Uttaranchal Court May 2006 Judgments
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Kishan Ram and ors. Vs. State of U.P.
Court: Uttaranchal
Decided on: May-25-2006
Reported in: 2006CriLJ4149
Prafulla C. Pant, J.1. This appeal, preferred under Section 374(2) of Code of Criminal Procedure, 1973, is directed against the judgment and order dated SIS'1986, passed in Sessions Trial No. 31 of 1985, by the then learned Sessions Judge, Almora, whereby appellants Kishan Ram, Deb Ram and Tara Ram, were convicted under Section 302 read with Section 34 of Indian Penal Code, 1860 (hereinafter for brevity referred as I.P.C.) and each one of them was sentenced to imprisonment for life. Appellant Kishan Ram was further convicted and sentenced to undergo one-year rigorous imprisonment under Section 452 of I.P.C. and three years rigorous imprisonment under Section 394 of the said Code.2. According to the prosecution story, deceased Sher Ram was resident of village Kotuli. P.W.,1 Smt. Saruli Devi is his widow and P.W. 2 Nandi Devi is his daughter. Smt. Saruli Devi is handicapped and lame who cannot walk but only crawl. Accused/appellants Kishan Ram, Deb Ram and Tara Karri are also residents o...
Smt. Kanti Devi and ors. Vs. Moolchand Lalta Prasad and ors.
Court: Uttaranchal
Decided on: May-22-2006
Reported in: AIR2007Utr30
J.C.S. Rawat, J.1. This Appeal has been preferred against the judgment and order dated 5-5-1980 passed by Sri Naseem Uddin, the then III Additional District Judge, Nainital in Motor Accident Claim No. 79 of 1979 between Smt. Kanti Deviand Ors. v. Moolchand and Ors. by which the learned III Additional District Judge, Nainital has rejected the claim. Feeling aggrieved by the said Judgment and order, the present appeal has been preferred.2. Brief facts for the disposal of this appeal are that on 25-5-1979 at about 5.30 a.m., Tula Ram deceased was carrying milk on his bicycle from his village Rangora Parao, Ramnagar and he was not driving the bicycle. When he reached near the shop of Durga Dutta and was just to enter the road Ramnagar-Gargia, the offending truck No. USR 6811 was driven by the driver Sri Rewat rashly and negligently hit thedeceased Tula Ram in the kuchha strip by the side of the main road 2 feet away from the hut of Durga Dutt and caused the death of Sri Tula Ram. It was fu...
United India Insurance Co. Ltd. Vs. Sudha Lata Maithani and ors.
Court: Uttaranchal
Decided on: May-18-2006
Reported in: 2007ACJ1182
B.S. Verma, J.1. This appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988 (in short 'the Act') against the judgment and award dated 24.10.2005, passed by the Motor Accidents Claims Tribunal/Special Judge, Nainital (in short 'the Tribunal'), in M.A.C. Case No. 355 of 1989, Sudha Lata Maithani v. Almora Dugdh Utpadak Sahakari Sangh Ltd., whereby the learned Tribunal has allowed the claim petition and decreed the claim for compensation of Rs. 81,000 along with interest at the rate of 12 per cent per annum as against the opposite party Nos. 1, 2 and 3 as mentioned in the impugned order. Aggrieved, the insurance company, opposite party No. 3-appellant, has come up in appeal.2. Brief facts of the case are that Ved Prakash Maithani, son of claimant No. 1, aged 26 years and earning Rs. 1,260.50 as his salary as clerk-cum-storekeeper from his employer, lost his life in a vehicular accident which occurred on 10.2.1989 at about 10 p.m. between Haldwani-Bareilly Road within...
United India Insurance Co. Ltd. Vs. Balbir Kaur and ors.
