Allahabad Court July 1999 Judgments
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Abdul Haq and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Jul-28-1999
Reported in: 2000CriLJ885
M.C. Jain, J. 1. This Criminal Appeal is directed by the four accused/appellants, namely, Abdul Haq, Sharafat Ali, Saeed Ahmad and Ansar against the judgment and order dated 28-3-1980 passed by Sri K. P. Sinha, VI Addl. Sessions Judge, Fatehpur in S.T. No. 152 of 1979. There was one another accused Kamaluddin who has been acquitted by the learned Addl. Sessions Judge, Fatehpur. Each of them has been convicted for the offences punishable under Sections 302/34 and 307/34, IPC and sentenced to life imprisonment under Section 302/ 34, IPC and ten years' rigorous imprisonment under Section 307/34, IPC. Both the sentences have been ordered to run concurrently.2. The life of one Niaz Ahmad was cut short in the incident on 12-9-1978 at about 8'30 a.m. and a girl Ahmadunnisan sustained gun shot injuries, The genesis of prosecution case is the written FIR lodged as P.S. Khakhreru, District Fatehpur by Kabool Alumad on 12-9-78 at 11 a.m. He is the brother of deceased Niaz Ahmad and father of the ...
Ravindra Singh and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Jul-28-1999
Reported in: 2000CriLJ63
U.S. Tripathi, J. 1. The above appellants have preferred this appeal against judgment and order dated 16-7-1980 passed by IInd Additional Sessions Judge, Jalaun at Orai in Sessions Trial No. 150 of 1979 convicting the appellant Ravindra Singh under Section 302, I.P.C. and sentencing him to imprisonment for life and convicting appellant Damodar under Section 302, I.P.C. read with Section 34, I.P.C. and sentencing him to imprisonment for life.2. The prosecution story briefly stated is that Guru Narayan, deceased (70) was husband of Smt. Shakuntla Devi, (P.W. 3) and at the time of occurrence was residing in Mohalla Shiv Puri, P. S. Kotwali, Orai district Jalaun. Prior to three years of the occurrence, Brijendra Kumar, son of the deceased was murdered in which appellant Ravindra Singh and one Surendra, cousin brother of appellant Damodar were convicted to imprisonment for life. The appellant Ravindra Singh preferred an appeal in this Court and was granted bail. At the time of occurrence of...
State of U. P. Vs. Presiding Officer, Industrial Tribunal (V), Meerut ...
Court: Allahabad
Decided on: Jul-27-1999
Reported in: 1999(3)AWC2606
FACTS Yatindra Singh, J. 1. Sri Bhim Singh, (the contesting respondent) was working as English Typist in the Irrigation Department of the State of Uttar Pradesh (the petitioner). He was not permitted to work after 29.2.1992 and he raised an industrial dispute, which was referred to the Labour Court under U. P. Industrial Disputes Act. 1947 (the State Act for short). According to the contesting respondent, he was appointed on 25.6.1986 and was continued in service and was Illegally not permitted to work from 29.2.1992. The petitioner says that : the contesting respondent was given a fixed term appointment : he was appointed till 29.2.1992 on ad hoc basis and after expiry of that period, his services came to an end ; it is not a retrenchment ; and there is no illegality in terminating the services. The Labour Court has held that :1. the contesting respondent had started working from 25.6.1986 (though there were some breaks) ; 2. the contesting respondent has been retrenched withoutofferi...
U.P. Public Works Department (irrigation Branch) Tube-well Technical E ...
Court: Allahabad
Decided on: Jul-27-1999
Reported in: 1999(4)AWC2773; (1999)3UPLBEC1882
D. K. Seth, J.1. In this writ petition the Association have claimed that the Mistri employed in the U. P, Irrigation Research Institute, Roorkee. should be eligible for being promoted on similar terms on which such benefits are accorded to their counterparts in the department placed outside Irrigation Research Institute. This writ petition has been taken up along with Writ Petition No. 25611 of 1996. Only one counter-affidavit has been filed. In the said counter-affidavit, it has been pointed out in paragraph 17 that such Mistris are entitled to next pay scale after completing 6 years of service in termsof Government Order dated 3rd June, 1989 and selection grade scale after completion of 16 years of regular service. Thus, there are provisions for promotion available to these persons by means of grant of next higher scale on two stages. Then again. there are scope of promotion to the post of Junior Engineer in terms of the U. P. Irrigation Department Junior Engineer Service Rules. 1992...
Buddhi Sagar Vs. U.P. State Bridge Corporation Ltd. and Others
Court: Allahabad
Decided on: Jul-27-1999
Reported in: 1999(4)AWC2842; (1999)3UPLBEC1885
D.K. Seth, J.1. The petitioner was initially engaged on daily wage basis as Baildar. Subsequently his designation was changed and he was asked to perform the job of Helper. It is contended by learned counsel for the petitioner Mr. Anand Kumar that the petitioner has since been posted as Baildar once again by the impugned order contained in Annexure-1 to the writ petition. According to him, this order is an order of reversion since the post of Helper is a post higher than that of the Baildar. Initially he contended that it is a promotional post when his attention was drawn to paragraph 7 of the writ petition, he admitted that the scale of Baildar and Helper is identical, viz.. Rs. 750-940 but the Helper enjoys certain privileges which are not available to the Baildar. According to him, this additional privilege enjoyed by the Helper makes the post of Helper higher than that of the Baildar and that is why he used the expression promotion. However, according to him the petitioner could no...
