Allahabad Court July 1998 Judgments
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Dr. Ram Roop Shukla Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-20-1998
Reported in: (1998)3UPLBEC1632
Dev Kant Trivedi, J.1. By means of this writ petition, the petitioner Dr. Ram Roop Shukla has prayer for quashing of the order dated 2.11.1997 passed by the Director of Higher Education an the basis of which the Manager respondent No. 5 issued an order appointing the respondent No. 6 Dr. Ramacharya Misra as the Principal of Nagrik Degree College, Janghai (hereinafter referred to as the College).2. The case of the petitioner is that on a permanent post of Principal in the College, the petitioner was appointed on ad hoc basis for the period till any regularly selected candidate is selected by the Higher Education Service Commission and joins the post. The petitioner claimed benefit of regularisation of service in terms of the Clause 31 (C) of Higher Education Service Commission and has also filed a writ petition No. 33441 of 1992 which was decided on 24.10.1997 wherein it was held that the benefits of regularisation as the Principal was not available. The respondent No. 4, Higher Educati...
Maqsood Mian and anr. Vs. Rukhsana Tazeem and anr.
Court: Allahabad
Decided on: Jul-20-1998
Reported in: I(1999)DMC686
S.K. Phaujdar, J.1. The present application under Section 482, Criminal Procedure Code has been filed for quashing the proceedings of a Complaint Case No. 1068 of 1993 pending in the Court of 3rd ACJM, Moradabad, for an offence under Section 406, Indian Penal Code. The complaint was filed by one Rukhsana Tazeem, wife of Asim Maqsood with allegations that at the time of her marriage she was presented with valuable dowry by her parents and relatives which were her streedhan. These valuables were kept in the custody of the accused persons and they had refused to part with them on demand. An objection was taken that under the Muslim Law there is no concept of streedhan and, moreso, the complaint did not speak of entrustment and, as such, no element for the offence under Section 406, Indian Penal Code was made out.2. The learned Counsel relied on a decision of the Supreme Court, as reported in 1997 Supreme Court Crl. Rulings at page 37. In this decision a complaint for breach of trust was q...
Deen Dayal Gupta and anr. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Jul-20-1998
Reported in: 1999CriLJ299
ORDERS.K. Phaujdar, J.1. The applicants have invoked the powers of this Court under Section 482, Cr. P.C. for quashing an order dated 19-3-1998 recorded by the VII Additional Sessions Judge, Varanasi, in Criminal Appeal No. 235 of 1984, now pending before him. The present respondent No. 2 faced a prosecution under Sections 457/380 and 411, I.P.C. and was convicted for offences under Sections 457/380, I.P.C. and was sentenced to R. I. for two years. The articles, that were said to have been recovered during investigation were lying in the custody of the present two applicants and the Trial Court, by its judgment dated 3-9-1984, directed that the same be returned to the accused-respondent only after disposal of the appeal and during pendency of the appeal it should remain in the custody of the complainant. This judgment was challenged both in Criminal Appeal No. 265 of 1984 and in Criminal Revision No. 232 of 1984. These appeal and revision are both pending before the VII Additional Sess...
Surya NaraIn and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-20-1998
Reported in: 1999CriLJ496
ORDERS.K. Phaujdar, J.1. The present application raises certain interesting questions of law. The three petitioners were granted bail by the CJM, Jaunpur in a criminal case which was registered for an offence under Section 394, IPC. Aggrieved with the order granting bail to them, the complainant (present respondent No. 3) moved the Sessions Judge, Jaunpur in Application No. 28 of 1996 for cancellation of the bail order recorded in Cri. Case No. 253 of 1994. The learned Sessions Judge by his order dated 1-5-1998 accepted the prayer and cancelled the bail order recorded by the CJM in favour of the present three applicants. The CJM, Jaunpur, was directed to ensure the presence of the accused persons through process of law. This order is under callenges in the present application.2. It was contended on behalf of the applicants that bail once granted could not have been cancelled except for proven misuse of the privilege and it was further indicated that an earlier application for cancellat...
Maqsood MaIn and anr. Vs. Rukhsana Tazeem and anr.
Court: Allahabad
Decided on: Jul-20-1998
Reported in: 1999CriLJ681
ORDERS.K. Phaujdar, J.1. The present application under Section 482, Cr.P.C. has been filed for quashing the proceedings of a complaint case No. 1068 of 1993 pending in the Court of 3rd ACJM, Moradabad, for an offence under Section 406, IPC. The complaint was filed by one Rukhsana Tazeem, wife of Asim Maqsood with allegations that at the time of her marriage she was presented with valuable dowry by her parents and relatives which were her streedhan. These valuables were kept in the custody of the accused persons and they had refused to part with them on demand. An objection was taken that under the Muslim law there is no concept of streedhan and, more so, the complaint did not speak of entrustment and, as such, no element for the offence under Section 406, IPC was made out.2. The. learned Counsel relied on a decision of the Supreme Court, as reported in 1997 SC Cri R 37 : 1996 Cri LJ 3501. In this decision a complaint for breach of trust was quashed on the ground that the dispute was ba...
Prithvi Raj Singh Tomar Vs. Additional Chief Judicial Magistrate and o ...
