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Uttaranchal Court July 2007 Judgments

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Jul 30 2007

Jagdish Chandra Joshi Vs. State Bank of Patiala and ors.

Court: Uttaranchal

Decided on: Jul-30-2007

Reported in: AIR2008Utr1

Rajeev Gupta, C.J.1. Mr. Arvind Vashishth, Advocate for the petitioner. Mr. S.K. Jain, Advocate for Respondent No. 1. Mr. Subhash Upadhyaya, Brief Holder for respondent No. 2.They are heard on admission.2. Petitioner Jagdish Chandra Joshi has filed this writ petition for the following reliefs:(i) issue a writ, order or direction in the nature of certiorari quashing the impugned auction notice published by respondent No. 1 in News Paper 'Amar Ujala' in its issue dated 24-5-2007 and further proceedings of auction in pursuance thereof.(ii) a writ, order or direction in the nature of Mandamus directing the respondents not to put petitioner's property (Plot No. 301 Kusum Khera Haldwani measuring 4200 Sq.Ft.) to auction and this Hon'ble High Court may further be pleased to pass such further and other orders and other suitable writs, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.(iii) award the cost of petition to the Petitioner.3. The pe...


Jul 18 2007

Govind Ballabh Pant University of Agriculture and Tech. Th. Its Vice-c ...

Court: Uttaranchal

Decided on: Jul-18-2007

Reported in: [2007(114)FLR837]

Rajesh Tandon, J.1. Heard Sri Rajendra Dobhal Counsel for the appellant.Present appeals have been filed against the judgment and award dated 19.7.1999 and order dated 12.12.2000 passed by the Workmen Compensation Commissioner, Haldwani awarding a sum of Rs. 55,677.00 as compensation to the claimant.2. The claimant-respondent has filed a claim petition before the Workmen Compensation Commissioner, Haldwani for grant of compensation on account of injuries sustained by him in an accident.3. Briefly stated the claimant was working as Labourer in C.R.C. Pantnagar in the establishment of the defendant on daily wages. He sustained grievous injury on his leg in an accident during his employment. His leg vessels were cut in the accident and he has become permanently disabled. His employer did not pay any compensation for his injuries in the accident. He has got medical treatment and he has become 50% disabled. The claimant has claimed a compensation of Rs. 75,000/- along with penalty and intere...


Jul 16 2007

Gambhir Singh Vs. Shiv Kumar Gupta and ors.

Court: Uttaranchal

Decided on: Jul-16-2007

Reported in: 2009ACJ1966

Rajesh Tandon, J.1. Heard Mr. S.C. Bhatt, counsel for the appellant and Mr. Rajesh Joshi, counsel for the respondent No. 3.2. Present appeal has been filed against the judgment and order dated 25.4.1988 passed by the Motor Accidents Claims Tribunal, Chamoli.3. Briefly stated the facts giving rise to the present appeal are that the appellant has filed a claim petition before the Motor Accidents Claims Tribunal, Chamoli for grant of compensation on account of death of Lalji Ram in a motor vehicle accident on 31.7.1986 at 12 noon near Hanuman Chatti, District Chamoli Garhwal, involving bus No. HRX 2791. The claimant alleged that the accident had taken place due to rash and negligent driving by the bus driver.4. The opposite parties contested the claim petition. The opposite party Nos. 1 and 2, i.e., the driver of the bus and the owner of the bus have denied that the accident took place due to rash and negligent driving of the bus. They have contended that it was raining and the road was s...


Jul 16 2007

Sai Auto Industries Vs. Union of India (Uoi)

Court: Uttaranchal

Decided on: Jul-16-2007

Reported in: 2009[13]STR324

ORDER1. They are heard on admission.2. The petitioners have filed this writ petition for the following reliefs:(a) To issue a Writ, Order or Direction in the nature of certiorari quashing the Show Cause Notice No. C. No. V (15)Adj./M-II/Sai Auto/25/-7/4157 dated 8-5-2007 (Annexure XI to the writ petition).(b) To issue a Writ, Order or direction in the nature of mandamus directing the respondents not to proceed against the petitioners in the matter of Central Excise Duty till the matter of exemption is finally disposed of by the Hon'ble Apex Court or by the Committee appointed by the Hon'ble Uttaranchal High Court.(c) To issue any other Writ, Order or direction as deemed fit and proper under the circumstances of the case.(d) To award cost of the petition throughout.3. The petitioners, thus, are seeking quashing of the show-cause notice (Annexure No. 11) issued by respondent No. 2.4. Mr. Arvind Vasishth the learned Assistant Solicitor General, placing reliance on the dicta of the Apex Co...


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