Allahabad Court April 2000 Judgments
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Brijesh Kumar Singh Vs. State of U.P. and Another
Court: Allahabad
Decided on: Apr-24-2000
Reported in: 2000(3)AWC2083; (2000)2UPLBEC1346
S.H.A. Raza, J.1. Mr. Brijesh Kumar Singh, Advocate, who practices in the Lucknow Bench of the Allahabad High Court of Judicature at Allahabad, by means of the present writ petition, has prayed for the issuance of a writ in the nature of mandamus commanding the State of U. P. to sanction at least 1,000 posts of Class II. III and IV employees in the Allahabad High Court and to issue a writ to the Allahabad High Court to appoint at least 1,000 class II, III and IV employees in the High Court for speedy disposal of the pending cases.2. The aforesaid writ petition is in the nature of Public interest Litigation as Mr. Brijesh Kumar is a conscientious lawyer of this Court, who is vitally interested in the process of dispensation of Justice. We are of the view that he has a right to maintain the writ petition.3. On 4.2.2000, when the writ petition was entertained, a Division Bench of this Court has passed the following order :'By means of this writ petition, the petitioner has raised the ques...
Laxman Singh Vs. District Magistrate and ors.
Court: Allahabad
Decided on: Apr-24-2000
Reported in: (2000)2UPLBEC1595
V.M. Sahai, J. 1. The District Magistrate, Almora obtained approval oftwenty posts of Patwaris from the Board of Revenue, U.P., Lucknow. Thesetwenty vacancies were advertised. The petitioner appeared in the test and wasfinally selected and placed at serial No. 4 of the merit list. The selected candidateswere required to undergo training etc. in January, 1996. In the meantime in 1997Bageshwar which was part of Almora was created as a new district. The petitionerwas appointed as Patwari in district Bageshwar by order dated 23-12-1998 issuedby District Magistrate, Bageshwar. One Ram Dutt Pandey who was promoted asSupervisor Kanungo on ad-hoc basis in district Bageshwar was reverted back tothe post of Patwari. The District Magistrate, Bageshwar passed an order on21-7-1999 that in view of reversion of Sri Ram Dutt Pandey the petitioner, who isthe junior most Patwari be dismissed from service. It is this order dated 21-7-1999passed by the District Magistrate, Bageshwar which has been challen...
Satpal and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Apr-24-2000
Reported in: 2000CriLJ3355
M.C. Jain, J.1. There are four appellants in this appeal, namely, Satpal, Janeshwar, Virendra Kumar alias Pappu and Madan Pal. They have preferred this appeal against the judgment and order dated 31-10-80 passed by Sri Vishnu Chandra, the then V Additional Sessions Judge, Saharanpur in Sessions Trial No. 226 of 1980. Each of them has been convicted under Section 302 I.P.C. read with Section 34 I.P.C., 452 I.P.C. and 323 IPC read with Section 34 I.P.C. The sentence of life imprisonment has been awarded to each of them under Section 302 I.P.C. read with Section 34 I.P.C, two years' rigorous imprisonment under Section 452 I.P.C. and one year's rigorous imprisonment under Section 323 I.P.C. read with Section 34 I.P.C.2. The incident took place on 6-3-80 at about 8.30 a.m. in the Gher of deceased Jai Prakash, situated in village Kuradi, Police Station Deoband, District Saharanpur. Jai Prakash was murdered in this incident and injuries were caused to the informant Santosh P.W. 1 - brother of...
Makhan Lal Vs. State of U.P.
Court: Allahabad
Decided on: Apr-24-2000
Reported in: 2000CriLJ3895
J.C. Gupta, J.1. By means of this appeal under Section 374(2) of the Criminal Procedure Code appellant Makhan Lal alias Narain Dass has challenged the judgment and order dated 17-1-1987 passed by the then IV Additional Sessions Judge Meerut in Session Trial No. 330 of 1985 whereby the appellant has been convicted under Section 302 I.P.C. and sentenced to life imprisonment.2. The deceased of the present case was one Ramaiyya Chowkidar who was supervising the construction work being carried on in the Medical College Campus, Meerut. The work was being got done on contract by contractor Anand Prakash Bansal P.W. 1. Appellant Makhanlal, Ganga Ram P.W. 2 and Baley Ram P.W. 3 were engaged as labours and were doing the work under the supervision of the deceased Ramaiyya. On the date of occurrence i.e. 3-10-1984. Sri A. P. Bansal P.W. 1 was present in the Meerut Court Compound where he was supervising some other work of tubewell there he got information at about 4.15 P.M. from Junior Engineer A...
National Airport Authority and Others Vs. Kamakhya NaraIn Singh
Court: Allahabad
Decided on: Apr-22-2000
Reported in: 2000(2)AWC1757; [2000(87)FLR15]; (2000)2UPLBEC1266
G.P. Mathur, J.1. This special appeal is directed against the order dated 8.2.2000 passed in Civil Misc. Writ Petition No. 13981 of 1995 preferred by Kamakhya Narain Singh.2. Kamakhya Narain Singh (writ petitioner and respondent in the special appeal) was an applicant for the post of Fire and Rescue Operator with the National Airport Authority. After preliminary physical measurement and written test which was held on 6.9.1992 he was directed to appear for final selection in the office of Senior Aerodrome Officer, National Airport Authority. Safdarganj, New Delhi. He competed in the final selection and was thereafter nominated for training subject to production of police verification. In this connection, he was required to submit a declaration in a prescribed proforma known as attestation form for verification of character and antecedents, which he did. Subsequently he was informed by a letter dated 6.9.1994 that as he had given false information in column 12 of the aforesaid form and h...
