Skip to content


Judgment Search Results Home > Cases Phrase: mediation Court: uttaranchal Year: 2005 Page 1 of about 14 results (0.005 seconds)

May 06 2005 (HC)

Naresh Kumar Alias Billu Vs. State of Uttaranchal and ors.

Court : Uttaranchal

Decided on : May-06-2005

Reported in : (2006)IILLJ509UC

..... case he is allowed to adjudicate the matter on merits. thus in the dictionary meaning conciliation' means 'bringing of opposing parties or individuals into harmony'. the conciliator should try to mediate between the parties and in case, he fails to do so the matter may be sent for adjudication in accordance with the provisions of u.p. industrial disputes act.24 .....

Tag this Judgment!

Aug 11 2005 (HC)

Ayyub and ors. Vs. State of Uttaranchal

Court : Uttaranchal

Decided on : Aug-11-2005

Reported in : 2006CriLJ1227

j.c.s. rawat, j.1. this is a criminal appeal against the judgment and order dated 18-11-1980 passed by sri vishnu chandra, the then vth add. sessions judge, saharanpur in s. t. no. 272/1980 state v. ayyub and ors. convicting and sentencing the appellants to r.i. for two years under section 308 read with section 34, i.p.c. and to r. i. for one year under section 323 read with section 34, i.p.c. both the sentences would run concurrently.2. the prosecution case in a nutshell is that one-jimmu has four sons namely rahmat, fakkar budhu and mushtaq. ramzani is the son of rahmat. budhu has two sons namely jameel-injured and barkat-injured. barkat has one daughter namely km. naeema. mushtaq has two sons namely ayyub-accused and accused-mustaqeern. ayyub and mustkim are the cousins of barkat ali-complainant. for the sake of convenience, pedigree is given below :jimmu|---------|------------|----------------------|rahmat fakkar budhu mushtaq| | |ramzani (son) |------------| |-------------|jameel barkat ayyub mustakeen3. after the death of jimmu, his land was entered in the name of his four sons. there was consolidation in the village and one chak was formed in the name of mustkim and ayyub accused who are the sons of mushtaq. the other chak was entered in the name of rehmat. fakkar and budhu and this chak is about 48 bighas kachcha in area and is in the south of village. fakker's wife died many years ago. although, the chak in the name of fakkar, rehmat and budhu was not legally .....

Tag this Judgment!

Jun 06 2005 (HC)

Khyali Ram Sharma Vs. Bhola Dutt Sharma and anr.

Court : Uttaranchal

Decided on : Jun-06-2005

Reported in : AIR2005Utr49

irshad hussain, j.1. this is an appeal against the judgment dated 14-5-1998 passed by the then civil judge (senior division), almora in original suit no. 74/1997. appellant-plaintiffs suit for partition and for rendition of accounts was dismissed.2. plaintiff filed a suit for partition claiming i/3rd share in plot serial no. 99/95 popularly known as 'dan singh estate' at ranikhet cantonment, district almora and for rendition of the accounts in relation to compensation and sale proceeds of his part of the plot realized by defendant no. 1 so as to pay l/3rd share to him.3. plaintiff and the defendants are real brothers and their ancestral property is situate in village kharak, district almora. their father died in the early nineteen forties. plaintiff alleged that at that time defendant. no. 1 was major and on the death of the father he became 'karta' of the hindu undivided family. in the year 1948 plaintiff went to delhi and in 1949 started a canteen in the office of deputy auditor general, 3-man-singh road, new delhi. plaintiff further pleaded that he repaid all the debts of the huf and supported the defendants (who were residing in ancestral village; that the defendant no. 2 was looking after the agricultural work in village as agreed between the three brothers and plaintiff and defendant no. 1 were engaged in business in delhi; that the defendant no. l had no independent business or profession or occupation till 1971; that in the year 1954 he started qutub restaurant and .....

Tag this Judgment!

Sep 28 2005 (HC)

Dr. Satish JaIn Etc. Vs. State of Uttaranchal and anr.

Court : Uttaranchal

Decided on : Sep-28-2005

Reported in : 2006CriLJ1172

orderj.c.s. rawat, j.1. the challenge under section 482 of criminal procedure code (for the short 'cr.p.c.') is the order of the learned chief judicial magistrate, udham singh nagar dated 14-11-2003 (annexure 11 to the petition) passed in complaint case no. 5292 of 2003 ashok kumar khurana v. dr. satish jain and ors. p.s. rudrapur district udham singh nagar by which the learned chief judicial magistrate took the cognizance and summoned the applicants under sections 420 and 406 ipc.2. the facts in brief relating to these petitions are that the respondent no. 2 ashok kumar khurana filed complaint case no. 5292 of 2003 in the court of chief judicial magistrate, udham singh nagar against the applicants and smt. manju jain under sections 420/406 ipc. it is alleged that the respondent no. 2 was resident of adarsh colony rudrapur (udham singh nagar). it was alleged that the relations between the parties were cordial and the applicants generally used to visit the house of the respondent no. 2. it is alleged that the respondent no. 2 asked the applicants to sell a plot at faridabad, haryana. on 6-10-2002 the accused persons came at the residence of the complaint and asked the complainant to purchase plot no. 35 situated in sector 21 a area 1050 square yards at faridabad. on 8-10-2002 the complainant -respondent no. 2 went at faridabad and the accused persons went to show the plot. on 21-10-2002 the parties agreed to sell the plot for a consideration of rs. 20 lacs out of which a sum .....

