Allahabad Court May 2002 Judgments
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NaraIn Singh and ors. Vs. State of U.P.
Court: Allahabad
Decided on: May-03-2002
Reported in: 2003CriLJ189
1. This is an appeal filed by four above named appellants against the judgment and order dated 30-5-1981 passed by the then 1st Addl. District & Sessions Judge, Saharanpur in Session Trial No. 413/79 convicting and sentencing all the appellants to imprisonment for life under Section 302 read with Section 34, IPC. The appellants have further been convicted and sentenced to three years R.I. each under Section 324 read with Section 34, IPC.2. The prosecution case in brief is that on 30-3-1979 Kunwarpal deceased of this case was assaulted by appellants Gandhi, Kunwarpal and their brothers Narendra and Jaihind as well as Bhushan-brother of accused Ramesh. A report of this incident was lodged by Kunwarpal deceased and a cross report was lodged by accused Ramesh against deceased Kunwarpal, Vikram and others. It is further alleged that in August 1976 accused Gandhi, Kunwarpal and others had assaulted Charan of Sukharatal leading to their prosecution in which accused Kunwarpal and others were c...
Krishna Murari and ors. Vs. Iiird Additional District and Sessions Jud ...
Court: Allahabad
Decided on: May-02-2002
Reported in: 2002(4)AWC2784
Anjani Kumar, J.1. After hearing the learned counsel for the parties on 2nd May, 2002, the review application was rejected by me for the reasons to be recorded later on. Now here are the reasons for rej ecting the review application.2. Petitioners-applicants filed the petition before this Court being Writ Petition No. 14809 of 2001. This writ petition was heard and decided by Hon'ble Mr. Justice O.P. Garg, as he then was. This Court vide its judgment and order dated 19th April, 2001, while dismissing the petition granted time till 31st December, 2001, for vacating the shop in question.3. Petitioners have challenged the order passed in this Court before the Hon'ble Supreme Court by means of Special Leave Petition (Civil) No. 9224 of 2001. This special leave petition was dismissed by Hon'ble Supreme Court. The order passed by the Hon'ble Supreme Court runs as under :'Mr. P.S. Mishra, learned senior counsel urged that the High Court has not considered the subsequent event that has taken p...
Abdul Aziz Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-01-2002
Reported in: 2002(3)AWC1802
S.N. Srivastava, J. 1. By way of this writ petition, the petitioner has challenged the order passed by the Additional District Magistrate (Administration), Moradabad, cancelling Licence No. 3568 of DBBL Gun No. 1006/1048 D/7. The order was confirmed by order dated 28.5.1992 in Appeal No. 215 of 1991-92 under Section 18 of the Arms Act. 2. Sri Ashok Nath Tripathi, learned counsel for the petitioner urged that for revocation of licence in exercise of power under Section 17(3) of the Arms Act, any of five conditions mentioned must be satisfied. He further urged that no finding has been recorded by licensing authority or appellate authority on any of the grounds contained under Section 17(3) of the Act and sole basis for proceeding under Section 17(3) of the Act is the registration of criminal case against the petitioner under Sections 147, 148, 149. 307, I.P.C. and pendency of proceedings under Sections 107/117, Cr. P.C. but none of the cases are pending. He further states that no show ca...
Satyendra Nath Srivastava Vs. Ist Additional District Judge, Varanasi ...
Court: Allahabad
Decided on: May-01-2002
Reported in: 2002(3)AWC1799A
Anjani Kumar, J. 1. This writ petition by the petitioner claiming that the respondent Nos. 3 and 4 are the tenant filed an application under Section 21(1)(a) of U.P. Act No. 13 of 1972 for the release of the accommodation which according to the respondents is only a tin-shed erected by them on the land which was settled down with them by the erstwhile, landlord. The prescribed authority after going through the records has found that there is no relationship of the landlord and tenant between the petitioner and respondent Nos. 3 and 4. Petitioner preferred an appeal. The appellate authority endorsed the findings recorded by the prescribed authority and have held that since serious dispute of title has been raised denying the right of the petitioner for either land or premises which can be settled down only by regular civil court, so application under Section 21(1)(a) will not be maintainable. It is these findings, which are tried to be assailed by the petitioner solely relying upon the ...
Dr. Aparna Ghosh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-01-2002
Reported in: 2002(3)AWC1904; (2002)3UPLBEC2192
M. Katju and Rakesh Tiwari, JJ.1. Heard Sri Manish Goyal, learned counsel for the petitioner and the learned standing counsel for the respondents.2. The petitioner is a bonded lady doctor appointed under a scheme of the U. P. Government. She has filed this writ petition seeking a direction in the nature of mandamus directing the respondents to give the benefit of continuity of her service for the period 12.8.1973 to 26.1.1975 and to grant her all consequential service benefits including seniority, etc.3. The petitioner was initially appointed as a bonded lady doctor under the Scheme of the U. P. Government on 12.8.1973, Annexure-1 to the writ petition, and this bonded period was extended for another one year vide Annexure-2 to the writ petition.4. During the time when the petitioner was serving as a bonded lady doctor with the respondents, the State Government permitted all the bonded lady doctors to apply for appointment under the Provincial Medical Health Service/P.M.S.W., which requ...
Smt. Satyawati and ors. Vs. Prescribed Authority, Etawah and ors.
Court: Allahabad
Decided on: May-01-2002
Reported in: 2002(3)AWC2036
Anjani Kumar, J. 1. Heard learned counsel appearing on behalf of the petitioners and the learned standing counsel representing the State-respondents. 2. This is a writ petition filed by petitioners-tenant against whom the prescribed authority has passed the order dated 8.12.2000 directing to proceed with the case ex parteagainst the petitioners-tenant. Thereafter petitioners filed an application on 15.12.2000 to recall the order dated 8.12.2000 by which the direction was issued to proceed ex parte against the petitioners. This application has been rejected by the trial court on 2.2.2001. The petitioners filed another application to recall the order dated 2.2.2001 and also the order dated 8.12.2000. This application has also been rejected by the impugned order dated 15.3.2002. Learned counsel for the petitioners has submitted that a perusal of the order dated 3.11.2000 of the order sheet, it is clear that the service of notice has been held sufficient on a statement made on behalf of th...
State of U.P. Vs. Girja and ors.
Court: Allahabad
Decided on: May-01-2002
Reported in: 2002CriLJ3582
U.S. Tripathi, J.1. This appeal has been preferred by the State of U.P. against the judgment and order dated 28-2-1979 passed by Sri D.R. Singh, the then learned IIIrd Additional Sessions Judge, Ballia in Sessions Trial No. 178 of 1978 acquitting the accused opposite parties of the charges under Section 302 read with Section 34, I.P.C.2. The prosecution story, briefly stated, was that respondent Girija was the nephew of Ram Adhar (accused died before trial) and accused Subhas Yati is nephew of accused Nandu. All the accused respondents and Ram Adhar were of the same party and were the residents of village Narni Ki Mathia, P.S. Rasra, district Ballia, Sarju Bharti deceased, resident of same village, had initiated a criminal case of theft against Ram Adhar, in which he was convicted and conviction was maintained up to this Court. On account of it Ram Adhar was having enmity with the deceased.3. Sarju Bharti deceased had his hut (Palani) towards east of his house. On the night of 16/17-3-...
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