Uttaranchal Court February 2006 Judgments
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Chanchal and anr. Vs. Pradeep Kumar Sharma and ors.
Court: Uttaranchal
Decided on: Feb-25-2006
Reported in: IV(2006)ACC677
Rajeev Gupta, C.J.1. They are heard.2. This is claimant's appeal for enhancement of the compensation awarded by Motor Accident Claims Tribunal/Additional District Judge (Fourth Fast Track Court), Haridwar vide Award dated 28th August, 2003 passed in Motor Accident Claim Petition No. 36 of 1998.3. The appellants and one Neetu, widow of deceased Ram Gopal claimed compensation of Rs. 20,00,000 for the death of Ram Gopal in the motor accident on 1st February, 1998 when his motorcycle bearing registration No. UP10B 2595 was dashed by offending vehicle Mahindra Jeep bearing registration No. H.R. 1 D 8799 resulting in multiple injuries to Ram Gopal, who succumbed to those injuries on his way to the Jolly Grant Hospital, Dehradun. The claimants further pleaded that deceased Ram Gopal was aged about 31 years and was earning Rs. 10,000 per month from his own business.4. The driver and owner of the offending vehicle Jeep contested the claim and pleaded that the deceased himself was responsible fo...
Subhash Chand Joshi Vs. Mahesh Chandra Joshi and anr.
Court: Uttaranchal
Decided on: Feb-25-2006
Reported in: II(2007)ACC422
Rajeev Gupta, C.J.1. On due consideration, application for the condonation of delay is allowed and the delay in filing the appeal is hereby condoned.2. With the consent of the learned Counsel for the parties, the appeal is finally heard.3. The appellant Subhash Chandra Joshi is seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal/ District Judge, Pithoragarh vide Award dated 5th August, 2003 passed in Motor Accident Claim Case No. 214 of 2000.3A. The claimant Subhash Chandra Joshi claimed compensation of Rs. 4,60,000 for the injuries sustained by him in the motor accident on 14th December, 1998 when bus No. U.P. 01-2111 in which he was travelling met with an accident due to rash and negligent driving of its driver resulting in serious injuries to the claimant leading to the amputation of his right foot. The claimant further pleaded that he was working as a Chawkidar in Junior High School and on account of the injuries and amputation it had become diffic...
UdasIn Panchayati Bara Akhara Kankhal and ors. Vs. Mahant Dooj Dass (D ...
Court: Uttaranchal
Decided on: Feb-23-2006
Reported in: 2006(3)AWC2358
Prafulla C. Pant, J.1. This appeal, preferred under Section 100 of Code of Civil Procedure, 1908, is directed against the judgment and decree dated 13.10.1977, passed by learned IIIrd Additional District Judge, Saharanpur (earlier Hardwar was part of District Saharanpur) in Civil Appeal No. 117 of 1976 and Civil Appeal No. 118 of 1976, whereby the Judgment and decree passed by the trial court in Original Suit No. 85 of 1968, between the parties, is confirmed.2. Plaint case.-According to the plaint, Mahant Tahal Dass was chela of Mahant Shobha Dass. He was Udasin of Panth of Revered Shri Chand, the eldest son of Revered Guru Nanak Dev Ji. In said Panth, there is a custom that Mahant cannot marry and he is entitled to initiate (make a relationship with) a chela. And after death of such Mahant, his eldest chela succeeds to all the rights and Interests in the property of his Guru. It is also a custom of the above Panth that on the tenth day of death of Guru, there is a ceremony called 'Das...
Kanhaiya Lal Vs. Second Additional Sessions Judge and ors.
Court: Uttaranchal
Decided on: Feb-22-2006
Reported in: 1(2007)DMC585
J.C.S. Rawat, J.1. The present revision has been directed against the judgment and order dated 8.4.1997 passed by Addl. Sessions Judge (IInd) Haridwar in which the learned Sessions Judge acquitted the accused persons, i.e., respondent Nos. 2 to 5 in Sessions Trial No. 272/96. During the pendency of the revision respondent No. 3, Tulsi Ram has died.2. Brief facts leading to the prosecution is that the marriage of the deceased-Mona was solemnised with Moti Ram. It is also alleged by the prosecution that immediately after the marriage, the husband and her in-laws were demanding a sum of Rs. 15,000 - 20,000 as dowry and she was beaten several times. When she did not conceded to the demand of her husband and his relatives, she was turned out from the house and she came to her parental house. It is further alleged that the accused-respondents had obtained the signature of the deceased on the blank paper and an application was given purporting to have been written by the deceased to S.S.P., S...
Kala Devi and ors. Vs. Sultan and anr.
Court: Uttaranchal
Decided on: Feb-22-2006
Reported in: IV(2006)ACC757
Rajeev Gupta, C.J.1. Mr. Lok Pal Singh, Advocate for the appellants; None for the first respondent. Mr. Subhas Upadhyaya. Advocate for the second respondent. They are heard.2. This is claimants' appeal for enhancement of the compensation awarded by the Motor Accident Claims Tribunal/District Judge, Haridwar vide award dated 2nd February, 1996 passed in Motor Accident Petition No. 5 of 1995.3. The claimants claimed compensation of Rs. 16,15,937 for the death of one Harish Chand, husband of appellant No. 1 and father of appellant Nos. 2 to 5, in the motor accident on 14th September, 1994 when his scooter bearing registration No. UHQ 7618 was dashed by the offending vehicle-bus belonging to the second respondent-Haryana Roadways bearing registration No. HR 31-4884 resulting in his instantaneous death on the spot itself. The claimants further pleaded that Harish Chand was in regular service of Bharat Heavy Electricals Ltd., Haridwar and was getting salary of about Rs. 5,000 per month.4. Th...