Court: Uttaranchal
Decided on: May-18-2006
Reported in: 2007ACJ1455
P.C. Verma and B.C. Kandpal, JJ.1. The present appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred against the judgment and the award dated 6.8.2004, passed by M.A.C.T./Additional District Judge/Third F.T.C., Udham Singh Nagar, in M.A.C.P. No. 98 of 2003, Balbir Kaur v. Fahim Ahmad, by which the claimants were awarded compensation of Rs. 3,12,000 along with interest at the rate of 7 per cent per annum payable by the opposite party/appellant, United India Insurance Co. Ltd.2. Brief facts of the case giving rise to this appeal are that on 6.3.2003 at about 2.30 p.m. Atma Singh deceased along with his son Satnam Singh was going to Tada Ujjain from Kashipur Chauraha and as soon as they reached near Malgodam on Station Road, the driver of tractor No. UP 21-H 4596 coming from the side of Chauraha rashly and negligently, dashed Atma Singh from behind due to which Atma Singh was seriously wounded and died at the spot. As per the claim petition, the age of the deceased A...
Premoo Vs. State of Uttaranchal and anr.
Court: Uttaranchal
Decided on: May-17-2006
Reported in: 2006(3)AWC2581(UHC)
Rajesh Tandon, J.1. Heard the learned Counsel for the parties at length.2. By the present writ petition the petitioner has prayed for a writ of certiorari quashing the order dated 18.3.2006, passed by the District Judge, Uttarkashi.3. Briefly stated, proceedings under the U.P. Public Premises (Eviction of Unauthorised Occupants) Act, were initiated against the petitioner and ultimately order of eviction was passed against him on 21.6.1994 by the Prescribed Authority, Uttarkashi. The petitioner preferred an appeal against the said order In the Court of District Judge, Uttarkashi. The appeal was dismissed in default on 15.3.1996.4. On coming to know about the order of dismissal of the appeal, the petitioner moved a restoration application alongwith the application under Section 5 of the Limitation Act, for condonation of delay on 16.7.2003 on the ground that he engaged one Sri Shardul Singh Negi, advocate and on the assurance of the advocate that he will do pairvi in the case, the petiti...
Thapar Intrafor Co. Ltd. and anr. Vs. Sumitra Devi and ors.
Court: Uttaranchal
Decided on: May-09-2006
Reported in: 2007ACJ2335
B.S. Verma, J.1. This appeal under Section 110-D of the Motor Vehicles Act, 1939 (for short 'the Act') has been preferred against the judgment and order dated 13.2.1984 passed by the Motor Accidents Claims Tribunal-cum-District Judge, Tehri, Garhwal (hereafter in short 'the Tribunal') in M.A.C. Petition No. 18 of 1983, Sumitra Devi v. Bishamber Nath, whereby learned Claims Tribunal awarded compensation of Rs. 87,800 along with interest at the rate of 6 per cent per annum against all the opposite parties and further ordered that insurance company, respondent No. 3, shall be liable to pay Rs. 50,000 and the opposite parties-appellants shall be liable to pay the rest of compensation amount. Aggrieved, the owner and driver of the vehicle appellants, have come up in appeal before this Court.2. The relevant facts giving rise to this appeal are that Govind Singh, husband of the claimant Sumitra Devi, aged about 38 years and a mechanic by profession, earning Rs. 660 per month as salary from T....
Sulochana Negi and ors. Vs. New India Assurance Co. Ltd.
Court: Uttaranchal
Decided on: May-09-2006
Reported in: IV(2006)ACC604
B.S. Verma, J.1. The abovementioned three appeals arise out of the same motor accident, parties to the proceedings are same and similar questions are involved for determination in these appeals, therefore, these appeals are being decided by this common judgment for convenience. It may be mentioned that in these cases the injured and the deceased persons belonged to one and same family i.e. Smt. Sulochana Negi is the injured, while deceased Yadubeer Singh was her husband and deceased Km. Deepa was her daughter. All these persons were travelling by the same bus on the fateful day, which resulted in the death of two persons and injuries to Smt. Sulochana Negi along with other persons.2. These appeals have been preferred under Section 173 of the Motor Vehicles Act, 1988, (in short the Act) against the judgment and Award dated 11th March, 1991 passed in M.A.C. Petition No. 17 of 1989, M.A.C. Petition No. 15 of 1989 and M.A.C. No. 16 of 1988 by Motor Accident Claims Tribunal/District Judge, ...
