Allahabad Court July 2001 Judgments
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Ajeet Kumar Singh Vs. Sanjay Gandhi Post Graduate Institute of Medical ...
Court: Allahabad
Decided on: Jul-11-2001
Reported in: 2001(3)AWC2367; [2001(91)FLR1208]; (2002)1UPLBEC807
S.H.A. Raza and R.D. Shukla, JJ.1. This special appeal has been filed by the appellant against the judgment and order dated 1.4.1996 passed by Hon'ble the single Judge in Writ Petition bearing No. 8376 (SS) of 1988, who dismissed the writ petition.2. Hon'ble the single Judge was of the view that the appellant, who was appointed on probation as Head Constable (Security Guard) in Sanjay Gandhi Post Graduate Institute of Medical Sciences (hereinafter called as S.G.P.G.I.M.S.), Lucknow, had no right to assail the order of termination simpliciter, if the assessment of the work was not found to the satisfaction of the authorities during the period of probation. The probationer has to establish his merit in a commendable manner so that he may be entitled for confirmation and further retention in service. Hon'ble the single Judge in that regard placed reliance upon the pronouncement of Hon'ble Supreme Court in Unit Trust of India and others v. T. Bijaya Kumar and another JT 1992 (6) SC 82.3. A...
Kali Prasad Vs. Board of Revenue and Others
Court: Allahabad
Decided on: Jul-11-2001
Reported in: 2001(3)AWC2412
U.K. Dhaon, J. 1. Heard Sri Hemant Kumar Misra, learned counsel for the petitioner and Sri H. S. Sahai, senior advocate appearing on behalf of opposite party No. 4. 2. The brief facts of case are that opposite party No. 5 was the bhumidhar of Plot No. 1519 measuring 2 bighas, 11 biswas, 19 dhoors situated at village Umara, pargana Issauli, tehsil Musafirkhana, district Sultanpur, who executed a registered sale deed in favour of the petitioner on 15.7.1994 for a consideration of Rs. 78,000. The said land was mortgaged with the bank against loan taken by opposite party No. 5 and as the opposite party No. 5 could not pay the loan of Rs. 14,819, the said property was auctioned for Rs. 38,000 in a public auction held on 4.4.1995 and opposite party No. 4 is the auction purchaser. The auction was approved on 23.5.1995. The petitioner after coming to know about the auction proceedings, filed an objection before the Sub-Divisional Officer, Musafirkhana, Sultanpur, and thereafter also approached...
Sunil Kumar Sharma Vs. State of U.P.
Court: Allahabad
Decided on: Jul-11-2001
Reported in: 2001CriLJ3904
ORDERS.K. Agarwal, J.1. Heared learned Counsels for the applicant, learned Counsel for the complainant Sri G.S. Hajela and learned A.G.A.2. This application is moved by the Sub-Inspector, Sunil Kumar Sharma seeking bail from this Court in a case of custodial death of one Vijay Kumar Ikka. The story as contained in the F.I.R. is that Vijay Ikka, cook of the school, was detained by police of P.S. Narholi, district Mathura in connection with the murder of Brother George. During his custody he was subjected to severe third degree treatment which ultimately resulted into his death. On 17-6-2000 at about 9.30 p.m. when the informant, Brother Emanuel, had gone to provide meals to Vijay Ikka at the police station, he learnt that he will be taken by Sub-Inspector (the applicant) and a constable Dinesh Upadhyay to police lines. According to Brother Emanuel, Vijay Ikka was about to be taken away by them. When he tried to make some enquiry, the applicant told him that he is being taken out under t...
Bhirug Vs. State of U.P.
Court: Allahabad
Decided on: Jul-11-2001
Reported in: 2002CriLJ271
ORDERJ.C. Gupta, J. 1. Heard Sri Kameshwar Singh, counsel for the applicant and learned A.G.A. for the State.2. By means of this revision the applicant has challenged the concurrent order of the Judicial Magistrate, Ballia and IIIrd Addl. Sessions Judge, Ballia whereby the applicant has been convicted under Sections 323, 504 and 506(2) IPC. He has been sentenced to one month simple imprisonment under Section 323 IPC, one month simple imprisonment under Section 504 IPC and one year simple imprisonment under Section 506(2) IPC.3. So far as the merits of the case are concerned, both the Courts below have concurrently found that from the prosecution evidence participation of the applicant has been firmly established. P.W. 1 complainant had himself received injuries and he narrated full facts leading to the incident in question. His statement has been found trust worthy and reliable by both the Courts below. Learned Counsel for the applicant in revision could not point out any infirmity or ...
Smt. Manbhawati Devi Vs. State of U.P.
Court: Allahabad
Decided on: Jul-11-2001
Reported in: 2001CriLJ4428
ORDERS.K. Agarwal, J.1. Heard learned Counsel for the applicant and learned AGA.2. It is contended by learned Counsel for the applicant that the husband of the applicant was missing for a considerably long time. She was living along with her children with her aged in laws since then. On the date of incident according to her confessional statement she had ealled Shashi Ranjan Pandey and her own unmarried sister Km. Sita for her help.3. It is further available from her confessional statement that these three persons the applicant, Km. Sita and Shashi Ranjan Pandey connived and committed these two murder. The story as contained in her confessional statement has many snags. The story reveals that Sita has sustained injuries while assaulting the mother in law and applicant had gagged her mouth. She had also pressed her legs. The deceased was finally killed by Satish with a Dav as Sita was unable to do it. The other deceased, father-in-law was done away with by Satish alone. This accused too...
