Allahabad Court January 2002 Judgments
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Kamlapati Misra and ors. Vs. State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Jan-18-2002
Reported in: 2002CriLJ2080
ORDERS.K. Agarwal, J.1. Heard learned counsel for the applicants, Sri K.D. Dubey learned counsel for the complainant and learned A.G.A.2. The main thrust of the contention raised by learned counsel for the applicant is that the Apex Court in a case reported in AIR 1999, SC 3524(Raj Deo Sharma v. State of Bihar) has laid down certain criteria for discharging an accused in a case which remained pending for more than 2 years if punishable with imprisonment for 7 years R.I. The present offence was tried under Section 325 I.P.C. and it is further contended that nearly four years have elapsed and the trial has not yet concluded. As per ordersheet of the trial Court most of the time the guilty party was the prosecution itself. But from a careful perusal of the order of the learned trial Court it is revealed that on 3 or 4 dates adjournment was obtained by the accused persons and on several dates the trial Judge itself was on leave and some time has also been lost because of the vacancy of the...
Subhash Chaturvedi Vs. Ivth Addl. District Judge, Mathura and ors.
Court: Allahabad
Decided on: Jan-17-2002
Reported in: 2002(1)AWC756
A.K. Yog, J.1. Subhash Chaturvedi, the petitioner in the present petition under Article 226, Constitution of India, seeks to challenge the Impugned order dated 6.8.2001 whereby the respondent No. 1 (IX Additional District Judge) as the appellate authority under Section 22 of the Act No. 13 of 1972 rejected his application for his impleadment as one of the appellants (paper No. 64 Ga) in Rent Appeal No. 96 of 1999. even though he has been impleaded (by other legal representatives heirs of erstwhile deceased tenant, Murli Dhar Chaturvedi), as proforma respondent.2. The relevant facts of the case, for the purposes of deciding present writ petition, are not in dispute and may be noted.3. Murli Dhar Chaturvedi, (father of the petitioner) was the tenant of a shop (non-residential accommodation in the municipal limit of Mathura City in U. P.) called the 'accommodation in question' and Shri Krishna Chaturvedi (respondent No, 2) the landlord of the same. A release application under Section 21 (...
Asha Ram Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-17-2002
Reported in: 2002(1)AWC809; [2002(92)FLR961]; (2002)IIILLJ107All; (2002)1UPLBEC753
M. Katju and S.K. Singh, JJ.1. Heard learned counsel for the parties.2. The petitioner is challenging the suspension order dated 28.4.2001. We have perused the impugned suspension order and we find that serious allegations of financial irregularities have been made in the same. Hence we are not inclined to interfere with the impugned order.3. Learned counsel for the petitioner referred to the G.O. dated 31,3.1984. Annexure-4 to the writ petition in which it has been mentioned that if the charge-sheet has not been served within six months the suspended employee should be reinstated. In our opinion, this G.O. is only directory and not mandatory. There may be cases where very serious allegations are made against a person and that person may be of such a nature that he manages to see to it that charge-sheet is not served on to him within six months and then he may claim that he should be automatically reinstated. We do not accept this argument of the learned counsel for the petitioner.4. H...
Triveni Structurals Executive Association and anr. Vs. Triveni Structu ...
Court: Allahabad
Decided on: Jan-17-2002
Reported in: 2002(3)AWC2021
M. Katju and S. K. Singh, JJ. 1. This writ petition has been filed praying for writ of certiorari to quash the Impugned circular dated 30.5.1997 to the extent of revision of pay scale of Assistant Engineers/ Assistant Officers in the service of respondent No. 1 and for a mandamus directing the respondent to revise the pay scale of members of the petitioner association from their existing pay scale of Rs. 2,000-100-3,600 to the pay scale of Rs. 3,500-150-6,200 as sanctioned by the Government on 19.7.1995 and as approved by the Government of India on 24.4.1997. 2. Heard learned counsel for the parties. 3. The petitioner No. 1 is an Association representing its members -who are employees of the respondent No. 1 Triveni Structurals Ltd., Allahabad. In paragraph 5 of the petition, it is alleged that the last revision of pay scale and facilities of the Executives of Triveni Structurals Ltd. as also of other Public Sector Undertakings of Government of India was done with effect from 1.1.1987 ...
Hari Krishna Lal Vs. Atal Bihari Bajpai
Court: Allahabad
Decided on: Jan-17-2002
Reported in: AIR2003All128
ORDERU.K. Dhaon, J.1. The petitioner whose nomination paper was rejected by the Returning Officer has filed the instant petition under Section 81 read with Section 100(1)(c) of the Representation of the People Act, 1951 (hereinafter referred as the Act) challenging the election of 13th Lok Sabha from 20 LucknowParliamentary Constituency which was held in the year 1999 in which the respondent was declared elected.2. On 7th January, 2000 notice was issued by this Court to the respondent for filing written statement. On behalf of the respondent an application under Section 86 of the Act read with Order 6, Rule 16, Order 7, Rule 11 and Section 151 of the Civil Procedure Code was moved with a prayer that the present election petition be dismissed in limine as the petitioner has no right to file the petition under Section 81 of the Act. It was also stated, inter alia, that the petitioner was not a 'duly nominated candidate' as no affidavit was filed by him, as required, and as such he had no...
