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Dec 07 2012 (HC)

V.N. Singh Vs. C.B.i. Dehradun

Court : Uttaranchal

Prafulla C. Pant, J. This appeal, preferred under section 374 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 24.08.2000, passed by Special Judge, Anti Corruption, Dehradun, in C.B.I. case no. 4 of 1995, whereby said court has convicted accused/appellant V.N. Singh under section 7 and under section 13 (2) read with section 13(1)(d) of Prevention of Corruption Act, 1988 (for short P.C. Act). The accused V.N. Singh has been sentenced by the trial court to rigorous imprisonment for a period of one year and directed to pay fine of Rs.2,500/under section 7 and rigorous imprisonment for a period of two years and directed to pay fine of Rs.7,500/under section 13(2) read with section 13(1)(d) of P.C. Act, 1988. 2. Heard learned counsel for the parties and perused the lower court record. 3. Brief facts, of the case, are that accused/ appellant V.N. Singh was Dy. General Manager (Electrical) with Tehri Hydro Development Corporation, Bhag...

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Dec 07 2012 (HC)

Rajveer Singh Vs. Executive Officer, Nagar Panchayat Dineshpur and Ano ...

Court : Uttaranchal

Delay condonation application No. 13039 of 2012 is allowed. Rejoinder affidavit is taken on record. The writ petitioner has challenged the order of acceptance of resignation dated 14thNovember, 2005. Short fact of the case is as follows:- The petitioner at the relevant point of time was a Class-III employee of Nagar Panchayat Dineshpur, District Udham Singh Nagar. Under compelling circumstances, the petitioner had put in paper on 21stSeptember, 2004. I have seen the contents of the letter of resignation and it appears that he had put in paper because of humiliation and torture. It is also the case of the petitioner that two days thereafter on 23rd September, 2004, he had addressed a letter to the Chairman of the aforesaid body stating to withdraw the letter of resignation. In the said letter, it is alleged he had to resign because of the situation mentioned in the letter. Now, after being persuaded by many a people, he has decided to withdraw the letter of resignation. The petitioner t...

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Dec 06 2012 (HC)

Mohd. Tazim Vs. State of Uttarakhand and Others

Court : Uttaranchal

Having heard the learned counsel, it appears that on 8.2.2007, the police seized the vehicle being owned by the petitioner, which was found indulged in the forest crime while carrying a lot of sandalwood without any permission, and this way, the sandalwood was believed to be stolen from the forest. Learned Magistrate passed the order on 14.3.2007 whereby he released the vehicle in favour of petitioner. The said order dated 14.3.2007 was overturned by the Sessions Judge, U.S. Nagar vide the impugned order dated 24.4.2007. Assailing the same, the petitioner filed this petition and vide order dated 23.5.2007, this Court directed that the vehicle, if already released, shall not be taken back from the petitioner in pursuance of the order passed by the Sessions Judge. But on 20.11.2012, this petition was dismissed for want of prosecution thereby vacating the interim order. Now, the restoration application has been filed. Learned counsel has been heard on the restoration application, as also ...

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Dec 05 2012 (HC)

Usman Vs. State of Uttaranchal

Court : Uttaranchal

U.C. Dhyani, J. 1. One Smt. Nasreen w/o late Mushtaque wrote a complaint to SO, Police Station Jaspur, District Udham Singh Nagar on 02.01.2002 regarding the killing of her daughter Afsana. According to the informant, the accused-appellant Usman s/o Abdul Sattar, who used to manufacture the bodies of trucks near Afzalgarh Road, used to come near the informants house quite often. Informant was a widow. She had a daughter named Afsana. Usman used to tease and flirt with her daughter. A complaint was made to the family members of Usman in this respect. On 01.01.2002, when Afsana went to cut cattle grass and did not return by the evening, informant-mother made a search for her daughter. Informants neighbours PW 2 Ram Kishore and PW 3 Shakeel Ahmad told her in the morning of 02.01.2002 that when Afsana was cutting cattle grass on 01.01.2002 at 5:00 p.m., accused Usman followed her. On having made frantic search, the informant found the dead body of her daughter Afsana in the field situated ...

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Dec 04 2012 (HC)

Vikram Singh Negi Vs. District Magistrate Chamoli and Another

Court : Uttaranchal

By this writ petition, order of termination of services of petitioner dated 13th September, 2005 and order dated 13th September, 2005 intending to recover the excess payment are challenged. The fact, as it appears from the records, is as follows:- The petitioner was appointed as a Jeep Driver on 8th June, 1999 purely on a temporary basis. The letter of appointment is annexed with the petition as Annexure-1. The aforesaid letter of appointment clearly says that it is purely a temporary appointment, but the regular pay scale was granted. There is no dispute the aforesaid post of Jeep Driver is substantive one but the engagement of the petitioner was temporary. This was the status since beginning. However, in the year 2002, by an order dated 21st May, 2002, the aforesaid status of the petitioner was sought to be changed to that of daily rated Jeep Driver. The aforesaid order of change of status was challenged alongwith another driver in this Court. In that writ petition not only the order...