Court: Allahabad
Decided on: Jul-20-1998
Reported in: 1999CriLJ1358
ORDERS.K. Phaujdar, J.1. The matter was heard on 15-7-1998.2. The petitioner has challenged an order dated 12-6-1998 recorded by the Addl. CJM, Meerut in Complaint Case No. 116 of 1998 and had prayed for quashing the order whereby the Magistrate had directed registration of an FIR and investigation.3. The complaint/application was filed by one Pradeep Kumar against the present applicant making allegations against certain police officials including the present applicant to the effect that they had unlawfully entered into the house of the complainant looted away his properties and had misbehaved with the woman folk in the house. It was urged by the learned counsel for the applicant that the applicant is a responsible and honest police officer and, in fact, there had been an FIR in the concerned police station on 10-5-1998 for an offence under Section 394, IPC and actions were taken in an investigation into the allegations made in that FIR. It was argued that the Court below could not hav...
Mukhtar Ali Vs. Judge, Family Court and anr.
Court: Allahabad
Decided on: Jul-20-1998
Reported in: 1(1999)CCR321
ORDERS.K. Phaujdar, J.1. The applicant has invoked the power under Section 482, Cr. P.C. of this' Court to quash an order dated 28-10-1997 recorded by the Judge of the Family Court at Allahabad in a proceeding in case No. 73 of 1995 under Section 125, Cr. P.C. Through the impugned order the learned Court below had directed payment of interim maintenance by the applicant to Kishwari Begum and two minor girls, viz. Zarina and Rubina. When told that an interim order for maintenance could be challenged in a criminal revision under Section 397, Cr. PC., the learned counsel submitted that the order was an interlocutory order and hence not open to revision. This view, in my opinion, is not correct. A distinction must be made between an interlocutory order and an interim order passed at an interlocutory stage. Section 397, Cr. P.C. bars exercise of power of revision in relation to interlocutory orders passed in any appeal, enquiry, trial or other proceeding. This expression 'interlocutory orde...
Smt. Pragya Jaiswal Vs. Shiv Prasad Yadav and Another
Court: Allahabad
Decided on: Jul-16-1998
Reported in: 1999(1)AWC807
Dev Kant Trivedi, J.1. Heard Sri A. N. Srivastava, Advocate, learned counsel for the petilioner, Sri Janardan Singh, learned A. G. A. on this habeas corpus petition. Also heard Sri S, C. Sitapuri, Advocate for opposite parly No. 2.2. Sri Prabhat Kumar, Superintendent of Police, Kheri is present in person. Opposite party No. 1 S.I. Shiv Prasad Yadav, the Investigating Officer of case Crime No. 196/98 registered at police station. Kotwali, Kheri is also present in person and so also constable Jai Jai Ram is present in person in pursuance of the orders of this Court passed on 9.7.1998.3. G. D. from 23rd May, 1998 to 3rd June. 1998. has also been produced as directed by this Court.4. Constable Jai Jai Ram has been examined on oath. His statement has been recorded on separate sheet wherein he has denied the allegation of misbehaviour with the petitioner.5. By means of the present writ petition filed by Ratnesh Kumar acting as next friend of Pragya Jaiswal, opposite parties S. P. Yadav. Sub-...
Dal Singh Yadav Vs. State Government and Others
Court: Allahabad
Decided on: Jul-16-1998
Reported in: 1998(2)AWC1595
Binod Kumar Roy and R. K. Mahajan, JJ.1. The petitioner has come up with following prayers : (i) to Issue a writ, order or direction in the nature of mandamus commanding the respondents not to enforce U. P. Act No. XIX of 1998 ; (ii) to declare the said Act to be ultra vires as it contravenes the fundamental right of the petitioners and is against the spirit of the co-operative movement ; and (iii) to call for the records and direct the respondents to produce Order dated 10/11.7.1998 passed by the Registrar, Co-operative Societies, U. P., Lucknow appointing the District Magistrate, Shahjahanpur as Administrator of the Distract Co-operative Bank Limited, Shahjahanpur.2. The petitioner is Director/Member, Board of Directors of the Committee of the Management of the District Co-operative Bank Ltd., Shahjahanpur whose term is going to expire on May 10, 1999. He asserts that when the B.J.P. found that their party members have not succeeded in the election of the Co-operative Societies, it b...
Sarnam Singh, Iiird Additional District Judge, Aligarh Vs. High Court ...
Court: Allahabad
Decided on: Jul-16-1998
Reported in: 1998(3)AWC1666; (1998)3UPLBEC1640
R. K. Mahajan, J.1. This writ petition is directed for quashing the annual character roll entry given by Hon'ble Mr. Justice R. B. Mehrotra I.J. on 16.7.1996. The second prayer made is for issuance of a writ of mandamus directing the respondents to consider the petitioner's case for selection grade from the due date and for his continuance in service till the age of 60 years uninfluenced by adverse remarks. A writ of certiorari has also been sought for quashing the order dated 12.11.1997 passed by the State of U. P. compulsorlly retiring the petitioner from service and to reinstate the petitioner with all consequential benefits.2. In this writ petition, the interesting question of law Involved for determination by Judicial verdict is whether the petitioner who Joined the Higher Judicial Service on 23.4.1984 and whose integrity was beyond doubt according to him and judicial work was good as nothing adverse was communicated to him, all of a sudden on visit of Hon'ble Inspecting Judge Inc...
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