Uttaranchal Court April 2006 Judgments
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Sudesh Kumar Kapoor Vs. Anil Anand and anr.
Court: Uttaranchal
Decided on: Apr-27-2006
Reported in: II(2006)ACC546; 2007ACJ1130
Prafulla C. Pant, J.1. This appeal, preferred under Section 173 of the Motor Vehicles Act, 1988, is directed against the judgment and award dated 19.5.1999 in Motor Accident Claim Case No. 55 of 1994, passed by learned M.A.C.T./Second Additional District Judge, Nainital, whereby the claim petition of the appellant, is dismissed.2. Brief facts of the case are that on 16.7.1992, at about 7 p.m., the appellant-claimant was coming from Kichcha to Haldwani in his scooter registration No. UMM 2669. When he reached near Mazar, a truck bearing registration No. UHT 39, owned by respondent No. 1, which was being driven rashly and negligently by its driver, dashed at the scooter. Consequently, the appellant-claimant fell from the scooter and received head injuries. Some people took him immediately to the Base Hospital, Haldwani and got him admitted there. However, next day when his condition did not improve, he was taken to Delhi for further treatment. Due to the injuries received in the accident...
State of Uttaranchal Vs. Mohd. Sayed
Court: Uttaranchal
Decided on: Apr-26-2006
Reported in: 2006CriLJ4334
J.C.S. Rawat, J.1. This appeal has been directed against the Judgment and order dated 9.3.2004 passed by the learned Additional Sessions Judge/I F.T.C., Haridwar in Session Trial No. 241/03 in Case Crime No. 150 of 1997 whereby he convicted and sentenced the accused Under Sections 216/34, I.P.C. and 4/5 Explosive Substances Act and 151/34 of Railways Act to the period already undergone by him in jail.2. Brief facts for the disposal of this appeal are that an F.I.R. was lodged in the Police Station GRP Laksar on 24.7.1997 by the Station Master alleging therein that on 24.7.1997 at about 1.45 p.m. he got the in formation that in between the railway station Chakrajmal and Suohara there is a [bomb blast in 3010 Doon Express. On the information, the police party reached at the Suohar Station and inquired about the said r explosion. It was revealed by the passengers therein that when the train started from Dehradun, an unknown person came in the said coach along with the briefcase. He kept t...
Bhim Dutt Vs. Bimla Devi
Court: Uttaranchal
Decided on: Apr-26-2006
Reported in: II(2006)DMC687
Prafulla C. Pant, J.1. This appeal, preferred under Section 28 of Hindu Marriage Act, 1955, is directed against the judgment and decree dated 16.10.1996, in Original Suit No. 41 of 1995, passed by learned District Judge, Tehri Garhwal, whereby the petition of the respondent was allowed for permanent alimony, directing the appellant to pay Rs. 1,000 per month as maintenance to her.2. Brief facts of the case are that the appellant got married to the respondent according to Hindu rites in the month of November, 1978. It appears that the respondent filed a divorce petition in the year 1989, against her husband (appellant), which was decreed ex parte and the marriage between the parties was dissolved. Thereafter, in the year 1995, the respondent filed a petition under Section 25 of Hindu Marriage Act, 1955, for permanent alimony, claiming Rs. 5,000 per month as maintenance from the appellant (divorced husband), which was registered as Original Suit No. 41 of 1995. It was alleged in the peti...
Pradeep Negi Vs. Uttaranchal State Road Transport Corporation
Court: Uttaranchal
Decided on: Apr-26-2006
Reported in: 2007ACJ1559
Rajeev Gupta, C.J. 1. Mr. Manish Dalakoti, Advocate for the appellant. Mr. N. S. Pundir, Advocate for the respondent. They are heard.2. This is the claimant's appeal for enhancement of the compensation awarded by Motor Accidents Claims Tribunal/Addl. District Judge (Second Fast Track Court), Nainital vide award dated 10.2.2006 passed in Motor Accident Claim Case No. 15 of 2005.3. Claimant Pradeep Negi by filing claim petition under Section 166 of the Motor Vehicles Act claimed compensation of Rs. 54,00,000 (rupees fifty-four lakh) for the injuries suffered by him in the motor accident on 16.11.2004 when the bus bearing registration No. UP 07-H 5484 dashed him resulting in multiple injuries including crush injuries in his left leg. In spite of several operations, claimant's left leg was amputated. The claimant pleaded that he was a student of MBA and after completing his education, he would have secured a reasonable job for himself with a handsome salary of at least Rs. 20,000 per month...
NavIn Chandra Joshi and ors. Vs. Registrar Co-operative Societies and ...
Court: Uttaranchal
Decided on: Apr-25-2006
Reported in: 2006(3)AWC2795(UHC)
Prafulla C. Pant, J.1. By means of this petition, moved under Article 226 of the Constitution of India, writ of certioran has been sought challenging the promotion order of respondents No. 3 and 4, who are alleged to be junior employees to the petitioners. Also, mandamus has been sought to prepare the seniority list of Group-Ill employees of the District Co-operative Bank, Almora.2. Brief facts of the case, as narrated in the writ petition, are that the petitioners were appointed on the post of clerk-cum-cashier in the District Co-operative Bank between 1979 to 1983. Initially their appointments were made on daily wage basis (prior to respondents No. 3 and 4 who were also engaged in the same manner) and later considering their work and conduct they were given ad hoc appointments to the post and started getting regular pay scale. It is stated in the writ petition that service of the petitioners and respondents No. 3 and 4 were regularized by respondent No. 2 vide order dated 28.6.1993 (...
Abnsah Lal Harish Kumar Through Its Partner Harish Banga Vs. Assistant ...
