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Allahabad Court April 2001 Judgments

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Apr 09 2001

Smt. Prabhawati Devi (Decd.) Through L.Rs. and Another Vs. Ist Addl. D ...

Court: Allahabad

Decided on: Apr-09-2001

Reported in: 2001(2)AWC1354

O. P. Garg, J.1. The dispute relates with regard to an accommodation in the form of a Kotha situate in mohalla Farash Tola. lahsil Sadar district Azamgarh. It was under the tenancy of late Ram Charan initially at a monthly rent of Rs. 25. Ram Charan died in the month of September. 1981. The tenancy rights were inherited by defendant No. 1-Bacchi Devi, widow and two daughters of the deceased-tenant. A S.C.C. Suit No. 10 of 1992 was instituted by Smt. Khairulnnisan. present respondent No. 3 against Smt. Bacchi Devi widow of the deceased tenant and his two daughters, who were arrayed as defendant Nos. 1. 2 and 3. The ejectment of the legal heirs of the deceased tenant was sought on the ground that they have sub-let the tenanted accommodation in favour of Servajeet son of Jag Mohan who was impleaded as defendant No. 4 in the suit. The suit was contested by the defendants resisting the allegations made by the plaintiff-respondent No. 3-Khairulnisan. It was maintained that Servajeet who is n...


Apr 09 2001

Prakash Singh and anr. Vs. State of U.P. and ors.

Court: Allahabad

Decided on: Apr-09-2001

Reported in: 2001CriLJ2863

M. Katju, J.1. Heard learned counsel for the petitioner and learned Government Counsel.2. This case discloses a shocking state of affairs as it shows what is happening in our country in large scale.3. The petitioner has challenged the impugned F.I.R. dated 20-2-2001 Annexure 1 to the writ petition in case crime No. 43 of 2001 under Sections 467, 468, 471, 419, 420, 409, I.P.C. police station Meh Nagar, district Azamgarh. The aforesaid F.I.R. reads as follows :^^dk;kZy; ftyk lekt dY;k.k vf/kdkjh]vktex< i=kad 3720 vkfCyd 28 ld vkfCyd ,Q- vkbZ- vkj- @2000&2001@fnukad20&2&2001 Fkkuk/;{k Fkkuk esguxj vktex< voxr djuk gS fd ftyk fo|ky;fujh{kd dk;kZy; vktex< ds i= ekax Nk=ofRr fnukad 6&3&2000 )kjk Jh xksfoUn lfag m- ek- fn- jkeiqj rFkk j?kqukFkflag m- ek- fo- dknhiqj vktex< ds vuqlwfpr tkfr ds Nk=ksa dh lwph izfrgLrk{kfjr djrs gq, v/kksgLrkf{kfjr ds dk;kZy; dks miyC/k djk;h x;h Fkh A ftlds vk/kkj ijmijksDr fo|ky; dks ek% 70]000 ;w- ih- vkbZ flag iqj [kkrkla- 5005 esa rFkk la- 58]000 eq[; 'kk[...


Apr 09 2001

Brij Lal Verma Vs. S.P., C.B.i. and ors.

Court: Allahabad

Decided on: Apr-09-2001

Reported in: 2001CriLJ2546

M. Katju, J.1. Heard learned counsel for the parties2. The petitioner is presently posted as S.O. police station Pachokhara district Firozabad. The incident in question occurred on 12/13-10-1993 12/13-10-1993 when a Sikh person Harjeet Singh was killed in a police encounter by a police party and an F.I. R was lodged on 13-10-1993 being case crime No. 327 of 1993 at police station Puwayan, district Shahjahanpur. It is alleged in paragraph 5 of the writ petition that after investigtion the police submitted a final report before the Magistrate concerned and the same was accepted on 29-5-1995 vide Annexure 2 to the writ petition.3. It appears that a writ petition was filed in the Punjab and Haryana High Court by the father of deceased Harjeet Singh as serting that his son had been picked up by the Punjab police which handed him over to the U.P. police and thereafter he was killed in Shahjahanpur in U.P. in a false encounter. True copy of the judgment of the Punjab High Court dated 27-5-199...


Apr 04 2001

Dhirendra Kumar Vs. State of U.P. and Others

Court: Allahabad

Decided on: Apr-04-2001

Reported in: 2001(2)AWC1250; [2001(90)FLR559]; (2001)2UPLBEC1111

D.S. Sinha, J.1. Heard Sri Ram Autar Verma, the learned counsel appearing for the petitioner-appellant and Sri Sandeep Mookerji, the learned standing counsel of the State of U. P.. representing the respondent Nos. 1. 2 and 4, at length and in great detail.2. The appellant is a member of Uttar Pradesh Police. A disciplinary proceedings against his conduct is in contemplation and in the meantime he has been placed under suspension by the order dated 4th March. 2001.3. Feeling aggrieved by the order of suspension and initiation of disciplinary enquiry, the appellant filed in this Court the Civil Misc. Writ Petition No. 10317 of 2001, Dhirendra Kumar v. State of U. P. and others.4. The writ petition has been finally disposed of by a learned single Judge of the Court, vide his order dated 22nd March. 2001. The learned single Judge opined that considering the nature of the charge against him, the disciplinary enquiry could go on without placing the appellant under suspension. Therefore, whil...


