Uttaranchal Court August 2007 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Oriental Insurance Co. Ltd. Vs. Sharda Rani and ors.
Court: Uttaranchal
Decided on: Aug-30-2007
Reported in: 2008ACJ2251
P.C. Verma and B.C. Kandpal, JJ.1. Since both these appeals under Section 173 of the Motor Vehicles Act, 1988, have been preferred against the judgment and award dated 7.4.2005 passed by the M.A.C.T./Addl. District Judge, Udham Singh Nagar in M.A.C.P. No. 59 of 2003, therefore, the appeals are being decided by this common judgment. M.A.C.T./Addl. District Judge (hereinafter referred as 'the Tribunal') vide aforesaid judgment awarded compensation of Rs. 7,29,500 along with interest at the rate of 6 per cent per annum from the date of presentation of claim petition till the date of final payment to the claimants payable by Oriental Insurance Co. Ltd.2. Brief facts of the case are that on 10.10.2002, Pramod Kumar Bansal, along with his friends and relatives was returning to his home in jeep No. UP 04-A 7437 after attending 'Kisan Mela' at Pant Nagar and when they reached at Mehtosh Moar, within P.S. Gadarpur, the jeep was stopped in order to urinate by the occupiers of the jeep. Pramod Ku...
Employees State Insurance Corporation Vs. Vidyut Carbon Products Pvt. ...
Court: Uttaranchal
Decided on: Aug-21-2007
Reported in: (2008)IIILLJ663UC
ORDERRajesh Tandon, J.1. Heard Sri C.K. Sharma, Counsel for the appellant and Sri Sudhir Kumar, Counsel for the respondent.2. By the present A.O. filed under Section 82 of the Employees' State Insurance Act, 1948, appellant has prayed for setting aside the order dated February 5, 2002 passed by the Employees State Insurance Court, Haridwar in O.S. No. 142/1996 Vidyut Carbon Products Private Ltd. through Managing Director, B.H.E.L. Ancillary Estate, Ranipur, Haridwar, Uttaranchal v. State.3. Briefly stated, a suit was filed by the respondent being O.S. No. 142/1996 Vidyut Carbon Products Private Ltd. through Managing Director, B.H.E.L. Ancillary Estate, Ranipur, Haridwar, Uttaranchal v. State challenging the Notice No. K.R.O. 578 dated December 11, 1991/December 19, 1991 (Ref. No. K/Ikns/III/21-9342-90) and recovery of Rs. 3,759.00 which has been wrongly levied from the plaintiff along with interest @ 18% per annum.4. According to the plaintiff/respondent he is engaged in manufacturing ...
Umesh Chand Srivastava, Asstt. Engineer, Pwd Barkot Vs. Habib Ahmad an ...
Court: Uttaranchal
Decided on: Aug-17-2007
Reported in: [2007(115)FLR476]
Rajesh Tandon, J.1. Heard Sri S.S. Negi Counsel for the appellant and Sri Pankaj Purohit Counsel for respondent No. 1 and Sri H.M. Katuri Counsel for respondent No. 3 and 4.Present appeal has been preferred against the judgment and order dated 26.6.1992 passed by Workmen's Compensation Commissioner, Pauri Garhwal.2. Briefly slated the appellant Habib Ahmed has filed the claim petition for the grant of compensation on account of the death of his son Akiz Ahmed in an accident, who was employed as mason and constructing the house of Umesh Chandra Srivastnva. The Workmen's Compensation Commissioner allowed the application vide order dated 26.6.1992 and awarded a sum of Rs. 89,084/- as compensation along with interest @ 6% per annum from the date of accident.3. Feeling aggrieved the present appeal has been filed by the appellant Umesh Chandra Srivastava.Counsel for the appellant has contended that the deceased was working with the Contractor Sarif Ahmed in the house of the appellant. The ap...
Smt. Tripta Sunita Singh and ors. Vs. Habil D. Singh and anr.
Court: Uttaranchal
Decided on: Aug-10-2007
Reported in: [2007(114)FLR1181]
Rajesh Tandon, J.1. Heard Sri Rajendra Dobhal Counsel for the appellant and Sri Naresh Pant Counsel for the respondent No. 2.Present appeal has been preferred against the judgment and award dated 21.12.1994 passed by the Commissioner, Workmen's Compensation, Pithoragarh.2. Claimant appellants filed a claim petition under Workmen Compensation Act, for the grant of compensation on account of the death of her husband late Hemant Singh in an accident. According to the claimant No. 1 her husband was employed as driver in Maruti Van No. UP 03/0057. On 12.3.1993 the vehicle met with accident and rolled into the khadd between Tejam and Kweeti. Sri Hemant sustained fatal injuries in the accident and he died at the spot. The claimant demanded a sum of Rs. 83,968/- as compensation.3. Respondent No. 1 in its written statement has submitted that the deceased was employed as a driver in Maruti van Taxi No. UP 03/0057. The salary, of the deceased was Rs. 1,600/- per month. Respondent No. 1 has admitt...
