Allahabad Court February 2004 Judgments
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Akshay Pratap Singh Alias Gopalji Vs. State of U.P.
Court: Allahabad
Decided on: Feb-24-2004
Reported in: 2004CriLJ3918
ORDER1. This appeal arises from an order of rejection of the first and second bail applications moved by the appellant before the Special Judge, designated Court for his release under the Prevention of Terrorism Act, 2002. The first bail application was rejected by designated Court on 11-11-2003. The second bail application was presented before the said Court on behalf of the appellant later on and same was also rejected. No objection was filed by the State in the second bail before the designated Court nor it opposed the bail.2. Heard Sri V. B. Singh, learned senior counsel for the appellant assisted by Sri Kamal Krishna and learned G.A., assisted by A.G.A. Sri R. K. Singh.3. The brief facts of the case are that one Udai Pratap Singh was arrested on 25th of January, 2003 by the local police of Pratapgarh. AK-56 rifle along with some ammunition from his possession was recovered. His confession was recorded by Deputy S.P., Sri N. P. Singh. From this confession he was found to have commi...
Barkat Ullah Vs. State of U.P.
Court: Allahabad
Decided on: Feb-24-2004
Reported in: 2004CriLJ4482
Vishnu Sahai, J. 1. This appeal has been preferred by Barkat Ullah against the judgment and order dated 30-4-1981, passed by the Sessions Judge, Sultanpur, in Sessions Trial No. 41 of 1981, whereby he has been convicted and sentenced to undergo imprisonment for life for the offence punishable under Section 302 I. P. C. 2. Shortly stated, the prosecution case runs as under :-- At the time of the incident, informant-deceased Ram Dularey and appellant Barkat Ullah were residing in village Gosai Ki Maria (Musai Ki Mathia) in Kasthuni West within the limits of Police Station Musafirkhana, District Sultanpur. There was enmity between appellant Ram Dularey on one hand and Khalil alias Khaliq, the daughter of whose brother was married to the appellant on the other. In the litigation, which was pending between them at the time of the incident, the appellant used to do pairvi on behalf of Khalil alias Khaliq. On 4-2-1980, at about 1.00 P. M., when Ram Dularey was returning from Musafirkhana an...
Nanak Chand Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-23-2004
Reported in: 2004(2)AWC1434b; [2004(102)FLR440]; (2004)2UPLBEC1202
ORDERRakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. This petition has been filed by the petitioner challenging the order of transfer dated 9.10.2003 (Annexure-1 to the writ petition). At the time of admission following interim order was passed on 20.10.2003 :'Although a very spirit and wild allegations have been made for resisting the impugned transfer order transferring the petitioner from Civil Police to Inter-State Border Police, prima facie no policemen of the civil police would like to go to the Inter-State Border Police because for obvious reason there are more hazards involved in that posting and the same is less lucrative. Therefore, at this stage, I am not inclined to believe the allegations. However, the petitioner may join at new place of posting. In case the writ petition succeeds, the petitioner can always be transferred back to his original posting.I am also not inclined to believe at this stage that Inter-State Border Police is a separate 'br...
Sone Lal and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-23-2004
Reported in: 2004(2)AWC1432; (2004)2UPLBEC1204
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. The petitioners were appointed as Constables in Civil Police branch in the State of Uttar Pradesh. They were transferred from Civil Police Branch to the Armed Police Branch of the Police Department and have come to this Court against the order of their transfer. It is alleged that the order of transfer of the petitioners from civil police to armed police in exercise of powers under Regulation 525 of the U. P. Police Regulations is illegal and is in violation of the aforesaid provisions. Regulation 525 of the Police Regulations is as under :'525. Constable of less than two years' service may be transferred by the Superintendent of Police from the armed to the civil police or vice versa. Foot police constables may be transferred to the mounted police at their own request. Any civil police constable of more than two and less than ten years' service may be transferred to the armed police and vice versa by the Super...
U.P. State Electricity Board Vs. Presiding Officer, Labour Court Vth a ...
Court: Allahabad
Decided on: Feb-23-2004
Reported in: 2004(2)AWC1533
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. This writ petition has been filed praying, inter alia, quashing of the impugned award dated 20.2.1997 (Annexure-21 to the writ petition) passed by respondent No. 1.3. The case of the petitioner U.P. State Electricity Board (hereinafter referred to as the petitioner-Board), in brief, is that it was constituted under Section 5 of the Electricity (Supply) Act, 1948. Respondent No. 2, Mani Ram, was employed in the petitioner-Board. His date of birth was recorded in his service record as 1.3.1931. He retired from service after attaining the age of superannuation, i.e.; 58 years from the post of High Pressure Welder. A certificate dated 24.10.1997 was issued by the Government of India, Ministry of Supply and Rehabilitation, Department of Supply through the competent authority/Director, National Test House, Alipore, Calcutta, containing the signatures of respondent Mani Ram countersigned by the Chief Inspector of Boil...
Smt. Chunni Devi and anr. Vs. Additional District Judge and ors.
