Allahabad Court July 2002 Judgments
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Siddhu and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-19-2002
Reported in: 2002CriLJ4546
R.K. Dash, J.1. Murahoo alias Manendra (hereinafter referred to as 'the deceased'), a young and able bodied man aged twenty seven years met tragic death while in police custody of Golhaura police station in 1998. Petitioners No. 1 and 2 are the father and mother and petitioner No. 3 is the widow of the deceased.2. The case of the petitioners is that deceased, the sole bread winner of the family was taken to the police station on 14-10-1998, kept in lock up and was done to death by the police officials. The case of respondents-police officers including Superintendent of Police, Siddharthnagar is that the deceased, while in police lock-up, committed suicide.3. The facts adumbrated in the pleading of the parties may be stated thus :An F.I.R. was lodged on 10-10-1998 by one Jugul Kishore Tiwari alleging that his daughter was enticed away by the deceased and two others. On the basis of the said report police registered case crime No. 91 of 1998, under Sections 363/366, I.P.C. and the deceas...
Munna Vs. the State and anr.
Court: Allahabad
Decided on: Jul-19-2002
Reported in: 2002CriLJ4274
K.K. Misra, J.1. Present appeal is preferred against the judgment and order dated 12-4-1996 passed by Sri S.K. Ratoori 1st Additional District Judge, Siddharthnagar convicting the sole appellant Munna under Section 20(b)(2) and Section 23 of Narcotic Drugs and Psychotropic Substances Act (in short N.D.P.S.) Act sentencing him with 15 years rigorous imprisonment and a fine of Rs. 1,00,000/- and further in default of payment of fine rigorous imprisonment for 2 years.2. In brief the case of the prosecution is that on 17-10-1994 at about 6.30 p.m. Inspector Custom Sri B.K. Srivastava, Incharge Custom Station Khunwa, District Siddharth nagar, received an information that a person carrying Charas from Nepal shall be passing through this route. Consequently Sri B.K. Singh PW 1, complainant summoned two independent witnesses and took position near the Barrier to apprehended the culprit. At about 7.00 p. Jeep No. 5560 was seen coming from Nepal side and when it reached near the Barrier the Cust...
Rajendra Kumar Gupta and Others. Vs. State of U.P. Through the Secreta ...
Court: Allahabad
Decided on: Jul-18-2002
Reported in: AIR2002All248
M. Katju, J. 1. Learned Government Counsel may file counter affidavit within one month.2. Until further orders, we stay the arrest of the Petitioners in case crime No.289 of 2002, under Section 272, 273, 274 IPC an 7/116 of P.P. Act P.S. Govind Nagar District Kanpur Nagar but the investigation may go on.3. The allegations against the Petitioners are that they were making fake Pan Masala. The Learned counsel for the Petitioners has staled that the Petitioners do not manufacture Pan Masala at all and they are manufacturingindustrial Kachh, which is used for industrial purpose.4. Pan Masala and Gutkha have been clearly established by scientifictests to be hazardous to, the life of the people who consume them as they arecarcinogenic (cancer causing) substances. The incidence of mouth cancer is very high in these areas where Pan Masala and Gutka are consumed. Even the school going children have started consuming these harmful things, and it is reported that two crore young people are consum...
Wasim Adil Khan and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-18-2002
Reported in: 2002(4)AWC2649
Sudhir Narain and O.P. Srivastava, JJ.1. The petitioners have sought for a writ of certiorari quashing the order dated 19.1.1993 passed by the Collector fixing circle rate in regard to village Modha, district Firozabad.2. We have heard Sri Rakesh Pandey, learned counsel for the petitioners, and Sri C. K. Rai, learned standing counsel for the respondents.3. The petitioners purchased plot No. 207, area 13-2-7 of irrigated land in village Modha. The Registrar while determining the value of the land for the purpose of determining the stamp duty payable by a purchaser takes into account the circle rate fixed by the Collector. The Collector has fixed the circle rate by the impugned order dated 19.1.1993. 4. The learned counsel for the petitioners raised two-fold arguments. Firstly, he contended that the Collector is to fix circle rate after expiry of two years as provided under Clause (1) of Rule 340A and the second contention is that the Collector has fixed the circle rate arbitrarily witho...
Abdul Wadood Vs. Xivth Additional District Judge and ors.
Court: Allahabad
Decided on: Jul-18-2002
Reported in: 2002(4)AWC2698
Anjani Kumar, J.1. This is tenant's writ petition challenging the order of the trial court and affirmed by the revisional court in a revision filed under Section 25 of the Provincial Small Cause Courts Act.2. The admitted fact is that the landlord-respondent filed a suit for arrears of rent and ejectment against the petitioner-tenant. Learned counsel for the petitioner argued that a notice terminating the tenancy has not been duly served on the petitioner-tenant. This Court in exercise of powers conferred under Article 226 of the Constitution of India will not sit in appeal over the findings recorded by the trial court and affirmed by the revisional court to the effect that the notice determining the tenancy is duly served on the petitioner-tenant. There is yet another ground on which this writ petition can be disposed of.3. Admittedly, since the petitioner has not complied with the provisions of Rule 5, Order XV of Code of Civil Procedure, their defence is struck off. The grievance of...
Sonebhadra Minor Mineral Lease/Permit Holders Association and ors. Vs. ...
