Uttaranchal Court March 2014 Judgments
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Pushpendra @ Shibbu Vs. State of Uttarakhand
Court: Uttaranchal
Decided on: Mar-10-2014
U.C. Dhyani, J. 1. Applicant Pushpendra @ Shibbu, who is in jail in connection with Case Crime/FIR No. 269 of 2013, relating to offences punishable under Sections 363, 366, 306, 309 and 506 of IPC, Police Station Rudrapur, District Udham Singh Nagar, has sought his release on bail. 2. Heard learned counsel for the parties, perused the material on record and considered the grounds taken up in the bail application. 3. Sushila (victim) eloped with Pushpendra alias Shibbu (accused-applicant). They went to Bulandsahar. There was love affair between them. When the first information report was lodged against the applicant, his father, his bua (aunt) and his father was arrested, Pushpendra and Sushila decided to commit suicide. Accordingly, both of them consumed poison. Whereas Sushila died, present applicant Pushpendra survived. According to postmortem report, the age of the victim was 22 years. Co-accused, i.e., father and bua of the applicant were granted bail by the Sessions Judge, Udham S...
M/S. Garhwal Marbles Vs. Oriental Insurance Company Ltd. and Others
Court: Uttaranchal
Decided on: Mar-10-2014
Alok Singh, J. (Oral) Learned Tribunal vide impugned judgment dated 09.01.2013 directed that awarded compensation should be recovered from the owner of the vehicle, on the ground that driver was having fake driving license. Honble Apex Court in the case of Pepsu Road Transport Corporation Vs. National Insurance Company reported in 2013 (10) SCC 217 having relied upon judgment passed by three-Judge Bench in the case of National Insurance Company Ltd. Vs. Swaran Singh and others reported in 2004 (3) SCC 297 has held as under: œThe matter was subsequently considered by a three-Judge Bench of this Court in National Insurance Co. Limited v. Swaran Singh and Ors. (2004) 3 SCC 297. The said Bench was of the view that in case the insured did not take reasonable and adequate care and caution to verify the genuineness or otherwise of the licence, the liability would still be open-ended and will have to be determined on the basis of facts of each case. The relevant discussions are available...
Dr. Ved Prakash Tyagi Vs. Union of India and Others
Court: Uttaranchal
Decided on: Mar-10-2014
Sudhanshu Dhulia, J. 1. The petitioner before this Court is a practitioner of Ayurveda and Unani system of medicines. In short, he is an œAyurvedic? Doctor. He is aggrieved by orders dated 06.05.2013 (including its amendment dated 07.05.2013) and dated 09.05.2013 passed by Controller Board of Indian Medicine Uttarakhand and also order dated 19.07.2013 passed by respondent No. 3 i.e. Principal Secretary, Department of Medical Education and Ayush, Dehradun. Lastly, by an amendment in the writ petition he has also challenged the notification of the Ministry of Health and Family Welfare, Government of India dated 27.07.2013 by which his œseat? has been declared vacant. 2. The petitioner was initially registered as an Ayurvedic Doctor with the State Board of Indian Medicine Rajasthan. He later on got a temporary registration with the Bhartiya Chakitsa Parishad Uttarakhand (hereinafter referred to as œBoard?), after getting No Objection Certificate from the counter part of ...
Sheela Devi Vs. State of Uttarakhand
Court: Uttaranchal
Decided on: Mar-07-2014
Servesh Kumar Gupta, J. 1. Along with preferring the instant appeal, bail application of the appellant was also moved. The ground, seeking bail, was substantially confined to the infirmity in dying declaration, so we directed on 26.12.2013 for listing of the appeal for hearing, along with the bail application. Registry was, accordingly, directed to prepare paper-books and make the same available to learned counsel for the parties, as quickly as possible, but not later than 24.02.2014. From the records, we have verified that, on 02.01.2014, the same was got received by Mr. Saurav Adhikari, Advocate for the appellant. However, when the matter is taken up for hearing, learned Senior counsel was not inclined to argue the appeal on merits except for bail application. 2. Since more than two months have elapsed from passing the earlier order on 26.12.2013, we thought it proper to hear the appeal on merits instead of hearing the bail application alone. 3. Having heard the appeal on merits, it ...
The Oriental Insurance Company Limited Through Its Senior Divisional M ...
Court: Uttaranchal State Consumer Disputes Redressal Commission SCDRC Dehradun
Decided on: Mar-04-2014
B.C. Kandpal, President (Oral): 1. This appeal, under Section 15 of the Consumer Protection Act, 1986, is directed against the order dated 08.10.2010 passed by the District Forum, Chamoli in consumer complaint No. 02 of 2010, whereby the District Forum has allowed the consumer complaint against the appellant and directed the appellant to pay the insured amount of Rs.50,000/- to the respondent No. 1 “ complainant together with interest @8% p.a. from the date of filing of the consumer complaint till payment; Rs.2,000/- towards mental and financial agony and Rs.2,000/- towards litigation expenses. 2. Briefly stated, the facts of the case as mentioned in the consumer complaint, are that Kunwar Naresh Bahadur Singh, the deceased son of the complainant, was a student of Class “ VIII in Government Intermediate College, Gamshali, Chhinka, District Chamoli in the academic session 2007-08. At the time of depositing the fee, sum of Rs.20/- was deposited towards premium under Student S...
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