Court: Allahabad
Decided on: Feb-23-2004
Reported in: 2004(2)AWC1532
ORDERRakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. This writ petition is directed against the orders passed by the courts below deciding a preliminary issue that civil court has jurisdiction to try the suit for cancellation of a void sale deed dated 10.9.1979 and permanent injunction in respect of agricultural plots for consideration of Rs. 20,000 measuring 6 bigha 16 biswa situate in village Khaneha, Pargana and Tahsil Mau, district Ballia.3. Sheo Murat, respondent No. 3 filed a suit in the Court of Munsif, Karvi which was registered as Original Suit No. 47 of 1980 against the petitioners and respondent Nos. 4 to 7 for cancellation of the aforesaid sale deed executed in favour of petitioner No. 1 and permanent injunction restraining the petitioners and respondent No. 5 from interfering with the land in dispute on the allegations that sale deed in question in favour of Smt. Chunni Devi is fictitious and she did not affix her thumb impressions on it and no ...
Sheo Murat Vs. Ram Murat
Court: Allahabad
Decided on: Feb-23-2004
Reported in: AIR2004All263; 2004(2)AWC1320
Umeshwar Pandey, J.1. This second appeal arises out of a suit filed by the appellant-Sheo Murat for rectification of the sale deed under Section 26 of the Specific Relief Act.2. The brief facts are that the appellant-Sheo Murat filed Original Suit No. 250/1978 in the Court of Munsif, Azamgarh for the rectification of the aforesaid sale deed executed by the defendant late Shital Dan in favour of the respondent-defendant Ram Murat in respect of his agricultural property. The plaintiff Sheo Murat and the defendant No. 1 are the real brothers and the defendant late Shital Dan was their real uncle. The appellant claimed rectification of the sale deed executed by his uncle on the ground that earlier to the execution of the aforesaid sale deed, he had executed an agreement of sale dated 8.11.1975 in respect of the same property in favour of these two brothers (plaintiff and defendant No. 1). He agreed for transfer of the said property for a total consideration of Rs. 12,000, out of which he r...
Mohd. Moveen Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-23-2004
Reported in: (2004)2UPLBEC1178
Rakesh Tiwari, J.1. Heard Counsel for the parties and perused the record.2. The respondent No. 3 advertised 14 posts of Junior Clerk and 2 posts of Stenographer to be filled by candidates belonging to 'Backward Classes' under backlog quota through Newspaper 'Amar Ujala'. The petitioner applied for the post Junior Clerk and was declared duly selected and his name was at Sl. No. 16 in the merit list. It is alleged that the candidates at Sl. Nos. 1 to 14 in the merit list were issued appointment letters against the advertised posts of Junior Clerk. The candidates at sl. Nos. 15 to 18 were kept in waiting list. It is. alleged that on 30.6.2003 another merit list of Stenographer belonging to Backward Classes was declared. One candidate Mr. Ranjeet Singh whose name was at Sl. No. 11 in the merit list of Junior Clerk has also been selected for the post of Stenographer. He has preferred to join the post of Stenographer and waived his claim over the post of Junior Clerk. Consequently, the post ...
Divisional Manager, Life Insurance Corporation of India, Divisional Of ...
Court: Allahabad
Decided on: Feb-23-2004
Reported in: [2004(101)FLR469]; (2004)2UPLBEC1273
Rakesh Tiwari, J.1. Heard Counsel for the parties and perused the record.2. The petitioner appointed respondent No. 2 for three different periods of 45,45 and 40 days vide orders dated 14.11.83, 31 12.83 and 15.2.84 respectively. The engagement was temporary and for specific period on fixed payment of Rs. 170 + DA. The appointment letters issued to respondent No. 2 are annexed as Annexures-1, 2 and 3 to the writ petition. The total working on the part of respondent No. 2 with the Corporation during the aforesaid three engagement periods is 130 days.3. The controversy in dispute pertains to the termination of the service of respondent No. 2 w.e.f. 12.1.85. It is alleged that brother of respondent No. 2 had entered into a contract with the Corporation for certain job work. It is claimed by the petitioner that respondent No. 2 was engaged by his own brother for doing job work and the Corporation was not concerned as to how the brother of respondent No. 2 performed his part of contract i.e...
Dr. Gopalji Mishra Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-23-2004
Reported in: 2004(3)AWC1922
B.S. Chauhan, J.1. This writ petition has been filed for quashing the order dated 11.12.2003 by which recovery of Rs. 46,870 is being made from the petitioner as he has been paid the excess amount as selection grade for which he was not entitled as well as the order dated 23rd September, 2003 by which his claim for selection grade on completion of eight years service including the period which he had served on ad hoc basis, has been rejected.2. Facts and circumstances giving rise to this case are that the petitioner had been appointed with respondent on ad hoc basis. After continuous service, his case for regularisation was considered and he was regularised with effect from 15.5.1998. He claimed the benefit of selection grade on completing eight years under the Government Order dated 13th May, 1993 (Annexure-9) and as it was not paid to him, he approached this Court by filing a Writ Petition No. 18251 of 2003. As it involved disputed questions of fact, the Court disposed of the said wr...
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