Uttaranchal Court April 2007 Judgments
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Mani Ram Vs. Padam Datta (D) by Lrs. and anr.
Court: Uttaranchal
Decided on: Apr-25-2007
Reported in: AIR2007Utr74; 2007(4)AWC3911
Prafulla C. Pant, J.1. These appeals, preferred under Section 100 of Code of Civil Procedure, 1908, are directed against the judgment and decree dated 7-5-1979, passed by Civil Judge, Dehradun, in civil appeal No. 145 of 1978 and civil appeal No. 22 of. 1979, whereby the judgment and decree dated 30-10-1978, passed by Illrd Additional Munsif, Dehradun, in Civil Suit No. 257 of 1977, and judgment and decree dated 4-4-1979, passed by Munsif, Dehradun, in Civil Suit No. 268 of 1977, are reversed.2. Heard learned Counsel for the parties and perused the record.3. Factual matrix of the case is that two suits i.e. Original Suit No. 257 of 1977 and 268 of 1977, are filed by plaintiff/appellant Mani Ram, one for cancellation of gift deed, executed in favour of the defendant/respondent Sada Nand Dobhal, and another suit for cancellation of sale deed, executed in favour of defendant Padma Datta and Dev Datta respectively. Both the deeds are said to have been executed by Jeet Ram Bahuguna, father ...
Uchchap Singh (D) Through L.R. and anr. Vs. Govind Singh (D) by L.Rs. ...
Court: Uttaranchal
Decided on: Apr-23-2007
Reported in: 2008(1)AWC1087
Prafulla C. Pant, J.1. This second appeal, preferred under Section 100 of the Code of Civil Procedure, 1908, is directed against the judgment and order dated 10.5.1978, passed by learned Civil Judge, Almora, in Civil Appeal No. 7 of 1973, whereby the trial court's judgment and order dated 12.3.1973, passed by Munsif Ranikhet, in Civil suit No. 45 of 1963, was set aside and said suit is decreed.2. Heard learned Counsel for the parties and perused the papers on record.3. Brief facts of the case are that a suit No. 45 of 1963 as instituted by plaintiff Govind Singh for recovery of arrears of rent and mesne profits and also for ejectment of defendant No. 2 from the house in suit. Plaintiffs case is that the parties are residents of village Sajgori, Patti Malla Silore, Tehsil Ranikhet, District Almora. The plaintiff Govind Singh and defendant Nos. 2 and 3 Anoop Singh and Kundan Singh are the joint owners of the house in suit situated in plot No. 652 in the aforesaid village. Defendant No. 1...
Lal Chand (Deceased) and ors. Vs. Jarnail Singh (Deceased)
Court: Uttaranchal
Decided on: Apr-20-2007
Reported in: 2008(1)AWC1091
Prafulla C. Pant, J.1. This appeal, preferred under Section 100 of the Code of Civil Procedure, 1908, is directed against the judgment and decree dated 22.2.1977, passed by Second Additional District Judge, Nainital in Civil Appeal No. 103 of 1973 arising out of Original suit No. 59 of 1972.2. Heard learned Counsel for the parties.3. The brief facts of the case are that plaintiffs/appellants instituted a suit for permanent injunction, restraining the defendant from interfering in the possession of the plaintiffs/appellants over the land of Plots No. 24/2A, 24/2B, 24/3AB, 24/4, 25/1. 25/2, 26/1, 26/2, 27/1, 27/2, 28AB. 29/1, 29/2, 30, 31, 32/1, 32/2AB, 32/3, 33/1, 33/2, 33/3AB, 34. 35/1. 35/2, 35/3A, 35/3B, 36AB and 37/2B, measuring 146 Bigha 12 Biswa in village Narpatpur (Bagatpur), Pargana Bhabar Kota, Tehsil Kaladhungi, district Nainital. The plaintiffs/appellants' case is that, they were in continuous cultivatory possession of the aforesaid plots for eight years before institution o...
Daveshwar Prasad Tiwari and anr. Vs. Kalyan Singh (Deceased by Lrs.)
Court: Uttaranchal
Decided on: Apr-19-2007
Reported in: AIR2007Utr72
ORDERPrafulla C. Pant, J.1. This appeal, preferred under Section 100 of Code of Civil Procedure, 1908, is directed against the judgment and order dated 9-8-1977, passed by learned District Judge, Pauri Garhwal in civil appeal No. 34 of 1970, and civil appeal No. 37 of 1970, arising out of suit No. 05 of 1967.2. Heard learned Counsel for the parties and perused the record.3. Brief facts of the case are that a suit No. 5 of 1967, was filed by the plaintiffs/appellants against Kalyan Singh (since deceased) for demolition of the disputed construction raised by the said defendant and also for injunction and damages. Plaintiffs/appellants case is that one Shankar Lal and Jagdish Prasad were original owners of the plots in suit. A suit was filed in the year 1942 and they got the plots partitioned. Thereafter, defendant purchased a portion of the plot from the aforesaid original owners. Other portion of the plot was purchased by the plaintiffs' father-Salig Ram Tiwari. Land owned by Shankar La...
