Uttaranchal Court December 2012 Judgments
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Satish Kumar Vs. Branch Manager S.B.i. and Another
Court: Uttaranchal
Decided on: Dec-10-2012
Kalyan Jyoti Sengupta, J. After hearing the learned counsel for the parties and having considered this fact that the petitioner wants employment on compassionate ground on account of death of his father in harness. Petitioners father died in harness on 1st July, 2004, and petitioner applied for compassionate ground as it could be found from counter affidavit on 10th May, 2005. There is no dispute with regard to this fact. Undisputed fact is death of the petitioners father. There was scheme providing compassionate appointment. When application was made for compassionate appointment, scheme for compassionate appointment was in force. In course of time scheme for compassionate appointment is withdrawn. The petitioners case was not processed nor considered in terms of this scheme rather he was advised by communication in October, 2005 to apply under new scheme. In August, 2005, new scheme came into existence in place of old scheme. The new scheme provides for lumpsum payment in lieu of app...
Jagdish Arya Vs. State of Uttarakhand
Court: Uttaranchal
Decided on: Dec-07-2012
1. This appeal, preferred under section 374 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 13.07.2012, passed by Additional Sessions Judge/ II Fast Track Court, Nainital, in Sessions Trial No. 45 of 2011, whereby said court has convicted accused/appellant Jagdish Arya @ Jagdish Kaliya under section 342 and 376 IPC. He has been sentenced to simple imprisonment for a period of six months and directed to pay fine of ` 500/under section 342 IPC and rigorous imprisonment for a period of seven years and directed to pay fine of ` 5,000/under section 376 IPC. 2. Heard learned counsel for the parties, and perused the lower court record. 3. Prosecution Story in brief is that on 12.12.2010, P.W.1 Kailash Chandra Arya gave first information report (Ex. A1) at 7:30 p.m., at police station Kotwali Haldwani, District Nainital, alleging that on said date at about 6:30 p.m., accused Jagdish Arya @ Jagdish Kaliya called his minor sister Guddi to...
Rajveer Singh Vs. Executive Officer, Nagar Panchayat Dineshpur and Ano ...
Court: Uttaranchal
Decided on: Dec-07-2012
Delay condonation application No. 13039 of 2012 is allowed. Rejoinder affidavit is taken on record. The writ petitioner has challenged the order of acceptance of resignation dated 14thNovember, 2005. Short fact of the case is as follows:- The petitioner at the relevant point of time was a Class-III employee of Nagar Panchayat Dineshpur, District Udham Singh Nagar. Under compelling circumstances, the petitioner had put in paper on 21stSeptember, 2004. I have seen the contents of the letter of resignation and it appears that he had put in paper because of humiliation and torture. It is also the case of the petitioner that two days thereafter on 23rd September, 2004, he had addressed a letter to the Chairman of the aforesaid body stating to withdraw the letter of resignation. In the said letter, it is alleged he had to resign because of the situation mentioned in the letter. Now, after being persuaded by many a people, he has decided to withdraw the letter of resignation. The petitioner t...
Sardar Lakhbir Singh Senior Member and Trustee and Another Vs. Swargas ...
Court: Uttaranchal
Decided on: Dec-07-2012
B.S. Verma, J Oral: This second appeal is directed against the judgment and decree dated 18.4.1998 passed by the District Judge Pauri Garhwal in Civil Appeal No. 19 of 1997 Swargashram trust vs. Lakhbir Singh and another, whereby the appeal was allowed and the suit No. 43 of 1991 was decreed after reversing the judgment and order dated 26-11-1996 passed by trial court in O.S. No. 43 of 1991 in between Swargashram Trust vs. Sardar Lakhbir Singh and another. The relief sought in the second appeal is that the judgment and decree passed by the first appellate court referred above be set aside and the suit No. 43 of 1991 be dismissed. The second appeal was admitted by this court on the following substantial questions of law:- 1- Whether the amount paid for a limited period can be treated as donation when it was being paid for the use and occupation of the premises and not covered under Section 105 of the Transfer of Property Act. 2- Whether right of exclusive possession with creation of int...
V.N. Singh Vs. C.B.i. Dehradun
Court: Uttaranchal
Decided on: Dec-07-2012
Prafulla C. Pant, J. This appeal, preferred under section 374 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 24.08.2000, passed by Special Judge, Anti Corruption, Dehradun, in C.B.I. case no. 4 of 1995, whereby said court has convicted accused/appellant V.N. Singh under section 7 and under section 13 (2) read with section 13(1)(d) of Prevention of Corruption Act, 1988 (for short P.C. Act). The accused V.N. Singh has been sentenced by the trial court to rigorous imprisonment for a period of one year and directed to pay fine of Rs.2,500/under section 7 and rigorous imprisonment for a period of two years and directed to pay fine of Rs.7,500/under section 13(2) read with section 13(1)(d) of P.C. Act, 1988. 2. Heard learned counsel for the parties and perused the lower court record. 3. Brief facts, of the case, are that accused/ appellant V.N. Singh was Dy. General Manager (Electrical) with Tehri Hydro Development Corporation, Bhag...
