Uttaranchal Court December 2009 Judgments
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Hari Singh Chilwal Vs. District Magistrate and anr.
Court: Uttaranchal
Decided on: Dec-03-2009
Sudhanshu Dhulia, J.1. The petitioner is a duly elected 'Sarpanch' of Forest Panchayat Badon in District Nainital. The petitioner has challenged the order dated 12th September, 2006, which has been passed by the Sub Divisional Magistrate, Dhari (Nainital), according to which Forest Panchayat Badon was constituted on 24.7.2006 and consequently there was a report of the Tehsildar, who had informed the S.D.M., Dhari that six out of nine members of this committee, who are called 'Panch', are not satisfied with the work of the 'Sarpanch' and consequently, they have resigned. As such, the S.D.M. Dhari was of the opinion that new elections of the management committee be constituted and vide the said letter dated 12th September, 2006, he has given his permission to hold new election of the committee of this Forest Panchayat Badon. The petitioner has challenged the validity, legality and propriety of this order. Vide an interim order dated 29.9.2006, the said order was stayed. The writ petition...
State Vs. Iqbal
Court: Uttaranchal
Decided on: Dec-02-2009
Dharam Veer, J.1. This appeal, preferred by the State/appellant under Section 378(3) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as 'Cr.P.C.'), is directed against the judgment and order dated 12.7.2000 passed by the Additional Sessions Judge, Dehradun in Special Sessions Trial No. 31 of 1996 State v. Iqbal whereby the accused respondent has been acquitted of the charges punishable under Section 8/20 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act').2. Briefly stated facts of the case are that on 29.8.1996 at 11.15 am, S.I. Harpal Singh Rawat (PW1) and S.I. Anil Kumar Joshi (PW2) along with other police personnel were on patrolling duty. When they reached in village Chiranjipur, they were informed by the mukhbir that a person having charas (sulfa) was coming towards Shakti Canal. On this they tried to search the public witnesses but nobody agreed. Thereafter the police personnel and the mukhbir searched each other and fard Ex. Ka...
Nona Rastogi and Bulva and anr. Vs. State
Court: Uttaranchal
Decided on: Dec-02-2009
Dharam Veer, J.1. Both these appeals, preferred by the appellants under Section 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as 'Cr.P.C.'), are directed against the judgment and order dated 13.12.1996 passed by the Sessions Judge, Dehradun in Sessions Trial No. 62 of 1995 State v. Nona Rastogi and two Ors. whereby the accused appellant Nona Rastogi has been convicted under Section 307 of Indian Penal Code, 1860 (for short, I.P.C.) and two other accused appellants Bulva and Dharamvir have been convicted under Section 307 read with Section 34 IPC and sentenced each of them to undergo R.I. for six years and also fine of Rs. 1000/-each. In default of fine, they were directed to undergo R.I. for additional term of six months.2. Since both these appeals have been preferred against the same judgment and order dated 13.12.1996 and pertain to the same trial and the same incident, hence these are being decided by this common judgment and order.3. In brief, the case ...
Apolo Manral S/O Sri Brij Mohan Singh Vs. Union of India (Uoi) Through ...
Court: Uttaranchal
Decided on: Dec-01-2009
Prafulla C. Pant, J.1. By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought writ in the nature of mandamus, directing the respondents to pay the petitioner disability pension from month to month. A writ in the nature of certiorari has also been sought quashing the order dated 05.06.1991 (copy Annexure -2 to the writ petition), passed by respondent No. 4, and order dated 22.09.1992 (copy Annexure -3 to the writ petition), passed by the appellate authority.2. Heard learned Counsel for the parties and perused the affidavit, counter affidavit and rejoinder affidavit on record.3. Brief facts of the case are that, the petitioner was appointed and enrolled as Metric Entry Rate (MER) in Indian Navy, in the year 1988. At the time of entry in the Indian Navy, the petitioner was physically examined, and the fitness certificate was issued to him. He had successfully undergone training. The work and conduct of the petitioner in the Indian N...
Satendra Singh and ors. Vs. State of U.P.
Court: Uttaranchal
Decided on: Dec-01-2009
Alok Singh, J.1. Present revision under Section 397 read with Section 401 Cr.P.C, has been filed challenging the conviction and sentence order passed by learned Judicial Magistrate 1st Class, Kotdwar District Pauri Garhwal dated 03.07.1997 and judgment and order dated 23.03.1998 passed by Sessions Judge, Pauri Garhwal thereby dismissing the appeal of the accused by confirming order of the learned Magistrate.2. Brief facts of the present case are that Smt. Bhooma Devi was married to accused Satendra Singh on 26.11.1986. Accused Basanti Devi is mother of Satendra Singh, while accused Diwan Singh is the father of Satendra Singh. After the marriage the accused used to ill-treat and harass Smt. Bhooma Devi for not bringing sufficient dowry in the marriage. They were demanding Rs. 20,000/-. Several times they have beaten Smt. Bhooma Devi and also threatened her with life. On 31.07.1991, complainant-Vikram Singh, brother of Bhooma Devi, received a letter from his sister that she is being hara...
Angpal @ Chhanga S/O Chetram Vs. the State
Court: Uttaranchal
Decided on: Dec-01-2009
Dharam Veer, J.1. This criminal appeal, preferred under Section 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C), is directed against the judgment and order dated 13.2.1996 passed by the Addl. Sessions Judge, Roorkee in Sessions Trial No. 85/1991, State v. Angpal @ Chhanga, whereby the learned Addl. Sessions Judge has convicted the appellant/accused Under Section 324 of The Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and sentenced him to one year's rigorous imprisonment. Co-accused Shashi @ Shashendra was also convicted and sentenced Under Section 324 IPC for one year's R.I. by the same judgment and order. However, the trial of another co-accused Pawan Pal @ Bhagwan Singh was separated from the above trial.2. I have heard learned Counsel for the parties and perused the entire material available on record.3. In brief, the prosecution case is that complainant Gabber Singh (P.W.1) lodged an FIR stating therein that his son Jitendra S...
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