Apr 04 2001

Ram Paita Kannaujia Vs. State of U.P. and ors.

Court: Allahabad

Decided on: Apr-04-2001

Reported in: 2001CriLJ2887

M. Katju and U.S. Tripathi, JJ.1. Heard learned counsel for the petitioner.2. The petitioner has challenged the impugned FIR dated 15-3-2001 (Annexure 1 to the petition) relating to Case Crime No. 33 of 2001 under Sections 376/452/506, IPC, Police Station, Sarnath, district Varanasi. The FIR reads as follows :- lsok esa] JhekuFkkuk/;{k lkjukFk]okjk.klh Aegksn;] fuosnu gSfd izkfFkZuh vk'kk nsoh iq=h iqUuh yky jktHkj xzke cjMiqj Fkkuk lkjukFk ftykokjk.klh dh jgus okyh gwa xr fnukad 10&3&2001 dks Hkksj esa rhu ctsFkkuk lkjukFk flikgh ftldks yksx dUukSft;k dgrs gS 'kjkc ihdj gkFk esa dV~Vkfy;s gq;s ?kj dk njoktk rksMdj izkfFkZuh ds lkFk cykRdkj fd;k A izkfFkZuh ds iklmldh nks NksVh cgus Hkh lksrh Fkh ftudk uke js[kk mez X;kjg lky o dYyh mez lkrlky Hkh tkx x;h Fkh mDr flikgh mudks Hkh dV~Vk fn[kkdj Mjkuk /kedk;k vkSjfpYykus ls jksdk A mlh le; izkfFkZuh dk HkkbZ v'kksd Hkh viuh pk; dh nqdku ls ?kjokil vk;k Fkk ?kj esa gks jgh vkokt dks lqudkj vUnj vk;k rks mldks Hkh eqyftedUukSft;k dV~Vk f...


Apr 03 2001

Shot `n' Pot Vs. District Magistrate, Meerut and another

Court: Allahabad

Decided on: Apr-03-2001

Reported in: 2001(2)AWC1257

M. Katju and U.S. Tripathi, JJ.1. Heard learned counsel for the petitioner and learned standing counsel. The petitioner has challenged the impugned order dated 29.12.2000, Annexure-4 to the petition, by which demand of entertainment tax has been made from the petitioner.2. In paragraph 2 of the petition, it is alleged that a survey was made by the Senior Entertainment Inspector, Meerut and some other persons and it was found that petitioner had installed three tables for the purposes of playing skill game (Billiards. Snooker, etc.) and offering the same to the players at the rate of Rs. 60 per hour. No records pertaining to income and expenditure were shown to the Entertainment Inspector when demanded. A notice dated 20.5.2000 was thereupon issued by the A.D.M. City, Meerut, to the petitioner, in which above fact was stated and it was further stated that the aforesaid skill game was said to have started from December, 1999 and was being played every day from 10.30 a.m. to 9.30 p.m. It ...


Apr 03 2001

Suresh Chandra Gautam and anr. Vs. State of U.P. and ors.

Court: Allahabad

Decided on: Apr-03-2001

Reported in: 2001CriLJ2864

1. Heard counsel for the petitioners.2. This case furnishes a typical instance of what is happening in the jails in this country. The F.I.R. which has been challenged in this writ, petition reads as follows :-udy rgjhj fgUnh oknh lsok esa Jheku Fkkuk/;{kdksrokyh cjsyh fuosnu bl izdkj gS fd fnukad 23&5&2000 fnu eaxyokj dksesjk iq= pUnz izdk'k lu vkQ iq= Jh jke xksiky fuoklh ljkgnkuk Fkkuk ckjknjh mezyxHkx 24 o'kZ ldq'ky vnkyr esa gkftj gqvk Fkk ftldks mlh fnu vnkyr us tsyHkst fn;k Fkk A vkt fnukad 28&5&2000 fnu jfookj dks lqcg djhc ukS nl ctsesjs ?kj Fkkuk ckjknjh ls nks iqfyl okys vk;s vkSj cryk;k fd vkidk iq= tks tsyesa Fkk mldh e`R;q gks x;h gS A mldk 'ko ftyk vLirky 'ko x`g esa j[kk gS A vkiyksx tkdj 'ko ys ysa ge yksx tc ftyk vLirky igqps rks esjk iq= 'ko x`g esarkys esa cUn Fkk dqN le; ckn jkf= eftLVsV lkgc 'ko x`g dk rkyk [kqyokdkj 'kockgj fydkyk A eSus ns[kk fd esjs iq= ds ukd o dku esa [kwuHkjk iMk Fkk A mldsflj esa dbZ txg xqe pksVksa ds fu'kku Fks A mldh ,d vk[k o nksuksa gk...


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