Uttaranchal Court March 2008 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.
The Commissioner of Income-tax and Dy. Commissioner of Income-tax Vs. ...
Court: Uttaranchal
Decided on: Mar-31-2008
Reported in: (2008)216CTR(Uttranchal)86
1. This Appeal, preferred under Section 260A of the Income Tax Act, 1961, is directed against the judgment and order dated 26th February 2006 / 7th April 2006, passed by the Income Tax Appellate Tribunal, Delhi Bench 4D4, New Delhi (hereinafter referred as ITAT), in Income Tax Appeal No. 1338 / Del / 2002, for the Assessment Year 1994-95, whereby the appeal of the Revenue, is dismissed. 2. Heard learned Counsel for the parties. 3. The substantial question of law involved in this Appeal, is as under:Whether, Income Tax Appellate Tribunal has erred in law in holding that word 'tax' does not include 'surcharge' for the purposes of Clause (2) of Article 14 of the Double Taxation Avoidance Agreement with United States of America, and in upholding the decision of the Commissioner of Income-tax (Appeals), reducing the tax rate applicable to assessee NRC (respondent) at 60 per cent instead of 65 per cent applied by the Assessing Officer4. Brief facts of the case are that assessee (present resp...
United India Insurance Co. Ltd. Vs. Prahalad Giri Goswami and ors.
Court: Uttaranchal
Decided on: Mar-26-2008
Reported in: 2008ACJ2378
B.C. Kandpal, J.1. Both these appeals arise out of same accident and the facts of both the cases are similar, therefore, both these appeals are being heard together and decided by this common judgment. For the sake of convenience, I am mentioning the facts of Appeal No. 445 of 2004.2. Appeal No. 445 of 2004 under Section 173 of Motor Vehicles Act has been filed by appellant United India Insurance Co. Ltd. against the judgment and award dated 20.8.2004 passed by the M.A.C.T./ District Judge, Pithoragarh in M.A.C.C. No. 55 of 2000, Prahalad Giri Goswami v. Arora Transport Co., whereby the Tribunal awarded a sum of Rs. 80,000 in favour of the claimants along with interest at the rate of 9 per cent per annum, from the date of filing the claim application against United India Insurance Co. Ltd.3. Appeal No. 283 of 2005 under Section 173 of Motor Vehicles Act has been filed by the appellant against the judgment and award dated 20.8.2004 passed by the M.A.C.T./District Judge, Pithoragarh in M...
Delhi Transport Corporation Vs. Manasvi JaIn and ors.
Court: Uttaranchal
Decided on: Mar-26-2008
Reported in: 2008ACJ2239
B.C. Kandpal, J.1. All these appeals arise out of same accident, therefore, I am deciding all these appeals by this common judgment. For the sake of convenience, I am describing the facts of Appeal No. 602 of 2006.2. Appeal No. 602 of 2006 has been filed by the appellant against the judgment and order dated 7.7.2006 passed by the M.A.C.T./Addl. District Judge, Dehradun in Claim Petition No. 23 of 2005, Manasvi Jain v. Delhi Transport Corporation whereby the Claims Tribunal awarded a sum of Rs. 6,18,000 as compensation along with interest at the rate of 5 per cent per annum from the date of filing the claim petition till the payment against the appellant Delhi Transport Corporation.3. Appeal No. 603 of 2006 has been filed by the appellant against the judgment and order dated 7.7.2006 passed by the M.A.C.T./Addl. District Judge, Dehradun in Claim Petition No. 24 of 2005, Manasvi Jain v. Delhi Transport Corporation whereby the Claims Tribunal awarded a sum of Rs. 10,25,176 as compensation...
Oriental Insurance Co. Ltd. Vs. Shristi Rawat and ors.
