rs. 4,000 per month from tailoring work.3. The owner and insurer of the bus contested the claim and denied their liability to pay compensation to the claimants. The owner took the plea that the driver of the tractor was negligent...
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