Allahabad Court August 2002 Judgments
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Hira Lal and ors. Vs. District Judge and ors.
Court: Allahabad
Decided on: Aug-07-2002
Reported in: 2002(4)AWC3294
Anjani Kumar, J. 1. It has been stated by the learned counsel for the petitioners that all those persons who were selected in the impugned selection, have not been impleaded as party, which, in my opinion, should have been impleaded and as stated by the learned counsel for the petitioners and the objection being raised by the respondents that they are necessary party. Learned counsel for the petitioners prays that he may be granted some time for impleading those persons apart from three persons who have already been impleaded in the writ petition. 2. Suffice it to say that this Court vide order dated 20.7.2001, rejected the second application for impleadment as withdrawn on the request made by the learned counsel for the petitioners that he may be permitted to file a fresh application. The prayer was allowed in these words : 'Sri Anil Tiwari, counsel for the petitioners, prays that he may be permitted to withdraw the second impleadment application and the amendment application dated 18...
Jai Karan and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Aug-07-2002
Reported in: 2003CriLJ2693
Vishnu Sahai, J.1. Five persons namely; Veer Bhadra, Jai Karan, Babu, Mahesh and Bhan Chand were tried by the IInd Addl. Sessions Judge, Sitapur in Sessions Trial No. 329 of 1979 for offences punishable under Sections 148, 302, 302/149 and 307 149, I.P.C. vide judgment and order dated 22-8-1980 the learned trial Judge acquitted Mahesh and Bhan Chand on all the counts but convicted, and sentenced Veer Bhadra, Jal Karan and Babu in the manner stated hereinafter :--Veer Bhadra :-- Under S, 148, I.P.C. to two years R.I.; under Section 302, I.P.C. and Sections 302/149, I.P.C. to imprisonment for life; and under Sections 323/ 149, I.P.C. to six months' R.I. Jai Karan and Babu :-- Under Section 148, I.P.C. to two years R.I. under Sections 302/149, I.P.C. to imprisonment for life; and under Sections 323/149, I.P.C. to six months R.I. The substantive sentences of the said accused persons were directed to run concurrently.2. Aggrieved by their convictions and sentences Jai Karan, Veer Bhadra and...
Vibhuti Narayan Chaubey Alias Lala Chaubey and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Aug-07-2002
Reported in: 2003CriLJ196
ORDERB.K. Rathi, J. 1. The applicants are accused in S.T. No. 74 of 2001 pending in the Court of Additional Sessions Judge, Court No. 15, Varanasi. In this case the charges for offences under Sections 323/34, 307/34, 504, 506, I.P.C. were framed on 16-7-2001. Thereafter the statement of PW 1, Rajendra Prasad was recorded. The applicants then moved an application to alter the charge under Section 307/34. I.P.C. to 324/34 I.P.C. on the basis of his statement. The application has been rejected by the impugned order dated 6-7-2002. Aggrieved by it, the present petition has been filed.2. Learned counsel for the applicant has relied on Clause (1) of Section 216, Cr.P.C. of which is as follows :'Any Court may alter or added to any charge at any time before judgment is pronounced.' However, this clause does not provide for deletion of the charge and the charge for offence under Section 307/34, I.P.C. cannot be deleted. The word 'delete' has intentionally been not used by the legislature.3. How...
Anurita Srivastava (Smt.) Vs. Shri Shahu Ji Maharaj Kanpur University ...
Court: Allahabad
Decided on: Aug-07-2002
Reported in: (2002)3UPLBEC2566
Anjani Kumar, J. 1. By means of the present writ petition under Article 226 of the Constitution of India petitioner, who had appeared in B.A. Part-III examination of 1994 in the back papers of Economics subject conducted by the respondents-University, as would be clear from Annexure-4 to the writ petition, which is a photocopy of the verification form wherein it has been verified that the petitioner had appeared in back papers of Economics subject of B.A. Part-III examination and that the 'petitioner was' permitted to appear in the said examination. According to the petitioner's assertion in the writ petition, the result of her back papers of Economics subject of B.A. Part-III of the year 1994 has not been declared by the University as yet. The respondents-University has filed counter-affidavit sworned by S.C. Gupta, Superintendent Legal Cell, Kanpur University, Kanpur, in which in Paragraphs 5 and 6 it has been stated that since answer books and other records have been weeded out and ...
Balkeshwar Maurya and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-07-2002
Reported in: 2002CriLJ4565
ORDER1. Heard learned counsel for the petitioner and learned Government Counsel.2. The petitioner is challenging the impugned F.I.R. dated 4-7-2002. Annexure 4 to the writ petition under Sections 147/148/323/504/506/308, I.P.C. and 3(1)(X) SC/ST Act of P. S. Phulpur, District Allahabad.3. A perusal of the impugned F.I.R. shows that the allegations therein are that at about 4 a.m. on 11-5-2002 the first information who is 'pasi' by caste was sleeping outside his house when the petitioners who are mostly Brahmans by caste came there and woke up the first informant and took him away and on the way started beating him with lathis and abusing him. The first informant became unconscious and fell down due to these beatings. The petitioners abused the first informant saying that he was 'pasi' by caste and yet he is not doing 'Begari' for the petitioners. Due to this beating the right hand of the first informant is still not functioning. The first informant tried to lodge F.I.R. at the police s...
