Allahabad Court December 2001 Judgments
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Ajay Kumar Srivastava Vs. Assistant Registrar, Firms, Societies and Ch ...
Court: Allahabad
Decided on: Dec-06-2001
Reported in: 2002(1)AWC109
R.R. Yadav, J.1. Heard the learned counsel for the petitioner, learned standing counsel appearing on behalf of respondent No. 1 and Sri P. K. Misra, learned counselappearing on behalf of respondent No. 2.2. Although the present writ petition is posted today for admission but with the consent of the learned counsel for the parties, 1 propose to dispose it of finally at admission stage on merit.3. The petitioner, Ajay Kumar Srivastava filed the present writ petition questioning the legality and validity of the order dated 6.7.2001, Annexure-5 to the writ petition, passed by Assistant Registrar, Firms. Societies and Chits, Gorakhpur on the ground, inter alia, that on the basis of the finding recorded by the respondent No, 1, the matter ought to have been referred to the Prescribed Authority under Section 25 of the Societies Registration Act, 1860. It is submitted by the learned counsel for the petitioner, Sri Pradeep Verma that the respondent No. 2 has committed serious error in recognisi...
Ram Surat Ram Vs. General Manager, Feeder Balancing Dairy, Varanasi an ...
Court: Allahabad
Decided on: Dec-06-2001
Reported in: 2002(1)AWC191; [2002(92)FLR407]; (2002)1UPLBEC802
Sunil Ambwani, J.1. Thepetitioner was appointed as Assistant Cashier in Feeder Balancing Dairy, Ram Nagar, district Varanasi. on 30.12.1980 and was serving as permanent Assistant Cashier in the department. On 24.1.1989, when he went to deposit the money amounting to Rs. 2,96,000 in three bags in Oriental Bank of Commerce, Nichi Bagh, district Varanasi, it is alleged that some miscreants pushed the petitioner due to which the petitioner fell down and some miscreants snatched the bag which contained Rs. 87,0OO. The General Manager, Sri B.K. Tiwari was informed on phone to lodge the first information report about the incident. A charge-sheet dated 2.7.1990 was issued to the petitioner with the allegation that on 14.1.1989. when he went to deposit Rs. 2,96,000 in the vehicle of the institution No. GRM 9922 with Oriental Bank of Commerce. Nichi Bagh, Varanasi, according to delinquent employee, some one pushed film on which he fell down holding three cash bags out of which one bag containing...
Mewa Ram and anr. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Dec-06-2001
Reported in: 2002(1)AWC413; [2002(92)FLR854]; (2002)1UPLBEC789
Anjani Kumar, J.1. Heard Sri Syed Wajid All, learned counsel appearing on behalf of the petitioners and learned standing counsel representing the respondents.2. This petition has been filed by two petitioners, namely, Mewa Ram and Mahipal Singh for the relief that their applications for selection for Special BTC pursuance to the advertisement dated 14.8.2001, Annexure-5 to the writ petition, as amended from time to time may not be rejected only on the ground that the petitioners, who have passed their B.Ed, course from Kumayun University, which now forms part of Uttaranchal State.3. It is submitted that petitioner No. 2 has passed his B.Ed, examination in the year 1999. At that time, State of Uttaranchal has not come into existence, which came into existence in the month of November, 2000 by U. P. State Reorganisation Act, 2000, therefore, at that time thepetitioner No. 2 who has passed his B.Ed. course from Kumayun University, Nainital cannot be said to be passed the degree from an Un...
Poonam Devi and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Dec-06-2001
Reported in: 2002(1)AWC412; [2002(92)FLR855]; (2002)1UPLBEC666
Anjani Kumar, J.1. Heard learned counsel for the parties.2. By means of this writ petition under Article 226 of the Constitution of India, the petitioners, who have passed their Diploma in Education from Madhyamik Shiksha Mandal, Madhya Pradesh, Bhopal, have challenged the advertisement issued by the respondents whereby the respondents have invited applications for the appointment of the teachers in the rural area of primary school of the State of U. P., particularly under the district of Sonebhadra in the institution run and managed by Basic Shiksha Parishad. The advertisement classifies that only such persons can apply who have passed their B.T.C. degree from an institution under the district of Sonebhadra itself. The petitioners alleged that due to this restriction, their application forms are not being entertained.3. The petitioners relied upon a decision of this Court in the case of Upendra Rai v. State of U. P. and Ors., 2000 (2) AWC 865 : 2000 (2) UPLBEC 1354, wherein this Court...
Ramchander Vs. State of U.P.
Court: Allahabad
Decided on: Dec-06-2001
Reported in: 2002CriLJ1253; (2002)ILLJ907All
U.S. Tripathi, J. 1. This revision has been directed against the judgment and order dated November 16, 2000 passed by Additional Sessions Judge, Varanasi, Court No. 14 in Criminal Appeal No. 297 of 2000 dismissing the appeal and confirming the conviction of the applicant under Section 14(1) of Child Labour (Prohibition and Regulation) Act, 1986 and sentence of three months R.I. recorded by IV Additional Chief Judicial Magistrate, Varanasi in Criminal Case No. 722 of 2000, vide order dated November 16, 2000. 2. The prosecution story, briefly stated, was that on March 26, 1995 at about 4.45 A.M. Sri O.P. Gupta, Labour Enforcement Officer, Varanasi, along with Sri S.K. Srivastava inspected the Carpet loom of applicant situated at Dhaurpur, P.S. Rohania, District Varanasi and found that a boy named Chaturi S/o Bachau aged about 11 years was working at the said establishment. The Enforcement Officer prepared spot note and filed complaint against the applicant for the offence punishable unde...
