Allahabad Court October 2002 Judgments
Sri Kant Vs. State
Court: Allahabad
Decided on: Oct-31-2002
Reported in: 2003CriLJ3150
M.C. Jain, J.1. Appellant-Sir Kant and his real brother Rama Kant faced trial before the then Vth Addl. Sessions Judge, Kanpur in Sessions Trial No. 240 of 1979. The charge against the appellant-Sri Kant was of Section 302, I.P.C., whereas, his brother Rama Kant faced trial under Section 120B, I.P.C. read with Section 302, I.P.C. By the judgment dated 10-6-1980 recorded by the trial Court, Rama Kant was acquitted but the appellant-Sri Kant was convicted under Section 302, I.P.C. and sentenced to life imprisonment. Aggrieved, he has preferred this appeal.2. The incident took place in between 28/29. 5.79 at about 1 a.m. in village Sen Paschim Para, P.S. Bidhnu, District Kanpur. The F.I.R. was lodged on 29-5-1979 at 6.20 a.m. by one Vishwa Nath Dubey. The distance from the place of occurrence to the police station was 7 miles. The victim of the offence was Sheo Adhar. He was allegedly shot dead by the present appellant. The facts, shorn of superficialities, are that on 28-5-1979 there, wa...
Tag this Judgment!Smt. Lalti Devi Vs. Commissioner and ors.
Court: Allahabad
Decided on: Oct-31-2002
Reported in: 2003(3)AWC1812
Anjani Kumar, J.1. This writ petition has been filed against the order dated 15.6.1996 passed by Sub-Divisional Officer, Tamkuhiraj, District Padrauna now Kushi Nagar by which he has decided the Case No. 42 of 1994 under Section 123 (2) of U.P.Z.A. and L.R. Act.2. The facts leading to filing of the aforesaid application before the Sub-Divisional Officer and rejection thereof are that the respondents in the present writ petition have filed an application before the Sub-Divisional Officer as contemplated under . U.P.Z.A. and L.R. Act for change of the user of the land of agriculture to abadi on the ground that these persons are Lohar by caste and are agricultural labourers and thus entitled for the aforesaid land, which is occupied by them for residential purposes. The report was submitted by the Tehsildar. The Sub-Divisional Officer converted the user of the aforesaid respondents under the provisions of U.P.Z.A. and L.R. Act. The applicants raised an objection that the land was original...
Tag this Judgment!Gulab Singh Vs. Iiird Additional District Judge and ors.
Court: Allahabad
Decided on: Oct-31-2002
Reported in: 2003(3)AWC2215
ORDERAnjanl Kumar, J.1. Heard learned counsel for the parties. 2. This writ petition under Article 226 of the Constitution of India filed by Gulab Singh, judgment debtor aggrieved by the execution of decree passed in Original Suit No. 30 of 1983, which was decreed by Civil Judge, Fatehpur, vide its order dated 21.11.1985. Thereafter judgment debtor, present petitioner preferred a regular appeal against the said judgment and decree passed by Civil Judge, Fatehpur. The said appeal was dismissed by lower appellate court and the decree was confirmed. The decree holder thereafter preferred execution of the decree, which has been registered as Execution Case No. 4 of 1988 for recovery of the decretal amount against the judgment debtor. The immovable property of the Judgment debtor relating to Gata No. 348 was attached on 18.2.1988 by Civil Judge, Fatehpur and the same was put to public auction, which was conducted in presence of the judgment debtor on 15.2.1993. The highest bid in the afores...
Tag this Judgment!Sone Lal Sankhwar Vs. Chairman-cum-managing Director, U.P. Power Corpo ...
Court: Allahabad
Decided on: Oct-31-2002
Reported in: (2003)1UPLBEC95
N.K. Mehrotra, J.1. The petitioner, Sone Lal Sankhwar, was an Executive Engineer in U.P. Power Corporation Ltd. He was compulsorily retired by the respondent on 22.4.2002. He has filed this writ petition for quashing the order 22.4.2002 retiring him compulsorily. He was promoted thrice and the third promotion was granted on 26.11.2001. He put in 24 years of service and according to him his annual confidential report has been good and excellent and his integrity has been certified throught-out. According to the petitioner, the only blot in his career are the censure entries dated 23.4.1991, 11.12.1991 and 9.7.21001 and against all these censure entries representations are pending before respondent No. 1. The censure entries are of minor nature. These censure entries were ignored at the time of his promotion in the time scale vide order 26.11.2001. He has challenged the order of compulsory retirement on the grounds that his censure entries prior to the date of promotion cannot be conside...
Tag this Judgment!Fakre Alam Vs. Director General, Central Reserve Police Force and ors.
Court: Allahabad
Decided on: Oct-31-2002
Reported in: (2003)1UPLBEC103
Sunil Ambwani, J.1. By this writ petition, petitioner has prayed for quashing impugned order No. R-II-23/2001 STGA-5, dated 28.4.2001 passed by Additional Deputy Inspector General of Police, Group Centre, Central Reserve Police Force, Lucknow (U.P.) and has also prayed for a writ of mandamus directing the respondents to re-examine petitioner again by Dr. (Smt.) Siddiqui, Member of Recruitment Board and allow the petitioner to rejoin in service and to pay his salary.2. I have heard Sri C.B. Yadav, learned Counsel appearing for petitioner and learned Additional Standing Counsel for respondents.3. Brief facts of this case are that the Inspector General of Police C/S, Central Reserve Police Force, Lucknow, vide advertisement dated 20.10.2000, invited applications from male candidates for the post of Constable (GD) in CRPF from the residents of State of Uttar Pradesh. Petitioner applied for the said post and was found fit during the recruitment process. He was issued offer of appointment wi...
