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Uttaranchal Court September 2010 Judgments

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Sep 06 2010

NaIn Singh Bisht, Son of Sri Sher Singh Bisht. Vs. State of Uttarakhan ...

Court: Uttaranchal

Decided on: Sep-06-2010

1. Heard learned counsel for the parties and perused the record. 2. Learned State counsel files supplementary counter affidavit. The same is taken on record. 3. By means of this writ petition, the petitioner has sought a writ in the nature of mandamus commanding the respondents to grant the benefits to the petitioners on the post of Shiksha Mitra in pursuance of the Government Order dated 28-6-2006, 15-12-2006 and 14-2-2008. Further prayer for issue of writ of mandamus directing the respondents to pay the honorarium to the petitioner on the post of Shiksha Mitra in view of the aforesaid Government Orders has been made from the date the Education Guarantee Centre Nariyaltak Daraunj, Block Pati (Champawat) is upgraded to Primary School. 4. According to the petitioner, he was appointed as Shiksha Acharya in the EGS Centre Nariyaltak vide resolution No. 2 dated 24- 9-2002 of the Village Education Committee. The petitioner claims to be graduate having Bachelor of Physical Education (B.P.Ed....


Sep 06 2010

Eshan Ullah Vs. State of Uttarakhand and Others

Court: Uttaranchal

Decided on: Sep-06-2010

1. By means of this writ petition, the petitioner has prayed to issue writ of certiorari quashing the impugned FIR dated 18.6.2010 lodged by the respondent no.4 as Case Crime No.187/2010 u/s 420/467/468/471/120- B/504/506 IPC at PS Patel Nagar, District Dehradun. 2. Heard learned counsel for the parties and perused the entire material on record. 3. In nutshell the case of the prosecution is that respondent no.4 lodged an FIR stating therein that he is a partner of the firm Mec Gear 16 Doon Cooperative Industrial Area, Patel Nagar, Dehradun which deals in supply of dress, shows, jackets etc. of Indian Army and other private firms. The petitioner Ehsan Ullah is the owner of M/s East West Tanners, Kanpur. 4. The complainant gave a cheque no.199258 dated 11.6.2010 for Rs.2.00 lacs to the petitioner in lieu of supplying the shoes and that cheque was sent through courier service. On 15.6.2010 when the complainant obtained his statement of accounts, he came to know that the by fabrication on ...


Sep 06 2010

Smt. Vijaya Laxmi Dewali Vs. State of Uttarakhand and ors.

Court: Uttaranchal

Decided on: Sep-06-2010

1. Heard Mr. Rajendra Kotiyal, Advocate for the petitioner and Mr. N.P.Sah, learned Standing Counsel for the respondents. 2. By means of this petition the petitioner has sought a writ in the nature of certiorari, to quash the impugned order dated 25-08-2010 ( Annexure No.4 to the writ petition), passed by respondent No.3. 3. Briefly stated, the facts of the case, according to the petitioner, are that on 11-6-2003, she was appointed as Assistant Teacher in Government Inter College Ram Ashram Jakholi, District Rudraprayag. 4. Vide order dated 06-08-2010(Annexure No.2 to the writ petition), as per her qualification and seniority, she was promoted and posted on the post of Lecturer, in Government Inter College Gauchar, by respondent No.3. 5. It is contended by the learned counsel for the petitioner that without giving an opportunity of hearing to the petitioner, the promotion of the petitioner has been cancelled by the respondent No.3, vide impugned order dated 25-08-2010(Annexure No.4 to ...


Sep 06 2010

Prakash Chandra Joshi So. Sri Kulanand Joshi and a Vs. State of Uttara ...

Court: Uttaranchal

Decided on: Sep-06-2010

1. Heard learned counsel for the parties and perused the record. 2. Learned State counsel files supplementary counter affidavit. The same is taken on record. 3. By means of this writ petition, the petitioner has sought a writ in the nature of mandamus commanding the respondents to grant the benefits to the petitioner on the post of Shiksha Mitra in pursuance of the Government Order dated 28-6-2006 and 15-12-2006. Further prayer for issue of writ of mandamus directing the respondents to pay the honorarium to the petitioner on the post of Shiksha Mitra in view of the G.O. dated 28-6-2006, 15-12-2006 and 14-2-2008 has been made. 4. According to the petitioners, they were appointed as Shiksha Acharya in Education Guarantee Scheme Centre Nakot Kholia and EGS Centre Manadhunga. The petitioners have annexed appointment letters as Annexure-1 to the petition. The petitioners claim that they are fully eligible for absorption on the post of Shiksha Mitra in view of the Government Orders referred ...


Sep 03 2010

Km. Vimi Joshi. Vs. Chairman, School Managing Committee,gen. B.C. Josh

Court: Uttaranchal

Decided on: Sep-03-2010

1. Gen. B.C. Joshi Army Public School is being run by  a Society known as ‘Army Welfare Education Society’. The  writ petitioner applied for and was appointed as a Trained  Graduate Teacher in the said School. She was appointed  latter, as Post Graduate Teacher (Mathematics). She was  confirmed in the said post. 2. Respondent no.7 was  the Station Commander of  Headquarter, 69, Mountain Brigade and as he was then  holding the said post, he became the Chairman of the  Managing Committee of the said School. The respondent  no.6 was the Deputy Commander of the said Brigade at  the relevant time and because he was the Deputy  Commander of the said Brigade, he became the Vice  Chairman of the Managing Committee of the School. That  the respondent nos. 7 and 6 were respectively Chairman  and Vice Chairman of the Managing Committee of the  said School, has been noticed by the Hon’ble Supreme &nbs...


