Uttaranchal Court June 2010 Judgments
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Rameshwar Dayal Vs. State of U.P. (Now State of Uttarakhand)
Court: Uttaranchal
Decided on: Jun-24-2010
Nirmal Yadav, J.1. Abovementioned appeals are being disposed of by this common judgment as both the appeals are arising out of the same judgment and order dated 27.02.1996 passed by the Ist Additional Sessions Judge, Haridwar in Sessions Trial No. 172 of 1993. Appellants-Rameshwar Dayal, Ramesh Kumar stood trial for the offences under Sections 376, 392 and 411 of the Indian Penal Code, 1860 (in short I.P.C.), while accused Yasin was tried for the offence under Sections 392 and 411 of the I.P.C. Accused Rameshwar Dayal and Ramesh Kumar have been convicted and sentenced under Section 376 of the I.P.C. to life imprisonment and convicted and sentenced under Section 392 of the I.P.C. to ten years rigorous imprisonment each and a fine of Rs. 10,000/- each. In default of payment of fine they have further been ordered to undergo two years rigorous imprisonment. Accused Yasin was convicted under Section 392 and sentenced to ten years rigorous imprisonment and a fine of Rs. 10,000/-. In default ...
Jitendra Bahadur Singh Vs. Tehri Hydro Development Corporation Ltd. an ...
Court: Uttaranchal
Decided on: Jun-22-2010
Sudhanshu Dhulia, J.1. The petitioner is an Assistant Engineer of E-5 level in Tehri Hydro Development Corporation Limited (from hereinafter referred to as the 'THDC'). The initial appointment of the petitioner was on 3.8.1990 as an Assistant Engineer at E-1 level. Subsequently, the petitioner was promoted in the year 1994 to E-2 level, thereafter in 1997 to E-3 level and later to E-4 and E-5 level, in the year 2000 and 2003, respectively. The dispute raised in the present writ petition pertains to the promotion of petitioner from E-5 to E-6 level. According to the petitioner, a Departmental Promotion Committee was constituted in the year 2006 for the purposes of making promotions from E-5 to E-6 level. 58 Technical Executives of E-5 grade, including the petitioner, faced the Departmental Promotion Committee, out of which 53 were promoted to the E-6 level. According to the petitioner, there have been two junior persons to him working at E-5 level who have been promoted to E-6 level whe...
Neeraj Tiwari Vs. State of Uttarakhand
Court: Uttaranchal
Decided on: Jun-15-2010
Dharam Veer, J.1. Mr. Rajendra Kotiyal, Advocate holding brief of Smt. Manju Kotaliya, Advocate for the applicant.2. Mr. Amit Bhatt, Addl. GA for the State.3. Heard.4. In brief, the prosecution case is that on 22.8.2009 at about 9.30 pm, the complainant Sher Singh Kanwal was having dinner in Union Restaurant along with his brother-in-law Balwant Singh Kanyal (Block Pramukh), Rajeev Kumar Valia, Bhupal Singh and Khushal Singh. After sometime accused applicant Neeraj Tiwari and co-accused Neeraj Harwil came there along with his 3-4 other companions and started abusing Balwant Singh Kanyal. When Balwant Singh Kanyal asked the reason then they started scuffling with him. Soon thereafter police of PS Kaladhungi came there and took away the accused applicant Neeraj Tiwari and his companions as well as Balwant Singh Kanyal to the police station. After sometime, the complainant along with his companions also reached at the police station and at about 10.30 to 11.45 pm saw that Balwant Singh Ka...
Balram Singh Verma S/O Shri Mamraj Singh Verma and Smt. Durgawati W/O ...
Court: Uttaranchal
Decided on: Jun-14-2010
Prafulla C. Pant, J.1. By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioners have sought quashing of the proceedings of Criminal Complaint Case No. 22 of 2004 J.F.C. Finance (India) Ltd. v. Balram Singh Verma and Anr. relating to offence punishable under Section 138 of the Negotiable Instruments Act, 1881, pending in the court of II Addl. Civil Judge (Junior Division) / Judicial Magistrate, Dehradun.2. Heard learned Counsel for the parties present and perused the papers on record.3. Brief facts of the case are that the respondent No. 2 / complainant filed a criminal complaint, copy of which is annexed as Annexure -7 to the petition, in which it was alleged by the complainant / respondent No. 2 that the complainant is a finance company from whom the petitioner No. 1 took loan to purchase a scooter and gave 19 post dated cheques, amounting to Rs. 2,100/- each. It is pleaded by the complainant that when the cheque N...
Chandra Pal Alias Kallu S/O Rup Ram Vs. State of Uttarakhand
Court: Uttaranchal
Decided on: Jun-14-2010
Dharam Veer, J.1. This 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 26.8.1997 passed by Second Additional Sessions Judge, Nainital in S.T. No. 189A of 1993 State v. Chandrapal alias Kallu whereby the learned Second Addl. Sessions Judge convicted the appellant/accused Chandra Pal under Section 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 five years.2. Heard Learned Counsel for the parties and perused the entire material on record.3. In brief, the prosecution case is that Chandan Singh Tadiyal lodged a report at Police Station Ramnagar stating therein that he had lodged missing report of his niece on 5.2.1992. Since then he and others were searching his niece at nearby places. Then he came to know from Pooran Singh and Gopal Dutt that the appellant/accus...