Balbir Singh Vs. Munna Singh and anr.
Court: Uttaranchal
Decided on: Feb-21-2006
Reported in: IV(2006)ACC830
Rajeev Gupta, C.J.1. This is claimant's appeal for enhancement of the compensation awarded by the Motor Accident Claims Tribunal/Additional District Judge-First Fast Track Court, Udham Singh Nagar vide Award dated 22nd July, 2003 passed in Motor Accident Claim Petition No. 93 of 2001.2. Claimant Balbir Singh claimed compensation of Rs. 18,00,000 for the injuries suffered by him in the motor accident when on 30th May, 1999 first respondent Munna Singh brought his truck bearing No, UTJ 2412 driving rashly and negligently and dashed the claimant resulting in serious injuries to him.3. The claimant pleaded that he was an agriculturist having 12 acres of land. It was further pleaded that the petitioner was earning Rs. 15,000 per acre and on account of the injuries suffered by him in the accident, he has been deprived of substantial part of that income as he was forced to lease out his agricultural land @ Rs. 5,000 per acre.4. Respondent No. 1 Munna Singh, driver of the offending vehicle and...
Oriental Insurance Company Ltd. Vs. Maan Bahadur and anr.
Court: Uttaranchal
Decided on: Feb-21-2006
Reported in: II(2007)ACC738
Rajeev Gupta, C.J.1. Mr. T.A. Khan, learned Counsel for the appellant, Mr. B.P. Nautiyal, learned Counsel for respondent No. 1.2. With the consent of the learned Counsel for the parties, the appeal is finally heard.3. This is insurer's appeal against the award dated 25.2.2005 passed by Motor Accident Claims Tribunal/District Judge, Pauri Garhwal in Motor Accident Claim Petition No. 90 of 1999, whereby the Tribunal awarded compensation of Rs. 3,18,000 to respondent No. 1 Maan Bahadur.4. Claimant Maan Bahadur claimed compensation of Rs. 8,04,000 for the injuries sustained by him in the accident, which took place on 7.2.1999, when the offending vehicle Truck bearing registration No. UP 07B - 1005 met with an accident resulting in serious injuries to claimant Maan Bahadur.5. Appellant Oriental Insurance Company Ltd. contested the claim on several grounds. The Insurance Company even disputed the accident itself.6. The Tribunal, on the evidence led by the parties, held that claimant Maan Bah...
Om Prakash Chauhan Vs. State of Uttaranchal
Court: Uttaranchal
Decided on: Feb-16-2006
Reported in: 2006CriLJ2551
J.C.S. Rawat, J.1. This criminal appeal has been preferred against the judgment and order dated 27-4-1983 passed by Sri J. K. Mathur, the then Special Judge, Anti-Carruption, Dehradun in Criminal Case No. 3/1981, State v. O.P. Chauhan and Anr., whereby the appellant was convicted under Section 161, I.P.C. and Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act and sentenced him to undergo R.I. for a period of one year on each count. A fine of Rs. 500/-was also imposed on the appellant. In default of payment of fine, the appellant would further undergo imprisonment for a period of three months. Both the sentences would run concurrently. However, the co-accused-0. P. Sharma was acquitted from the charge levelled against him.2. Brief facts of the prosecution case are that on 28-3-1978 Dr. V. V. S. Tyagi moved an application Ex. Ka.7 for being given a telephone connection at his residence. In pursuance of the said application, a demand note amounting to Rs. 800/- was...
Saleeman Vs. Brijesh Kumar Maheshwari and ors.
Court: Uttaranchal
Decided on: Feb-15-2006
Reported in: 2007ACJ2034
B.C. Kandpal, J.1. The aforesaid appeals emerge out from the judgment and award dated 13.5.2002 passed by the Motor Accidents Claims Tribunal/A.D.J.-cum-Second F.T.C., Nainital (hereinafter referred as 'the Tribunal') in the M.A.C.T. Case No. 53 of 1999, hence are being decided by a common judgment.2. By the impugned award petitioner/ appellant Saleeman was awarded compensation to the tune of Rs. 1,37,000 against National Insurance Co. Ltd. to be paid within one month and in default the petitioner was also awarded interest at the rate of 9 per cent per annum from the date of presentation of the petition till the date of final payment of compensation. Petitioner has preferred her appeal for enhancement of the compensation amount whereas the respondent appellant National Insurance Co. Ltd. has preferred its appeal to set aside the award against it.3. The brief facts giving rise to the present appeals are that the petitioner/appellant Saleeman filed a claim petition with the. allegations ...
ishwari Datt Joshi Vs. Bhuwan Chandra Mungali (Decd.) and anr.
Court: Uttaranchal
Decided on: Feb-10-2006
Reported in: 2006(3)AWC2704(UHC)
Prafulla C. Pant, J.1. This appeal, preferred under Section 100 of Code of Civil Procedure, 1908, is directed against the judgment and decree dated 17.11.1981, passed by 1st Additional District Judge, Nainital, in Civil Appeal No. 145 of 1980, whereby judgment and decree passed by trial court in Civil Suit No. 76 of 1979, has been upheld.2. Brief facts of the case are that plaintiff-appellant is a tenant in a shop situated in Mohalla Bhawani Ganj, Haldwani. The defendant-respondent No. 1 is the owner-landlord of the building. Defendant-respondent No. 2 is Nagar Palika, Haldwani. The plaintiff instituted Civil Suit No. 76 of 1979 seeking relief of injunction against the defendants restraining them from demolishing the shop in question. It is pleaded in the plaint that the shop is in good and durable condition. It is further pleaded that before institution of the above suit, defendant No. 1 pressurized the plaintiff to vacate the shop and instituted a Small Cause Suit No. 17 of 1974 for ...
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