Brahm Singh Patwal Vs. State
Court: Uttaranchal
Decided on: Aug-07-2007
Reported in: 2008CriLJ629
Dharam Veer, J.1. This criminal appeal, preferred Under Section 374(2) of Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 27-5-1988 passed by Sessions Judge, Pauri Garhwal in Session Trial No. 20 of 1987, whereby the learned Sessions Judge has convicted the appellant under Sections 304-B and 201 of Indian Penal Code, 1860 (hereinafter to be referred as IPC) and sentenced him for ten years R Under Section 304-B of IPC and for two years R.I. Under Section 201 of IPC. Both the sentences were directed to run concurrently.2. In brief, the prosecution case is that complainant Captain B.S. Bishi lodged a FIR on 22-2-1987 in the P.S. Srinagar with the allegations that his sister Smt. Kamla Devi aged about 20 years was married with the appellant Brahm Singh Patwal on 10-10-1986. It was also stated that appellant has committed murder of his sister on 12-2-1987 in his house. On 13-2-1987 in the night about 11.00 p.m., appe...
Employees' State Insurance Corporation Vs. Tops Foods Products
Court: Uttaranchal
Decided on: Aug-06-2007
Reported in: [2007(115)FLR478]; (2008)ILLJ337UC
Rajesh Tandon, J.1. Heard Shri C.K. Sharma, counsel for the appellant and Shri V.K. Kohli, counsel for the respondent.2. By the present appeal, filed under Section 82 of Employees' State Insurance Act, 1948 the appellant has prayed for setting aside the order dated July 9, 2001 and the decree dated July 12,2001 passed by the E.S.I. Court, Dehradun in E.S.I., case No. 11/2000.3. Briefly stated, proceedings were initiated being suit No. 11/2000 (old No. Miscellaneous case No. 160/1997) for declaration and permanent injunction filed by the plaintiff Tops Food Product through its partner Anil Kumar Marwah against the Employees' State Insurance Company stating therein that the applicant is a partnership firm known as 'Tops Food Products' situate at; village Kanwah, Dehradun and there are two partners in the firm namely Ms. Meena Marwah and Anil Marwah. The said firm is registered under Shop and Establishment Act and is also registered with the Sales-Tax Department and Income-Tax Department,...
Smt. Kola Devi Vs. New India Assurance Co. and anr.
Court: Uttaranchal
Decided on: Aug-03-2007
Reported in: [2007(115)FLR1088]
Rajesh Tandon, J.1. Heard Sri S.N. Babulkdar Sr. Advocate assisted by Sri Tumul Nailwal Counsel for the appellant and Sri P.C. Maulekhi Counsel for the respondent No. 2.Present appeals have been filed against the judgment and award dated 14.1.1992 passed by the Workmen's Compensation Commissioner, Chamoli awarding a sum of Rs. 64,584.00 as compensation to the claimant.2. The claimant-appellant has filed a claim petition before the Workmen Compensation Commissioner, Chamoli for grant of compensation on account of death of her son in a motor vehicle accident.Briefly stated the son of the claimant namely Kishor Singh was employed as a driver in Bus No. UTS 1091, owned by Sri Ram Lal Batra. Sri Kishor Singh died in a motor vehicle accident during his employment on 18.9.1990. His employer did not pay any compensation for the death of Kishor Singh in the accident.The opposite party has admitted that the son of the claimant Sri Kishor Singh was employed as a driver on his bus. The bus was ins...
Kallu Ram and ors. Vs. Jai Bhagwan
Court: Uttaranchal
Decided on: Aug-02-2007
Reported in: AIR2008Utr29
ORDERRajesh Tandon, J.1. Heard Shri Rajendra Dobhal counsel for the appellants and Shri Vivek Shukla, counsel for the respondent.2. By the present Second Appeal filed under Section 100 of the Code of Civil Pro cedure, the appellants have prayed for setting aside the judgment and decree dated 26-9-1991 passed by the District Judge Dehradun in Civil Appeal No. 4 of 1991.3. Second appeal was admitted on the following substantial question of law:Whether the subsequent suit based or the different cause of action is barred by res judicata4. Briefly stated, a suit was filed by the plaintiff Surja Ram for declaration as the owner of the property in suit in pursuance of the sale deed dated 19-3-1984 and for possession of the said property along with mesne profit.5. According to the case of the plaintiff Smt. Krishna Devi was the owner of the house i.e. property No. 30 D.A.V. College Road, Dehradun. A portion the aforesaic property was let out to the defendant Rs 50 per month. Smt. Krishna Devi ...
Gurdeep Singh Vs. State of Uttarakhand and ors.
Court: Uttaranchal
Decided on: Aug-01-2007
Reported in: 2007CriLJ4791
Rajeev Gupta, C.J.1. They are heard.2. Petitioner Gurdeep Singh alias Deepa has filed this writ petition for the following reliefs:(i) To issue a writ or order in the nature of certiorari to quash the order passed by the licensing authority in case No. 52/07 year 2003 Under Section 17 Arms Act (Annexure No. 3) and order of the appellate authority in Arms Appeal No. 24/2004-2005 (Annexure No. 4).(ii) To issue a writ or order or direction in the nature of writ of mandamus directing the Respondent Nos. 2 and 3 to revive the Arms licence No'. 1 of 2002 of P.S. Amritsar Rifle 315 Bore No. AB002825.(iii) To award the cost of the petition.3. The petitioner, in substance, is seeking quashing of the order dated 6-1-2005 passed by District Magistrate, Udham Singh Nagar, whereby the petitioner's arms license was cancelled and the order dated 14-9-2005 passed by Commissioner, Kumaun Division, Nainital, whereby the petitioner's appeal (Arms Appeal No. 24 of 2004-2005) was dismissed.4. Petitioner Gu...
- ‹ Prev
- Next ›