Deep Raj Vs. State
Court: Uttaranchal
Decided on: Apr-17-2007
Reported in: 2007CriLJ2663
Dharam Veer, J.1. This appeal, under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), has been preferred by the appellant against the judgment and order dated 10-6-1987 passed by Sessions Judge, Tehri Garhwal in Sessions trial No. 31 of 1986, State v. Deep Raj, whereby the learned Sessions Judge convicted the appellant under Section 376, I.P.C. and awarded for 7 years R.I. as well as under Section 376/511 of I.P.C. and awarded for 7 years R.I. and both the sentences were directed to run concurrently.2. The prosecution story in brief is that Km. Kanta, the victim, is a resident of Mayapuri, Delhi. Her mother on the faith over accused/appellant sent her daughter along with the appellant to Hardwar in connection with the treatment of chronic ailment of cough from which the prosecutrix was suffering from her childhood. On 30-6-1986, the prosecutrix in the company of the accused came from Delhi to Hardwar and stayed in Dharamshala. The prosecutrix di...
Samai Singh and ors. Vs. Hukam Singh Chauhan
Court: Uttaranchal
Decided on: Apr-17-2007
Reported in: AIR2007Utr67
ORDERRajesh Tandon, J.1. Heard Sri Section K. Jain counsel for the appellant and Sri Alok Singh, Senior Advocate assisted by Sri. D. Barthwal counsel for the respondents.2. Present appeal has been preferred against the judgment and decree dated 2-11-2002 passed by the Additional District Judge, Haridwar in Civil Appeal No. 84 of 1998 dismissing the appeal and confirming the judgment and decree passed by the trial Court.3. Briefly stated the plaintiff appellants have filed a civil suit in the Court of Civil Judge (S.D.) Haridwar for mandatory injunction for rendition of accounts stating therein that admittedly he has executed a power of attorney in favour of the defendant. Paragraphs 2 and 8 of the suit are quoted below:(Vernacular matter omitted....Ed.)4. According to the plaintiffs they are Bhumidhar and are in possession over the land in dispute. The land is valued for Rs. 45,000/- per bigha. Defendant is the samadhi of plaintiff No. 1 and mausa of plaintiffs No. 2 and 4. The plainti...
Rajeev Gupta Vs. Union of India (Uoi) and ors.
Court: Uttaranchal
Decided on: Apr-13-2007
Reported in: AIR2007Utr69
ORDERB.S. Verma, J.1. By means of the present election petition, the petitioner has challenged the election to Legislative Assembly Constituency No. Dehradun-14 and to quash the entire election process of the respondent Nos. 7 to 19 on the ground of invalidity of their nomination forms and to declare the petitioner to have been elected to the said election unopposed.2. The petitioner has further challenged the election of the respondent No. 7 as Chairman of the Uttrakhand Legislative Assembly to be declared as illegal.3. Admittedly, the election to the State Legislative Assembly was notified in the Official Gazette on 25th January, 2007. The petitioner has alleged that in the legislative assembly constituency No. 14-Dehradun, the respondent No. 7 Harbans Kapoor was declared to have been elected after the counting of votes on 27-2-2007. Disappointed, the petitioner has sent the present petition to this Court by speed post.4. On receipt of the election petition to this Court, the followi...
United India Insurance Co. Ltd. Vs. Kailash Chandra Pandey and ors.
Court: Uttaranchal
Decided on: Apr-09-2007
Reported in: 2007ACJ1584
Prafulla C. Pant, J. 1. This appeal preferred under Section 30 of the Workmen's Compensation Act, 1923 is directed against the judgment and order dated 31.8.2005, passed by the Workmen's Compensation Commissioner/Assistant Labour Commissioner, Kumaon Division, Haldwani, Distt. Nainital in W.C.C. No. 79 of 2002, whereby the amount of Rs. 4,30,480 (including the interest) is awarded in favour of the claimants-respondent Nos. 1 and 2.2. Heard learned Counsel for the parties and perused the record.3. Brief facts of the case are that an application was moved by the claimants Kailash Chandra Pandey and Godawari Pandey (present respondent Nos. 1 and 2), parents of the deceased before the Commissioner for Workmen's Compensation, alleging that respondent Dhananjay Datt Pandey is owner of vehicle bearing registration No. UAB 4056. Basant Ballabh Pandey (deceased), son of the claimants, was the driver in said vehicle. It is alleged by claimants that deceased was employee of respondent Dhananjay D...
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