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Judgment Search Results Home > Cases Phrase: mediation Sorted by: old Court: uttaranchal Year: 2012 Page 1 of about 12 results (0.003 seconds)

Dec 04 2012 (HC)

Prashant Kumar Dabral and Others Vs. Digvijay Singh and Another

Court : Uttaranchal

Decided on : Dec-04-2012

v.k. bist, j. this appeal has been filed by the plaintiff/ appellants against the order dated 03.03.2012 passed by addl. district judge/7th f.t.c., dehradun in original suit no. 223 of 2011 whereby the court below has dismissed the temporary injunction application paper no. 6c-2 moved by the plaintiff/appellants and the temporary injunction application paper no.25c-2 moved by the defendant/respondents. simultaneously, the order dated 27.07.2011 was set-aside whereby the parties were directed to maintain status-quo. 2. as per the plaint version, it revealed out that father of the appellants, namely, sri krishan was the owner of land total measuring .3840 hectares situate at mauja mothrowala, pargana parwadoon, tehsil sadar, district dehradun. his name was duly recorded in the revenue records. the plaintiff/ appellants are the sons of sri krishan. the name of the father of the appellants continued to be recorded in the revenue records but after his death, the appellants could not get the same muted in their names. it is asserted that somehow, while forwarding the entries in the khatauni of the subsequent years, the name of the father of the appellants, namely sri krishan s/o sri gopi ram, got changed to sri srishan s/o gopal. it is asserted that this change in the revenue record was purely a clerical mistake at the hands of revenue authorities. it is further asserted that some person impersonating himself to be the said sri krishan (father of the appellants) had sold the land .....

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Jan 05 2012 (HC)

Praveen Pradhan Vs. State of Uttaranchal and Others

Court : Uttaranchal

Decided on : Jan-05-2012

Reported in : 2012CrLJ1425

1. by means of filing this petition u/s 482 cr.p.c., the prayer has been made to quash the charge-sheet no.208/05 and the order of cognizance dated 28.4.2006, passed thereupon by learned chief judicial magistrate, haridwar. the said charge-sheet is the result of investigation on the basis of fir no.285 of 2005 (crime no.258/05), pertaining to p.s. ranipur, haridwar. 2. in brief, the facts are that a first information report was lodged by respondent no.3 ambrish singh s/o dharampal singh, who is the brother of deceased anurag singh. the deceased was an engineer, posted in hindustan lever factory based at roshnabad (haridwar) and used to reside in a rented accommodation in the close vicinity of the factory. the said factory was being run under the supervision of its manager sri praveen pradhan (present petitioner). the petitioner forced the deceased for some wrong doings, wherefor sri anurag singh was not prepared. on account of failure of sri anurag singh to bow down to the illegal demands of sri pradhan, the latter used to insult and disgrace the deceased in front of entire factory staff. this humiliation was brought into the notice by sri anurag singh to his family members, informing that sri praveen pradhan has severely insulted him by hurling filthy abuses, nay he uttered that he (anurag singh) is a useless person. petitioner also spoke to sri anurag singh that had there been any other person in his place, he would have died by hanging himself. lastly, sri anurag singh .....

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Feb 24 2012 (HC)

Sher Singh and Another Vs. State of Uttaranchal

Court : Uttaranchal

Decided on : Feb-24-2012

u.c. dhyani, j. 1. criminal law was set into motion at the instance of sunder singh s/o jodh singh villager sartola, tehsil gangolihaat, district pithoragarh in the instant case. he wrote a complaint (ext.ka-2) on 16.08.1999 enumerating the facts therein that on 16.08.1999 at 11:30 a.m. informants father jodh singh had altercation with appellant bhim singh over jointness of courtyard. another appellant sher singh who was father of appellant bhim singh came from the forest in the meanwhile. sher singh tried to inflict blow of lathi on jodh singh but was saved by his (informants son) sunder singh. after some time bhim singh again came to informants courtyard, caught hold of hands of jodh singh and put knife on his neck. appellant sher singh came running in the courtyard along with a lathi (stick) and gave a blow of stick on head of jodh singh, who became unconscious and fell on the ground. sher singh gave another blow of lathi on jodh singh. sher singh and bhim singh beat jodh singh with fist and feet. when informants mother bent on informants father in order to save him, only then they stopped beating him. informant and his mother got perturbed and went to villagers to apprise them about the incident. fellow villager narayan singh came there. informants father (victim) who was bleeding profusely was taken to garai hospital by jeep where doctor provided him first aid and advised them to go to district hospital, almora. victim was taken to district hospital, almora. 2. on .....

