Uttaranchal Court September 2011 Judgments

Rajendra Kumar S/O Sri Jai Chand Vs. State of Uttarakhand

Court: Uttaranchal

Reported in: 2012CrLJ173(NOC)

U.C. Dhyani, J. 1. This criminal revision no.53 of 2003 has been preferred by the revisionist Rajendra Kumar s/o Shri Jai Chand r/o near Police Station Gadarpur, ward no.3 Police Station, Gadarpur, district Udham Singh Nagar against the judgment and order dated 05.03.2003 passed by Additional District and Sessions Judge/Ist F.T.C., Haldwani, district Nainital whereby criminal appeal no. 30 of 1999 arising out against the judgment and order dated 25.11.1999 of Chief Judicial Magistrate, Nainital in criminal case no. 1389 of 1996 convicting and sentencing the revisionist under Section 7/16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 to undergo one year’s rigorous imprisonment and to pay a fine of Rs.1000/- in default of payment of fine to undergo 3 months’ simple imprisonment was dismissed and conviction was affirmed. 2. The facts, as stated in the complaint filed by Shri M.S. Bisht, Food Inspector, Gadarpur are that on 18.07.1996 at 9 p.m. at Dineshpur, accused...

Sunil Kumar Gupta Vs. Smt. Shalini Gupta

Court: Uttaranchal

Reported in: 2012CrLJ1958

Servesh Kumar Gupta, J. 1. By way of this Criminal Miscellaneous Application, the prayer has been made to quash the judgment and order dated 1.12.2007 passed by the Special Judicial Magistrate II, Dehradun in Miscellaneous Case No. 5/2007, titled as Smt. Shalini Gupta v. Sunil Gupta. It has also been further prayed to quash the judgment and order dated 20.8.2008, passed by the Additional District Judge/F.T.C.-II, Dehradun in Miscellaneous Criminal Appeal No. 5/2008, titled as Sunil Gupta v. Smt. Shalini Gupta. 2. Having heard the learned Counsel for the parties and on perusal of the materials on record, it appears that Smt. Shalini Gupta was wedded with Sunil Gupta on 18.11.1986 as per Hindu customs and rituals. Out of the said wedlock, two children, namely, Km. Ankita and Master Mridul Gupta were born. Both children are residing with Smt. Shalini Gupta, whose relations with her husband Sunil Gupta became sour with the result that a petition no. 587/2002, under Section 9 of the Hindu ...

Hari Prakash Vs. State of Uttarakhand and Others

Court: Uttaranchal

Tarun Agarwala, J. The petitioner was elected as the Pradhan of Gram Panchayat Bhamrola, District Udham Singh Nagar on 29th September, 2008. On 21st October, 2010, an application was filed under Section 14 of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to as ‘the Act’) read with Rule 33-B of the U.P. Panchayat Raj Rules, 1947 (hereinafter referred to as ‘the Rules’) for initiating a no confidence motion against the petitioner. On this application, the District Panchayat Raj Officer, by an order dated 23rd October, 2010, fixed 29th October, 2010 for verification of the signatures of the members of the Gram Sabha. On 25th October, 2010, it was found that one of the affidavits, which accompanied the notice, was defective and accordingly, the District Panchayat Raj Officer returned the notice filed under Section 14 of the Act. A fresh application was filed on 2nd November, 2010. This application was accompanied by the affidavits of five members of the Gra...

Praveen Kumar Sharma Vs. Sudhanshu Mishra Pathak

Court: Uttaranchal

1. Heard learned counsel for the parties. 2. Learned counsel for the parties have agreed to dispose of this writ petition at the admission stage. 3. By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned judgment and order dated 31-5-2011 passed by Additional District Judge/F.T.C.V. Dehradun in Misc. Civil Appeal No.165/2010, Sudhanshu Mishra Pathak v. Praveen Kumar Sharma, whereby the order dated 30-12-2010 passed in suit No.627/2009, by which the issue regarding valuation of Court fees was decided, has been set aside. 4. Brief facts of the case, as narrated in the writ petition, are that respondent plaintiff filed a suit No.627/2009 against the petitioner-defendant before the Court of Civil Judge (S.D.), Dehradun, for a decree of mandatory injunction directing the petitioner to deliver the possession of the property in question to the respondent plaintiff and further sought decree for damages for illegal use and occupation o...