Thapar Intra for Company Ltd. and anr. Vs. Sumitra Devi and ors.
Court: Uttaranchal
Decided on: May-09-2006
Reported in: IV(2006)ACC597
B.S. Verma, J.1. This appeal under Section 110D of the Motor Vehicles Act, 1939 (for short the Act) has been preferred against the judgment and order dated 13th February, 1984 passed by the Motor Accident Claims Tribunal/District Judge, Tehri Garhwal (in short the Tribunal) in M.A.C. Petition No. 18 of 1983, Smt. Sumitra Devi and Ors. v. Bishamber Nath and Ors. whereby the learned Tribunal awarded compensation of Rs. 87,800 along with interest @ 6% per annum against all the opposite parties and further ordered that respondent No. 3-Insurance Company shall be liable to pay Rs. 50,000 and the O.P.-appellants shall be liable to pay the rest of the compensation amount. Aggrieved, the owner and driver of the vehicle-appellants have come up in appeal before this Court.2. Relevant facts giving rise to this appeal are that Govind Singh, husband of the claimant Sumitra Devi, aged about 38 years and a mechanic by profession earning Rs. 660 per month as salary from T.I.C.I.L. Simlasu Tehri, lost ...
Oriental Insurance Co. Ltd. Vs. Kamlesh Sharma and ors.
Court: Uttaranchal
Decided on: May-08-2006
Reported in: 2007ACJ2562
B.S. Verma, J.1. Heard. Grounds are sufficient to condone the delay. Delay is condoned. The appeal is admitted.2. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') is directed against the judgment and award dated 1.2.1999 passed by the Motor Accidents Claims Tribunal/District Judge, Pauri Garhwal (in short 'the Tribunal') in Motor Accident Claim Petition No. 60 of 1998, Kamlesh Sharma v. Oriental Insurance Co. Ltd. whereby compensation of Rs. 2,00,000 has been awarded in favour of the claimants against the insurance company, appellant. Rider of interest was also put in case the amount of compensation is not paid within a period of one month.3. The relevant facts of the case are that the claimants filed a claim petition before the learned Tribunal for compensation of Rs. 20,35,000 in respect of death of Sushil Kumar, husband of the claimant No. 1, aged 25 years and earning Rs. 5,000 per month in a motor vehicle accident, which occurred on 7.4.1998, invo...
Baikunth Nath Kaushik Vs. Anand Swaroop Kaushik (Deceased) and ors.
Court: Uttaranchal
Decided on: May-06-2006
Reported in: 2006(3)AWC2547(UHC)
Prafulla C. Pant, J.1. This reference has been made by learned single Judge of this Court, while hearing Writ Petition No. 61 of 2000 (M/S) and Writ Petition No. 285 of 2001 (M/S}, both between the same parties, for being answered on following questions:1. Whether sub-section (4) of Section 331 of U.P. Zamindari Abolition and Land Reforms Act, 1950, is legislation by incorporation or by reference and its effect?2. Whether the provisions of Section 331 (4) of the U.P. Zamindari and Land Reforms Act, 1950, shall be deemed to have been substituted after the amendment made in Section 100 of the Code of Civil Procedure and, therefore, Section 100 of the Code of Civil Procedure as amended w.e.f. 1.2.1977 will also apply to sub section (4) of Section 331 of U.P. Zamindari Abolition and Land Reforms Act, 1950?2. We heard learned Counsel for the parties at length on both the above points.3. Before further discussion in the matter, we feel it necessary to reproduce the relevant provision of law....
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