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Apr 26 2012 (HC)

Jagdish Singh Tanwal and Others Vs. State of Uttarakhand

Court : Uttaranchal

Decided on : Apr-26-2012

u.c. dhyani, j. 1. in the instant case, two complaints were filed. in the first complaint, injured pramod kumars name was missing. it was lodged at the behest of bahadur ram tamta, who happened to be uncle of deceased dayal kumar s/o anand prasad r/o village kaligad, district bageshwar. the occurrence took place on 20.03.2008 at kafligair and fir was lodged on the same day at 7:10 p.m. the distance between place of occurrence and p.s. kotwali bageshwar was 35 kms and hence there appeared to be no delay in lodging fir (ext.ka-7). 2. it was written in the first complaint that dayal kumar s/o anand prasad died because of beating by police. dayal kumar had been to kafligair on 20.03.2008. drunken policemen beat dayal kumar so much that the same resulted into his death. police administration of p.s. jhiroli was responsible for the same. dayal kumar was a member of scheduled caste community. dayal kumars father was an ex-serviceman who fought bangladesh war and was 80 percent disabled. 3. second complaint was lodged by injured pramod kumar. he gave a complaint (ext.ka-25) in writing on 22.03.2008. according to him, when he along with victim dayal kumar tamta reached kafligair at around 2-2 p.m. then harish singh adhikari follower gave him a slap on his face. (follower is a word generally used for a class iv employee of the police department who prepares meals for the police personnel in police station or police line). 3-4 policemen beat him with lathis. victim dayal kumar .....

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May 08 2012 (HC)

Diwan Singh and Another Vs. State of Uttaranchal

Court : Uttaranchal

Decided on : May-08-2012

u.c. dhyani, j. 1. criminal law was set into motion at the instance of kishan singh s/o kheem singh, resident of village chamali pattti chamali, district pithoragarh in the instant case. he (kishan singh) wrote a complaint (ext. ka-1) on 02.08.1999 enumerating the facts therein that his daughter neela devi was married to hanuman singh son of diwan singh resident of village chhanaula about 4-5 years ago according to hindu rites and rituals. informant kishan singh who was unfortunate father of the victim, was serving in a private organization in delhi. on 25.07.1999 he received a telephonic call that his daughter was dead. his son-in-law hanuman singh was also serving in new delhi. when father and husband of deceased came back, they first went to the matrimonial house of the deceased (husbands house). when enquired from victims in-laws they gave casual reply regarding the death of victim. thereafter the informant went back to his home. he came to know that his daughter was killed on 24.07.1999. he also came to know that on 25.07.1999 informants younger brother gokul singh and others went to victims matrimonial home along with other persons. they found that neela devis dead body was kept in a courtyard. blood was oozing out from her mouth and there was ligature mark on her neck. on being enquired as to how the victim died, her father-in-law diwan singh said, so many persons have died in kargil, so has she. on being enquired regarding whereabouts of patwari and village .....

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Jul 16 2012 (HC)

Amarmani Tripathi and Others Vs. State (Through Cbi) and Others

Court : Uttaranchal

Decided on : Jul-16-2012

barin ghosh, c.j. by the judgment dated 24th october, 2007, challenged in these appeals and in the revision, amarmani tripathi (hereinafter referred to as ??a1), madhumani tripathi (hereinafter referred to as ??a2), rohit chaturvedi (hereinafter referred to as ??a3) and santosh kumar rai (hereinafter referred to as ??a4) have been convicted and sentenced, and prakash chandra pandey (hereinafter referred to as ??a5) has been acquitted, by the special judge / sessions judge, dehradun. 2. a1, a2, a3, a4 and a5, and also sri yagya narayan dixit (hereinafter referred to as the deceased accused, in short ??da), who died in course of trial, were charged for various offences punishable under the indian penal code (ipc) in connection with murder of madhumita shukla (victim). 3. a1 was charged under section 201 of ipc on the ground that he tried to destroy the evidence of murder by trying to destroy the foetus of the victim. a1 was also charged under section 342 of ipc for wrongfully confining rishi khare (pw58) on 10th may, 2003 at the residence of a1 situate at c-2, lawrence terrace, hazratganj, lucknow, with active connivance of da. a1 was further charged under section 506 of ipc for threatening pw58 with dire consequences, with active connivance of da, on 10th may, 2003 at the afore-mentioned residence of a1 for not supporting wedding of the victim with anuj mishra (pw60). 4. a1, a2 and a3 were charged under section 120b, read with section 302 of ipc, for entering into criminal .....