Tag this Judgment!

Aug 31 2005 (HC)

Mohan Prasad and ors. Vs. State of Uttaranchal

Court : Uttaranchal

Decided on : Aug-31-2005

Reported in : 2(2006)DMC253

j.c.s. rawat, j.1. these two criminal appeals have been preferred against the common judgment and order dated 20.12.2001 passed by mr. r.k. sharma the then sessions judge, rudraprayag in s.t. no. 13 of 2001 and s.t. no. 25 of 2001 whereby the learned sesssions judge convicted and sentenced the appellant vlnod prasad to undergo r.i. for a period often years under section 304b, ipc, two years ri under section 498a, ipc and two years ri under section 201, ipc. each of the appellants mohan prasad, smt. basanti devi and km. seema were convicted and sentenced under section 498a, ipc to undergo one year ri and a fine of rs. 500 and they were also convicted and sentenced under section 201, ipc to undergo one year ri and a fine of rs. 500. in default of payment of fine each of the appellant to undergo additional two years s.i. all the sentences were ordered to run concurrently.2. the prosecution case, in brief, is that the marriage of smt. meena daughter of bhupendra prasad maithani (p.w.i) was solemnized on 18.4.2000 with the appellant vinod prasad according to hindu rites. after the marriage vinod prasad (husband), mohan prasad (father-in-law), smt. basanti devi (mother-in-law) and km. seema (sister-in-law) of the deceased meena started demanding disk tv. and 10 tolas of gold. when the above demand was not fulfilled they committed the murder of meena on 23.2.2001 who was pregnant. smt. meena was m.a. and was working as nurse in a centre at kanda. on 24.2.2001 at 1.00 p.m. a .....

Tag this Judgment!

Aug 10 2005 (HC)

Sarafat Vs. State of Uttaranchal

Court : Uttaranchal

Decided on : Aug-10-2005

Reported in : 2006CriLJ654

j.c.s. rawat, j.1. this a criminal appeal against the judgment and order dated 22-5-1984 passed by the 1st addl, sessions judge, nainital in s. t. no. 79/1982, whereby the accused persons, namely tara chand, sarafat-appellant and bhagwan dass were convicted under sections 366, 368, 376 i.p.c. and sentenced to undergo r. i. for a period of five years under each count. all the sentences would run concurrently.2. the prosecution case in a nutshell is that two prosecutrix, who had been residing with their guardians in village bagga no. 54, p.s. khatima, district nainital, went for collecting fuel woods on 23-2-1982 at about 12 noon. some other villagers including pooran masi (pw-4) also went in the jungle for the said purpose. when they were returning with the fuel woods forest clerk ram gopal checked them and detained others but released the said prosecutrix and instructed them not to come again in the jungle for collecting the fuel woods. when they proceeded a little ahead, they were caught hold of by the accused persons and dragged them into the jungle at the point of gun, tamancha and knife. in the night of 23-2-1982, the accused persons outraged their modesty. on 24-2-1982 and 25-2-1982 the prosecutrix were kept in the sugarcane field of village debipura and were ravished there also. in the morning of 26-2-1982 they saw some people of village debipura near sugarcane field they raised an alarm. thereafter, the villagers came to them and the accused persons escaped from there. .....

Tag this Judgment!

Apr 11 2005 (HC)

Kunj Bihari Vs. Special Judicial Magistrate Ii and ors.

Court : Uttaranchal

Decided on : Apr-11-2005

Reported in : 2005(2)AWC1363(UHC); (2005)2UPLBEC41

prafulla c. pant, j.1. by means of this writ petition, moved under article 226 read with article 227 of the constitution of india, the petitioner has sought writ in the nature of certiorari calling for the records and quashing of the impugned order dated 21.3.2005 (copy annexure-4 to the writ petition) passed by the special judicial magistrate, dehradun, in criminal complaint case no. 1242 of 2004, cantonment board v. kunj bihari.2. brief facts of the case as narrated in the writ petition are that the petitioner is owner of bus no. up-07/ j 8703, having stage carriage permit to ply the vehicle between dehradun and dakpathar. the road between dehradun and dakpathar is part of national highway no. 72. this national highway no. 72 (for brevity hereinafter nh-72) starts from rishikesh with terminal point at ambala. the said highway pass through dehradun, ponta sahib and nahan. nh-72 was notified as national highway vide notification dated 6.1.1999 and before that it was a state highway. on 21.12.2004, the executive officer, cantonment board, dehradun exercising its powers conferred under section 82 of the cantonment act, 1924 (act no. 2 of 1924) submitted a complaint against the petitioner before the court of special judicial magistrate, dehradun by issuing challan no. 13 for nonpayment of toll tax at premnagar barrier on 26.7.2004. the special judicial magistrate (respondent no. 1) registered the complaint case no. 1242 of 2004 on the basis of the challani report, against the .....