Court: Uttaranchal
Decided on: Mar-26-2008
Reported in: 2009ACJ1619
B.C. Kandpal, J.1. This appeal under Section 173 of Motor Vehicles Act, 1988, has been filed by the appellant against the judgment and order dated 11.10.2004 passed by Motor Accidents Claims Tribunal/District Judge, Pauri Garhwal in M.A.C.P. No. 58 of 2002, Shristi Rawat v. Dilbar Singh Rawat, whereby the Tribunal awarded a sum of Rs. 8,86,400 as compensation in favour of the claimants.2. Brief facts of the case are that on 21.11.2001 Suchita Rawat was going to her school at Patti Gagwadsuen, District Pauri by jeep bearing No. UP 06-6185 at Lavali-Pauri Road, the jeep in question met with an accident due to rash and negligent driving by the driver. As a result of the said accident, Suchita Rawat sustained serious injuries. She was immediately taken to the District Hospital, Pauri where the doctor declared her dead. According to the claim petition, she was working as a teacher and used to earn Rs. 7,500 per month as salary. The claimants are the legal heirs of the deceased and filed cla...
Lambda Eastern Telecommunication and ors. Vs. Acme Tele-power Private ...
Court: Uttaranchal
Decided on: Mar-19-2008
Reported in: AIR2008Utr38
ORDERV.K. Gupta, C.J.1. In a suit filed by respondent No. 1 against the five appellants herein and respondent No. 2 herein (who was defendant No. 6 in the said suit), the learned District Judge, Udham Singh Nagar at Rudrapur passed an ex parte ad interim injunction in favour of the aforesaid plaintiff-respondent No. 1 herein and against the defendants-appellants herein.2. Aggrieved by the passing of the said ex parte ad interim injunction at the stage of threshold of the suit by which time naturally the appellants had not even been summoned as defendants in the suit, the appellants filed A.O. No. 412 of 2007 in this Court. By a detailed judgment dated 1-10-2007, the learned single Judge of this Court while dismissing the aforesaid appeal of the appellants, granted liberty to the appellants to file objections to the Temporary Injunction Application in the trial Court. The learned trial Court was directed by the learned single Bench of this Court in the aforesaid appeal to decide the Tem...
Smt. Veermati Vs. State of Uttaranchal and ors.
Court: Uttaranchal
Decided on: Mar-18-2008
Reported in: AIR2008Utr43
ORDERB.S. Verma, J.1. This writ petition has been filed for setting aside the order dated 10-12-2002 passed by the District Judge, Nainital and the order dated 24-9-2002 passed by respondent No. 3 (contained in Annexure Nos. 1 and 2 respectively). The petitioner has further prayed for direction to respondents not to evict the petitioner from the premises in question (Argles Ford) which has been duly allotted to her. By the order dated 24-9-2002, the Prescribed Authority had confirmed the notice issued to the petitioner under Section 4(1) of the U.P. Public Premises (Eviction of Unauthorised Occupants) Act 1972 (for short the Act) and also passed an order of eviction against the petitioner from the public premises. By order dated 10-12-2002 the appeal of the petitioner has been dismissed by the learned District Judge Nainital.2. Relevant facts, giving rise to the present writ petition, in brief are that a building known as Argles Ford in Mallital, Nalnital was allotted to Chaudhary Shiv...
Manoj Sahi Vs. State
Court: Uttaranchal
Decided on: Mar-17-2008
Reported in: 2008CriLJ3216
J.C.S. Rawat, J.1. This criminal appeal has been filed against the judgment and order dated 26-8-2006 passed by Ms. Kumkum Rani, the then Sessions Judge/Special Sessions Judge, Pithoragarh in Special S.T. No. 10/2004, whereby the Special Sessions Judge has convicted the appellant and sentenced him to undergo RI for ten years and to pay fine of Rs. 1 lakh under Section 20 of the N.D.P.S. Act. In default of payment of fine, the appellant shall undergo S.I. for further two years.2. The case of the prosecution, in brief, is that on 8-4-2004 at about 18.15 hours Laxman Singh Bisht PW3, Incharge of the police station Pithorgarh received an information that one person namely Manoj Sahi who coming from Jajardeval to Pithoragarh was carrying Charas (contraband material) with him. Believing this, Laxman Singh Bisht PW3 alongwith Constable Keshav Lal PW4, Constable Kailash Pangaria and Constable Vijay Singh reached at Panda Barrier. They waited there for that person. When one person was seen comi...