Subhash Chandra Jaiswal Vs. State of U.P.
Court: Allahabad
Decided on: Dec-06-2001
Reported in: 2002CriLJ1223; [2002(92)FLR208]; (2002)IVLLJ59All
ORDERU.S. Tripathi, J.1. This revision has been directed against the Judgment and order dated November 6, 2001 passed by Additional Sessions Judge, Court No. 14. Varanasi, in Criminal Appeal No. 145 of2000, dismissing the appeal of the applicant against the judgment and order dated June 19,2001, passed by the IV Additional Chief Judicial Magistrate, Varanasi, in Criminal Case No. 380 of 2000, convicting the applicant under Section 14(1) of Child Labour (Prohibition and Regulation) Act, 1986 and sentencing him to undergo R.I. for a period of three months. 2. The prosecution story, briefly stated, was that on January 25, 1994 at about 3 P.M. Sri Rampreet Ram, Labour Enforcement Officer under Child Labour (Prevention and Regulation) Act, 1986, hereinafter called the Act, visited the establishment of applicant and found that one Ashok Prajapati aged about 11 years of village, Kawal, P.S. Gyanpur, was employed as labourer to work in the said establishment. The above act of the applicant was...
Mohd. Azeem and anr. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Dec-06-2001
Reported in: 2002CriLJ1526; I(2002)DMC427
U.S. Tripathy, J.1. This revision has been directed against the order dated 18.7.2001 passed by Additional Sessions Judge, Court No. 2, Bareilly, framing charges against the applicants under Section 304B, I.P.C.2. The prosecution story, briefly stated, was that Mohd. Azeem applicant No. 1 was the husband of Smt. Shakeera Begum deceased bride and applicant No. 2 was her elder brother-in-law. The marriage of Shakeera Begum with applicant No. 1 was performed on 19.3.1998. On 10.7.2000. Jeeshan Khan, opposite party No. 2, lodged a report against the applicants as well as their mother and Smt. Razia Begum wife of appellant No. 2 under Sections 498A, 307, I.P.C. and 3/4, Dowry Prohibition Act with the allegation that his sister Smt. Shakeera Begum was married with applicant Azeem on 19.3.1998. After the marriage, the applicants and their other family members started demanding scooter and Rs. 50,000/- cash for running a shop in dowry and were treating Ids sister with cruelty for and on accoun...
Ajay Kumar Srivastava Vs. Assistant Registrar, Firms and Societies and ...
Court: Allahabad
Decided on: Dec-06-2001
Reported in: (2002)1UPLBEC14
R.R. Yadav, J. 1. Heard the learned Counsel for the petitioner, learned Standing Counsel appearing on behalf of respondent No. 1 and Sri P. K. Misra, learned Counsel appearing on behalf of respondent No. 2.2. Although the present writ petition is posted today for admission but with the consent of the learned Counsel for the parties, I propose to dispose it of finally at admission stage on merit.3. The petitioner. Ajay Kumar Srivastava filed the present with petition questioning the legality and validity of the order dated 6-7-2001, Annexure-5 to the writ petition, passed by Assistant Registrar, Firms, Societies and Chits. Gorakhpur approving annual list of Managing Body or on the basis of the finding recorded by the respondent No. 1. the matter ought to have been referred to the Prescribed Authority under Section 25 of the Societies Registration Act, 1860. It is submitted by the learned Counsel for the petitioner, Sri Pradeep Verma that the respondent No. 2 has committed serious error ...
MasuriyadIn @ Nate and ors. Vs. Additional Sessions Judge and ors.
Court: Allahabad
Decided on: Dec-06-2001
Reported in: 2002CriLJ4292; I(2002)DMC736
Sushil Harkauli, J.1. This petition under Section 482, Cr.P.C. has been filed by the three accused challenging the order passed by a Magistrate directing investigation by police into an alleged offence of dowry death. I have heard the learned Counsel for the applicants and the learned Assistant Govt. Advocate.THE FACTS :2. An application under Section 156(3),. Cr.P.C. was moved by the opposite party No. 4 alleging that his daughter had been married to the applicant No. 1 three years ago. She was being harassed for dowry and suddenly on 4.1.2001 the father of the girl heard that the applicants had murdered the girl and thrown her on the railway line. On this application the learned Magistrate passed an order dated 25.4.2001 directing the police to register and investigate the case.3. A revision filed by the applicants against the order of the Magistrate has been dismissed' by the Additional Sessions Judge, Court No. 12, Allahabad by judgment dated 24.7.2001.4. The applicants are relying...
Smt. Rakesh Devi Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Dec-06-2001
Reported in: 2002CriLJ1225
ORDERU.S. Tripathi, J.1. This revision has been directed against the order dated 17-9-2001 passed by A.C.J.M. 2nd, Bijnor in case No.790 of 2001 taking cognisance of the offence and summoning the applicant under Sections 409, 420 and 468 I.P.C.2. It appears that Yasspal Singh opposite party No.2 moved an application under Section 156(3) Cr. P.C. before the Magistrate for registration and investigation of case against the applicant, who was the Pradhan of Gaon Panchayat of Barampur and Magnesh Kumar husband of the applicant with the allegation that vide resolution dated 5-3-1998 contribution for the construction of latrine at the rate of Rs. 850/-to general person and Rs.725/- to Scheduled Caste persons was to be collected. In all 81 persons were selected as beneficiaries of the above scheme and material for construction of 100 latrine was collected and its cost was withdrawn from the panchayat, but only 98 latrines were constructed and the Pradhan and her husband embezzled cast of two ...
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