Sujeet Kumar Biswas Vs. State of U.P.
Court: Allahabad
Decided on: Jul-11-2001
Reported in: 2001CriLJ4431
ORDERJ.C. Gupta, J.1. This revision is directed against the order dated 27-3-2001 of Additional Session Judge (Court No. 4) Azamgarh in case crime No. 152/2000. It appears that on 28-9-2000 at 7-30 a.m. vehicle bearing registration No. D.L.-2 C.D.-0657 was seized by Police party in connection with the contravention of the provisions of Narcotic Drugs and Psychotropic Substances Act and about ten kilograms of Ganja is said to have been recovered from the said vehicle which at that particular time was being driven by its driver. The seizure of vehicle was reported to the Court concerned. The applicant in revision thereafter applied for interim custody of the said vehicle claiming himself to be its registered owner and further stating that the vehicle in question was lying in open sky at the Police Station and in case no proper arrangement of its interim custody is made, the vehicle may be damaged and ruined. The learned Session Judge rejected the release application holding that the appl...
Ashwani Vashisht and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Jul-11-2001
Reported in: 2002CriLJ619
J.C. Gupta, J.1. This appeal arises out of judgment and order dated 20-3-1982 passed by the then Addl. Sessions Judge, Bijnor convicting and sentencing appellants under Section 302 read with Section 149, IPC to imprisonment for life. Appellants Ashwani Vashisht, Manoj Vashisht and Manoj Goel have further been convicted and sentenced to one year R.I. under Section 148, IPC while appellants Nos. 4 and 5 have been convicted and sentenced to undergo six months R.I. each under Section 147, IPC. All the appellants have been further convicted and sentenced to undergo six months R.I. each under Section 323/149, IPC. All the sentences have been ordered to run concurrently.2. Rivalry amongst two groups of student of a college union led to an untoward incident on 25-4-1981 at about 10.35 a.m. within the precint of Sahu Jain Degree College, Najibabad which resulted in the death of a young boy Krishna Chand aged about 20 years.3. Briefly stated, the prosecution story is that previously Krishna Chan...
Ravi Prakash Vs. Ivth Addl. District Judge, Saharanpur and Another
Court: Allahabad
Decided on: Jul-10-2001
Reported in: 2001(3)AWC2168
B.K. Rathi, J. 1. The dispute in this case is regarding a shop situated in Arat Bazar, Mohalla Gulam Aulla Gangoh, district Saharanpur. The respondent No. 2, who is the landlord of the disputed shop moved a combined application under Section 21 (1) (a) and 21 (1) (b) of U. P. Act No. XIII of 1972 (hereinafter referred to as 'Act') against the petitioner, who is the tenant of the shop being P. A. No. 7 of 1985. The said application for release of the respondent No. 2 was rejected by the prescribed authority, Saharanpur by Judgment Annexure-8 to the writ petition, on 15.2.1989. Aggrieved by that order, the respondent No. 2 preferred appeal No. 38 of 1989, under Section 22 of the Act which has been allowed by the respondent No. 1 on 17.7.1997 by Judgment, Annexure-11 to the writ petition and he has ordered that the shop in dispute be released in favour of the respondent No. 2. Aggrieved by it, the petitioner-tenant has invoked the extraordinary jurisdiction of this Court under Article 226...
Nagar Palika Parishad, Mathura Vs. Rent Control and Eviction Officer a ...
Court: Allahabad
Decided on: Jul-10-2001
Reported in: 2001(3)AWC2144
ORDERB.K. Ratht, J.1. The respondent No. 2 of Writ Petition No. 35498 and petitioner of Writ Petition No. 32706 (hereinafter referred to as 'respondent No. 2'), moved an application under Section 29A of U. P. Act No. XIII of 1972 for enhancement of rent before the respondent No. 1, which is Annexure No. 1 to the writ petition. The application was opposed by the petitioner of Writ Petition No. 35498 (hereinafter called as 'Petitioner'). The respondent No. 1, Rent Control and Eviction Officer. Mathura decided the application vide judgment.Annexure-5 to the writ petition, on 25.5.1999 and enhanced the rent to Rs. 13. 250 per month from Rs. 40 per year. Aggrieved by the order of respondent No. 1. the petitioner has preferred Writ Petition No. 35498 of1999 under Article 226 of the Constitution of India invoking the extraordinary Jurisdiction of this Court with the request that the order, Annexure-5 to the writ petition, be quashed.2. The respondent No. 2 is also not satisfied with the enhan...
Smt. Shaheen Parveen and Another Vs. Ivth Addl. District Judge, Meerut ...
Court: Allahabad
Decided on: Jul-10-2001
Reported in: AIR2001All281
B.K. Rathi, J. 1. The respondent Nos. 3 and 4 filed S-C.C. Suit No. 22 of 1997 against the petitioners in the Court of Judge Small Causes Court. Meerut. for eviction and for recovery of arrears of rent. The eviction was sought alleging that the premises in suit was constructed in the year 1990. The suit having been filed in the year 1997, the provisions of U. P. Act No.XIII of 1972 does not apply to the premises in suit. The suit for eviction as well as for recovery of arrears of rent was decreed by Judge Small Causes Court, Meerut on 18.7.1998 by judgment, Annexure-8 to the writ petition. Aggrieved by it the petitioners preferred SCC Revision No. 375 of 1998. which has been dismissed by respondent No. 1 on 30.3.1999 by judgment. Annexure-9 to the writ petition. Aggrieved by the orders, the petitioners have preferred this writ petition invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India with the request that both the orders. Annexures-8 ...
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