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Dec 04 2012 (HC)

State of Uttarakhand and Others Vs. Daya Ram

Court : Uttaranchal

Barin Ghosh, C. J. Oral: 1. We are not inclined to interfere with the judgment of the Tribunal in the instant case. We, accordingly, dismiss the writ petition. 2. In the instant case, facts, to which there is no dispute, are that the respondent was substantively appointed as Lekhpal and was working as such immediately before 22nd September, 2004. On 22nd September, 2004, an order was issued by the District Magistrate, Dehradun, whereby and under, it was stated that a Departmental Promotion Committee was constituted, which Committee made recommendation, having considered the entire service records of the respondent, that he may be permitted to serve in the post of Revenue Inspector. The order, further, provided that, in view of such recommendation, respondent is being transferred / promoted to the post of Revenue Inspector on temporary basis, which shall continue until training of Revenue Inspectors is made, or appointment of Revenue Inspectors, trained from Chief Revenue Commissioner, ...

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Dec 04 2012 (HC)

Prashant Kumar Dabral and Others Vs. Digvijay Singh and Another

Court : Uttaranchal

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...

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Dec 04 2012 (HC)

Hema Rawat Vs. State of Uttarakhand and Another

Court : Uttaranchal

1. Challenge in this petition is to the chargesheet submitted against the applicant Hema Rawat and her son Mohit Rawat for the offences under Section 193, 420 read with Section 120 B IPC on 23.1.2008 pertaining to Crime No. 405/2007 and also the order of cognizance dated 9.5.2008 passed pursuant to the said chargesheet. 2. Theme of the entire episode as emerging out from the FIR dated 29.6.2007 lodged by Anil Kanti under Section 307 IPC against unknown persons. During the investigation, complicity of Mr. Mohit Rawat was found as an assailant, who opened fire. He was arrested by the police. His juvenility was claimed by his mother stating his date of birth as 3.12.1989. As per the certificate of the Central Board of Secondary Education (CBSE) as well as the marksheet of the said board, his date of birth is 3.12.1989, so he was below 18 years and thus he was declared juvenile and granted bail by the Juvenile Justice Board. 3. Later on his granting bail was agitated by producing an admiss...

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Dec 03 2012 (HC)

State of Uttar Pradesh Vs. Anand Mani and Others

Court : Uttaranchal

Prafulla C. Pant, J. 1. This appeal, preferred under section 378 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 10.02.2000, passed by learned Sessions Judge, Pauri Garhwal, in Sessions Trial No. 32 of 1997, whereby said court has acquitted the accused/respondents Anand Mani and Purna Nand from the charge of offence punishable under section 498A/34 IPC, and under section 304B/34 IPC, and from the alternative charge of offence punishable under section 302/34 IPC. 2. Heard learned counsel for the State, learned Amicus Curiae for the respondents and perused the lower court record. 3. Prosecution story, in brief, is that accused/ respondent no. 1 Anand Mani got married to Kiran (deceased) in the intervening night of 9th and 10th of March, 1995. Customary dowry said to have been given in the marriage by the parents of the deceased but the accused/respondents were not satisfied with the dowry, and they used to make demand of dowry, an...

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Dec 03 2012 (HC)

M/S Variety Lubes, 2nd Floor, Kumar Tower Vs. the Manager, Vijaya Bank ...

Court : Uttaranchal

Sudhanshu Dhulia, J. (Oral) 1. The petitioner has admittedly taken a loan from respondent-Bank, namely, Vijaya Bank. In default of re-payment of the loan, the bank has declared the assets of the petitioner as N.P.A. i.e. Non Performing Assets and consequently initiated proceedings under Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (from hereinafter referred to as the Act). After issuance of the notice under Section 13 (2) of the Act, when the borrower i.e. the petitioner failed to avail his remedy under Section 13 (3A), proceedings have been initiated under Section 13 (4) and possession of the property measuring 200 sq. mts. situated at Shivalik Nagar, Haridwar, have been taken by the Bank. 2. A statement has been given to this effect by the counsel appearing for the respondent bank Mr. K.K. Sah that on 23.11.2012 when the interim order was passed directing the bank not to take any coercive measure, by that time...

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