Tag this Judgment!Kishori Prasad Vs. Iiird Additional District Judge and ors.
Court: Allahabad
Decided on: Oct-30-2002
Reported in: AIR2003All58
ORDERS.N. Srivastava, J.1. This petition has been filed canvassing the validity of the judgment dated 24-1-1983 passed by the Revisional Court thereby allowing the revision and holding suit not maintainable in Civil Courts. As a necessary consequence, the judgment dated 22-8-82 passed by Munsif Havali Varanasi in O.S. No. 141 of 1982 was reversed.2. The facts may be stated in brevity and with appropriateness and they are that petitioner Kishori Prasad instituted a declaratory suit claiming that sale deed executed on 17-4-1981 was void document and the same be declared as void and communication be made to the Registrar Varanasi accordingly. The further relief claimed in the suit is for injunction and for possession. According to the plaint allegations, the land in dispute is a plot bearing No. 92/1 admeasuring 6 decimal situated in village Rohta, District Varanasi that one Hanuman arrayed as defendant No. 2 was Bhumidhar of the land in dispute; that the claim of the plaintiff was based ...
Tag this Judgment!Vinesh Kumar Vs. Saghir Ahmad
Court: Allahabad
Decided on: Oct-30-2002
Reported in: 2003(1)AWC736
S.P. Mehrotra, J.1. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for quashing the judgment and order dated 22.10.2002, passed by the learned Additional District Judge, (Court No. 3), Meerut (Annexure-6 to the writ petition) and the judgment and order dated 31.8.2002, passed by the learned Judge, Small Cause Court/Prescribed Authority. Meerut (Annexure-5 to the writ petition).2. The dispute relates to a shop situated in Mohalla Sarai Afganan, Kasba Sarthana, District Meerut, the details whereof have been given in the release application. The said shop has, hereinafter, been referred to as 'the disputed shop'.3. From the allegations made in the writ petition, it appears that the landlord-respondent filed a release application under Section 21 (1) (a) of the U. P. Act No. 13 of 1972 (in short 'the Act') against the tenant-petitioner for the release of the disputed shop.4. It was, inter alia, alleged in the said rel...
Tag this Judgment!Smt. Kaneez Hasrat-ul-nisa Vs. Chief Engineer, U.P. Power Corporation ...
Court: Allahabad
Decided on: Oct-29-2002
Reported in: 2003(1)AWC201
M. Katju and Rakesh Tiwari, JJ. 1. Heard Sri V. K. Burman, learned senior advocate for the petitioner and Sri Anil Mehrotra, learned counsel for the respondents. 2. We have perused the petition, counter-affidavit and rejoinder-affidavit. 3. It appears that the petitioner had obtained a succession certificate dated 18.1.1990 (Annexure-1 to the writ petition) in respect of certainproperties of her late husband Jamshed Alam. One Samrun Nisa also claiming to be wife of Jamshed Alam filed an application for revoking the order dated 18.1.1990 but that application was rejected on 23.8.1991. Against the order dated 23.8.1991, she filed an appeal before the District Judge being Appeal No. 461 of 1991, which was allowed by the judgment and order dated 7.8.1996. Against the Judgment dated 7.8.1996, the petitioner filed a writ petition being Civil Misc. Writ Petition No. 31895 of 1996, which was allowed on 9.8.1999, Consequently, the judgment dated 18.1.1990, granting succession certificate to the...
Tag this Judgment!Ashok Kumar Dublish Vs. Ajeet Kumar Dublish and anr.
Court: Allahabad
Decided on: Oct-29-2002
Reported in: 2003(2)AWC1146
S.P. Mehrotra, J.1. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for quashing the order dated 6.9.2002 (Annexure-7 to the writ petition) passed by the learned Additional District Judge (Court No. 8), Meerut in S.C.C. Revision No. 131 of 1998. 2. The dispute relates to a shop No. 57, Nagarpalika No. 1605/27 situated in Gol Market, Mohalla Munna Lal, Kasba Mawana Kalan. Tehsil Mawana, District Meerut. The said shop has, hereinafter, been referred to as 'the disputed shop'. 3. From the allegations made in the writ petition, it appears that the plaintiff-respondent No. 1 filed a suit against the defendant-respondent No. 2 for ejectment and arrears of rent etc. in respect of the disputed shop. The said suit was registered as S.C.C. Suit No. 297 of 1993. A copy of the plaint has been annexed as Annexure-3 to the writ petition. 4. It was, inter alia, alleged in the said suit that the plaintiff-respondent No. 1 was the ...
Tag this Judgment!Subedar and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Oct-29-2002
Reported in: 2003CriLJ1090
M.C. Jain, J.1. The appeal has been filed by Salamatullah and his son Subedar against judgment dated 5-2-1981 passed by Sri B.K. Sharma, the then IV Additional Sessions Judge, Sharanpur in S.T. No. 107 of 1980. Subedar has been convicted under Section 324, I.P.C. and sentenced to 2 1/2 years rigorous imprisonment. Salamatullah has been convicted under Section 324 read with Section 109, I.P.C. and sentence to same period of rigorous imprisonment.2. The facts may be narrated in nutshell. The occurrence took place on 27-7-1978 at about 2 p.m. in Village Idaratpur Chack Bakenia Police Station Nigohi, District Sharanpur where the parties reside. Jwar and chilli crops were there in the fields of the complaiant Devi Giri PW 2 and the cattle of the appellants entered into his fields, grazed and devastated the crop. The complainant remostrated to the appellants who were standing in the lane. They got annoyed and two sides traded abuses. The appellant Salamatullah asked his son Subedar to bring ...
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