Bobby and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-17-2002
Reported in: 2002CriLJ2227
ORDER1. These two petitioners arraigned as accused for the offence punishable under Sections 363 and 366 I.P.C. in case crime No. 321 of 2001 P.S. Sirsaganj District Firozabad have filed this writ petition under Article 226 of the Constitution seeking quashing of the FIR and restraining the police to arrest them in the aforesaid case. Briefly stated the prosecution case as borne out from the FIR, copy whereof at annexure-5, is that on 12th November, 2001 Km.Sangeeta aged about 14 years daughter of Sanjeev Kumar, the informant had been to market during day hours but did not return. A search was made in course of which two persons namely, Sunil and Shivkant disclosed that they had seen Sangeeta going with the present petitioners. The informant made a written complaint to the police on the basis of which the aforesaid case has been registered under Sections 363 and 266 I.P.C.2. The case of the petitioners as stated in the writ petition is that the informant, father of Sangeeta was tenant ...
Chhajoo Vs. the State
Court: Allahabad
Decided on: Jan-17-2002
Reported in: 2002CriLJ2066
ORDERU.S. Tripathi, J.1. This revision has been directed against the judgment and order dated 18-5-1982, passed by learned Sessions Judge, Agra in Criminal Appeal No. 27 of 1982, dismissing the appeal and confirming the conviction of the applicant under Section 7/16 of the Prevention of Food Adulteration Act and sentence of R.I. for a period of six months and fine of Rs. 2000/-recorded by the Munsif Magistrate First Class, Agra in Criminal Case No. 44 of 1980, vide order dated 5-2-1982.2. The prosecution case briefly stated was that on 25-6-1976 at about 10.30 p.m. the Food Inspector found the applicant, selling milk in a Tanki of 40 litres capacity, containing 10 litres of milk. The Food Inspector disclosed his identity gave notice to the applicant and purchased 660 ml of milk after paying Rs. 1.30. He disclosed that the sample would be sent for analysis. The Food Inspector divided the sample into three equal parts, added formaline in each part and kept the sample in three dry and cle...
Lalji Shukla and anr. Vs. Election Commission of India and ors.
Court: Allahabad
Decided on: Jan-16-2002
Reported in: (2002)1UPLBEC550
1. Heard Shri U. N. Sharma, learned counsel for the petitioners, Shri S. K. Mendlratta and Shri S. N. Srivastava for the Election Commission and Shri Pradeep Kumar for the State Government.2. This writ petition has been filed against the impugned order of the Election Commission of India dated 28-12-2001, Annexure-1 to the writ petition and the subsequent transfer order dated 13-1-2002, Annexure-2 to the writ petition.3. The petitioners are U.P. Government servants Petitioner No. 1 is the S.P. City and petitioner No.2 is Addl. S.P. (Yamuna Paar) Allahabad. Both the petitioners have been posted at Allahabad for more than four years. Petitioner No. 1 joined as Addl. S.P. City on 25-4-1998 and prior to that he was posted in 42 Bn. P.A.C. Nalni, Allahabad and he has admittedly completed more than four years in Allahabad District, similarly petitioner No.2 was posted as Addl. S.P. (Yamuna Paar) Allahabad on 25-4-1998 and prior to that he was posted as Addl. S.P. City Allahabad and thus admi...
Mohd. Ayub and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-16-2002
Reported in: 2002(2)AWC887; (2002)2UPLBEC1104
R.B. Misra, J. 1. Heard learned counsel for the petitioners and learned standing counsel for the respondents.2. By this writ petition, the petitioners have prayed for full salary admissible under the Rules along with other emoluments including dearness allowance and house rent allowance, etc. to be provided to them. The petitioners have further prayed that the letter dated 3.5.1994 (Annexure-5 to the writ petition) passed by the Additional. Director of Education (Basic) Region I, Meerut addressed to the Director Urdu. U. P. at Lucknow be complied with.3. The Anjuman Islamlya Education Society, Kerana, district Muzaffarnagar, is a Society, registered under the Societies Registration Act. 1860. The said Society established a Primary School, known as 'Maktab Islamiya (Junior Basic Vidayalaya), Kerana, district Muzaffarnagar, which is engaged in imparting education in Urdu Medium up to Primary Level. This Society has also established a Junior High School, which was known as Jakir Memorial ...
National Talkies and anr. Vs. District Magistrate/Licensing Authority ...
Court: Allahabad
Decided on: Jan-16-2002
Reported in: 2002(2)AWC1057
Ashish N. Trivedi and M.A. Khan, JJ.1. Heard Sri S. K. Mehrotra, learned counsel for the petitioners and Sri Rajiv Sharma, learned standing counsel for the State respondents.2. By the impugned order dated 4.1.2002 the District Magistrate, Sultanpur in exercise of powers conferred under the proviso to subsection (2) of Section 15 of the U. P. Entertainments and Betting Tax Act, 1979 (hereinafter referred to as Act) ordered the suspension of the cinematograph licence of the petitioners and called upon them to show cause with regard to the allegations made in the order of suspension.3. Sub-section (3) of Section 15 of the Act provides that any person aggrieved by an order revoking or suspending any permission or licence may, within 15 days from the date of communication of such order, prefer an appeal to the State Government in the manner prescribed and the order of the appellate authority shall be final.4. Sri S. K. Mehrotra, learned counsel for the petitioners submitted that in the fact...
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