Jagat Singh and anr. Vs. State
Court: Uttaranchal
Decided on: Jun-14-2010
B.C. Kandpal, J.1. This appeal preferred by the appellants through jail under Section 374 of Cr.P.C. is directed against the judgment and order dated 21.7.2006 passed by Sessions Judge, Pithoragarh, in Sessions Trial No. 13/2005 State v. Jagat Singh and Anr. whereby the learned Sessions Judge convicted accused/appellants Jagat Singh and Gagan Singh under Sections 302, 201, 506(2) I.P.C. The Sessions Judge while convicting the accused-appellants under Section 302 I.P.C. sentenced them to undergo life imprisonment and fine of Rs. 25,000/- each and in default of payment of fine they were directed to further undergo imprisonment for one year each. The Sessions Judge while convicting the accused-appellants under Section 201 I.P.C. sentenced them to undergo simple imprisonment for seven years and fine of Rs. 5,000/-each and in default of payment of fine they were directed to further undergo imprisonment for two months each. The Sessions Judge while convicting the accused-appellants under Sec...
Commissioner, Commercial Tax Vs. Gurmeet Singh
Court: Uttaranchal
Decided on: Jun-14-2010
J.S. Khehar, C.J.1. Forty-five generators of Birla Ymaha Ltd. were transported from Paonta Sahib in the State of Himachal Pradesh allegedly to Bangalore in the State of Karnataka through a vehicle, bearing Registration No. HP-N 2098 on 16.07.2000. On its journey commencing from Paonta Sahib, the truck carrying the generators to Bangalore had to pass over the territory of the State of Uttar Pradesh. It is, therefore, that the aforesaid truck obtained a transit pass from the entry check-post at Kulhal, Dehradun for exit check-post at T.P. Nagar (Ghaziabad). At the entry check-post Form No. 34 was handed over to the driver of the aforesaid truck, which he ought to have got vacated at the exit point.2. Since Form No. 34 delivered to the driver of the aforesaid vehicle, was not got vacated at the exit point, a notice under Section 15(A)(1)(q) of the Uttar Pradesh Trade Tax Act, 1948 (hereinafter referred to as the '1948 Act') was issued by the Assessing Officer to the respondent. The Assess...
Smt Veerwati W/O Rishipal Singh and Azadveer @ Pappu S/O Rishipal Sing ...
Court: Uttaranchal
Decided on: Jun-14-2010
Prafulla C. Pant, J.1. Heard.2. By means of this petition, moved under Section 482 of Code of Criminal procedure, 1973, the petitioners have sought quashing of the proceedings of Criminal Complaint Case No. 02 of 2004 Smt Seema v. Azadveer and Ors. relating to offences punishable under Section 498A, 323, 506 I.P.C., and one punishable under section 3/4 of Dowry Prohibition Act, 1961, P.S Manglaur, District Haridwar, pending in the court of Civil Judge (J.D)/ Judicial Magistrate Roorkee.3. Brief facts of the case are that the petitioner No. 2 Azadveer @ Pappu got married to respondent No. 4 Smt Seema on 08.03.2009. After her marriage she lived with her in laws house. Out of the wedlock one daughter was born. It appears that after some years the parties to matrimony could not pull well. It is alleged by the complainant/respondent No. 4 that she was taken by her husband Azadveer (petitioner No. 2) to her (parental house) in village Gadarjuda in district Haridwar, where he left her and tol...
Commissioner, Commercial Tax Vs. Bharti Dairy Farm
Court: Uttaranchal
Decided on: Jun-14-2010
J.S. Khehar, C.J.1. Vehicle bearing Registration No. UA-07/0560 was detained on 14.8.2006 from Raj Palace, Malakpur Octroi Post between Roorkee and Haridwar. The aforesaid vehicle was allegedly found loaded with skimmed milk powder. Transportation thereof was not permissible except after due authorization, which could be established on the basis of challan/transfer memo and other such like documents. Since no documents were produced by the respondent, the Assessing Officer imposed a penalty of Rs. 35,340/-.2. Dissatisfied with the penalty order passed by the Assessing Officer dated 28.3.2007, the respondent preferred an appeal before the Joint Commissioner (Appeals)-I. Even before the first appellate authority, the respondent did not present any papers authenticating authorization of the transportation of the skimmed milk powder. Accordingly, the appeal preferred by the respondent was dismissed by an order dated 30.8.2007.3. The respondent assailed the order passed by the Assessing Off...
Aarti Charitable Educational Trust Through Its Managing Trustee Shri V ...
Court: Uttaranchal
Decided on: Jun-14-2010
B.S. Verma, J.1. Heard Learned Counsel for the parties and perused the record.2. By means of this writ petition, the petitioners have sought a writ in the nature of certiorari quashing the decision taken by Northern Regional Committee in its 147th meeting held on 16th-17th August 2009, conveyed through order dated 9th September 2009 (Annexure No. 7), order dated 4th December 2009 (Annexure-9) and the order dated 12th April 2010 (Annexure-10) passed by the appellate authority regarding de-recognition of the petitioner No. 2.3. A notice was issued to the petitioner by respondent No. 3 National Council for Teachers Education to show cause as to why the recognition of the college to conduct B.Ed. course on account of the deficiencies noted in the notice (Annexure No. 4). In reply, objection has been filed and the petitioners have annexed documents in support of their version. According to the petitioners, the documents filed by the petitioners were not considered by the N.C.T.E. while pass...
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