Court: Allahabad
Decided on: Jul-18-2002
Reported in: 2002(4)AWC2791
M. Katju and D. R. Chaudhary, JJ.1. Heard counsel for the parties.2. The petitioner No. 1 is an Association of Minor Mineral Lease Holders of Sonebhadra district, and the other petitioners are its members. They have challenged the validity of the U. P. Transit of Timber and other Forest Produce Rules, 1978. The validity of the Rules has been upheld by Hon'ble the Supreme Court in State of U. P. and Ors. v. Sitapur Packing Wood Suppliers etc. JT 2002 (4) SC 341.3. Learned counsel for the petitioners submitted that the U. P, Transit of Timber Rules will not apply to a Minor Mineral as it is not a forest produce. In this connection, Section 2(4)(b)(iv) of the Forest Act states that forest produce includes minerals (including lime-stone, laterite, mineral oils, and all products of mines or quarries) which are found in or brought from a forest. It follows that Ifthe minor mineral excavated was not found in or brought from a forest as defined under the Forest Act, no transit fee can be charg...
Sudhir Kumar Rai and anr. Vs. District Inspector of Schools and ors.
Court: Allahabad
Decided on: Jul-18-2002
Reported in: 2002(4)AWC3114; (2003)1UPLBEC219
A.K. Yog, J.1. Heard Sri S. P. Pandey, advocate on behalf of the petitioners, Sri S. K. Chaubey on behalf of respondent No. 3/Committee of Management, Sarvodaya Kisan Intermediate College, Kauri Ram, Gorakhpur, called the college, Sri Abhinav Upadhyay, learned standing counsel on behalf of respondent Nos. 1 and 2, District Inspector of Schools and another and perused the record.2. The college is a recognised Government aided educational Institution governed by the provisions of U. P. Intermediate Education Act, U. P. Secondary Education Services Commission and Selection Board Act, 1982 and Payment of Salaries of Teachers and other Employees Act. 1971. Narslngh Ral, Lecturer (Civics) and Ram Niwas Rai, Lecturer (Economics) of the college attained the age of superannuation and retired on 30.6.1995. As a consequence thereof, two posts of Lecturer, under promotional quota, fell substantively vacant. Consequently, two Assistant Teachers in L. T. grade, namely, Devi Dutt Singh and Ram Kinkar...
Surendra Patel Vs. District Magistrate and ors.
Court: Allahabad
Decided on: Jul-18-2002
Reported in: 2002CriLJ4566
V.N. Singh, J.1. Writ has been filed by the petitioner for issuing a writ in the nature of habeas corpus and calling for the respondents to release the petitioner forthwith and to issue writ in the nature of certiorari quashing the impugned order dated 4-8-2001 (Annexure-2) and order dated 22-9-2001 (Annexure-4) passed by the respondent, District Magistrate, Allahabad and the State Government respectively and to issue , any other writ order or direction which this Hon'ble Court may deem fit and to award the cost of the petition. 'Brief fact of case is that'2. Smt. Maya Pandey lodged the report in the police station Colenalganj on 15-6-2001 at 12.30 p.m. that she serves as Nurse in Bhola Nursing Home and resides in the house of Smt. Anarkali on rent. On 11 -6-2001 at about 7.30 p.m. she was going to Bhola Nursing Home along with Shri Moti Lal Pandey, who is also an employee in Bhola Nursing Home through Company Garden Gate. Near Company Garden four persons carried her and Moti Lal insid...
Sabir Vs. Jaswant and ors.
Court: Allahabad
Decided on: Jul-18-2002
Reported in: 2002CriLJ4563
ORDERB.K. Rathi, J.1. Heard Sri Tejpal, learned counsel for the petitioner, Sri S. P. Tiwari and Sri Veer Singh, learned counsel for the respondents.2. The petitioner moved an application under Section 156(3), Cr.P.C. for registration of the case and investigation against the respondents for offences under Sections 147, 148, 149, 302, I.P.C. The learned Magistrate has allowed the application on 25-6-2002 and directed the police to register the case and investigate. Against that order, the respondents preferred criminal revision No. , 215 of 2002 before the Incharge Sessions Judge, Agra. The revision was put up before the Additional Sessions Judge, Agra, who has admitted it and stayed the operation of the order of the Magistrate. Aggrieved by it, the present petition has been preferred.3. It has been argued by Sri Tejpal, learned counsel for the petitioner that the Magistrate passing the order under Section 156(3), Cr.P.C. is not a Court and therefore, the criminal revision under Sectio...
Raj Babu Agnihotri Vs. Labour Commissioner and ors.
Court: Allahabad
Decided on: Jul-17-2002
Reported in: 2002(3)AWC2605a; (2002)3UPLBEC2336
Ashok Bhushan, J.1. Heard Sri R.G. Padia, senior counsel assisted by Sri Prakash Padia for the petitioner and Sri Ajay Bhanot learned standing counsel appearing for the respondents. Affidavits have been exchanged between the parties. Both the parties have agreed that the writ petition itself be finally decided.2. By this writ petition, the petitioner has prayed for quashing of the impugned order dated 23.4.1999 Annexure-14 to the writ petition by which the petitioner has been dismissed from service. Facts of the case as emerge from the pleadings of the parties are :Petitioner was appointed as Labour Investigator vide order dated 26.7.1979 under the U.P. Recruitment of Dependants of Government Servants (Dying-in-Harness) Rules, 1974. Petitioner was promoted as Welfare Superintendent and was working as Housing Inspector in the year 1996. On 27.7.1996, the petitioner was transferred as Housing Inspector from Shastri Nagar to Zajmau, Kanpur Nagar. Petitioner did not hand over charge of Sha...
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