Allahabad Court May 2002 Judgments
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Atar Singh Etc. Vs. State of U.P.
Court: Allahabad
Decided on: May-23-2002
Reported in: 2003CriLJ676
Bhanwar Singh, J. 1. These two appeals arise out of the same judgment dated 22-9-1980, passed by the then VII Additional Sessions Judge. Kanpur. By virtue of the said judgment, the two appellants before this Court were convicted under Section 395, IPC and sentenced to serve five years in jail.2. Yet one more accused, namely, Shrikrishna was also convicted along with the appellants but it could not be ascertained as to whether he filed any appeal or not.3. The factual matrix, in brief, may be recapitulated as below :--Sri Ram Prasad, son of Jia Lal, resident of Hasnapur, P. S. Akbarpur, District Kanpur (as it then was) submitted a report to the Station House Officer of P. S. Akbarpur, with the recitals therein that at about mid-night between 16/17-10-1977 16/17-10-1977 , 3-4 miscreants entered his house and started looting the valuable and on the resistence being offered by the females they were admonished. All the inmates of the house including the informant raised hue and cry, attract...
Radhey Shyam Vs. State of U.P.
Court: Allahabad
Decided on: May-23-2002
Reported in: 2003CriLJ165; [2001(91)FLR991]
Bhanwar Singh, J. 1. This appeal is directed against the verdict of conviction and sentence dated 7-7-1994 whereby the appellant was convicted under Section 20 read with Section 8 of the Narcotics Drugs and Psychotropic Substances Act and sentenced to undergo rigorous imprisonment for two years and a fine of Rs. 2000/-. In default of payment of fine, a further jail term of six months was awarded.2. In brief, the prosecution case was that the appellant Radhey Shyam Gupta was arrested at 5.00 p.m. on 4-9-1992 from the Khandhar of Shiv Baran Singh which is situated in village Palra, police station Chilla, district Banda. A search of the said accused yielded to recovery of 47 1/2 kgs. Ganja. He had no licence to hold in his possession the said quantity of contraband substance. A recovery memo in presence of the Circle Officer was prepared and a copy thereof was handed over to the accused. The said memo was signed, besides the police personnel, by two public witnesses, namely, Bhoora and Sa...
State of U.P. Vs. Sushil Kumar JaIn and ors.
Court: Allahabad
Decided on: May-23-2002
Reported in: 2002CriLJ3667; I(2003)DMC297
Bhanwar Singh, J.1. This appeal is directed against the judgment and order dated June 18,1991, passed by the then II Additional Chief Judicial Magistrate, Muzaffarnagar. By virtue of the said verdict, the respondents were acquitted of the charges Under Sections 198-A, 147, 323 read with Section 149,1.P.C. and Sections 3 and 4 of the Dowry Prohibition Act, 1961.2. A brief narration of the facts leading to this appeal may be noted as follows :Sri Anand Prakash Jain, a resident of Sardhana, District Meerut lodged a First Information Report with the police of Khatauli Police Station, District Muzaffarnagar with the allegations that his daughter Mamta Jain was got married with Sri Sushil Kumar Jain on May 7,1986 and he incurred sizable expenditures in solemnizing that marriage in accordance with his financial capability. However, the accused and his family members started demanding dowry barely eight days after the marriage and amongst other demands, scooter, colour T.V. and V.C.R. figured ...
Bal Krishna Arora Vs. Civil Judge, Agra and ors.
Court: Allahabad
Decided on: May-22-2002
Reported in: 2002(2)AWC1724
S.R. Singh and S.P. Mehrotra, JJ. 1. The petitioner, a Judicial officer of H.J.S. cadre, has moved this application for expunction of certain remarks which find mention in the judgment rendered by this Court on 16.10.1995 in Civil Misc. Writ Petition No. 6424 of 1978, Sri Bal Krishna Arora v. Civil Judge. Agra and Ors.2. The necessary facts which bear on the controversy Involved in this petition are that one Smt. Sharda Devi instituted Civil Suit No. 205 of 1969 as indigent person against Balkrishna Arora and two others for the relief of partition and separate possession of her share in the suit property and for the recovery of Rs. 8,536.79 p. as her share of other Joint properties already sold off by the defendants prior to the institution of suit. The suit culminated in being dismissed on 30.9.1997 with costs on parties attended with the direction that the defendant Balkrishna Arora would defray the required amount of court fee to the State. The writ petition was preferred by defenda...
Dr. Sangita Srivastava Vs. University of Allahabad and ors.
Court: Allahabad
Decided on: May-22-2002
Reported in: 2002(3)AWC2088; (2002)3UPLBEC2502
M. Katju, J. 1. This petition has been filed praying for a mandamus directing the respondents to regularise the service of the petitioner as lecturer in Home Science in the Allahabad University under Section 31 (3) (c) of the U. P. State Universities Act.2. Heard learned counsel for the parties.3. In paragraph 3 of the writ petition, it is alleged that there is a department of Home Science in the Allahabad University in which there are two sanctioned posts of lecturers and one post of Reader. As regards the posts of lecturer in Home Science, one fell vacant in June, 1989 on the retirement of Mrs. S. Tiwari and the other post fell vacant in June, 1991 on the retirement of Mrs. Rohini Bhatt. It is further stated that one post of Reader in Home Science is lying vacant since 1985 after the retirement of Dr. Radha Pant.4. In paragraph 5 of the writ petition, it is alleged that one post of lecturer in Home Science which fell vacant in June, 1989 was advertised vide advertisement No. 6 of 198...
New India Assurance Co. Ltd. Vs. Smt. Jogendra Kaur and ors.
