Uttaranchal Court October 2011 Judgments
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NitIn Kumar Vs. State of Uttarakhand
Court: Uttaranchal
Decided on: Oct-31-2011
1. Heard. 2. This revision is directed against the judgment and order dated 22.09.2011, passed by Sessions Judge, Hardwar, in Criminal Appeal No. 139 of 2011, whereby said court has dismissed the appeal, and affirmed the order dated 25.07.2011, passed by Juvenile Justice Board, Hardwar, declining to grant bail to the present revisionist. 3. Learned counsel for the revisionist submitted that from the First Information Report itself reveals that while playing cricket a quarrel picked up among the some boys. It is pointed out that one Ankit is said to have fired the shot at the deceased. The post-mortem report discloses only one gun shot injury out of the six injuries suffered by the deceased. 4. Co-accused Rakesh Kumar and Isham Singh have already been directed to be released on bail by this Court. 5. Learned counsel for the complainant submitted that since criminal cases are registered against father and uncle of the present revisionist as such, the rejection of the bail by the courts b...
Lt. Col. Maharaja Manbandra Shah Dead by Lrs. Vs. State of U.P. Throug ...
Court: Uttaranchal
Decided on: Oct-21-2011
B.S. Verma, J. By means of this petition the petitioner has sought a writ in the nature of certiorari, quashing the orders dated 25-3-1994 and 6-7-1998, Annexure Nos. 1 and 2 to the writ petition, passed by respondent No.1 and 2 respectively. Briefly stated the facts of the case, giving rise to this writ petition, are that order dated 14-10-1978 was passed by District Judge, Tehri Garhwal in O.S. No. 11 of 1978, arising out of the award published and declared by the Arbitrator Sri P.H. Ramchandani dated 28-2-1978 in the matter of arbitration between Lt. Col. Maharaja Manbendra Shah and State of U.P. During the pendency of the writ petition Lt. Col. Maharaja Manbendra Shah has died and he was substituted by petitioner No. 1/1 Maharaja Manujendra Shah. After passing the award the petitioner filed an application U/S 14 read with Section 17 of the Arbitration Act, in the Court of District Judge Tehri for making the said award a Rule of the Court. The state of U.P. filed objections under Se...
Kulanand Swaroop Brahamchari Vs. M/S Tata Motors Ltd. and Others
Court: Uttaranchal State Consumer Disputes Redressal Commission SCDRC Dehradun
Decided on: Oct-21-2011
B.C. Kandpal, President: 1. This is complainants appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 15.02.2010 passed by the District Forum, Dehradun in consumer complaint No. 156 of 2007. By the order impugned, the District Forum has partly allowed the consumer complaint and directed the opposite parties to pay a sum of Rs. 2,83,777/- to the complainant. Not satisfied with the relief awarded by the District Forum, the complainant has filed this appeal for enhancement. 2. In brief the facts of the case are that in February March 2006, the complainant purchased a truck from the opposite party No. 3 at a cost of Rs. 8,08,468/- which was allotted registration No. UA10-4810. The said truck was insured with The Oriental Insurance Company Limited for the period from 15.02.2007 to 14.02.2008 at an IDV of Rs. 6,70,000/-. The truck was registered as Goods Carriage and Goods Carriage Permit was granted in favour of the complainant by the Transport Department, U...
Lala Srimandar Das JaIn and Others Vs. Additional Civil Judge Dehradun ...
Court: Uttaranchal
Decided on: Oct-19-2011
1. This writ petition was dismissed for want of prosecution vide order dated 6-7-2011. 2. The petitioner has moved the restoration application to recall the dismissal order dated 6-7-2011. 3. Grounds are sufficient to recall the order dated 6-7-2011. The order dated 6-7-2011 is hereby recalled. The writ petition is restored to its original number. The restoration application is allowed. 4. By means of this writ petition, the petitioners have sought a writ in the nature of certiorari quashing the order dated 16-6-1989 (Annexure-5 to the writ petition) passed by the 1st Additional Civil Judge, Dehradun in Civil Appeal No. 77 of 1971, whereby application 58-Ka 1, which was moved by the petitioner for abatement of the appeal was rejected. 5. Relevant facts, giving rise to the present writ petition, in brief, are that initially Molhar Mal, Smt. Chameli, Sri Prabhu Dayal, Shambhu Dayal, Sri Manohar Lal, Anoop Singh, Sri Chiranji Lal, Sri Ghamandi Lal and Sri Daya Ram instituted a Civil Suit ...
Smt. Sushila Devi Vs. Trilok Singh and Others
Court: Uttaranchal
Decided on: Oct-17-2011
1. Instant Second Appeal is directed against the judgment and decree dated 07.04.2011 passed by the District Judge, Nainital in First Appeal No. 35 of 2009 and also against the judgment and decree dated 29.09.2009 passed in Civil Suit No. 59 of 2009 ‘Smt. Sushila Devi vs. Trilok Singh and others’. 2. Plaintiff/appellant instituted a suit for declaring the registered sale deed dated 15.02.2005 as null and void and also for cancellation of the same, executed by defendant/ respondent nos. 2 to 4 in favour of defendant/ respondent no.1 in respect of 468.31 square feet land, situated at village Kusum Khera, Tehsil Haldwani, District Nainital. Another prayer was made in the suit for permanent injunction restraining the defendant/ respondents from interfering in the land in question. 3. The case of the plaintiff/appellant is that the father of the appellant was absolute owner of land measuring 4 Bigha 10 Biswas situated in village Kusum Khera, Tehsil Haldwani, District Nainital. O...
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