Uttaranchal Court August 2012 Judgments
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Smt. Renu Vs. Rakesh Kannojia
Court: Uttaranchal
Decided on: Aug-30-2012
U.C. Dhyani, J. 1) This appeal was directed against the judgment and order dated 07.08.2006, passed by the Principal Judge, Family Court, Dehradun, in Petition No. 343 of 2004, whereby the petition filed by the appellant-wife for seeking divorce under Section 13 of the Hindu Marriage Act, 1955 and for return of streedhan under Section 27 of the said Act was dismissed. 2) Marriage between appellant Renu with respondent Rakesh Kannojia was solemnized on 16.11.2002 at Dehradun. Appellant Renu moved a petition under Sections 13 and 27 of the Hindu Marriage Act, 1955, for a decree of divorce and also for return of her streedhan, detailed and specified in the list enclosed with the petition. It was pleaded in the petition that when the appellant-wife reached her matrimonial home after marriage, respondent husband showed his displeasure by saying that the articles given in the marriage were cheap and were of inferior quality. He also lamented that father of the appellant-wife did not give Mar...
Smt. Lilawati and Another Vs. Smt. Prem Lata and Others
Court: Uttaranchal
Decided on: Aug-29-2012
Oral: 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 to quash the order dated 1-2-2005 (Annexure No.1 to the petition) passed by respondent no.4, whereby the learned trial Court on Preliminary Issue No.6, framed in O.S. No. 177 of 2002, has held that the court fee paid by the plaintiff on the annual rent of the premises is proper. The Issue no. 6 has been decided in favour of the plaintiff and against the defendant. 3. Relevant facts giving rise to the present writ petition I brief are that Smt. Premlata and Kaushal Kishore, plaintiff-respondent nos. 1 and 2 filed a suit against the petitioners and Nagar Palika Parishad (respondent no.3 herein) in the court of Civil Judge (Junior Division) Haridwar, which was registered as O.S.No.177 of 2002. In the suit, the plaintiffs have sought the relief for possession of the property detailed at the foot of the plaint...
B.K. Industries Vs. State of Uttarakhand and Others
Court: Uttaranchal
Decided on: Aug-29-2012
Sudhanshu Dhulia, J. (Oral) The petitioner is common in all the aforesaid writ petitions. The petitioner is proprietorship firm, which is engaged in manufacturing of electrical appliances. The factories of petitioner are situated at Almora and Udham Singh Nagar, which are in the State of Uttarakhand. The petitioner claims to be a small-scale industry as well. 2. The sole grievance of the petitioner is that the respondents i.e. local authorities (like Nagar Palika Parishad Almora, Nagar Nigam Dehradun, Nagar Palika Parishad Kashipur, Nagar Palika Parishad Tanakpur, Nagar Palika Parishad Haridwar, Nagar Palika Parishad Pauri Garhwal, Nagar Palika Parishad Ramnagar, Nagar Palika Didihat, Nagar Palika Parishad Jaspur, Nagar Palika Parishad Rishikesh, Nagar Panchayat Lalkuan, Nagar Palika Parishad Uttarkashi, Nagar Palika Parishad Bageshwar, Nagar Panchayat Lohaghat, as well as the statutory creation such as Uttarakhand Power Corporation Ltd.) in the State of Uttarakhand have issued adverti...
State of Himachal Pradesh Vs. Narinder Kumar Son of Sh. Jagdish Chand ...
Court: Uttaranchal
Decided on: Aug-29-2012
Rajiv Sharma, J. State has come in appeal against the judgment of the learned Additional Sessions Judge (I), Kangra at Dharamshala rendered in Sessions Case No. 37-P/2003 whereby respondents, who were charged with and tried for offences punishable under sections 302, 201, 120-B, 147, 148, 149, 364, 323, 324 of the Indian Penal Code, have been acquitted on 2.3.2004. 2. Case of the prosecution, in a nutshell, is that Santosh Kumar left for his house on his scooter at 9.30 P.M. on 17.6.2003 with Manoj Kumar. When they reached at Patti, Manjeet Pathania met them. They noticed some persons standing on the road when they reached near Pantehar Band Bihar Chowk. They were drunk. They were requested to give passage. But they did not oblige. These persons started beating Manjeet. The persons who gave beatings left the place and came back again. These persons were accompanied by Nrinder, Vinod Kumar, Partap Kumar and Santosh. They came in a vehicle. They started beating PW-1, PW-2 and Manoj. Mano...
Nirmal Jeet Kaur Vs. State of Uttarakhand, Through Home Secretary Dehr ...
Court: Uttaranchal
Decided on: Aug-16-2012
(1) Heard. (2) By means of this petition moved under Section 482 of Cr.P.C., the petitioner has sought quashing of the order dated 28.05.2010 passed by Additional Chief Judicial Magistrate II, Dehradun in Case no. 201 of 2010, whereby said court allowed an application 18-A moved by the respondent no. 2 and 3, and set aside ex-parte order dated 16.02.2010 on payment of costs of Rs. 1,500/- to the petitioner. The petitioner has further challenged before this Court order dated 28.08.2010 passed by the appellate Court (Additional District Judge IV at Dehradun) in Criminal Appeal No. 45 of 2010, whereby said Court has affirmed the order passed by the Additional Chief Judicial Magistrate on 28.05.2010. (3) Brief facts of the Case are that the petitioner Nirmal Jeet Kaur got married to the respondent no. 2, Trilok Singh on 23.12.2005, and a son Master Harpreet SinghWalia @ Paras born out of the wedlock on 29.11.2007. Thereafter it appears that relations between the parties to matrimony got so...
