Uttaranchal Court April 2010 Judgments
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Rajkumari Maria W/O Sri Sushil Toppo Vs. Chief Medical Officer and anr ...
Court: Uttaranchal
Decided on: Apr-01-2010
Tarun Agarwala, J.1. Heard Shri Shobhit Saharia, the learned Counsel for the petitioner and Shri Subhash Upadhyaya, the learned Brief Holder for the respondents.2. The petitioner was initially appointed as an Auxolary Nurse Midwife (hereinafter referred to as ANM) on 3rd August, 1982 and worked till 8th July, 1993 when she resigned on account of certain family problems. Her resignation letter was duly accepted by the Chief Medical Officer from the period 1st February, 1997 to 31st December, 2002. The petitioner served as a Midwife in the Indian Army w.e.f. 1st August, 2002. The petitioner again joined as an ANM on a contract basis by an order of the Chief Medical Officer, Bageshwar and continued to work on a contract basis till 9th January, 2006.3. In the year 2005, the petitioner made a representation that she should be regularized on the post of ANM. This representation was made on the basis of a Government Order dated 24th August, 2004 which stipulated that all ANM workers working o...
Manohar Chandra Upadhayay S/O Sri Madhu Sudan Upadhayay Vs. State of U ...
Court: Uttaranchal
Decided on: Apr-01-2010
Tarun Agarwala, J.1. Heard Sri M.C. Kandpal, the learned senior counsel assisted by Sri S. S. Chaudhary, the learned Counsel for the petitioner, Smt. Beena Pandey, the learned Standing Counsel for the State of Uttar Pradesh and Sri Subhash Upadhayaya, the learned Brief Holder for the State of Uttarakhand.2. The petitioner was appointed on the post of Junior Clerk in the year 1982 in the office of the Assistant Director, Ganna Kishan Sansthan Evam Prashikshan Kendra, Sahjahanpur and from time to time, the petitioner was transferred to several places in the State of Uttar Pradesh. Thereafter, the petitioner was promoted to the post of Stenographer by a resolution dated 23rd February, 1991 and, since then, the petitioner has been working as a Stenographer. The petitioner's name is also found in the seniority list of the post of Stenographers.3. On 09th November, 2000, the State of Uttaranchal, now known as Uttarakhand, was created on the basis of the U.P. Reorganisation Act, 2000. The pet...
Deep Singh S/O Shri Babu Ram Vs. Maqsood S/O Dishaudi,
Court: Uttaranchal
Decided on: Apr-01-2010
Prafulla C. Pant, J.1. By means of this petition, moved Under Section 482 of Code of Criminal procedure, 1973, the petitioner has sought quashing of the proceedings of Criminal Case No. 338 of 1996 Maqsood v. Deep Singh relating to offence punishable under Section 138 of the Negotiable Instruments Act 1881, Police Station Gang Nehar, Roorkee, District Haridwar, pending in the Court of Ist Additional Civil Judge (JD)/Judicial Magistrate, Roorkee. The petitioner has further challenged order dated 20th of January 2003, passed by III Fast Track Court/Additional Session Judge, Haridwar in criminal case No. 182 of 1998 whereby said court has refused to interfere with the summoning order dated 08.01.1997, and set aside the order dated 11.06.1998 by which Magistrate had recalled his order summoning the accused in the aforesaid criminal case.2. Heard learned Counsel for the parties.3. Brief facts of the case are that complainant/respondent no1 filed a criminal complaint case in January 1997, be...
