Uttaranchal Court March 2010 Judgments
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Krishi Utpadan Mandi Samiti and anr. Vs. Lal Chand
Court: Uttaranchal
Decided on: Mar-09-2010
J.S. Khehar, C.J.1. Respondent No. 1 was appointed as a substantive Peon/Chaprasi in the Krishi Utpadan Mandi Samiti on 1.12.1977. Along with respondent No. 1, one Ranjit Singh (respondent No. 3 in Writ Petition (SS) No. 1959 of 2003) was also appointed as a Peon/Chaprasi in the Krishi Utpadan Mandi Samiti on the same date i.e. on 1.12.1977. The aforesaid Ranjit Singh came to be promoted to the post of Clerk/Stenographer by an order dated 29.4.1991. Ranjit Singh had allegedly demonstrated his eligibility, for promotion to the post of Clerk/Stenographer, on the basis of the fact that he had qualified the 'Prathama'/'Madhyama' examinations from Hindi Sahitya Sammelan, Allahabad, which he claimed were equivalent to High School/Intermediate of the U.P. Education Board. Like Ranjit Singh, the petitioner had also qualified the 'Prathama' and 'Madhyama' examinations from Hindi Sahitya Sammelan, Allahabad, and as such, he too claimed eligibility for promotion to the post of Clerk/Stenographer....
Anand Dubey S/O Shri M.L. Dubey Vs. State of Uttaranchal and Daman Sac ...
Court: Uttaranchal
Decided on: Mar-08-2010
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 petitioner has sought quashing of the criminal complaint case No. 274 of 2004 Daman Sachdeva v. Anand Dubey relating to offence punishable under Section 138 of Negotiable Instruments Act, 1881, pending in the court of Judicial Magistrate, C.B.I, Dehradun.2. Heard learned Counsel for the parties and perused the affidavit and counter affidavit.3. Brief facts of the case are that complainant (respondent No. 2) Daman Sachdeva, filed a criminal complaint No. 274 of 2004, before the court of Chief Judicial Magistrate, Dehradun, on 15.12.2003, against the present petitioner-Anand Dubey, with the allegations that he (petitioner) approached the complainant to sell his property in Clement Town. After inspecting the spot, he handed over three cheques (No. 1231731, 1231732 and 121733), amounting Rs. 3 lakhs (each amounting Rs. 1 lakh) to the complainant (respondent...
Lachham Singh S/O Sri Ratan Singh Vs. State of Uttaranchal
Court: Uttaranchal
Decided on: Mar-08-2010
Prafulla C. Pant, J.1. This revision is directed against the judgment and order dated 07.01.2005, passed by Sessions Judge, Nainital, in Criminal Appeal No. 26 of 2004, whereby the conviction of the revisionist under Section 304-A of I.P.C. and under Section 51 of the Wild Life (Protection) Act, 1972, is affirmed by said court.2. Heard learned Counsel for the parties and perused the record.3. Brief facts of the case, as per the prosecution story, are that on 27.07.1991, at about 05:00 P.M., Tari Ram (deceased) was ploughing his field, when Lachham Singh (revisionist / accused) shouted that a deer (CHEETAL) has come to damage the crop in the field. He fired shot at the animal but the fire hit Tari Ram, who succumbed to his injuries. On this, a first information report was lodged at the police station Haldwani against accused Lachham Singh, Raja Ram, Ram Bharose and Gopal Bahadur, relating to offences punishable under Section 304-A of I.P.C., and one punishable under Section 51 of the Wi...
Prakash S/O Birbal and Deepak S/O Prakash Vs. State of Uttarakhand
Court: Uttaranchal
Decided on: Mar-08-2010
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 20.11.1995 passed by Additional Sessions Judge, Roorkee in Sessions Trial No. 74 of 1993 State v. Prakash and Anr. whereby the learned Addl. Sessions Judge has convicted the accused/appellant Deepak under Section 308 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. Accused/appellant Prakash was convicted Under Section 308/34 IPC and was also sentenced to three years R.I.2. I have heard Sri S.C. Tyagi, learned Counsel for the appellants as well as Sri M.A. Khan, Brief Holder for the State and perused the entire material available on record.3. Chief Judicial Magistrate, Haridwar vide his report dated 19.08.2009 has reported that the appellant No. 1 has died. Hence, the appea...
Up State Road Transport Corporation Vs. Smt. Sushila Pant
Court: Uttaranchal
Decided on: Mar-08-2010
ORDERSri Brij Mohan Pant S/o Sri Govind Ballabh Pant temporary incumbent of UP Govt. Roadways, Tanakpur Region working in on the pensionable post of Asstt. Cashier in the scale of pay Rs. 100-4- 120-88-5-170-88-6-180 w.e.f. 1.4.1972 against the permanent post sanctioned by the Govt. G.C. No. 100-XXX-2-608 N/72 dated 5.2. 1973.Regional Manager,UP State Road Transport Corporation, Pithoragarh.2. At this juncture, it would also be necessary to notice, that consequent upon the creation of the UP State Road Transport Corporation, Brij Mohan Pant was absorbed by the UP State Road Transport Corporation.3. A perusal of the Office Order dated 28.02.1984 (extracted herein above) leaves no room for any doubt, that Brij Mohan Pant was working against a pensionable post. The afore-stated Brij Mohan Pant, however, died on 27.12.1999 in harness. After his death, his widow Sushila Pant claimed all monetary benefits due to her husband, including family pension payable to her on account of the services ...
Smt. Bhawani Devi W/O Sri Tej Singh A.D.O. Panchayat (Retired) D/O Sri ...
Court: Uttaranchal
Decided on: Mar-08-2010
Prafulla C. Pant, J.1. This revision is directed against the order dated 06.11.2003, passed by Principal Judge, Family Court, Nainital, in Criminal Misc. Case No. 36 of 2002, whereby said court has dismissed the application of the revisionist, moved under Section 127 of the Code of Criminal Procedure, 1973 (for brevity hereinafter referred as Cr.P.C.).2. Heard learned Counsel for the parties and perused the papers on record.3. Brief facts of the case are that the revisionist got married to respondent No. 1 in early 1970s. In the year 1982, she filed an application under Section 125 of Cr.P.C., seeking maintenance at the rate of Rs. 200/- per month. It was pleaded in said application that at that point of time the respondent No. 1 was getting Rs. 500/- per month as salary, on the post of Panchayat Secretary. The application was contested by respondent No. 1. However, after recording the evidence and hearing the parties, the trial court (Munsif / Judicial Magistrate, Nainital) vide his o...
Prakash Bhatt and anr. Vs. State of Uttarakhand and ors.
Court: Uttaranchal
Decided on: Mar-08-2010
1. The appellants approached this Court by filing Writ Petition (SS) No. 95 of 2009 so as to claim eligibility for appointment against the post of L.T. Grade Teacher in Physical Education by way of direct recruitment. In this behalf, it would be pertinent to mention that 70 posts of L.T. Grade Teacher in Physical Education were advertised on 17.6.2002 for Kumaon Mandal. Subsequently, 25 more posts for L.T. Grade Teacher in Physical Education were advertised on 20.10.2004 again for the Kumaon Mandal. Thereafter, 46 further posts of L.T. Grade Teacher for Physical Education were advertised on 4.11.2009 for Garhwal Mandal. The appellants had responded to the aforesaid advertisements, but their candidatures were not being considered. It is in the aforesaid circumstances that the appellants had approached this Court by filing the aforesaid writ petition seeking consideration in the selection process.2. It is not a matter of dispute that the advertisements, referred to in the foregoing parag...
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