Smt. Sandhya Srivastava and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-06-2002
Reported in: 2002(4)AWC2887A; (2002)3UPLBEC2720
Anjani Kumar, J.1. Heard learned counsel for the petitioners. 2. The petitioners' candidature for selection and appointment as B.T.C. teachers has been rejected solely on the ground that the petitioners have obtained their B.T.C. certificate from an institution which is situated outside the State of U. P. This Court by an interim order dated 1st October, 1997, directed the respondents to consider the petitioners' candidature in accordance with law and in case, they come to the conclusion that the petitioners' candidature is liable to be rejected, they must communicate the same to the petitioners. It is stated by the learned counsel for the petitioners that no such communication has been made to the petitioners individually. Learned counsel appearing for the respondents has stated that in the counter-affidavit, reasons have been given for not considering the petitioners' candidature. The only reason given in the counter-affidavit is that the petitioners' certificate of B.T.C. is from th...
Divisional Superintendent, Northern Railway and ors. Vs. Ram Prasad an ...
Court: Allahabad
Decided on: Aug-06-2002
Reported in: 2002(4)AWC2910; [2002(95)FLR178]; (2003)ILLJ93All
S.N. Srivastava, J.1. The writ petition is directed against the order dated 4.5.1982 allowing payment of Wages Appeal No. 272 of 1981 preferred against order dated 16.7.1981 rejecting an application under Section 20(6) of the Payment of Wages Act, 1936 (hereinafter referred to as 'the Act'). 2. The facts which borne out from the record are that an application under Section 15 of the Act was allowed and Rs. 705 was held due against opposite party. 3. In case of non-compliance of order, application was moved under Section 20(6) of the Act. The application was rejected by Prescribed Authority. 4. The appeal filed by Ram Prasad opposite party against the said order was allowed. This order is impugned in the writ petition. 5. Sri Lalji Sinha, learned counsel for the petitioner, urged that against order rejecting the application under Section 20(6) of the Act, no appeal lies. Appeal was wholly incompetent and order passed by Additional District Judge allowing P.W. Appeal No. 272 of 1981 is w...
Devi Prasad Rai and anr. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-06-2002
Reported in: 2002(4)AWC3285
Rakesh Tiwari, J. 1. Heard the learned counsel for the parties and perused the records. 2. The petitioners were appointed on the post of Junior Clerks by the Selection Committee and joined their services in the Irrigation Department on 6.11.1978 and 27.11.1978. respectively. 3. There is a dispute about the seniority in this petition. A provisional seniority list of the Junior/Senior Clerks was published. It is submitted that the promotions were made according to the seniority list. Due to some bona fide mistake, names of some senior employees to the petitioners had been left out. 4. By letters dated 20th May, 1986 and 22nd May, 1986, objections were invited by the Chief Engineer and the Superintending Engineer respectively to the seniority list. By letter dated 27th October, 1986, the petitioner Devi Prasad Rai, who is in the seniority list at Serial No. 4 has been given the revised pay scale with effect from 1.9.1983. 5. From Annexure-3 the letter dated 11th January, 1990, it appears ...
Bachau and anr. (In Jail) Vs. State of U.P.
Court: Allahabad
Decided on: Aug-06-2002
Reported in: 2003CriLJ2060
1. This appeal was preferred by appellants Bachau and Kangal against their conviction under Section 396, I.P.C. and consequent sentence of life imprisonment.2. The brief facts of the case are that on the night intervening 27/28 June, 1979 a dacoity was committed in the house of Munni Lal by a large-number of miscreants. The presence of these two appellants was also alleged in the incident. One of the appellants Bachau was armed with a gun and other appellant Kangal was stacking the looted articles in front of the main door. They entered the house of the informant by jumping the tiled roof and opened his main door thereafter facilitating the entry of their companions. A lantern was allegedly burning inside the house. Munni Lal, the informant was sleeping outside his house. He was not touched by any of the miscreants who were present outside his gate. Munni Lal ran away from the spot and raised alarm. It attracted to the scene of occurrence Rajai, Shyam Dev, Namwar, Jagai, Surju, Jagdhar...
Primary Pathshala Baragaon Through Its Head Master Sri Ram Dhani Pande ...
Court: Allahabad
Decided on: Aug-06-2002
Reported in: (2002)3UPLBEC2410
Anjani Kumar, J. 1. Heard learned Counsel for the parties. This Court vide its order dated 18th March, 1986 had directed to file counter-affidavit but till date no counter-affidavit has been filed.2. By means of the present writ petition under Article 226 of the Constitution of India, petitioners have challenged the order dated 10th October, 1985. Annexure-1 to the writ petition, whereby the Deputy Inspector of Schools has sought permission from the Basic Siksha Adhikari, Varanasi to deduct the excess amount with regard to house rent allowance that has been paid to the petitioners. Learned Counsel for the petitioners has Stated that before passing of the aforesaid orde, no opportunity whatsoever was given to the petitioners. Petitioners further asserted that other similarly situated teachers are being paid the house rent allowance but the petitioners are being denied only on the ground that the petitioners are living outer limits of 8 kilometres and therefore, they do not come without ...
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