Sita Ram Vs. Executive Engineer, Irrigation and Others
Court: Allahabad
Decided on: Jul-27-1999
Reported in: 1999(4)AWC2959; (1999)3UPLBEC2095
V. M. Sahai, J.1. The petitioner was appointed as Beldar on 1.10.69. He continued to work without any break in service on fixed salary of Rs. 1,675 p.m. He worked continuously till 30.6.94. The Executive Engineer. Irrigation, Division (1st), Deoria. byorder dated 29.6.94 terminated the services of the petitioner treating him to be a temporary employee under the U. P. Temporary Government Servants (Termination of Services) Rules. 1975 (in brief rules). The petitioner challenged the order dated 29.6.94 by means of the present writ petition.2. The respondents have filed counter-affidavit wherein it was stated that the petitioner was appointed on temporary basis. The work of the petitioner was unsatisfactory which has been marked in his character roll. The petitioner was work charge Beldar and there is no requirement for continuing the petitioner as the work is over. The services of the petitioner was rightly terminated under the rules.3. 1 have heard Shri H. K. Misra learned counsel for t...
Shakeel Alias Pappoo and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Jul-27-1999
Reported in: 2000CriLJ153
B.K. Sharma, J. 1. This is an appeal against the judgment and order dated 17th October, 1980, passed by Sri Jaswant Singh, the then III Additional Sessions Judge, Bijnor in S.T. No. 122 of 1980, State v. Shakeel alias Pappu and Smt. Asghari whereby he convicted the accused appellant Shakeel of the offence under Section 366, I.P.C. and sentenced him to undergo rigorous imprisonment for a period of one year and convicted Smt. Asghari of the offence under Section 368, I.P.C. but instead of sending her to jail released her on probation for a period of one year.2. The prosecution story was that Km. Jannati prosecutrix d/o Gulam Nabi informant of this case was aged 14 years on the date of the occurrence, that on 21-3-79, Gularn Nabi was away from the house and Alijan and Babu real brothers of the prosecutrix were employed in a crusher at Nagina and her mother was also not present at the house and had gone to another house, that at about 11.00 a.m. prosecutrix was going to see her tarseem fie...
Devendra Kumar Gaur Vs. Executive Engineer, Minor Irrigation Division ...
Court: Allahabad
Decided on: Jul-27-1999
Reported in: (1999)2UPLBEC1631
O.P. Garg, J.1. Heard Sri Mahesh Gautam, learned Counsel for the petitioner as well as learned Standing Counsel. The petitioner is an Assistant Boreing Technician in the Department of Minor Irrigation, U.P. He was placed under suspension by order dated 7-7-1999 on account of his involvement in the criminal case under Sections 120B, 467, 468 and 471 IPC and the fact that he was detained in custody for a period of more than 48 hours. It was urged that the petitioner has since been released on bail by the learned Sessions Judge, Bulandshahr by order dated 23-6-1999. Besides the petitioner, a number of other employees were suspended. Learned Counsel for the petitioner pointed out that the suspension order does not even faintly or remotely suggests that a departmental enquiry is contemplated against the petitioner. According to learned Counsel for the petitioner, it is not known how long the criminal proceedings will take to conclude and in view of the decisions of this Court reported in Ja...
State of U.P. Vs. Rajendra Singh Chaudhary, Advocate
Court: Allahabad
Decided on: Jul-27-1999
Reported in: 2000CriLJ919; (1999)3UPLBEC2054
Ravi S. Dhavan and B. Dikshit, JJ.1. The District Judge, Ghaziabad, has made a reference to the High Court on the basis of the report submitted by A. K. Singh Xth Additional Chief Judicial Magistrate, Ghaziabad, for drawing proceedings against one Rajendra Singh Chaudhary, Advocate who on 26-11-1997 at about 2 p.m. under intoxication had entered and remained in the Court of Xth Additional Chief Judicial Magistrate, Ghaziabad and was lying on a Bench in the Court room. The report mentions that the aforesaid Rajendra Singh Chaudhary Advocate was drunk. He was vomiting in the Court. He was asked to leave the Court which he did not do. In the Court room a number of litigants and advocates were present. The aforesaid Rajendra Singh Chaudhary, Advocate was, the report mentions, rambling under intoxication. The record also mentions that he was spitting all over in Court.2. The Xth Additional Chief Judicial Magistrate brought this matter to the notice of his colleagues in the neighbouring Cour...
Nazar Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-27-1999
Reported in: 2000CriLJ161
ORDERBhagwan Din, J. 1. On being convicted by the Judicial Magistrate 1st Class, Bijnor under Sections 7/16 of the Prevention of Food Adulteration Act (hereinafter called 'Act') and sentenced to 6 months' R.I. and to a fine of Rs. 1,000/-, the present revisionist, Nazar preferred an appeal before the Sessions Judge, Bijnor which was ultimately heard and disposed of by IVth Addl. Sessions Judge, Bijnor. The appellate Court dismissed the appeal by order dated 18-4-1983 confirming the order of conviction and sentence passed by the trial Court. Hence, the present revision, challenging the legality and propriety of the order of conviction passed by the trial Court and also the order made by the appellate Court dismissing the appeal.2. For appreciation of the submissions of Sri R. B. Sexena, holding brief of Sri G.C. Saxena, learned counsel appearing for the revisionist and of the learned A.G.A. and also to arrive at the correct decision, the relevant facts are given hereunder.3. Sri Somendr...
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