Allahabad Court September 2002 Judgments
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Social Action for People's Rights and Anr. Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Sep-05-2002
Reported in: AIR2003All250
Vishnu Sahai, J.1. Petitioner No. 2 Major Sheshmani Nath Tripathi (Retd.), who styles himself as the President of Petitioner No. 1 - Social Action for People's Rights, an association of individual citizens of India possessing rights and freedom guaranteed to a citizen of India, has preferred the present writ petition (which has been registered under the caption of Public Interest Litigation), under Article 226 of the Constitution of India with a prayer that this court be pleased to declare the appointment of the present Chief Minister of U. P. Miss Mayawati, made on 3rd May, 2002, when the U. P. Legislative Assembly was non-existent, as unconstitutional and ultra vires of Clause (2) of Article 164 of the Constitution of India. It has also been prayed that any other relief which this Court feels just and proper be granted to I he petitioners.2. In short, the factual matrix from which this writ petition arises, is as under :-- On 26-2-2002 Election Commission issued a notification under ...
israr Ahmad S/O Shafik Ahmad Kureshi Vs. State of Uttar Pradesh and or ...
Court: Allahabad
Decided on: Sep-05-2002
Reported in: 2003CriLJ176
S.K. Agarwal, J. 1. Habeas corpus writ petition at hand was filed by Israr Ahmad before this Court challenging his detention under Section 3(3) of the National Security Act (hereinafter referred to as 'NSA') dated 10-1-2002.2. The brief facts of the case are that a F.I.R. came to be registered at P.S. Kotwali, District Muzaffarnagar, against the present petitioner vide Crime No. 1182 of 2001 under Sections 3/5/8 of the U. P. Prevention of Cow Slaughter Act. On an information received from the informer the godown of the petitioner was raided by the police of P.S. Kotwali at 4.00 p.m. on 28-12-2001. On a search of the godown 10 quintals of meat belonging to the family of cow was recovered from there. Weighing machine having cow's meat on one of its pangs was also found. The charge, therefore, was that he collected in large quantity cow's meat for being transported to other States. On coming to know of this huge recovery in the region of P.S. Kotwali social disharmony and anger between di...
Pooran Singh and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-05-2002
Reported in: 2003CriLJ2275
ORDERU.S. Tripathi, J.1. This petition under Section 482, Cr. P. C. has been filed for quashing the order dated 30-7-2002, passed by Addl. Chief Judicial Magistrate, Muzaffar Nagar, rejecting the final report, taking cognizance against the applicants and summoning them for trial under Sections 420, 467 and 468, 1. P. C.2. Opposite party No. 3, Sompal Singh moved an application before the A. C. J. M., Muzaffar Nagar under Section 156(3), Cr. P. C. for ordering Station Officer, Charthawal for registration of case and investigation against the applicant with the allegations that they prepared a forged and fictitious document in order to take wrongful gain and committed cheating with Kisan Sewa Sehkari Samiti, Biralasi and committed offence punishable under Sections 420, 467 and 468, I.P.C. After investigation the police submitted final report. On receipt of the above final report notices were issued to the complainant. He filed protest petition. The learned Magistrate on considering the a...
Ganga Singh and ors. Vs. State
Court: Allahabad
Decided on: Sep-05-2002
Reported in: 2003CriLJ653
S. K. Agarwal, J. 1. These appeals were received on remand by the order and judgment of Hon'ble Supreme Court dated 19-1-2002 for reconsideration by this Court.2. Criminal Appeal No. 1350 of 1988 was filed by eight appellants. All of them were convicted under Sections 148, 452 and 302/149, IPC and sentenced to three years' R.I. seven years' R.I. and for life imprisonment respectively. All these sentences were to run concurrently.3. The other Criminal Appeal No. 1351 of 1988 was filed by Shiv Charan, Ram Laraite, and Jawahar Singh. They, by the common judgment and order, were also convicted and sentenced as abovesaid by the trial Court.4. As per direction of the Hon'ble Supreme Court these appeals were heard by us afresh on 11-4-2002 and on that date we reserved our judgment on these appeals.5. Brief facts of the incident are that on 19-1-1985 at about 5.30 P. M. the informant Hukum Singh with the wives of his younger brothers was drawing fodder from the outer Kotha for their catties. T...
Anil Alias Pappu Sharma Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Sep-05-2002
Reported in: 2003CriLJ696
1. This habeas corpus writ petition was filed by Anil alias Pappu Sharma against his detention under Section 3(2) of the National Security Act. 1980 dated 17-1-2002. The order was served upon the petitioner on the same day in district jail Bijnor where he was confined in connection with an offence, Crime No. 756 of 2001, under Sections 364A/120B. I.P.C.. P. S. Kotwali. District Bijnor.2. The petitioner is brother of informant Sushil Kumar Sharma. The abducted boy was son of Sushil Kumar Sharma and nephew of the petitioner. The F.I.R. of this offence was registered at the said police station on 16-11-2001 at 12.30 p.m. at the instance of Sushil Kumar Sharma. Written report was lodged on receiving of a letter of ransom by informant's family members.3. On 3-12-2001 this petitioner was arrested by the police at about 11.40 a.m. from his house. On an enquiry from him he admitted the abduction of his nephew through his own brother-in-law Sonu alias Shamsher Sharma and Sanjeev Kumar son of Ja...
Som Datt Shukla Vs. District Inspector of Schools and ors.