Court: Uttaranchal
Decided on: Apr-25-2006
Reported in: [2006(110)FLR418]; (2006)IIILLJ707UC
Rajesh Tandon, J.1. By the present writ petition, the petitioner has prayed for a writ of certiorari quashing the orders dated May 21, 2004 as well as the order dated March 10, 2006 (Annexures-1 and 2 to this writ petition) passed by the Assistant Commissioner Provident Funds Employees Provident Fund Organization, Sub-Regional Office Abadulla Building, Bareilly Road, Haldwani, Dist-Nainital.2. Briefly stated, the proceedings under Section 7-A of the Employees Provident Funds and Misc. Provisions Act, 1952 were initiated by the Assistant Provident Fund. Commissioner, Haldwani. During the proceedings, it appears that the notices were issued to the petitioner on March 10, 2006 calling him to appear and to pay the amount of arrears amounting to Rs. 81,293/-. It appears, according to the case of the petitioner that the notices could not be served upon the petitioner as such ex parts proceedings were initiated against the petitioner and by order dated May 21, 2004, it has been observed by th...
National Insurance Company Limited Vs. Dinesh Kumar Arora and ors.
Court: Uttaranchal
Decided on: Apr-20-2006
Reported in: II(2007)ACC807
B.S. Verma, J.1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the Act) is directed against the judgment and award dated 18.10.2002, passed by the Motor Accident Claims Tribunal, Tehri Garhwal (in short the Tribunal) in Motor Accident Claim Petition No. 5 of 1998, Dinesh Kumar Arora v. Jabar Singh and Ors. whereby compensation of Rs. 1,20,000 has been awarded in favour of the claimant along with interest @ 9% per annum from the date of claim petition till the date of payment against the Insurance Company-appellant.2. Relevant facts are that claimant Dinesh Kumar Arora filed claim petition for compensation of Rs. 3,42,000 for the injuries suffered by him on 14.7.1997 due to rash and negligent driving of the Commander Jeep Taxi No. UP 07C-2125 by its driver in the accident which occurred near Gholapani in village Dagar. Due to the accidental injuries, the claimant was treated in different hospitals and incurred expenses on various counts. The claim petition was...
Rekha Rani and ors. Vs. U.P. State Road Transport Corporation and anr.
Court: Uttaranchal
Decided on: Apr-19-2006
Reported in: I(2007)ACC44
Prafulla C. Pant, J.1. These two appeals, preferred under Section 173 of the Motor Vehicles Act, 1988, are directed against the judgment and award dated 21st August, 2001 in Motor Accident Claims Case No. 77 of 1995, passed by learned M.A.C.T./District Judge, Dehradun, whereby the claimant's petition under Section 166 of the aforesaid Act was allowed for a sum of Rs. 4,81,000 as compensation to be paid by the U.P. State Road Transport Corporation.2. Brief facts of the case are that on 6th February, 1995, Shyam Sunder (deceased) was going from Patel Nagar to Saharanpur Chowk, in Dehradun, on his scooter bearing registration No. U.G.Y./5590. It is alleged in the claim petition that he was going on the left side of the road with a moderate speed. When he reached near Mata Wala Bagh Gate, suddenly, a bus bearing registration No. U.G.Y./8217, owned by the U.P. State Road Transport Corporation, which was being driven rashly and negligently by its driver respondent Sunder Lai Badoni, dashed a...
Vikram Singh and ors. Vs. Manvendra Singh and ors.
Court: Uttaranchal
Decided on: Apr-19-2006
Reported in: II(2006)ACC461; 2007ACJ950
Prafulla C. Pant, J.1. This appeal preferred under Section 173 of Motor Vehicles Act, 1988, by claimants, is directed against the judgment and award dated 8.9.2000 in Motor Accident Claim Case No. 41 of 1999, passed by the learned M.A.C.T./District Judge, Chamoli, whereby a sum of Rs. 59,500 has been awarded as amount of compensation to the claimants.2. Brief facts of the case are that on 5.7.1999, Nandan Singh (deceased) was travelling in the jeep bearing registration No. UP 07-J 0833 on his way from Pauri Garhwal to Chamoli. It is alleged in the claim petition, that due to rash and negligent driving on the part of the driver of the jeep, at about 2 p.m., an accident took place in which Nandan Singh died. At the time of his death Nandan Singh was working as peon in the office of District Audit Officer, Co-operative Societies, Chamoli and his salary was Rs. 4,480 per month. Claimants-appellants Parwati Devi is the widow of the deceased and the claimants Vikram Singh and Laxmi are his c...
Chandra Shekhar Bhatt Vs. the State
Court: Uttaranchal
Decided on: Apr-18-2006
Reported in: 2006CriLJ2712
ORDERPrafulla C. Pant, J.1. This Revision, preferred under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, is directed against the order dated 20-1-1992, passed by Sub-Divisional Magistrate, Pithoragarh, in Criminal Case No. 6/18/1988, whereby a preliminary order dated 9-2-1987 has been made absolute under Section 133 of the Code.2. Brief facts of the case are that, the Station Officer of Police Station -- Jhulaghat made a report on 31-12-1986 alleging that the revisionist Chandra Shekhar Bhatt has obstructed the public road over an area of 2500 sq. ft. in the main market, which is causing nuisance to the public. The Station Officer has requested the concerned Executive Magistrate to initiate the proceedings under Section 133 of the Code of Criminal Procedure, 1973, against the revisionist. Pursuant to the report of the Station Officer, a preliminary order was issued under Section 133(1) of the Code directing the revisionist to remove the obstruction within 1...
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