Uttaranchal Court March 2010 Judgments
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Risak Alias Munna (In Jail) Vs. State of Uttarakhand
Court: Uttaranchal
Decided on: Mar-16-2010
Nirmal Yadav, J.1. This appeal has been preferred by Risak alias Munna through jail challenging the order-dated 17.11.2003 by which the appellant Risak @ Munna (hereinafter to be referred as Munna) and accused Anwar have been convicted in Sessions Trial No. 20 of 2001, under Sections 376(g) and 302 read with Section 34 of the I.P.C. and have been sentenced to undergo life imprisonment for each of the offences punishable under Sections 376(g) and 302 read with Section 34 IPC. Both the sentences have been ordered to run concurrently.2. Brief facts of case as per the prosecution, are that Rakesh Kumar, father of five years old girl Rakhi, submitted an application (Ext. Ka-4) before the Chowki In-charge, Police Station Kotwali, Dehradun stating that on 26.09.2000 at about 8:00 p.m. accused Munna and Anwar had taken away his daughter Rakhi from his house on the pretext that they will get her some snacks (Namkeen) from the shop. Accused Anwar was living in front of the house of Rakesh while ...
Raju Alias Rajendra Prasad S/O Sri Ram Vs. State of Uttarakhand
Court: Uttaranchal
Decided on: Mar-16-2010
Dharam Veer, J.1. This criminal appeal, preferred by the appellant 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 6.2.1997 passed by Sessions Judge, Tehri Garhwal, New Tehri in Sessions Trial No. 11 of 1993 State v. Raju @ Rajendra Prasad whereby the learned Sessions Judge has convicted the accused-appellant under Sections 363 of The Indian Penal Code, 1860 (hereinafter to be referred as the IPC) and sentenced him to undergo rigorous imprisonment for a period of three years with fine of Rs. 1,000/- and in default of payment of fine, six months further rigorous imprisonment was awarded. He was further convicted Under Section 376 IPC and was sentenced to seven years R.I. with fine of Rs. 2,000/- and in default of payment of fine, one year's further imprisonment was awarded. Both the sentences were directed to run concurrently.2. Heard Sri Lokendra Dobhal, learned Counsel for the appella...
Smt. Rashi Rohella @ Sonia @ Hina D/O Sri SharfuddIn W/O Sri Shailesh ...
Court: Uttaranchal
Decided on: Mar-15-2010
Prafulla C. Pant, J.1. Heard learned Counsel for the parties.2. By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (for brevity hereinafter referred as Cr.P.C.), the petitioners have sought quashing of the proceedings of Criminal Complaint Case No. 978 of 2005 Sharfuddin v. Nitin @ Vicky and Ors. relating to offences punishable under Section 366, 380, 120B of I.P.C., pending in the court of Chief Judicial Magistrate, Chamoli.3. Learned Counsel for the petitioners submitted that the petitioner No. 1 Rashi Rohella @ Sonia @ Hina is daughter of respondent No. 3 Sharfuddin. It is further submitted that she was major, aged 22 years, on the date of alleged incident. A copy of school leaving certificate is annexed as Annexure -1 to the petition, showing date of birth of petitioner No. 1 as 04.06.1982. Incident is said to be of October 2004. In the counter affidavit the date of birth of the petitioner No. 1 has not been disputed. The case of the petition...
Managing Director Garhwal Mandal Vikas Nigam Ltd. Vs. Kamal Nayan Naut ...
Court: Uttaranchal
Decided on: Mar-15-2010
Nirmal Yadav, J.1. By means of present special appeal preferred by Managing Director Garhwal Mandal Vikas Nigam Limited (herein after to be referred as 'Corporation) against the judgment and order dated 27th May 2004 passed by the learned Single Judge in Civil Misc. Writ Petition No. 2250 (SS) of 2001 whereby the learned Single Judge allowed the writ petition with a direction to reinstate the petitioner in service with 50% back wages.2. Brief facts of the case relating to the present appeal are that the petitioner-respondent, namely, Kamal Nayan Nautiyal was appointed as a Trainee Assistant Manager on 14.05.1985. His services were regularized with effect from 10th December 1987 and he was appointed on the post of Assistant Manager in the pay scale of 550-865 with effect from 19th May 1987. On 12th June 1990 disciplinary proceedings were initiated against him. He was placed under suspension on the ground of disciplinary proceedings being pending against him. He was served with the charg...
Suresh Kumar and Dilla Vs. the State
Court: Uttaranchal
Decided on: Mar-09-2010
Dharam Veer, J.1. Both the above-said criminal appeals have been arisen out of the common judgment and order dated 4.4.1997 and the incident in both the appeals is one and the same as well as the evidence is also common in the said trial, hence both of them are being disposed of by this common judgment and order.2. Both the criminal appeals, preferred under Section 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), are directed against the common judgment and order dated 4.4.1997 passed by the II Addl. Sessions Judge, Haridwar in Sessions Trial No. 389 of 1993, State v. Dilla & Suresh Kumar, whereby the learned II Addl. Sessions Judge has convicted each of the appellants/accused Dilla and Suresh Under Section 376 of The Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and sentenced each of them to ten years' rigorous imprisonment with fine of Rs. 2,000/- each and in default of payment of fine, further one months' R.I. each.3. I have he...
Sanjay Shukla S/O Shri R.R. Shukla Manager, Dainik Jagran and Pushpend ...