M/S Manokamna Steel Pvt. Ltd. Vs. Punjab National Bank

Court: Uttaranchal

TARUN AGARWALA, J. In the year 2005, the petitioner had taken a loan from the respondent bank for the purpose of running a factory. Initially, a Cash Credit limit of Rs.100 lacs and a term Loan of Rs.160 lacs was granted. This Cash Credit limit was enhanced from time to time and eventually, it was extended upto Rs.600 lacs. In the year 2009, the loan was re-structured. It is alleged that the Cash Credit limit was reduced from Rs.600 lacs to Rs.400 lacs and the Term Loan limit was reduced from Rs.160 lacs to Rs.48 lacs. On 8th July, 2010, a notice under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’) was issued by the respondent bank indicating that the petitioner’s account has been classified as a non-performing asset (NPA) as on 30th June, 2010 as per the Reserve Bank of India guidelines and indicating therein that the outstanding amount was liable to be r...

Munshi Ram Gupta Vs. State Bank of India, Branch Sitarganj, District U ...

Court: Uttaranchal

Barin Ghosh, C.J. (Oral) 1. In the writ petition, appellant sought to challenge the validity of the notice dated 3rd December, 2010 issued by the respondent Bank under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’). It was contended that recourse to the provisions contained in Section 13(2) of the said Act could only be taken by the respondent Bank, provided the cash credit account of the appellant had become a non-performing asset. The appellant sought to demonstrate in the writ petition that the cash credit account of the appellant did not become a non-performing asset at or before the said notice was issued. The writ petition has been dismissed by the judgment and order under appeal holding that the appellant has an efficacious remedy of filing objection before the authority concerned. The learned Judge, while doing so, took notice of the judgment of the Hon&...

Ashish Nautiyal Vs. State of Uttarakhand

Court: Uttaranchal

1. Heard Mr. R.P. Nautiyal, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. 2. Learned counsel for the applicant submitted that the alleged incident was said to have taken place on 12.4.2010, however, the FIR was lodged on 21.5.2010 and the delay in lodging the FIR has not been explained by giving a sufficient cause. 3. He further argued that in the FIR there is no allegation of abatement against the applicant that he instigated or threatened the victim to commit suicide. Having considered the submissions of learned counsel for the parties and after going through the papers on record, without expressing any opinion about the final merits of the case, the Court is of the view that the present applicant deserves bail at this stage. 4. Let the applicant Ashish Nauityal be released on bail on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of CJM, Rudraprayag. The bail application is allowed accordingly....

Parvendra Vs. State of Uttarakhand

Court: Uttaranchal

1. Heard Mr. Lalit Sharma, learned counsel for the applicant and Mr. Amit Bhatt, Additional Government Advocate for the State. In brief, the prosecution story is that on 31.7.2010/1.8.2010 at about 12 in the midnight, the applicantaccused Parvendra, who was posted as Artisan Grade IV in BHEL, reached in the residential house of Sri S.K. Das, General Manager, situated at House No.36, Type V, Sector-5B inside the BHEL Campus. On the same night at about 11 PM, earlier the applicant-accused gave abuses to S.K. Das on telephone, who tried to make him understand. But when the applicant-accused did not convince, he disconnected the phone. 2. After 20-25 minutes at about 12 in the midnight, the applicant-accused jumped from the main gate and entered in his house and started knocking his door. On this, wife of Sri S.K. Das came on the door and asked him to come tomorrow as Sri S.K. Das was sleeping. But the applicant-accused did not listen her and started hurling abuses. Thereafter, Sri S.K. D...