Ram Dhiraj Vs. State of Uttarakhand
Court: Uttaranchal
Decided on: Apr-01-2010
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 15/16.11.1999 passed by Additional Sessions Judge, Uttarakhand matters, Dehradun in Sessions Trial No. 54 of 1999, State v. Ram Dhiraj and Anr., whereby the learned Addl. Sessions Judge has convicted the accused-appellant Ram Dhiraj and co-accused Vishwanath under Section 307 read with Section 34 of The Indian Penal Code, 1860 (hereinafter to be referred as the IPC) and sentenced each of them to seven years R.I. with fine of Rs. 10,000/- each and in default of payment of fine, two years further R.I. was awarded to each of them.2. Heard learned Counsel for the parties and perused the entire material available on record.3. In brief, the prosecution story is that on 25.2.1999 P.W.1 Smt. Kalawati lodged an oral report in the police station stating that she and her husband Ram Dhiraj (the appel...
Mahesh Pathak, Vs. State of Uttarakhand Through Secretary of Home Affa ...
Court: Uttaranchal
Decided on: Apr-01-2010
Prafulla C. Pant, J.1. By means of the these petitions, moved Under Section 482 of Code of Criminal Procedure, 1973, petitioners have sought quashing of the proceedings of criminal complaint case No. 1139 of 2003, Smt. Vimla Devi Pathak v. Shri Mahesh Chandra Pathak and Ors., relating to offences punishable under Section 498A I.P.C and one punishable under section Dowry Prohibition Act 1961, pending the Court of Judicial Magistrate, Haldwani, and those of criminal case No. 486 of 2004, Smt. Vimla Pathak and Ors. petitioners v. Smt Janki Pathak and Anr. pending in said court.2. Heard learned Counsel for the parties and perused the papers on record.3. Brief facts of the case are that complainant Vimla Pathak got married to petitioner Mahesh Chandra Pathak on 12.03.2000. After their relations soured, the complainant lodged the first information report, which is registered as crime No. 02.02.2002, against the petitioners which was registered as crime No. 212 of 2002 relating to offences pu...
Shyam Sundar Singh Vs. State of Uttarakhand and ors.
Court: Uttaranchal
Decided on: Apr-01-2010
J.S. Khehar, C.J.1. The petitioner was inducted into the service of the respondents as a Constable. In 1997, he was posted at Rai Bareilly. By an order dated 05.05.1999, he was transferred to Tehri Garhwal. As per the transfer order, he had to join at Police Station Narendra Nagar, in district Tehri Garhwal, by 24.05.1999. Despite repeated communications having been sent to the petitioner, he did not assume charge at Police Station Narendra Nagar.2. The pleadings of the instant writ petition reveal, that the petitioner was relieved from his posting at Rai Bareilly on 15.05.1999. He however did not assume his charge in district Tehri Garhwal. The explanation tendered by him, for not assuming charge at Police Station Narendra Nagar, was that he was suffering from Tuberculosis, and as such, being in an extremely week physical state of body, he could not travel to district Tehri Garhwal, so as to assume charge at Police Station Narendra Nagar. The pleadings in the present writ petition als...
Rashmi JaIn W/O Shri Adish JaIn D/O Sri Ramautar JaIn Vs. Adish Kumar ...
Court: Uttaranchal
Decided on: Apr-01-2010
Prafulla C. Pant, J.1. Both these revisions, are directed against the judgment and order dated 30.07.2008, passed by Judge, Family Court, Haridwar in case No. 181 of 2004, whereby said court has partly allowed application under Section 125 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), directing Adish Kumar Jain to pay Rs. 5,000/- per month, as maintenance to his minor son Ayush Jain. The said court has dismissed the application under Section 125 Cr.P.C., for maintenance to Rashmi Jain (wife of Adish Kumar Jain) and major son Aman Jain.2. Heard learned Counsel for the parties and perused the papers on record.3. Brief facts of the case are that Adish Kumar Jain got married to Rashmi Jain on 28.11.1983. Two sons namely Aman Jain and Ayush Jain (minor) were born out of the wedlock. Smt. Rashmi Jain and the two sons, moved application under Section 125 Cr.P.C., before the trial court, for maintenance at the rate of Rs. 5,000/- per month, for herself, and Rs. 5,000/- per month for...
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