Allahabad Court February 2003 Judgments
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Bhagwati Prasad Chaudhari Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-18-2003
Reported in: 2003(2)AWC1111
M. Katju, J. 1. Standing Counsel is granted one week's time to file counter-affidavit. List peremptorily on 25th February, 2003.2. This case illustrates how the executive authorities have now started disobeying the orders of this Court by giving scant regard to the same.3. The dispute in this case is regarding no-confidence motion against the Chairman of the District Cooperative Bank Limited, Mirzapur.4. The controversy came up before this Court in Writ Petition No. 55526 of 2002, Ranjan Jaiswal v. Registrar, Cooperative Societies, U. P., Lucknow and Ors., which was decided on 3.1.2003, vide Annexure-1 to the writ petition. A Division Bench of Hon'ble S. Rafat Alam and Hon'ble D. P. Singh, JJ. allowed the writ petition in which the District Magistrate, Mirzapur as well as the Sub-Divisional Magistrate. Sadar, Mirzapur as also the Director of the District Co-operative Bank Limited, Mirzapur were respondents. In this case, it was held that the no-confidence motion was not invalid for wan...
Shri Abdul Waheed and ors. Vs. U.P. State
Court: Allahabad
Decided on: Feb-18-2003
Reported in: AIR2003All220
Sushil Harkauli, J.1. A sale deed dated 11-5-2001 was executed in favour of the petitioners. According to the recital in the sale deed it was in respect of land alone. The Sub Registrar after the date of registration of the sale deed sent a reference to the Collector under Section 47-A of the Indian Stamp Act, 1899 by his letter dated 17-7-2001. In that letter it was written that the spot inspection was carried out in which the land was found to have a three storey building standing over it, which appeared to be more than ten years old.2. On the basis of this information, proceedings were started in the form of Case No. 131/2001-02 under Sections 33/40/47 of the Indian Stamp Act. Stamp duty and penalty was Imposed by an order of the Additional District Magistrate dated 27-3-2002. It was stated in that order that the Additional district Magistrate had himself inspected the property on 17-3-2002 and found three storied old house on the land in question, which appeared to be ten or twelve...
B.K. Sharma Vs. General Manager (Personal), Punjab National Bank and o ...
Court: Allahabad
Decided on: Feb-18-2003
Reported in: 2003(3)AWC1870
Prakash Krishna, J.1. The Punjab National Bank introduced a voluntary retirement scheme. The petitioner's application for voluntary retirement under the aforesaid scheme was rejected by the impugned order dated 14.3.2001. The departmental appeal has also been rejected by the order dated 29.5.2001. The petitioner by means of the present writ petition has prayed for a writ of certiorari for quashing the aforesaid two impugned orders and commanding the respondents to accept the petitioner's application dated 10.10.2000 seeking voluntary retirement from service.2. The petitioner having completed 30 years' service and attaining the age of 54 years filed an application for voluntary retirement under the aforesaid scheme which was in operation from November 10, 2000 to November 30, 2000. In the aforesaid scheme, it has been provided that the employees falling in the following categories are not eligible to seek voluntary retirement under the scheme :(a) ..........................................
Krishna (In Jail) Vs. State of U.P.
Court: Allahabad
Decided on: Feb-18-2003
Reported in: 2003CriLJ4075
K.N. Ojha, J.1. This appeal has been preferred against judgment and order dated 9-12-1978, passed by IIIrd Addl. Sessions Judge, Budaun, in S.T. No. 179 of 1978, by which the appellant has been convicted under Section 302 read with Section 34, I.P.C. and sentenced to undergo life imprisonment and has further been convicted under Section 307 read with Section 34, I.P.C. and sentenced to undergo rigorous imprisonment of five years and it has been directed that both the sentences shall run concurrently.2. The accused-appellant is absconding.3. We have heard Mr. Rajul Bhargava, learned amicus curiae for the appellant and Mr. A. K. Varma, learned A.G.A. and have gone through the record. The judgment is being delivered on merit.4. According to the prosecution, murder of Chandra Sen, aged about 50 years was committed by the appellant in the midnight of 14/15-12-1977 14/15-12-1977 , when he was sleeping inside his house, situate in village Dhaknagla, police station Islamnagar, district Budaun ...
Viresh Pratap Shah and anr. Vs. A.D.J. and ors.
Court: Allahabad
Decided on: Feb-18-2003
Reported in: 2005(2)AWC1136
Ashok Bhushan, J. 1. Heard Sri V. K. S. Chaudhary, senior advocate assisted by Sri Amrendra Singh, counsel appearing for the petitioners and Sri K. S. Kushwaha, learned standing counsel appearing for the respondents.2. By this writ petition the petitioners has prayed quashing of the Order dated 13.12.1983 passed by the 1st Additional District Judge in Revenue Appeal No. 10 of 1982 and that of the Prescribed Authority dated 22.3.1982 In Case No. 73 under the U. P. Imposition of Ceiling on Land Holdings Act, 1960.3. Brief facts giving rise to this writ petition are :Smt. Brij Raj Kunwari-respondent No. 3 executed a registered gift deed on 17.2.1970 of 14 bighas 1 biswa and 17 dhurs of her bhumidhari holding situate in village Ashar Khas, Pargana Basti Purab, district Basti to the petitioners who are her daughter's sons. The village was under consolidation at that time and It is asserted in paragraph 2 of the writ petition that the gift deed was executed after obtaining necessary permissi...