Ram Shiromani Mishra and Another Vs. State of U.P. and Another
Court: Allahabad
Decided on: Apr-22-2000
Reported in: 2000(3)AWC2348; [2000(86)FLR289]
R.R.K. Trivedi and M. C. Jain, JJ.1. By means of this writ petition, petitioners. Ram Shiromani Mishra and Shariq Alvi who were serving as Deputy Superintendents of Police have challenged the action of the State Government in determining their seniority in the cadre of officers of Deputy Superintendent of Police serving in the State and also have prayed for consequential reliefs.2. The facts of the case which are not much in dispute with regard to each petitioner are being mentioned hereunder.Petitioner No. 1, Ram Shiromani Mishra.--He was recruited and appointed as Sub-Inspector of Police on 1.1.1960. He completed the course of training of Reserved Inspector and thereafter was promoted to the post of Reserved Inspector on which post he was confirmed on 27.7.1972. He was given officiating promotion to the post of Deputy Superintendent of Police on 11.3.1974. His promotion to the post of Deputy Superintendent of Police from the post of permanent Inspector was considered by Public Servic...
Kailash Nath Tewari Vs. U.P. Public Services Tribunal No. Ii and ors.
Court: Allahabad
Decided on: Apr-22-2000
Reported in: [2000(87)FLR53]; (2002)IVLLJ750All
Sudhir Narain and Lakshmi Bihari, JJ.1. The petitioner was in the service of Nagar Palika, Jhansi. After the services of Nagar Palikas were centralized, he was transferred to various Nagar Palikas. On July 5, 1975 the petitioner retired from service.2. According to the petitioner he had made several claims with regard to bonus etc., before the U.P. Public Services Tribunal II, Lucknow (hereinafter referred to as the Tribunal). The Tribunal rejected the claims of the petitioner vide its order dated February 10, 1977. One of the contention's of the petitioner raised was that the Tribunal made an observation in its order that the petitioner had admitted to have received a sum of Rs. 3480/- representing his six months' salary. The petitioner challenged that observation by filing a review petition before the Tribunal. Besides this he also preferred Writ Petition No. 7389 of 1980 which was dismissed as premature on the ground that the petitioner had already moved a review application. The Co...
Sheo Charan S/O Ram Chandra Sahai Vs. State of U.P.
Court: Allahabad
Decided on: Apr-22-2000
Reported in: 2000CriLJ4159
ORDERJ.C. Mishra, J.1. This revision is directed against the judgment and order dated 29-3-1984 passed by the Sessions Judge, Meerut dismissing the appeal preferred against the judgment and order dated 18-1-1984 passed by the Judicial Magistrate Court No. 1 Meerut convicting the revisionist under Sections 7/16 Prevention of Food Adulteration Act and sentencing him to undergo 6 months R.I. and Rs. 1000/- fine.2. The learned counsel for the revisionist contended that the sample taken on analysis was found to contain 5.5% milk fat against the prescribed standard of 3.5% and 7.4 % in fatty solids against the prescribed standard of 8.5%. He contended that if non-fatty and fatty solids are added it is more than the prescribed standard of 12% and, therefore, the sample could not be treated as adulterated. He also contended that since the alleged adulteration was made about 22 years before on 31st May, 1978 it would not be proper to send the accused to jail after such a long time; more so when...
Karan Yadav and anr. Etc. Vs. Union of India (Uoi) and anr.
Court: Allahabad
Decided on: Apr-22-2000
Reported in: 2000CriLJ4530
ORDERI.M. Quddusi, J.1. These petitions were heard for quite a number of days in different months.2. Heard the learned counsel for the petitioner, Sri Prem Prakash, Special Counsel for C.B.I., Sri R.M. Tewari and the learned Standing Counsel for C.B.I., Sri Girdhar Nath.3. In these case filed under Section 482 Cr.P.C. learned counsel for the petitioners has challenged the proceedings of the Court of Special Judicial Magistrate CBI, Deharadun and the order taking cognizance mainly as under:-(1) The jurisdiction of the C.B.I., who have investigated the case.(2) The initiation of proceedings against the applicant are void ab initio.(3) The charge sheet submitted by the said agency is illegal arbitrary and unconstitutional, and(4) The charge sheet was filed on a date when there was a public holiday and the cognizance could not have been taken by the Court on a public holiday. The charge sheet was filed against some accused persons (8 persons) and against some other accused persons (10 pers...
Udho and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Apr-22-2000
Reported in: 2000CriLJ3839
U.S. Tripathi, J.1. This appeal has been preferred against the judgment and order dated 20-9-198Q passed by 5th Additional Sessions Judge, Hamirpur in Sessions Trial No. 259 of 1979 convicting the appellants Udho and his son Mathura under Section 302 read with Section 34, I.P.C. and sentencing them to undergo imprisonment for life.2. The prosecution case, briefly narrated, was that appellant Udho was real brother of Govind, father of Babulal (PW 1) and Ballu, father of Nathu Ram (PW 2). Smt. Genda Rani (25) deceased was the wife of Nathu Ram (PW 2). Mathura appellant is the son of Udho appellant. There was some dispute regarding agricultural land in between the appellants and Nathu Ram (PW 2), Udho appellant wanted to grab the land of Nathu Ram (PW 2) and he had also taken possession over the entire land of Nathu Ram and Govind, father of Babu Lal (PW 1). When Nathu Ram demanded his land from Udho appellant he used to threat to kill him. Quarrel often took place between the deceased ar...
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