Ram Agarwal Vs. Smt. Brijendra Kaur and ors.
Court: Uttaranchal
Decided on: Mar-10-2008
Reported in: AIR2008Utr25
ORDERPrafulla C. Pant, J.1. This Civil Revision, preferred under Section 115 of the Code of Civil Procedure, 1908 (hereinafter referred as CPC), is directed against the order dated 22-5-2001, passed by Civil Judge (Senior Division)/Fast Track Court VI, Dehradun, in Misc. Case No. 19 of 2000, whereby the objections moved by the respondents/judgment debtors under Section 47 read with Section 151 of CPC were partly allowed by said Court.2. Heard learned Counsel for the parties.3. Brief facts of the case are that Rameshwar Prasad Agarwal (party No. 1) predecessor-in-title of decree holder (present revisionist) entered into an agreement with Sardar Mukund Singh (party No. 2) predecessor-in-title of the judgment-debtors (present respondents) on 11-7-1961, in respect of property known as Kandy Lodge Estate situated at Dick Road, Mussoorie having area of 298 acres of land for the purposes of converting and raising an orchard on a commercial scale over said land and for said purpose possession ...
Smt. Ram Kaur Prashad (Executant, Deceased) Vs. State
Court: Uttaranchal
Decided on: Mar-07-2008
Reported in: 2008(2)AWC1489
Prafulla C. Pant, J.1. This is revocation application, moved by applicant Smt. Geeta Prashad, under Section 263 of Indian Succession Act, 1925, in the testamentary case filed by the Executor for grant of probate in respect of the Will of Smt. Ram Kaur Prashad, which was granted on 29.4.1982.2. Heard learned Counsel for the parties.Brief facts of the case are that as per the testamentary petition filed by the Executor I. L. Dass before Allahabad High Court in the year 1979, Smt. Ram Kaur Prashad W/o late Dr. Baini Prashad executed a Will dated 13.11.1975 (Ext. A to the petition) bequeathing her property which included her movable and immovable properties in Dehradun to her daughter Nirmal Verma, son Romesh Prashad, grandsons Arjun Prashad and Vijay Prashad. The Will was said to have been attested by the witnesses-Sri D. P. Puri, Lt. Col. (Retired), R/o 34 Rajinder Nagar, Kaulagarh Road, Dehradun, and Sri Raj Kishore Badwar, R/o 52A, New Connaught Place Chakrata Road, Dehradun. Smt. Ram ...
Pooran Singh Vs. State of Uttarakhand
Court: Uttaranchal
Decided on: Mar-05-2008
Reported in: 2008CriLJ2693
J.C.S. Rawat, J.1. This appeal has been preferred against the judgment and order dated 11-7-2002 passed by the then Sessions Judge, Almora in Sessions Trial No. 15 of 1997, State v. Pooran Singh, whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment of three years Under Section 326, Indian Panel Code, 1860 (for brevity as I.P.C.).2. Brief facts of the prosecution case are that on 21-7-1994 at about 11:30 am, injured Bache Singh had gone to graze his animals to the forest. In the meantime, the animals of one Jeet Singh of his village entered the field of informant Alam Singh to graze the crops of the informant. Bache Singh, son of informant Alain Singh on the call of his mother went to his field to drive the animals out. When Bache Singh was ousting the animals, the appellant Pooran Singh, s/o Jeet Singh gave a blow by sickle (gandasa) on his neck from the back side resulting serious injury upon his neck. The parents of the injured-Bache Singh immediate...
- ‹ Prev
- Next ›