Uttaranchal Court September 2006 Judgments
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National Insurance Co. Ltd. Vs. Mithlesh and ors.
Court: Uttaranchal
Decided on: Sep-26-2006
Reported in: 2007ACJ765
Rajeev Gupta, C.J.1. This is insurer's appeal against the award dated 20.1.2004 passed by Motor Accidents Claims Tribunal/Additional District Judge, Roorkee, Haridwar in Motor Accident Claim Case No. 25 of 2003.2. The claimants, who are unfortunate widow, minor children and mother of the deceased Rajendra Kumar Sharma, claimed compensation of Rs. 35,10,000 for his death in motor accident on 19.2.2003 when his motor cycle bearing registration No. UP 10-B 3669 was dashed by the offending vehicle bus bearing registration No. UMU 9904 resulting in multiple serious injuries to Rajendra Kumar Sharma, who succumbed to those injuries immediately after reaching Civil Hospital. The claimants further pleaded that Rajendra Kumar Sharma was getting salary of Rs. 13,045 as teacher in a government college.3. The owner and the insurer of the offending vehicle bus contested the claim and denied their liability to pay compensation to the claimants. The owner of the offending vehicle bus took the plea th...
Jogender Singh and anr. Vs. New India Assurance Company and anr.
Court: Uttaranchal
Decided on: Sep-26-2006
Reported in: II(2007)ACC442
Rajesh Tandon, J.1. This appeal is against the award dated 3rd August, 2004, passed by the Motor Accident Claims Tribunal, Nainital for enhancement of the amount of award.2. The claimants appellants preferred a claim petition under Section 166 of the Motor Vehicles Act, for the grant of compensation on account of the death of Sri Raju @ Sukhwinder @ Lakhvinder in a motor vehicle accident. According to the claimants on the fateful day on 25th April, 2000 at 5.30 a.m. the deceased parked his tanker No. MH 04-C 2035 in front of Surya Parking Dhaba on Mumbai-Pune Road, P.S. Vadgaon. A truck No. KA/22-B-2798 came from the opposite side from Mumbai, which was being driven rashly and negligently and dashed the tanker of the deceased. The deceased was sitting in the tanker; he sustained fatal injuries and died instantaneously. The conductor of the truck also sustained injuries in the accident. According to the complainants at the time of accident the deceased was 26 years of age and he was ear...
Balwant Singh Chuphal Vs. State of Uttaranchal and anr.
Court: Uttaranchal
Decided on: Sep-25-2006
Reported in: 2007CriLJ1362
ORDERPrafulla C. Pant, J.1. By means of these two petitions, moved under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as Cr. P.C). the petitioners have sought quashing of Criminal Case No. 941 of 2003, State v. Balwant Singh Chuphal and Ors. (arising out of Case Crime No. 2472 of 2002 relating to offence punishable under Sections 454, 380 and 506, I.P.C. with Police Station, Haldwani), pending in the Court of Judicial Magistrate, Haldwani.2. Heard learned Counsel for the parties and perused the papers.3. Brief facts of the case are that the respondent-Ramesh Chandra Pandey 'Pathik' Advocate lodged an First Information Repprt against petitioner-Balwant Singh Chuphal relating to an incident dated 7- 8-2002, in which it is alleged that he was tenant in two shops, situated in Heera Nagar, Haldwani belonging to Parvatiya Sanskritik Utthan Manch. It is further alleged in the First Information Report that when informant Ramesh Chandra Pandey was out of station due ...
Rai Bahadur Narayan Sugar Mills Ltd. Vs. State of Uttaranchal and ors.