Sab Singh Mehra Vs. State of Uttarakhand and Others
Court: Uttaranchal
Decided on: Aug-14-2012
Tarun Agarwala, J. Heard Sri Neeraj Garg, the learned counsel for the petitioner and Sri Paresh Tripathi, the learned Addl. C.S.C. for the respondents. By means of this writ petition, the petitioner has challenged the validity and legality of the order dated 15th March, 2012 by which the petitioner was removed by the District Magistrate u/S 5-A (c) read with Section 95 (1) (g) (v) of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to as the Act of 1947). The facts leading to the filing of the writ petition is, that the petitioner was appointed on 04.07.2001 as a Junior Clerk in Balganga Mahavidhyalaya, Central Camer in Tehri Garhwal. On 24th July, 2007, his services were confirmed. The institution at the relevant moment of time was a non-aided educational institution and was also affiliated to H.N.B. Garhwal University. The salary was paid to the petitioner from the own resources of the Committee of Management. In the year 2008, the petitioner applied to the institution seeking ...
Shankar Mandal Vs. State of Uttarakhand
Court: Uttaranchal
Decided on: Aug-09-2012
U.C. Dhyani, J. (Oral) 1. In the instant case, criminal law was set into motion by the father of victim by filing complaint in police outpost Shakti Farm, police station Sitarganj on 26.05.2004, at 08:30 P.M. The occurrence took place on the same day at about 07:00 P.M. 2. Prosecution story, in brief, is that appellant was married to victim 12 years ago. They used to quarrel very often after marriage. Since their financial condition was not good therefore, the wife used to go outside for the sake of earning her livelihood. Appellant used to suspect her and used to blame her character. On 26.05.2004, informants brother Thakur Mandal and his relative Bhisma Dev Mandal came to the house of victim to enquire about the well-being of victim. They reached there at 05:00 P.M. While appellant was present there, victim was away from home. When victim reached there at 06:30 P.M., appellant started abusing the victim. Appellant started raising accusing finger at her character. A heated exchange to...
Krishna Ballabh Vs. State of Uttarakhand and Others
Court: Uttaranchal
Decided on: Aug-09-2012
Tarun Agarwala, J. Heard Sri S.N. Babulkar, the learned Senior Counsel assisted by Mr. Sushil Vashisth, the learned counsel for the petitioner, Sri Paresh Tripathi, the learned Addl. C.S.C. for the State and Sri N.S. Negi, the learned counsel for respondent no.4. The Court has also perused the original record which was produced by the respondents. The petitioner has challenged the validity and legality of the order dated 4th July, 2011, by which the tender of M/s Deepak Nautiyal (respondent no.4) has been accepted for supply of food in H.N.B. Base/Teaching Hospital, Srinagar, District Pauri Garhwal, for a period of three years. The facts, leading to the filing of the present writ petition is, that a tender notice dated 3rd March, 2011 was issued, inviting applications for supply of food in the Hospital at Srinagar in District Pauri Garhwal for a period of three years. Pursuant to this tender notice, the petitioner applied, but the said tender was cancelled on account of the fact that o...
Anil Kumar Saxena Vs. District Magistrate Nainital and Others
Court: Uttaranchal
Decided on: Aug-09-2012
Heard Sri M.C. Kandpal, the learned Senior Advocate assisted by Sri S.S. Chaudhary, the learned counsel for the petitioner and Sri C.K. Sharma, the learned counsel for the respondents-company. The petitioner was appointed as an Accounts Clerk in the year 1976 in the respondents sugar factory by an order of 1st October, 1978. His services were terminated, against which, the petitioner raised an industrial dispute and the award was given directing reinstatement with continuity of services. This award was challenged by the employers but during its pendency the petitioner was reinstated on 1st March, 1981 without prejudice to the rights of the employers. In 1986, one Sri C.P. Srivastava was appointed as an Accounts Clerk who was given promotion as an Assistant Accountant Grade-1 on 19th March, 1991. This became the genesis of the present dispute. The petitioner raised an industrial dispute which was eventually referred for adjudication to a Labour Court being Adjudication Case No. 9 of 199...
Shamshad and Another Vs. State of Uttaranchal
Court: Uttaranchal
Decided on: Aug-08-2012
Barin Ghosh, C.J. Oral: 1. A First Information Report was lodged by the brother of the victim stating that victim has been kidnapped while he was on a rickshaw, which was, then, being pulled by Wasim (P.W.2). This information led to lodgment of a First Information Report, which was investigated upon. On 22nd January, 2005, Police recorded statements, amongst others, of one Mohd. Shahid (P.W.3), in course whereof, he allegedly disclosed involvement of the appellants and one Akhtar with the crime alleged. On 22nd January, 2005, appellants and Akhtar were arrested. Subsequently, appellant No. 1 Shamshad allegedly disclosed before the Police the whereabouts of the dead body and, on the basis of such disclosure, the dead body was recovered from a pond situate in the field of Rahman and about 100 paces away from the common tube-well. The dead body was, accordingly, sent for post-mortem. The Doctor conducted post-mortem on 24th January, 2005 and reported that the death has taken place by reas...
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