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Jul 24 2012 (HC)

Govind Singh and Others Vs. State of Uttaranchal

Court : Uttaranchal

Decided on : Jul-24-2012

u.c. dhyani, j. 1. in the present criminal appeal, criminal law was set into motion at the instance of informant bhagat singh aswal, brother of the deceased. in his complaint (ext. ka-5) submitted to sub divisional magistrate, kotdwar on 26.08.1995, the informant stated that he was working as rifleman in the indian army and was a resident of village jamal (dabralsuin). it was also stated that his sister was married to yogambar singh s/o govind singh, resident of village teel (bhawansi), post bhawansi, patti ajmer (valla) in the month of april 1993 according to hindu rites and rituals. it was alleged that one year after her marriage, the sister of the informant was subjected to cruelty by her in-laws for non-fulfillment of demand of dowry and ultimately his sister was told to bring rs. 50,000/- from her parents and brother. the informant in his complaint stated that being a soldier he could not afford to fulfill such a huge demand and as a result, his sister was done away with on 14.07.1995. his father was forced to put his signatures on some papers under compulsion. dead body of his sister was cremated on 15.07.1995 by 17 persons without obtaining medical report. the delay in lodging the complaint was also explained by the informant saying that he received the news one month later during his posting at border area and he could reach the village on 20th august only to know from his parents that his sister was done away with for demand of dowry. 2. on the basis of said .....

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Aug 09 2012 (HC)

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 took place between them. many a people assembled there. at 07:00 p.m., appellant inflicted two blows of axe on the head of victim in the verandah of their house. victim somehow managed to come to the courtyard of their house and died immediately. appellant fled away with the axe. first information report was lodged within time. 3. the investigation started. when the same concluded, a charge sheet for the offence punishable under section 302 ipc was submitted against the appellant. when trial .....

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Aug 14 2012 (HC)

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 permission to contest the election on the post of gram pradhan of gram panchayat dhabsorh, block bhilingana, district tehri garhwal. the educational institution granted the permission, on the basis of which, the petitioner contested the election and was elected as a gram pradhan. on 14th october, 2009, the state govt. issued a government order granting aid to the institution where the petitioner was working as a junior clerk. as a result of the grant-in-aid being provided to the educational .....

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Sep 04 2012 (HC)

Smt. Tarsem Kaur and Others Vs. State of Uttaranchal

Court : Uttaranchal

Decided on : Sep-04-2012

oral: (barin ghosh, c.j.) the appellants, in the instant case, are the mother-in-law, elder brother-in-law and elder sister-in-law of the victim. the first information report, in the instant case, was lodged by the victim herself. each of the appellants herein has been convicted for offences punishable under sections 304b and 498a of the indian penal code and also section 3/4 of dowry prohibition act. on the first information report, the fingerprint of the victim has been affixed. the first information report was proved in course of trial and was exhibited by the investigating officer. he was cross-examined at length, but it was not suggested that the fingerprint appearing on the first information report is not that of the victim. 2. in the first information report, it was alleged that the appellants forced her to consume sulphos (aluminum phosphide), because she and her paternal family had not be able to meet certain dowry demands, as were put forward by the appellants. the investigating officer, while conducting investigation pursuant to the first information report, recorded the statement of the husband of the victim under section 161 of the code of criminal procedure, when the husband held out that he was away alongwith his father to the fieldand when he returned, he found that the victim is alone in the house and she was not well and, as such, he had taken the victim to the hospital. according to the records of the hospital, victim was admitted in the hospital around 8 o .....

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