Court: Uttaranchal
Decided on: Mar-09-2010
Prafulla C. Pant, J.1. By means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioners have sought quashing of the proceedings of criminal complaint case No. 1177 of 2004, Manoj Sharma v. Sanjay Shukla and Anr., relating to offences punishable under Sections 504 and 506 I.P.C., pending before Judicial Magistrate Ist, Dehradun.2. Heard learned Counsel for the petitioners and learned Counsel for respondent No. 1. None present for respondent No. 2 even after being served personally with the notices, issued by this Court.3. Brief facts of the case are that respondent No. 2-Manoj Sharma, filed a criminal complaint before Chief Judicial Magistrate, Dehradun with the allegations that complainant (respondent No. 2) was Bureau incharge of daily newspaper- Dainik Jagran, in the year 1999, at Rishikesh. Petitioner No. 1-Sanjay Shukla, who was Manager of daily newspaper- Dainik Jagran, issued an order, transferring complainant/respondent ...
Sri Ghanshyam Singh Jainer Vs. Sri N. Ravishankar and ors.
Court: Uttaranchal
Decided on: Mar-09-2010
Sudhanshu Dhulia, J.1. This special appeal has been filed under Rule 5 of Chapter VIII read with Rule 10 of Chapter IX of the Rules of the Court, 1952. The appellant has filed the special appeal challenging the order of the learned Single Judge dated 9.3.2009 passed in Civil Contempt Petition No. 387 of 2005 (Ghanshyam Singh Jainer v. Sri N. Ravishankar and Ors.).2. Before this special appeal is heard on its merit, the appellant must satisfy this Court as to the maintainability of the present special appeal, inasmuch as the special appeal has been filed challenging the order of the learned Single Judge dated 9.3.2009 which has been passed in a contempt jurisdiction whereby the learned Single Judge has rejected the contempt petition on grounds that no civil contempt made out, as the orders of the High Court have been complied with. In other words, the learned Single Judge has refused to exercise his jurisdiction given to him under the Contempt of Courts Act read with Article 215 of the ...
The Managing Director, Pey Jal Sansadhan Vikas Evam Nirman Nigam Vs. J ...
Court: Uttaranchal
Decided on: Mar-09-2010
1. By an order dated 2 5.08.2006, respondent No. 1 was placed under suspension. Respondent No. 1 approached this Court by filing Writ Petition (S/B) No. 306 of 2006 to assail the order of suspension. This Court disposed of the aforesaid writ petition on 13.10.2006 with a direction to the Managing Director of the Pey Jal Sansadhan Vikas Evam Nirman Nigam, Dehradun to take a final decision on the claim of respondent No. 1 for revoking his suspension. Rather than examining the claim made by respondent No. 1, as against his order of suspension, the inquiry initiated against respondent No. 1 was completed (with the submission of an enquiry report dated 13.11.2006), whereupon respondent No. 1 was reverted to the substantive post of Assistant Engineer. Respondent No. 1 assailed the order of his reversion before the appellate authority. The appeal preferred by him was dismissed on 7.8.2007. Dissatisfied with the order passed by the appellate authority, respondent No. 1 preferred Claim Petition...
Narendra Singh S/O Sri Udai Singh Vs. Smt. Hema Choudary W/O Sri Naren ...
Court: Uttaranchal
Decided on: Mar-09-2010
Prafulla C. Pant, J.1. This revision is directed against the judgment and order dated 27.04.2004, passed by Principal Judge, Family Court, Nainital, in Misc Criminal Case No. 39 of 2003, whereby said court has directed the revisionist to pay maintenance at the rate of Rs. 1,000/- per month to his wife (respondent No. 1), and Rs. 500/- per month to his minor daughter (respondent No. 2).2. Heard learned Counsel for the parties and perused the papers on record.3. Brief facts of the case are that the respondent No. 1 Hema Choudary and respondent No. 2 Km. Shakshi filed an application under Section 125 of the Code of Criminal Procedure, 1973 (for brevity hereinafter referred as Cr.P.C.) against the present revisionist, claiming Rs. 5,000/- per month as maintenance to be paid to respondent No. 1, and Rs. 1,500/- per month to be paid to the respondent No. 2. It is pleaded by the respondents No. 1 and 2 in their application before the trial court that respondent No. 1 Hema Choudary got married...
Mukesh Pant S/O Sri Satish Chandra Pant Vs. State of Uttarakhand and o ...
Court: Uttaranchal
Decided on: Mar-09-2010
Tarun Agarwala, J.1. Heard Shri B.D. Upadhyaya, the learned Counsel for the petitioner and Shri Subhash Upadhyaya, the learned Brief Holder for the respondents.2. The petitioner was appointed on a contract basis as a P.T.A. teacher in Janta Inter College Gadigaon, District Pauri Garhwal which was a recognized institution under the provisions of the U.P. Intermediate Education Act, 1921. Pursuant to a Government Order dated 7th July, 2006, the institution was provincialized as per para 6 of the said Government Order and the teaching and non- teaching staff of the institution was merged in government service. Since the petitioner was engaged as a P.T.A. teacher on a contract basis and was being paid an honorarium and no provision was provided for absorption of P.T.A. teachers, the Principal revoked the contract and terminated the services of the petitioner by an order dated 28th November, 2006. The petitioner being aggrieved by the said order has filed the present writ petition.3. The le...
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