Allahabad Court February 2004 Judgments
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Ved Prakash Joshi Vs. Amrit Prakash and ors.
Court: Allahabad
Decided on: Feb-13-2004
Reported in: [2004(101)FLR837]; (2004)IIILLJ54All; (2004)1UPLBEC972
D.P. Singh, J.1. This contempt petition has been filed with the allegation that the opposite parties have not complied with the orders passed by a learned Single Judge of this Court dated 16th September, 1997 in Writ Petition No. 129 of 1984.2. From the record it appears that the applicant was appointed as Assistant Teacher for English in 1971 by the Deputy Director of Education, Nainital. Upon the enforcement of U.P. Regularization of ad-hoc Appointments (on posts outside the purview of U.P. Public Services Commission) Rules, 1979, the case of the applicant was considered but vide order dated 2.8.1983 his services were terminated on the bias of some adverse entries earned by him in 1978-79. The applicant challenged the said decision by the aforesaid writ petition and a learned Single Judge of this Court set aside the order of termination and issued further directions to reconsider his case of regularization, without taking into account the alleged adverse entries given prior to 7.11.1...
State of U.P. Vs. Shashi Shekhar and ors.
Court: Allahabad
Decided on: Feb-13-2004
Reported in: 2004CriLJ2961
M. C. Jain, J. 1. Five accused respondents, namely, Shashi Shekhar, Pradeep Aron, Deepak, Gulsher and Rahman were tried for the offence punishable under Section 364A IPC before the IV Additional Sessions Judge, Muzaffar Nagar in Sessions Trial No. 382 of 1996. As they were acquitted by order dated 10-7-1998, the State preferred the instant appeal.2. As per the report of Chief Judicial Magistrate, Muzaffar Nagar dated 22-12-2003, the accused respondent No. 2 Pradeep Aron was killed in police encounter. The appeal abated so far as he was concerned as per our order dated 13-1-2004. The remaining four accused respondents have been lodged in jail in compliance of our order dated 19-11-2003.3. The facts necessary to be recorded for the decision of the appeal are these : One Dr. Ved Bhushan was a private medical practitioner at Muzaffarnagar and on 6-11-1995 he has left his residence at about 10 a.m. in his car-NE 118 bearing No. UP12A-4888. At about 11 a.m., he visited his patient Shiv Chara...
State of U.P. Vs. Manendra Pal and ors.
Court: Allahabad
Decided on: Feb-13-2004
Reported in: 2004CriLJ2983
M.C. Jain, J.1. The State has lodged this appeal against the order of acquittal dated 9-9-1981 recorded by the then II Additional Sessions Judge, Bareilly in S.T. No. 319 of 1980. The accused respondent Angan Lal was acquitted of charges under Section 307 and Section 323 read with Section 34, IPC. Accused Madan Lal was acquitted of the charges under Section 307 read with Section 109, IPC and Section 323, IPC. Mahendra Pal and Govind Ram were acquitted of charges under Section 307 read with Section 34, JPC and Section 323, IPC. Out of the four accused-respondents, Angan Lal died during the pendency of the appeal. It, therefore, abated as against him under order dated 14-10-2003. The Court is presently concerned only with three accused-respondents, two (Mahendra Pal and Govind Ram) being the sons of Angan Lal and Madan Lal son of Munna Lal (brother of the deceased accused respondent Angan Lal).2. Mahendra Pal, Govind Ram and Madan Lal were allegedly armed with lathis and the deceased acc...
Smt. Savitri Pandey Vs. Judge, Family Court and anr.
Court: Allahabad
Decided on: Feb-13-2004
Reported in: 2004CriLJ3934; II(2004)DMC423
Umeshwar Pandey, J.1. These two revisions under Sections 397 and 401 of the Code of Criminal Procedure (hereinafter referred to as the 'Code', arise out of the common judgment and order dated 1.6.1996 passed by the Judge, Family Court, Allahabad and, therefore, they are taken up together for disposal by this common judgment.2. The brief facts giving rise to the present revision, are that Smt. Savitri Pandey, wife of the revisionist of Criminal Revision No. 1196/1996 moved the Judge, Family Court, Allahabad under Section 125 of the Code for grant of maintenance stating that on account of persistent demand of dowry soon after her marriage which was solemnized on 6.5.1987, she had to leave her husband's home and came to stay with her parents and, since then (21.6.1987) when no financial aid had been received from her husband. On the other hand, husband and his family members had been insisting upon for the fulfilment of demand of dowry. She has all along been living on the mercy of her pa...
State of U.P. Vs. Ajai Kumar and ors.
Court: Allahabad
Decided on: Feb-13-2004
Reported in: 2004CriLJ3926
M.C. Jain, J.1. State of U.P. has lodged this appeal against the judgment and order of acquittal dated 21-1-1998 passed by Sri M. A. Khan, the then Sessions Judge Muzaffarnagar in Sessions Trial No. 68 of 1989. The four accused-respondents-Ajai Kumar, Shiv Swaroop, Anil Kumar Gupta and Smt. Sangeeta have been acquitted of the charges of Sections 498A and 304B, I.P.C. and Section 3/4 of Dowry Prohibition Act. The accused-respondent No. 3-Anil Kumar Gupta is the husband of the deceased-Poonam, whereas accused-respondent No. 1 -Ajai Kumar is the younger brother of the former. Accused-respondent No. 2 Shiv Swaroop is the father-in-law of the deceased-Poonam and the accused-respondent No. 4 Sangeeta is the sister of the husband of the deceased.2. The facts necessary to be stated for the decision of the appeal may be related. The incident took place in between the night of 6/7th June, 1988 in Mohalla Kambalwala Bagh within Police Station New Mandi, Muzaffarnagar and the report was lodged on ...