Court: Uttaranchal
Decided on: Sep-22-2006
Reported in: AIR2007Utr36
ORDERRajesh Tandon, J.1. Since, all these writ petitions arise out of common orders dated 24-5-2006 and 25-11 -2005 passed by respondents Nos. 2 and 3 respectively arid the issue involved in all these writ petitions is common, all these writ petitions are being disposed of by this common Judgment.2. Heard Mr. Alok Singh, Senior Counsel assisted by Mr. D. Barthwal, Advocate for (the petitioner and the learned Standing Counsel for the respondents.3. By the present writ petitions, the petitioner has prayed for quashing the orders dated 24-5-2006 and 25-11-2005 passed by respondents Nos. 2 and 3 respectively.4. Brief facts of the case;, as narrated in Writ Petition No. 712 of 2006 (M/S), are that the petitioner Company sought permission for purchasing agricultural/horticultural land situated in Village Sikkar, Bukkanpur and Gopalpur, Tehsil Roorkee, District Haridwar from Uttaranchal Government for the purposes of establishing Agro and Food Processing Industry. The permission was granted t...
Commissioner, Sales Tax Vs. Ratan Lal Sah and Sons
Court: Uttaranchal
Decided on: Sep-07-2006
Reported in: (2007)8VST37(NULL)
B.C. Kandpal, J.1. This revision, under Section 11(1) of the U. P. Sales Tax Act, 1948 has been preferred against the judgment and order dated September 18, 1991, passed by the Sales Tax Tribunal.2. Brief facts of the case are that the assessee Ratan Lal Sah, opposite party, is a dealer in Indian-made foreign liquor and having licence of F. L. 5 for the purpose he is, as such, authorised to make imports of Indian-made foreign liquor from the dealers having F. L. 2 and to sell the same.3. On July 27, 1991, the authorities of the Excise Department found 96 bottles each weighing 750 M. L., 720 half bottles, each weighing 375 M. L., and 47 quarters each containing 180 M. L. Consequently, the Excise Inspector making raid of the shop of the assessee-firm seized all the materials and lodged the F.I R. against him on one hand and on the other hand after getting necessary directions sold the same in the open market and fetched a sum of Rs. 48,000 by auction. On account of the F.I. R. the assess...
Pushpa Devi and ors. Vs. National Insurance Co. Ltd.
Court: Uttaranchal
Decided on: Sep-05-2006
Reported in: 2007ACJ2852
Rajeev Gupta, C.J.1. This is claimants' appeal under Section 173 of the Motor Vehicles Act, 1988, against the award dated 19.3.2002 passed by the Motor Accidents Claims Tribunal/District Judge, Tehri Garhwal in Motor Accident Claim Petition No. 46 of 1998.2. The claimants, who are unfortunate widow, minor children and parents of the deceased Vijay Kumar Bahuguna, claimed compensation of Rs. 11,06,000 for his death in motor accident when his motor cycle bearing registration No. UHA 9448 dashed against a boulder, as a result whereof, he and his motor cycle fell in the river resulting in his death. Claimants pleaded that deceased Vijay Kumar Bahuguna was aged about 45 years on the date of accident and was getting salary of Rs. 11,000 as Senior Clerk in the office of State Bank of India, Chamba.3. The insurer of the motor cycle contested the claim and denied its liability to pay compensation to the claimants on the plea that the insurance policy taken by the deceased, who was the owner of ...
Chandra Shekhar Joshi Vs. Chandra Ballabh Pant and ors.
Court: Uttaranchal
Decided on: Sep-04-2006
Reported in: AIR2007Utr25; 2007(1)AWC125
Prafulla C. Pant, J.1. This second appeal, preferred under Section 100 of Code of Civil Procedure, 1908, is directed against the judgment and decree dated 10.7.1978, passed in Civil Appeal No. 15 of 1975 (A) by learned Civil Judge, Almora, whereby the said appeal is dismissed, affirming judgment and decree passed on 19.6.1975 by the trial court in civil suit No. 142 of 1970, for relief of possession against the appellant (defendant No. 1) with observation that the plaintiff would be entitled to execute decree for possession against defendant No. 1 (present appellant) and that he (plaintiff) would be entitled to joint possession alongwith defendant/respondents No. 2 to 4 over the property in suit.2. Heard learned Counsel for the parties and perused the entire record.3. Before narrating facts of the case, it is pertinent to mention here that how the parties are related to each other. The relationship between them is as follows:. Gauri Dutt Joshi (Deceased) (Not owner) (son) (son) Leela ...
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