Mohd. Tazim Vs. State of Uttarakhand and Others
Court: Uttaranchal
Decided on: Dec-06-2012
Having heard the learned counsel, it appears that on 8.2.2007, the police seized the vehicle being owned by the petitioner, which was found indulged in the forest crime while carrying a lot of sandalwood without any permission, and this way, the sandalwood was believed to be stolen from the forest. Learned Magistrate passed the order on 14.3.2007 whereby he released the vehicle in favour of petitioner. The said order dated 14.3.2007 was overturned by the Sessions Judge, U.S. Nagar vide the impugned order dated 24.4.2007. Assailing the same, the petitioner filed this petition and vide order dated 23.5.2007, this Court directed that the vehicle, if already released, shall not be taken back from the petitioner in pursuance of the order passed by the Sessions Judge. But on 20.11.2012, this petition was dismissed for want of prosecution thereby vacating the interim order. Now, the restoration application has been filed. Learned counsel has been heard on the restoration application, as also ...
Usman Vs. State of Uttaranchal
Court: Uttaranchal
Decided on: Dec-05-2012
U.C. Dhyani, J. 1. One Smt. Nasreen w/o late Mushtaque wrote a complaint to SO, Police Station Jaspur, District Udham Singh Nagar on 02.01.2002 regarding the killing of her daughter Afsana. According to the informant, the accused-appellant Usman s/o Abdul Sattar, who used to manufacture the bodies of trucks near Afzalgarh Road, used to come near the informants house quite often. Informant was a widow. She had a daughter named Afsana. Usman used to tease and flirt with her daughter. A complaint was made to the family members of Usman in this respect. On 01.01.2002, when Afsana went to cut cattle grass and did not return by the evening, informant-mother made a search for her daughter. Informants neighbours PW 2 Ram Kishore and PW 3 Shakeel Ahmad told her in the morning of 02.01.2002 that when Afsana was cutting cattle grass on 01.01.2002 at 5:00 p.m., accused Usman followed her. On having made frantic search, the informant found the dead body of her daughter Afsana in the field situated ...
Vikram Singh Negi Vs. District Magistrate Chamoli and Another
Court: Uttaranchal
Decided on: Dec-04-2012
By this writ petition, order of termination of services of petitioner dated 13th September, 2005 and order dated 13th September, 2005 intending to recover the excess payment are challenged. The fact, as it appears from the records, is as follows:- The petitioner was appointed as a Jeep Driver on 8th June, 1999 purely on a temporary basis. The letter of appointment is annexed with the petition as Annexure-1. The aforesaid letter of appointment clearly says that it is purely a temporary appointment, but the regular pay scale was granted. There is no dispute the aforesaid post of Jeep Driver is substantive one but the engagement of the petitioner was temporary. This was the status since beginning. However, in the year 2002, by an order dated 21st May, 2002, the aforesaid status of the petitioner was sought to be changed to that of daily rated Jeep Driver. The aforesaid order of change of status was challenged alongwith another driver in this Court. In that writ petition not only the order...
Prashant Kumar Dabral and Others Vs. Digvijay Singh and Another
Court: Uttaranchal
Decided on: Dec-04-2012
V.K. Bist, J. This appeal has been filed by the plaintiff/ appellants against the order dated 03.03.2012 passed by Addl. District Judge/7th F.T.C., Dehradun in Original Suit No. 223 of 2011 whereby the Court below has dismissed the temporary injunction application paper no. 6c-2 moved by the plaintiff/appellants and the temporary injunction application paper no.25c-2 moved by the defendant/respondents. Simultaneously, the order dated 27.07.2011 was set-aside whereby the parties were directed to maintain status-quo. 2. As per the plaint version, it revealed out that father of the appellants, namely, Sri Krishan was the owner of land total measuring .3840 hectares situate at Mauja Mothrowala, Pargana Parwadoon, Tehsil Sadar, District Dehradun. His name was duly recorded in the revenue records. The plaintiff/ appellants are the sons of Sri Krishan. The name of the father of the appellants continued to be recorded in the revenue records but after his death, the appellants could not get the...
Hema Rawat Vs. State of Uttarakhand and Another
Court: Uttaranchal
Decided on: Dec-04-2012
1. Challenge in this petition is to the chargesheet submitted against the applicant Hema Rawat and her son Mohit Rawat for the offences under Section 193, 420 read with Section 120 B IPC on 23.1.2008 pertaining to Crime No. 405/2007 and also the order of cognizance dated 9.5.2008 passed pursuant to the said chargesheet. 2. Theme of the entire episode as emerging out from the FIR dated 29.6.2007 lodged by Anil Kanti under Section 307 IPC against unknown persons. During the investigation, complicity of Mr. Mohit Rawat was found as an assailant, who opened fire. He was arrested by the police. His juvenility was claimed by his mother stating his date of birth as 3.12.1989. As per the certificate of the Central Board of Secondary Education (CBSE) as well as the marksheet of the said board, his date of birth is 3.12.1989, so he was below 18 years and thus he was declared juvenile and granted bail by the Juvenile Justice Board. 3. Later on his granting bail was agitated by producing an admiss...
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