Budhdhoo Ram Vs. District Inspector of Schools and ors.
Court: Allahabad
Decided on: Feb-12-2004
Reported in: (2004)2UPLBEC1113
Sunil Ambwani, J.1. Heard Counsel for petitioner and learned Standing Counsel.2. The petitioner was appointed as Class-IV employee in Janta Intermediate College, Ranipur, Azamgarh. He was qualified and eligible but was not given promotion to Class-Ill post. In the year 1981, the Committee of Management advertised for a post of Assistant Clerk to be filled by Direct Recruitment. Shiv Prakash Singh and several others applied. After interview Shiv Prakash Singh was selected on the same day 27.7.1981 and appointment letter dated 19.11.1981 was issued. Petitioner Budhdhu Ram, a Class-IV employee made a representation that he was entitled to promotion under the Education Manual. The District Inspector of Schools disapproved the proposal and found that Budhdhu Ram is entitled for promotion. Shiv Prakash Singh filed a Writ Petition No. 15845 of 1981 which was allowed with direction to District Inspector of Schools to decide the matter and the claim of Budhdhu Ram. The District Inspector of Sch...
Oriental Insurance Company Ltd. Vs. Smt. Nargis and ors.
Court: Allahabad
Decided on: Feb-12-2004
Reported in: 2004ACJ1502; 2004(3)AWC1912
ORDERM. Katju and R.S. Tripathi, JJ.1. Admit.2. Issue notice to the respondents.3. This appeal has been filed by the Oriental Insurance Company Limited under Section 173 of the Motor Vehicles Act, 1988 (in short referred to as the Act). It has been held in a series of decisions by the Supreme Court and this Court e.g., in National Insurance Co. Ltd., Chandigarh v. Nicolletta Rohtagi and Ors., 2003 (1) AWC 23 (SC) : 2003 (1) SCCD 10 : JT 2002 (7) SC 251, that unless the conditions precedent specified in Section 170 are satisfied an insurance company has no right of appeal unless it is on the ground mentioned in Section 149(2). Section 170 of the aforesaid Act states that the insurance company can be impleaded provided the Tribunal for the reasons to be recorded in writing, is satisfied that there is collusion between the claimant and the opposite party or that the opposite party has failed to contest the claim. Thus, from a perusal of the aforesaid section it is obvious that the Tribuna...
Udai Pal Vs. Adhikshak and ors.
Court: Allahabad
Decided on: Feb-12-2004
Reported in: 2004CriLJ2695
M.C. Jainm J. 1. The petitioner has challenged the detention order 29th June, 2003, passed by respondent No. 2-District Magistrate, Sant Kabir Nagar under Section 3(2) of the National Security Act, 1980 and his continued detention thereunder.2. The grounds of detention are contained in Annexure-2 to the writ petition. The detention order was passed on the basis of the F. I. R. relating to crime No. 231 of 2003, P.S. Kotwali, Khalilabad, District Sant Kabir Nagar, inter alia, under Section 302, I. P. C. The incident had taken place on 20-4-2003 at about 2 p.m. The petitioner and his associates variously armed allegedly shot dead one Ram Ashish and caused firearm injuries to his companion Ajit Kumar who had come forward to his rescue. The dead body of Ram Ashish was allegedly dragged on the road upto his (petitioner's) door. This offence was allegedly committed near Vinod Rice Mill, Gajpur, Police Station, Khalilabad when Ram Ashish and his companions Ram Govind, Ajit Kumar Misra, Kamles...
Hindalco Industries Ltd. Vs. Appellate Authority, Under the Payment of ...
Court: Allahabad
Decided on: Feb-12-2004
Reported in: [2004(101)FLR1063]; (2004)IIILLJ148All
Sunil Ambwani, J. 1. Heard Sri Sanjay Misra for petitioner. No one appears for respondents. The petitioner is challenging the orders passed by Controlling Authority and the Appellate Authority under Payment of Gratuity Act, 1972, by which the petitioner had been directed to pay the entire amount of gratuity of Rs. 23,1907- along with cost of the case assessed as Rs. 1007- within 30 days.2. The claimant-respondent No. 3 was engaged as workman by the petitioner-company on December 8, 1965. After a domestic enquiry, he was dismissed from service on April 2, 1986 for an act of misbehaviour. The workman raised an industrial dispute which was referred and adjudicated as Industrial Dispute No. 61 of 1987 and was decided against him on February 24, 1989. A writ petition No. Nil of 1989 filed by the workman against the award was dismissed on November 1, 1989, The workman requested the company for payment of gratuity, and thereafter filed an application before the Controlling Authority under Pay...
Pramod Kumar Gupta Vs. Ist Addl. D.J. and ors.
Court: Allahabad
Decided on: Feb-12-2004
Reported in: 2004(3)AWC2648
ORDERAnjani Kumar, J.1. Heard Sri S. A. Shah, learned counsel for the petitioner.2. These two connected writ petitions, raise the common questions of fact and law, therefore, they are decided by a common judgment.3. Learned counsel for the petitioner, Sri S. A. Shah, has submitted that the petitioner, who was consignee of a consignment, booked through Railways from Mahoba to Kasganj in the district of Etah. Since the aforesaid consignment contained perishable item, namely, betel leaves, when the consignment did not reach within normal time at the destination the goods being perishable in nature were in fact perished. The petitioner, therefore, filed a suit for damages against the Railways. The suit was of the nature of small causes as per valuation of the case. The trial court framed issues and decided all the issues in favour of the plaintiff-petitioner and decreed the suit for a sum of Rs. 1,300 plus interest till the date of decree amount to Rs. 1,290 in the case of Writ Petition No...
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