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Uttaranchal Court February 2013 Judgments

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Feb 28 2013

State of U.P. and Others Vs. Kundan Singh and Another

Court: Uttaranchal

Decided on: Feb-28-2013

Oral: Barin Ghosh, C.J. 1. Certain allegations were levelled against respondent no. 1, a U.P. State Government Employee, in respect whereof respondent no. 1 had written a letter. Subsequently, that letter was withdrawn. Soon thereafter, respondent no. 1 was charge-sheeted by the State of Uttar Pradesh. Respondent no. 1 denied the charge. Accordingly, an Inquiry Officer was appointed. The Inquiry Officer purported to conclude the inquiry solely on the basis of that letter. No witness was examined by the Inquiry Officer and, even if examined, no opportunity of cross examining them was given to respondent no. 1. Accepting the report of the Inquiry Officer, the Disciplinary Authority dismissed respondent no. 1 from service. On an approach made by respondent no. 1, the Public Services Tribunal, Uttar Pradesh set aside the order of dismissal and directed reinstatement with back wages. The State of Uttar Pradesh filed the present writ petition. The same was admitted, but prayer for stay of th...


Feb 27 2013

Mitthu Lal Vs. State of Uttaranchal

Court: Uttaranchal

Decided on: Feb-27-2013

B.S. Verma, J. Oral: This appeal preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.), is directed against the judgment and order dated 20thDecember 2003, passed by learned Sessions Judge/Special Judge Pithoragarh, in Sessions Trial No. 51 of 1999 State Vs. Mitthu Lal, whereby the accused-appellant Mitthu Lal has been convicted under Section 376/511 of the Indian Penal Code (hereinafter referred to as I.P.C.) and has been sentenced to undergo five years rigorous imprisonment and a fine of Rs.2,000/- for the offence under Section 376/511 of the I.P.C. In default of payment of fine, the accused-appellant has been ordered to further undergo six months R.I. Heard learned Amicus Curiae for the appellants and learned Assistant G.A. for the State and have perused the record. The prosecution story as unfolded from the record is that on 28-9-1988, complainant Mundelal (PW 1) lodged a written report (Ext. Ka-1) with the Police Station Dharch...


Feb 14 2013

National Insurance Company Limited Through Regional Manager Vs. Birend ...

Court: Uttaranchal State Consumer Disputes Redressal Commission SCDRC Dehradun

Decided on: Feb-14-2013

C.C. Pant, Member This appeal is directed against the order dated 24.03.2011 passed by the District Consumer Forum, Chamoli in consumer complaint No. 24 of 2008, whereby the District Forum has allowed the consumer complaint against the opposite party No. 1 National Insurance Co. Ltd. and has directed the opposite party No. 1 to pay to the complainant insured amount of Rs. 2,00,000/-, Rs. 2,000/- towards mental agony and financial loss and Rs. 1,000/- towards the cost of litigation within one month from the date of order, failing which the complainant has also been held entitled to interest @ 6% per annum on the said amount from the date of the order. 2. Briefly stated, the facts of the case as mentioned in the consumer complaint are that the complainant Sh. Birender Singh had taken a loan of Rs. 2,00,000/- from Uttaranchal Gramin Bank opposite party No. 2 for his self-employment and started an electronic shop. The said electronic shop was insured with the National Insurance Co. Ltd.-...


Feb 04 2013

M/S Unicon Securities Pvt. Ltd. Vs. Shyam Lal Singh

Court: Uttaranchal State Consumer Disputes Redressal Commission SCDRC Dehradun

Decided on: Feb-04-2013

C.C. Pant, Member This is an appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 20.07.2012 passed by the District Forum, Dehradun in consumer complaint No. 155 of 2009. By the order impugned, the District Forum has allowed the consumer complaint and directed the appellant opposite party to pay compensation of Rs. 30,000/- to the respondent complainant; Rs. 15,000/- towards mental pain and agony and Rs. 10,000/- towards litigation expenses. The above amount was directed to be paid within a period of 30 days, failing which the above amount was payable together with interest @9% p.a. from the date of filing of the consumer complaint till payment. 2. Briefly stated, the facts of the case, are that the opposite party is engaged in share business. The complainant opened a share account No. DD828 with the opposite party on 29.10.2008. The complainant deposited a sum of Rs. 20,000/- in the said account on 29.10.2008 for investment in shares and further depos...


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