Sep 03 2010

Dalip Singh Vs. State of Uttarakhand and anr.

Court: Uttaranchal

Decided on: Sep-03-2010

1. Heard Mr. ID Paliwal, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. 2. In brief, the prosecution case is that the accused applicant was posted as a Junior Engineer in Jila Panchayat, Chamoli. On 22.2.2010, Sri Rakesh Pant moved a complaint against the applicant that he was demanding Rs. 10,000/- in advance as bribe for releasing the final payment of the complainant against the work of laying tiles, making C.C. pathway of the temple of Kot Kandara Kalimath. On this complaint, after completing the necessary formalities, a trap was led by the Vigilance team headed by Inspector Vigilance Sri VP Sharma on 26.2.2010 and the applicant was caught red-handed from his official residence at Gopeshwar, Chamoli along with the illegal gratification of Rs. 10,000/- in the presence of independent witnesses Sri Vinod Kumar Rawat and Sri Dheeraj Gupta.  3. Learned Counsel for the accused applicant submitted that the applicant has been falsely implicated in this case. 4. ...


Sep 03 2010

Smt. Mamta Devi Vs. State and anr

Court: Uttaranchal

Decided on: Sep-03-2010

1. This revision is directed against judgment and order dated 05.11.2005, passed by Judge Family Court, Udham Singh Nagar, in Criminal Miscellaneous Case No. 19 of 2000, whereby   said court  dismissed the application moved under section 125 of Code of Criminal Procedure, 1973, (for short Cr.P.C),  by the revisionist. 2. Heard learned counsel for the parties. 3. Brief facts of the case are that revisionist filed an application under section 125 Cr.P.C., claiming maintenance at the rate of Rs. 5,000/- per month alleging that Ram Bharosey Lal was her husband and earns Rs. 10,000/-. It is further pleaded by the revisionist in the application that she is unable to maintain herself as such she be awarded Rs. 5,000/- per month as maintenance. 4. The respondent no. 2 contested the application and pleaded that he is 60 years old man  who lives with his wife and children. He has further pleaded that he has grand children also. He denied his marriage with the revisionist...


Sep 03 2010

Smt. Neelam Jaipuria and Another Vs. State and Another

Court: Uttaranchal

Decided on: Sep-03-2010

1. Heard Mr. Mohd. Azim, Advocate holding brief of Mr. Sandeep Tandon, Advocate for the applicants and Mr. Nandan Arya, AGA for State of Uttarakhand/respondent no.1. 2. This Criminal Misc. application has been filed by the applicants under Section 482 of Cr.P.C. for setting aside the summoning order dated 12.05.2004 passed by Judicial Magistrate CBI, Dehradun, in Complaint Case No. 2284 of 2004 M/s J.P. Miniature Bulb Industries v. M/s Neelam Enterprises under Section 138 & 142 of Negotiable Instruments Act, 1881 (from hereinafter referred to as the “Act”) whereby the court below has taken cognizance of the same and issued summons against applicant no.1 who is proprietor of the company. 3. Applicant no.2 is a company. 4. The grounds raised by the applicants are that sufficient compliance of Section 138 of the Act has not been made inasmuch as it has not been stated in the complaint as to on what date the notices have received by the applicants and whether it has been re...


Sep 03 2010

Tota Ram Panthari. Vs. Ratnambar Dutt Joshi and Others.

Court: Uttaranchal

Decided on: Sep-03-2010

1. These petitions have been filed by the petitioners challenging the judgment and order dated 24.04.2007 passed by Prescribed Authority, Kotdwar, District-Pauri Garhwal in Rent Case No. 11 of 2005 Ratnamber Dutt Joshi and others vs. Abdul Raseed (Deceased) and others and in connected cases and judgment and order dated 08.01.2010 passed by the District Judge, Pauri in Misc. Rent Appeal No. 16 of 2007 and in the connected appeals. 2. Since in all these writ petitions, common question of law is involved to be decided by this Court therefore, all these petitions have been consolidated and are being disposed of by a common judgment. Writ petition no. 144 of 2010 (M/S) shall be the leading case. 3. Brief facts of the case, which emerge out from the record of writ petition no. 144 of 2010 (M/S), are that petitioner and one Digambar Prasad Kainthola were partners in the firm known as M/s Kainthola Medicos, since its inception in the year 1984. The firm is the tenant in the shop situated at Ba...


Sep 03 2010

Gopal Dass So. Late Sri Ram Prashad and ors Vs. State and anr.

Court: Uttaranchal

Decided on: Sep-03-2010

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. 227 of 2 2005, Prem Chand v. Raj Kumar and others, relating  to offences punishable under Section 498-A, 504, 506  of I.P.C., and one punishable under Section 3 /4 of the  Dowry Prohibition Act, 1961, police station Laksar,  District Haridwar, pending in the court of Civil Judge  (Junior Division) / Judicial Magistrate, Laksar.  2) Heard learned counsel for the petitioners and  perused the papers on record.  No one turned up on  behalf of the complainant, even after sufficiently  served, nor any counter affidavit is filed.       3) Brief facts of the case are that respondent No. 3 /  complainant filed a criminal  complaint before the trial  court stating that his sister Poonam...


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