Arvind Kumar Maurya Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Feb-17-2003
Reported in: 2003(3)AWC1984
R.B. Misra, J. 1. Heard Sri Sudhakar Pandey, learned counsel for the petitioner as well as Sri S. S. Sharma, learned standing counsel for the State.2. In this writ petition the petitioner has sought the direction, directing the respondents to allow the petitioner to continue in service till regular appointment takes place and to make the payment of entire salary and a further prayer has been made directing the respondent/Settlement Officer Consolidation, Mau to decide the representation. It appears that the petitioner was appointed as a daily wager in the consolidation department in the year 1994 and his services were disengaged on 12.9.1995 and the petitioner filed the Writ Petition No. 2658 of 1996, Arvind Kumar Maurya v. State of U. P. and Ors. This Court, while disposing of the above writ petition on 23.1.1996 has been pleased to dispose of the writ petition by directing that in case the Settlement Officer, Consolidation shall look into the grievance of the petitioner and shall dis...
Bhawani Roller Flour Mills Pvt. Ltd. and ors. Vs. Senior Regional Mana ...
Court: Allahabad
Decided on: Feb-17-2003
Reported in: [2003]132STC454(All)
M. Katju, J.1. This writ petition has been filed for a writ of mandamus directing the Senior Regional Manager, Food Corporation of India, Lucknow to refund the amount of tax realised over and above two per cent from the petitioner at the time of purchase of wheat by them against form III-B and for which form III-C(2) had been issued to the petitioners.2. We have heard the learned counsel for the parties.3. The petitioners are companies registered under the Indian Companies Act which carry out the business of crushing wheat, manufacture of atta, maida, suji and bran in their mills. The petitioners are registered under the U.P. Trade Tax Act and Central Sales Tax Act and are holders of valid recognition certificates under Section 4-B of the U.P. Trade Tax Act, 1948.4. The petitioners purchased wheat from the Food Corporation of India (hereinafter referred to as 'the FCI') against form III-B which is the prescribed form as wheat purchased by them is raw material for the purpose of wheat p...
Ramdeo and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Feb-17-2003
Reported in: 2003CriLJ4082
K.N. Ojha, J.1. Appellants Ramdeo, Harihar, Suresh and Lallan have preferred this appeal against order of conviction and sentence dated 6-11-81 passed by learned VI Additional Sessions Judge, Deoria in S.T. No. 30 of 1981, State v. Ramdeo and others, by which the appellants have been convicted under Section 302 and 323, IPC, both read with Section 34, IPC and have been sentenced to undergo life imprisonment and six months rigorous imprisonment respectively and the sentences are to run concurrently. 2. After filing the appeal, the accused appellants were granted bail. None appeared from the side of the appellants to argue, hence the arguments of the learned A.G.A. were heard. The appeal is being decided on merits. 3. The incident is said to have taken place on 30-8-79 at about 7.00 a.m. FIR was lodged on the same day at 9.15 a.m. at Police Station Tareya Sujan which is at, the distance of 3 km. from the place of occurrence. It is alleged that in the evening on 29-8-79, complainant Ramas...
islam and ors. Vs. the State
Court: Allahabad
Decided on: Feb-17-2003
Reported in: 2003CriLJ2688
Vishnu Sahai, J.1. Through this appeal Islam, Shafi alias Nadey, Jamil and Baur challenge the Judgment and order dated 22-10-1981 passed by sessions Judge, Bahraich in Sessions Trial No. 95 of 1981, whereby they have been convicted and sentenced to undergo imprisonment for life for the offence punishable under Sections 302/34, I.P.C.2. Shortly stated the prosecution case runs as under :--The informant Kareem alias Bhallo P.W. 1, his father the deceased-Idu, his uncle Shakoor P.W. 2 and the four appellants, at the time of the incident, were residing in village Pandit Purwa hamlet of Chichri within the limits of police station Ikauna District Bahraich. At the said time Mumtaz P.W. 3 was residing in village Dafalipurva, which was also a hamlet of Chichri.About six months prior to the incident, the appellants had impounded two mares of the informant in Ikauna cattle pond. The informant had paid Rs. 30/- and got them released therefrom. Ten days prior to the incident Usman Beg, the brother ...
Brij Kumar Jaiswal Vs. Superintendent, District Jail and ors.
Court: Allahabad
Decided on: Feb-17-2003
Reported in: 2003CriLJ2681
U.S. Tripathi, J.1. The petitioner has filed this petition for issuance of a writ of habeas corpus for his production before this Court and release challenging the validity of his detention order dated 1-7-2002 passed by respondent No. 2 under Section 3(1) PITNDPS ACT, 1988 and his detention in pursuance of the said order.2. The petitioner was served with the grounds of detention on the basis of which he was detained under Section 3(1) PITNDPS Act, which disclosed that on 29-3-2002, the Circle Officer, Bhelupur and police of P.S. Lanka, district Varanasi got information through informer that the petitioner, a notorious trafficker of hereoin was present in his house in Mohalla Saket Nagar along with huge quantity of heroin' and was waiting for purchasers and that in case search was made he would be apprehended along with heroin. Believing on above information, the Circle Officer and the police party tried to search witnesses, but none was available. The house of petitioner was raided by...
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