Uttaranchal Court December 2007 Judgments
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New India Assurance Co. Ltd. Vs. Javitri Devi and ors.
Court: Uttaranchal
Decided on: Dec-27-2007
Reported in: 2009ACJ1982
J.C.S. Rawat, J.1. This appeal under Section 173 of Motor Vehicles Act has been filed against the award dated 5.8.2006 passed by the Motor Accidents Claims Tribunal/Third Fast Track Court, Nainital (hereinafter referred to as 'the Tribunal'), in M.A.C.P. No. 221 of 2005, whereby the learned Tribunal had awarded a sum of Rs. 5,12,000 as compensation along with interest at the rate of 6 per cent per annum to the claimants against New India Assurance Co. Ltd., appellant.2. Claimants have preferred the cross-objection bearing No. 15035 of 2006 for enhancement of compensation awarded by the Tribunal.3. Brief facts of the case are that the claimant-respondent Nos. 1 to 3 had filed a claim petition before the Tribunal, Nainital alleging therein that on 9.6.2005 at about 7 p.m. Kishan Lal alias Kishan Pal (deceased) was going on his motor cycle bearing No. UP 25-S 6009 from Pilibhit to his village Sagalpur Mahuaa, Police Station Bhojupura, District Bareilly. When he reached near Jatipur, Polic...
Khurana Brothers and Etc. Etc. Vs. State of Uttaranchal and ors.
Court: Uttaranchal
Decided on: Dec-27-2007
Reported in: AIR2009Utr12
M.M. Ghildiyal, J.1. Since all these review petitions are based on common grounds involving similar set of facts and question of law and have been filed seeking review of common judgment dated 13th April, 2004 passed by this Court in aforementioned writ petitions, hence these are being decided by one and common judgment.2. The dispute relates to payment of stamp duty on the instrument of sale of resin by auction. Earlier this Court, following the judgment of Allahabad High Court Bhatt Industries, Damodhara, District Almora and Ors. v. The Divisional Forest Officer, Almora and Ors., had dismissed these writ petitions vide order dated 13.4.2004 by holding that the petitioners were liable to pay the stamp duty. Now, these review petitions have been filed citing one and common ground that the Division Bench of the Allahabad High Court in the aforesaid judgment did not examine the document in question as to whether it is a conveyance or simply an instrument of agreement of sale.3. On a care...
Raju Verma Vs. Family Court and anr.
Court: Uttaranchal
Decided on: Dec-06-2007
Reported in: AIR2008Utr17
ORDERPrafulla C. Pant, J.1. Heard learned Counsel for the petitioner and learned Counsel for respondent No. 2.2. By means of this writ petition, the petitioner has sought writ in the nature of certiorari quashing the order dated 4-12-2007, passed by Principal Judge, Family Court, Dehradun, in Guardians and Wards Case No. 38 of 2007, Smt. Neelam Verma v. Shri Raju Verma.3. Brief facts of the case are that the petitioner-Raju Verma, got married to respondent No. 2-Neelam Verma, and two children namely Vanya Verma and Harshit Verma were born out of the wedlock. The daughter is said to be aged 11 years old while the son is said to be aged 7 years old. Vanya Verma (daughter) is said to be studying in Welham Girls School, as a boarder. And Harshit Verma (son) is studying in Brightland School, Dehradun. The respon dent No. 2. Neelam appears to have filed aforesaid case No. 38 of 2007, before Principal Judge, Family Court, Dehradun, for appointing her as a guardian. During the pendency of suit...
Sattar Vs. State of Uttarakhand and anr.
Court: Uttaranchal
Decided on: Dec-04-2007
Reported in: AIR2008Utr18
ORDERPrafulla C. Pant, J.1. Heard2. By means of this writ petition, the petitioner has sought writ in the nature of certiorari quashing the order dated 17-11-2007, passed by respondent No. 2.3. Brief facts of the case are that various writ petitions No. 275 of 2006 (M/B), 393 of 2007 (M/B) (New No. 1446 (M/S) of 2007), 395 of 2007 (M/B) (New No. 1445 (M/S) of 2007), 391 of 2007 (M/B) (New No. 1442 (M/S) of 2007), 394 of 2007 (M/B) (New No. 1444 (M/S) of 2007), 396 of 2007, (M/B) (New No. 1443 (M/S) of 2007), 392 of 2007 (M/B) (New No. 1446 (M/S) of 2006), were filed In this Court, which were disposed of by this Court in which directions were issued to consider the representations of the petitioners in the light of the provisions of the Schedule Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. The petitioners in said case and the present petitioner have sought rehabilitation in the forest land as they allegedly belong to community of Ban Gujars, who...
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