Allahabad Court February 2000 Judgments
Suresh and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Feb-23-2000
Reported in: 2000CriLJ2792
M.C. Jain, J.1. Criminal Appeal No. 2 of 1998 has been preferred by the accused-appellants Suresh and Ramji against the judgment and order dated 19-12-1997 passed by Sri U.S. Tripathi, the then Sessions Judge, Varanasi in Sessions Trial No. 58 of 1997. Pavitri Devi wife of Suresh is the appellant of Criminal Appeal No. 18 of 1998. The accused-appellants Suresh and Ram Ji have been convicted under Section 302, IPC, 307, IPC and 449, IPC. Death sentence has been awarded to each on them under Section 302, IPC, seven years rigorous imprisonment under Section 307, IPC and five years rigorous imprisonment under Section 449, IPC. The accused-appellant Pavitri Devi has been sentenced under Section 302, IPC read with Section 34, IPC and 307, IPC read with Section 34, IPC. She has been sentenced to life imprisonment under Section 302, IPC read with Section 34, IPC and five years' rigorous imprisonment under Section 307, IPC with a direction that both the substantive sentences would run concurren...
Tag this Judgment!Hori Lal Vs. State
Court: Allahabad
Decided on: Feb-23-2000
Reported in: 2000CriLJ3804
J.C. Gupta, J.1. The appellant named above has preferred this appeal against the judgment and order dated 20-5-1980 passed by Sri I.P. Singh the then III Additional Sessions Judge, Etah convicting and sentencing the appellant to one year R.I. under Section 147, I.P.C. and to life imprisonment under Section 302 read with Section 149, I.P.C. The appellant has further been sentenced to four years R.I. under Section 307, I.P.C. read with Section 149, I.P.C. All sentences are to run concurrently.2. The prosecution case in brief is that in the night of 23-3-1979 Ram Dev PW-1, his father Ram Prakash the deceased and other family members were sleeping in their house situated in village Lauraiya within the area of police station Patiali. At about 11 p.m. 15-16 dacoits raided their house. Deceased Ram Prakash somehow woke up and challenged the dacoits whereupon the dacoits fired upon him. Ram Prakash returned the fire towards the dacoits with his licensed gun. In return further firing made by th...
Tag this Judgment!Mohd. Akhtar Vs. Ashok Singhal
Court: Allahabad
Decided on: Feb-23-2000
Reported in: 2000CriLJ3885
ORDER1. The Office has put up this Civil Misc. Contempt Application, though wrongly thinking that it is a Tied Up/Part Head matter of one of us (Binod Kumar Roy, J.).2. Be that as it may, since this case has been placed before our Bench vide the list published under the Authority of the Hon'ble Chief Justice, we proceed to consider it.3. With reference to the News Items published in an English Daily Newspaper, Northern India Patrika, 18th June, 1998 as contained in Annexure 2, and a Hindi Newspaper, Dainik Jagran, 24th January, 2000, as contained in Annexure 1 and extracted in paragraphs 5, 9 and 2 and 10 of his affidavit, the applicant/informant Mohd. Akhtar Chooriwala, who appears in person, comes up with a prayer to initiate proceedings in competent under Article 215 of the Constitution of India read with Section 14 of the Contempt of Courts Act, 1971, against Ashok Singhal, the Working President of the Vishwa Hindu Parishad whose alleged statements have been reported to in the afor...
Tag this Judgment!Dr. R.B. Agnihotri Vs. State of Uttar Pradesh and Others
Court: Allahabad
Decided on: Feb-22-2000
Reported in: 2000(2)AWC1242; (2000)2UPLBEC1099
ORDERBinod Kumar Roy and Lakshmi Bihari, JJ. 1. The petitioner, who at the relevant time was Reader in the Department of Hindi in Kalpi College. Kalpi, has come up with following prayers :1. 'a writ, order or direction of suitable nature quashing the disciplinary proceedings against the petitioner or declaring the same to be Ineffective and of no consequence.' 2. 'a writ, order or direction of suitable nature commanding the respondents to fix the pensionary benefit of the petitioner and to disburse the same regularly every month and also to disburse the entire arrears of his pensionary benefits from 1.7.1998 till date within a period to be specified by this Hon'ble Court.' 3. 'a writ, order or direction in the nature of certiorari quashing the order dated 20.11.1995 issued by the Manager, Kalpi College, Kalpi, district Jalaun (Annexure-13 to the writ petition) and to declare the same as having become Inoperative and no legal consequence.' 4 'a writ, order or direction of suitable natur...
Tag this Judgment!Yogendra Kumar JaIn Vs. Vikash JaIn and Others
Court: Allahabad
Decided on: Feb-22-2000
Reported in: 2000(2)AWC1339
Sudhir Narain, J.1. The core question in this petition is whether the petitioner acquired any right of tenancy.2. Briefly stated the facts are that Smt. Satyawati Jain, the predecessor in Interest of respondent No. 1, filed Suit No. 44 of 1982 in the Court of Judge Small Causes for recovery of arrears of rent, ejectment and damages against Smt. Shila Devi, Anand Kumar and Yogendra Kumar Jain (petitioner herein) with the allegations that the first and second floor portion of premises No, 76/578. Kuli Bazar, Kanpur. was let out to defendant Nos. 1 and 2 for their residence. They constructed their own house No. 6/38. Purana Kanpur and shifted there with bag and baggage and thereafter illegally sublet the disputed accommodation to Yogendra Kumar Jain, defendant No. 3. The plaintiff sent a composite notice dated October 11, 1981, demanding arrears of rent and terminating their tenancy which was served on the defendant Nos. 1 and 2 on 15.10.1981 but they did not comply with the notice. It wa...