Court: Allahabad
Decided on: Sep-05-2002
Reported in: (2002)3UPLBEC2645
Rakesh Tiwari, J. 1. Heard the learned Counsel for the parties sand perused the records.2. By means of this petition, the petitioner has prayed for the relief of payment of salary, which has been denied by the District Inspector of Schools, Jaunpur vide order dated 21st December, 1991.3. The brief facts of this case are that a permanent vacancy arose in Arya Vidyalaya Higher Secondary School, Leduka, District Jaunpur for the post of Principal due to retirement of the earlier Principal. The petitioner being seniormost Teacher in the Institution was promoted as Principal of the Institution under Chapter-II, Regulations 2 to 4 of the U.P. Intermediate Education Act read with Rule 9 of the U.P. Secondary Education Service Commission Act, 1983. The seniority of the petitioner was challenged before the D.I.O.S. by two other Teachers of the Institution. The District Inspector of Schools has held that the petitioner being seniormost Teacher in the institution has rightly been appointed as offi...
Krishi Utpadan Mandi Samiti Vs. Om Prakash and ors.
Court: Allahabad
Decided on: Sep-04-2002
Reported in: 2002(4)AWC3179; (2002)3UPLBEC2543
Rakesh Tiwari, J. 1. Heard the learned counsel for the parties and perused the records.2. The second appeal arises out of the judgment and decree passed by the 1st Additional Civil Judge, Meerut, dated 17.8.1987 by which the suit filed by the plaintiffs for injunction has been decreed. Suit was filed alleging that the plaintiffs were exclusively dealing in manufacturing and selling of buggies (bullock-carts), curries, windows, etc. manufactured from wood, which are not agricultural produce within the meaning of Section 2 (a) of the U. P. Krishi Utpadan Mandi Adhiniyam. 1964, but the Mandi Samiti has been trying to bring them as traders of wood. Mandi Samiti, Baraut, earlier issued notices for taking licence by the traders for doing business and sale in manufactured items within the market yard of Baraut, which went upto the Supreme Court. Ultimately, the said case was decided by the Apex Court in which it was held that Mandi Samiti was justified in imposing licence fee on traders durin...
Shailendra Kumar Shukla Vs. District Magistrate and ors.
Court: Allahabad
Decided on: Sep-04-2002
Reported in: 2002(4)AWC3141
Rakesh Tiwari, J.1. Heard learned counsel for the parties and perused the records. 2. The petitioner by means of the present writ petition has prayed for direction in the nature of mandamus directing the respondents to regularize his service on the post of Tahbazari Sangrahak in Nagar Palika, Ballia and to issue any other writ, order or direction which this Court may deem fit and proper in the circumstances of the case. 3. The case of the petitioner is that he was engaged as class-IV employee on daily wage to collect the Tahbazari, i.e.. to collect the weighment and market charges from the small shop keepers within the market area of Nagar Palika, Ballia, as he has completed 240 days continuous service in each of the three years and his name is at serial No. 20 of the list of employees dated 16.7.1992. for regularization. 4. On 16.7.1992, respondent No. 2 wrote a letter to respondent No. 1 that under G.O. No. 4094/9.1.1992-95 Ta/91 dated 1.5.1992. 68 employees of class-IV working in Na...
indrapal and Suresh Kumar Vs. Up-ziladhikari (Sub-divisional Officer) ...
Court: Allahabad
Decided on: Sep-04-2002
Reported in: 2002(4)AWC3183
Binod Kumar Ray and M.P. Singh, JJ. 1. The petitioners have come up with a prayer to quash the order dated 10.7.1997 (as contained in Annexure-1) passed by the Parganadhikari, Chhibaramau (respondent No. 2) in Case No. 1 of 1997 under Section 167. U.P.Z.A. and L.R. Act.2. A perusal of the impugned order shows that it was passed in the background that even though the petitioners in the sale deed have described themselves as belonging to Scheduled Caste, the villagers told about them that they are 'Thakur' by caste and do not belong to Scheduled Caste and a notice by registered post sent on 27.3.1997 to them to produce document showing that they belong to Scheduled Caste has proved futile as they have not produced any evidence/Certificate and hence the proceeding is decided ex parte holding their sale deed as void. 3. On 25.7.1997, the Court had passed the following order : 'Standing counsel is granted one month's time to file counter-affidavit. List in the week commencing 1st September,...
Ram Chandra Singh Vs. Sachiv, Garavpur Kisan Sewa Sahakari Samiti Ltd. ...
Court: Allahabad
Decided on: Sep-04-2002
Reported in: 2002(4)AWC3148; (2003)1UPLBEC66
S. P. Mehrotra, J. 1. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, challenging the order of termination dated 26th July 2002 (Annexure-1 to the writ petition). 2. From the allegations made in the writ petition, it appears that a surprise inspection of Kisan Sewa Sahkarl Samiti Ltd., Garavpur was made by the District Assistant Registrar, Sahkari Samltl. U. P., Jyotiba Phule Nagar, respondent No, 4 on 6.9.2001. The Inspection report dated 6.9.2001 was submitted in this regard by the said District Assistant Registrar, Sahkarl Samiti, U. P.. Jyotiba Phule Nagar, respondent No. 4. A copy of the said inspection report dated 6.9.2001, has been filed as Annexure-2 to the writ petition. 3. Thereafter, a charge-sheet dated 24.12.2001, was served on the petitioner by the Secretary/Enquiry Officer, Garavpur Kisan Sewa Sahkari Samiti Limited. Tehsil Hasanpur, district Jyotiba Phule Nagar. A copy of the said charge-sheet dated 24.12....
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