Tag this Judgment!

Aug 09 2005 (HC)

Arbinder Singh Vs. State of Uttaranchal

Court : Uttaranchal

Decided on : Aug-09-2005

Reported in : 2006CriLJ1021

j.c.s. rawat, j.1. these two criminal appeals were filed against the same judgment and order dated 13-3-1981 passed by sri m. c. jain the then ist addl. sessions judge, nainital in s.t. no. 295 of 1979, state v. arbinder singh and 5 ors., therefore, these two appeals are being disposed of by this common judgment. the learned addl. sessions judge convicted and sentenced the appellant arbinder singh to undergo r.i. for a period of four years under section 395, i.p.c. the learned trial court acquitted the co-accused, namely, munshi ram, amar chand, deewan chand, gopal chand and mugla ram.2. the prosecution case, in brief, is that on 5/6-7-1979 ranjeet singh rawat (p.w. 1) range officer of forest at ramnagar along with kirti singh bist (p.w. 2) forester, khushal singh (p.w. 3), forest guard and other forest personnel were on patrolling duty in the forest jungle. they stopped tractor no. usr 5958 driven by the appellant. munshi ram accused was sitting on the mudguard. munshi ram shot fire from the rifle. the remaining accused were sitting in the trolley. kirti singh bist (p.w. 2) snatched the rifle from munshi ram. the appellant was arrested on the spot while the other accused made their escape good. 25 logs of wood of the value of rs. 10.000/- were re-covered from the trolley. the appellant along with the recovered wood were brought to the office of the forest department and fard (ex. ka 2) was prepared in the office and the re-covered wood was given in the superdigi vide .....

Tag this Judgment!

Jul 25 2005 (HC)

Nasir Ahmad and anr. Vs. State of Uttaranchal

Court : Uttaranchal

Decided on : Jul-25-2005

Reported in : 2006CriLJ1640

j.c.s. rawat, j.1. this is a criminal appeal against the judgment and order dated 30-6-1984 passed by sri v.s. bajpai, the then addl. sessions judge (special judge), nainital in s.t. no. 173/1983, state v. nazir ahmad & ishrat ali, whereby the appellant no. 1. nasir ahmad and appellant no. 2 ishrat all were convicted and sentenced to undergo r.i. for a period of two years and to pay a fine of rs. 500 under section 324, ipc & 324/34, ipc respectively. in default of payment of fine, the appellants would further undergo r.i. for a period of six months.2. the prosecution case in a nutshell is that on 4-4-1982 ,at about 1 p.m. the injured om prakash was going on a cycle from his shop to his house. when he reached near the masjid in mohalla bansphoran, the front wheel of his cycle dashed the foot of the appellant-nasir ahmad. the appellant-nasir ahmad then pulled the complainant down from the cycle and started hurling abuses to him. the appellant-ishrat all caught hold of the hands of the injured from back and the appellant-nasir ahmad gave him a knife blow near the chest, due to which the complainant fell down on the ground and became unconscious. rajendra, ramesh chandra and babli had also reached there. then, the injured-om prakash was taken to civil hospital, kashipur by the brother of the injured i.e. ramesh chandra. thereafter, the complainant got written a report (ex. ka.2). the fir (ex. ka. 5) was lodged at the police station and entry to that effect was made in the g.d. ( .....

Tag this Judgment!

Jun 09 2005 (HC)

Oriental Insurance Co. Ltd. Vs. Banu Begum and anr.

Court : Uttaranchal

Decided on : Jun-09-2005

Reported in : 2007ACJ476

j.c.s. rawat, j.1. appeal no. 219 of 2003 has been preferred by the opposite party oriental insurance co. ltd. against the judgment and award dated 21.5.2003 passed by motor accidents claims tribunal/additional district judge, haldwani, district nainital in motor accident claim case no. 68 of 2002, by which the claim petition filed by the claimant has been allowed for compensation of rs. 95,000. it has further been ordered that the amount of compensation shall be paid by insurance company, opposite party no. 1, within a period of one month from the date of order, failing which claimant shall also be entitled to get interest at the rate of 9 per cent per annum from the date of application till the date of payment, whereas appeal no. 242 of 2003 has been preferred by the claimant-appellant against the same judgment and award for enhancement of the amount of award.2. brief facts giving rise to this appeal are that the deceased mohd. idrees, husband of the claimant was in the employment with sewa singh and was welder in the workshop owned by sewa singh. on 10.2.2002 at 5 p.m. the deceased was doing repair work in tanker no. up 08-1356. during the course of employment when the deceased was doing repair work, all of a sudden the said tanker exploded and due to explosion deceased mohd. idrees died on the spot after sustaining injuries. at the time of his death mohd. idrees was 30 years old and was getting rs. 4,200 per month as salary. opposite party nos. 1 and 2, insurance company .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //