Uttaranchal Court May 2013 Judgments
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The New India Assurance Company Ltd. Vs. Mrs. Suvlesh and Others
Court: Uttaranchal
Decided on: May-10-2013
B.S. Verma, J. (Oral). This appeal, under Section 173 of the Motor Vehicle Act, 1988, is directed against the judgment and award dated 17.12.2009 passed by M.A.C.T./District Judge Haridwar in Motor Accident Claim Petition No.106 of 2007, Smt. Suvlesh vs. Smt. Kusum Agarwal and another, whereby a compensation of Rs.30,400/- has been awarded to the claimant/respondent no.1 along with interest @ 6% per annum against the appellant The New India Assurance Company, as mentioned in the impugned award. Briefly stated facts of the case, giving rise to this appeal are that on 25.4.2007 at 3 PM when the claimant/respondent no.1 Smt. Suvlesh was going from Jwalapur to Roorkee by car bearing no.UP10B-8686, a bus bearing no.UP11F-5182, coming from the opposite direction, being driven by its driver rashly and negligently, dashed with the car, resulting injuries to the claimant. The claimant was 28 years of age on the date of accident. The claimant thus filed the claim petition claiming a sum of Rs.1,...
State of Uttarakhand Vs. Pawan Kumar
Court: Uttaranchal
Decided on: May-09-2013
Kalyan Jyoti Sengupta, J. (Oral) It is the State appeal against the judgment and sentence of acquittal passed by learned Sessions Judge, Pithoragarh dated 20.09.2001 in Sessions Trial No. 52 of 2001, under Sections 307/306 of I.P.C. The prosecution case runs as follows:- The First Information Report was lodged on 15.02.2001 at 22:35 by one Prakash Chandra Joshi resident of Village Thali Post Khawkot, District Pithoragarh at Police Station Askot in the District of Pithoragarh against the accused/respondent Pawan Kumar son of Lal Mani alias Lalit Mohan Pant resident of Village Malli Sangari, Police Station Askot, District Pithoragarh stating that Bhagirathi daughter of Late Narayan Dutt Pant resident of Village Malli Sangari is his niece. She was aged about 22 years at the relevant time. On 15.02.2001 at about 04:30 a.m., she herself had poured kerosene oil on her person and burnt herself. Thereafter, she was taken to the hospital. In the hospital when complainant asked her what had hap...
Bhupendra Singh Majera and Others Vs. State of Uttarakhand and Others
Court: Uttaranchal
Decided on: May-08-2013
Kalyan Jyoti Sengupta, J. This writ petition has challenged the decision of the Committee constituted in terms of the judgment rendered in Writ Petition No. 1066 of 2011 (S/S), in its meeting held on 01.01.2012 and also sought for a writ of mandamus declaring the hostile discrimination meted out against the petitioners in the matter of appointment as arbitrary and illegal. The petitioners further sought a writ of mandamus declaring the inaction on the part of the respondents in not appointing the petitioners against the available vacancies to the post of Assistant Accountant when less meritorious candidates have been appointed, as arbitrary and illegal. Consequently, a writ of mandamus has been asked to forthwith appoint the petitioners to the post of Assistant Accountant from due date, as per their ranking in the merit list, with all consequential benefits. The short fact leading to the filing of the writ petition is that the petitioners and each of them alongwith other eligible candi...
Neeraj and Another Vs. State of Uttarakhand
Court: Uttaranchal
Decided on: May-02-2013
Prafulla C. Pant, J. Both these appeals are directed against the judgment and order 05.02.2009, passed by III Fast Track Court/ Additional Sessions Judge, Haridwar, in Sessions Trial No. 186 of 2001, Sessions Trial No. 81 of 2002 and Sessions Trial No. 289 of 2002, whereby said court has convicted accused Neeraj (appellant) under section 363, 366 and 376 IPC, and one punishable under section 3(1)(xii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, and sentenced him to rigorous imprisonment for a period of seven years and directed to pay fine of Rs.5,000/under section 363 IPC, rigorous imprisonment for a period of seven years and directed to pay fine of Rs.5,000/under section 366 IPC, and rigorous imprisonment for a period of ten years and directed to pay fine of Rs.6,000/under section 376 IPC and rigorous imprisonment for a period of two years and directed to pay fine of Rs. 2,000/under section under section 3(1)(xii) of Scheduled Castes and Scheduled Tri...
Dr. (Mrs.) Rita Bahuguna Joshi and Others Vs. State of Uttarkahand
Court: Uttaranchal
Decided on: May-01-2013
U.C. Dhyani, J. (Oral) 1. The applicants, by way of present application under Sections 482 Cr. P.C., seek to quash the impugned FIR, charge sheet and orders dated 17th April, 2007 and 19th June 2008 passed in criminal case no. 1537 of 2007 State vs. Nav Prabhat and others, pending in the Court of Judicial Magistrate, Vikas Nagar. 2. A first information report was lodged by Naib Tehsildar, Vikas Nagar against Ram Saran Nautiyal, Smt. Rita Bahuguna Joshi (both workers of Congress Party) and Nav Prabhat, who was a candidate contesting the election in Vikas Nagar Assembly constituency, on 07.02.2007 in PS Dakpathar, as regards offences punishable under Sections 171-C IPC and Section 123 of the Representation of People Act, 1951. 3. According to the first information report, which was addressed to the officer-in-charge, reporting outpost, Dakpathar, an annual function of Uttarakhand Adiwasi Vikas Parishad was organized on 07.02.2007 in the premises of Garhwal Mandal Vikas Nigam, in which Ra...
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