Court: Allahabad
Decided on: May-22-2002
Reported in: 2003ACJ2157; 2002(3)AWC2187; [2002(94)FLR457]; (2002)IIILLJ1005All
G.P. Mathur, J. 1. This appeal by New India Assurance Co. Ltd. has been preferred against the judgment and award dated 12.7.1995 of Workmen's Compensation Commissioner, Muzaffarnagar, awarding compensation to respondent No. 1 on account of death of her husband Harbhajan Singh in an accident. The appeal is not accompanied by a certificate of deposit of the compensation amount awarded to the claimant. 2. Sri Rajeshji Verma, learned counsel for the appellant has submitted that the proviso to Section 30 of the Workmen's Compensation Act (hereinafter referred to as the Act) only lays down that no appeal by an employer under Clause (a) shall lie unless the memorandum of appeal is accompanied by a certificate by the Commissioner to the effect that the appellant has deposited with him the amount payable under the order appealed against and therefore, the requirement of deposit would come into play in an appeal filed by the employer and not where the appeal has been preferred by an Insurance Co...
Udhum Singh and ors. Vs. Central Administrative Tribunal, Allahabad Be ...
Court: Allahabad
Decided on: May-22-2002
Reported in: 2002(3)AWC2163; [2002(94)FLR304]; (2002)2UPLBEC1765
Rakesh Tiwari, J.1. Heard Sri V. P. Shukla and Sri Bhagwati Prasad, learned counsel for the petitioners and Sri Deepak Verma, learned counsel for the respondents and the learned Standing Counsel.2. This writ petition has been filed challenging the order dated 29.8.2001 passed in Contempt Petition No. 88 of 2001 and the order dated 17.9.2001 passed in Review Application No. 75 of 2001, both arising out of O.A. No. 1113 of 1998. Copies of these orders have been annexed as Annexures-1 and 2 to the writ petition.3. The brief facts giving rise to this petition are that the petitioners were engaged by the Deputy Director Military Farms to work as casual labourers in various years from 1989 to 1990. The details of each applicant in this regard is extracted hereunder for ready reference :NameDate of employmentDepartment in which working1.Udhum Singh1.10.1989Cultivation & Cattleyard2.Awadh Narain1990Cultivation & Cattleyard3.Cyan SinghOctober.1990Cattleyard.4.Krishna Prasad1989Cattleyard & Dair...
Narendra Pratap Singh and ors. Vs. Director General of Police, U.P. an ...
Court: Allahabad
Decided on: May-22-2002
Reported in: 2002(3)AWC2176; (2002)3UPLBEC2304
Ashok Bhushan, J.1. This bunch of writ petitions raise common questions, hence are being decided by this common judgment. In Writ Petition No. 34039 of 2001, counter-affidavit, supplementary counter-affidavit, rejoinder-affidavit and supplementary rejoinder-affidavit have been filed and pleadings of both the parties have been brought on record in details, hence the pleadings are being referred from that writ petition.2. In view of the fact that the affidavits have been exchanged, both the parties have agreed that all the writ petitions be finally decided. Consequently, with the consent of the parties, all the writ petitions are being finally decided.3. I have heard Sri Vijay Bahadur Singh, senior Advocate, Sri S. M. A. Qazmi, Sri V. K. Shukla, Sri Om Prakash Misra, Km. Arm Jalswal and Sri Vijai Sinha for the petitioners and Sri Satyandra Nath Srivastava, learned standing counsel for the respondents.4. The facts of the case which emerge from the pleadings of the parties are that an adve...
Abdul Shafiq Hanfi and ors. Vs. Deputy Director of Education, Allahaba ...
Court: Allahabad
Decided on: May-22-2002
Reported in: 2002(3)AWC2247; (2002)3UPLBEC2086
S.K. Singh, J. 1. These are three writ petitions by which one and the same order of the District Inspector of Schools has been challenged. For the purpose of convenience, Writ Petition No. 22838 of 2001 is being taken as the leading case and that will govern other two writ petitions. 2. In district Allahabad, there is an intermediate college known as Majidia Islamia Intermediate College (hereinafter referred to as the college). The aforesaid college is Government aided and is a minority institution. On account of retirement of the existing staff, vacancy on the post of Assistant Teacher in L.T. grade for various subjects came into existence for which in pursuance of the advertisement, petitioners covered by these three writ petitions claim to have been selected. By the order impugned in this petition dated 4.4.2001, approval to the petitioners' appointment have been refused. After receipt of the order of the District Inspector of Schools, management appears to have made a representatio...
Smt. Shakuntala Alias Brahmo Devi Vs. Director of Pension and ors.
Court: Allahabad
Decided on: May-22-2002
Reported in: 2002(3)AWC2241; (2002)3UPLBEC2521
Ashok Bhushan, J. 1. Heard Sri Sanjay Tripathi, counsel for the petitioner and Sri Ajay Bhanot, learned Standing Counsel appearing for the respondents. Counter and rejoinder-affidavits have been exchanged and both the parties have agreed that the writ petition itself be finally decided. Consequently, the writ petition is being finally decided.2. Facts of the case as emerge from the pleadings of the parties are that the petitioner's husband late Sri Som Dutt Sharma was appointed as Panchayat Mantri on 12th August, 1958 in Vikas Khand, Budhana, District Muzaffarnagar. The post of Panchayat Mantri was designated as Gram Vikash Adhikari. He continued to work on the post till 21.12.1992 on which date he was compulsorily retired invoking the provisions of Fundamental Rule 56 of Financial Hand Book Vol. II, Part II to IV. At the time of compulsory retirement, Som Dutt Sharma was working on the post of Gram Panchayat Adhikari, Zila Panchayat Raj Adhikari, Muzaffarnagar vide his letter dated 14...
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