Tag this Judgment!Gyan Prakash Vs. District Inspector of Schools, Azamgarh and Others
Court: Allahabad
Decided on: Feb-22-2000
Reported in: 2000(2)AWC1371b; (2000)2UPLBEC1082
Sudhir Narain, J.1. These two writ petitions are decided together as the interest of the parties in these petitions are inter-related.2. Hira Lal Smarak Inter College, Bharauli, Azamgarh and Udyog Vidyalaya Inter College, Koilasa, Azamgarh, both are recognised institutions under the U. P. Intermediate Education Act, 1921.3. In Hira Lal Smarak Inter College, one Vidya Sagar Lal was Lecturer in Economics. He retired on 30.6.1984. On his retirement, the Committee of Management intimated the vacancy to the U. P. Secondary Education Services Commission under Section 18 of U. P. Secondary Education Services Commission and Selection Board Act, 1982 (U. P. Act No. 5 of 1982). As the Commission failed to intimate the name of any selected candidate within the prescribed time, the Committee of Management proceeded to make ad hoc appointment. The post was advertised. Shailendra Kumar Yadav applied for appointment for the said post. The Committee of Management passed resolution on 23.9.1984 resolvi...
Tag this Judgment!Suresh Chand Rastogi Vs. Ix Additional District Judge, Kanpur Nagar an ...
Court: Allahabad
Decided on: Feb-21-2000
Reported in: 2000(2)AWC1192
Sudhir Narain, J. 1. This writ petition is directed against the order of the Prescribed Authority dated 10.1.1997 releasing the disputed accommodation in favour of the landlord-respondent No. 3 and the order of the appellate authority dated 18.1.2000 affirming the said order in appeal.2. Briefly, stated the facts, are that respondent No. 3 and otherpersons purchased the house in question by a registered sale deed on 16.3.1985. The petitioner was the tenant of three rooms on third floor and one room on the first floor of the house in question. Respondent No. 3 gave a notice on 7.4.1987 to the petitioner under the first proviso to Section 21 (1) (a) of U. P. Act No. 13 of 1972 (in short the Act) that he needs the disputed accommodation for residential purposes. All the purchasers of the property had filed an application under Section 21 (1) (a) of the Act with the allegations that considering the members of the family of the respondent No. 3, the accommodation with them for residential p...
Tag this Judgment!Dr. Sharad Kumar Singh Chauhan Vs. State of Uttar Pradesh and Others
Court: Allahabad
Decided on: Feb-21-2000
Reported in: 2000(2)AWC1212; (2000)1UPLBEC864
M. Katju, J.1. Head learned counsel for the parties.2. The petitioner is challenging the impugned order of the Director of Higher Education, U.P. dated 4.5.1999 Annexure-19 to the writ petition. In that order, it has been mentioned that the Manager of Saraswati Maha Vidyalaya, Hathras, has informed that the petitioner was never appointed as lecturer in Chemistry on ad hoc basis in the institution in question. The Regional HigherEducation Officer also made an enquiry in this connection and he also accepted the version of the Manager.3. The petitioner alleged that he was appointed as ad hoc lecturer in Chemistry by appointment letter dated 5.11.1991 Annexure-1 to the writ petition. In paragraph 4 of the petition. it is alleged that a certificate has been given by the Head of Department of Chemistry regarding the working of the petitioner as lecturer in Chemistry. Subsequently, an Ordinance was issued for regularizing the service of ad hoc lecturers vide Annexure-4 to the writ petition. I...
Tag this Judgment!Surendra Singh Bagga and Another Vs. Collector/District Magistrate, Va ...
Court: Allahabad
Decided on: Feb-21-2000
Reported in: 2000(2)AWC1225
ORDERBinod Kumar Roy and Lakshmi Bihari, JJ. 1. Whether a District Magistrate of any District of this State has been vested with Jurisdiction on a Landlord's petition to direct the Police force to evict a tenant from the tenanted premises, who can be evicted under the tenancy laws--State or Central alone, is the core question which requires our adjudication in this proceedings under Article 226 of the Constitution of India.2. The petitioners, who claim to be lawful tenants and occupants of House No. S-17/390, Mohalla Nadesar. Town and District Varanasl, pray to quash the order dated 21.7.1995 passed by the District Magistrate. Varanasl on the application dated 21.7.1995 of respondent No. 3 Mohd. Iqbal as contained in Annexure-3.2.1. The impugned order reads thus :2379 E-R-K Thanadhyaksh--Cantt. Kripya Makan Khali Karayen. Sd. Illegible Ziladhlkari, Varanasi 21.7.1995.' 2.2. The English translation of the order aforementioned reads thus :'Station House Officer--Cantt. Please get t...
Tag this Judgment!Pramod Kumar Vs. State of Uttar Pradesh and Others
Court: Allahabad
Decided on: Feb-21-2000
Reported in: 2000(2)AWC1214; [2000(85)FLR222]; (2000)1UPLBEC851
M. Katju and D.R. Chaudhary,JJ. 1. This writ petition has been filed for quashing the impugned order dated 14.10.1999 (Annexure-1 to the petition) so far as it is against the petitioner and for quashing the adverse annual remarks for the year 1996-97 [Annexure-2 to the petition).2. We have heard learned counsel for the parties.3. The petitioner was selected as Deputy Superintendent of Police in the 1989 Batch. He was given an adverse entry for the years 1996-97vide Annexure-2 to the petition. In that entry. It was stated that he does not take interest in his work. Against that entry he made a representation which was rejected by order dated 14.10.99. However, it appears that he had been given an entry in the year 1996 by the then Commandant 41 PAC Battalion to the effect that he takes interest in his work and his Integrity was certified vide Annexure-3 to the petition. He was also given good entries in subsequent years vide Annexure-3. As regards the adverse entry, he made a representa...
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