Allahabad Court April 2004 Judgments
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Vinod Kumar Sharma Vs. Dealer Selection Board and ors.
Court: Allahabad
Decided on: Apr-20-2004
Reported in: 2004(4)AWC3431
ORDERM. Katju, J.1. This writ petition has been filed praying for a writ of certiorari to quash the appointment of respondent No. 3 by order dated 22.3.2002 as retail outlet dealer of Indian Oil Corporation for the area between Rijore and Jasrana district Etah.2. Heard learned counsel for the parties.3. The respondent No. 2 Indian Oil Corporation Ltd., advertised in the news paper inviting applications for appointment of retail outlet dealer. True copy of the advertisement is Annexure-1. One of the places where the retail outlet was to be set up was at Etah Shikohabad Road between Rijore and Jasrana. Admittedly the petitioner did not apply as stated in para 6 of the petition. He has alleged that he was not in a position to purchase an appropriate site in the area mentioned in the advertisement. It is admitted that the respondent No. 3 has been appointed as retail outlet dealer for the said area on 22.3.2002. In para 10 of the petition it is alleged that In pursuance to his selection as...
Jamil UddIn Vs. Deputy Director of Consolidation and ors.
Court: Allahabad
Decided on: Apr-19-2004
Reported in: 2004(3)AWC2442
S.N. Srivastava, J.1. Legality of order dated 30.10.2002 passed by Deputy Director Consolidation has been canvassed by means of the present petition on the ground that the revisional authority interfered with the allotment without explaining why the authority concerned was not inclined to accept the appreciation recorded by the appellate authority.2. In the instant case, the dispute revolves round plot No. 240, which according to the petitioner was purchased by him from Midhai Lal, the original tenure holder. It transpires from the perusal of the record that two sale deeds were executed by Midhai Lal in relation to plot No. 240, one in favour of petitioner and the other in favour of respondent No. 4. At the stage of Consolidation Officer, on objection being filed, the authority concerned assigned plots 245 and 268 to Midhai Lal, original tenure holder of plot No. 240 while plot No. 240 was allotted to respondent No. 4. The petitioner aggrieved by the order preferred appeal before the S...
Om Prakash and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Apr-19-2004
Reported in: 2004CriLJ3939
Amar Saran, J.1. By our order dated 24-2-2004, we have allowed the appeal and passed the following orders :'Heard Sri Viresh Mishra, learned counsel for the appellants, learned AGA and perused the record.Appeal is allowed. Judgment and order dated 18-11-1981, passed by VI Additional Sessions Judge, Agra in Sessions Trial No. 82 of 1979, is hereby set aside. The appellants are on bail. They need not surrender. Their bail bonds are cancelled and sureties are discharged.Detailed reasons for acquittal of the accused will be given later.'2. We now proceed to give our reasons for the said order.3. This appeal was preferred from the judgment dated 18-11-1981 passed by Sri C. P. Singh, VI Additional Sessions Judge, Agra in Sessions Trial No. 82 of 1979, State v. Om Prakash. By this judgment the learned trial Court had convicted the appellants Om Prakash, Ram Prakash and Smt. Premwati to imprisonment for life under Section 302/ 34, I. P. C. As Govind Ram the fourth accused had died during the p...
Mohd. Islam and anr. Vs. District Judge and ors.
Court: Allahabad
Decided on: Apr-16-2004
Reported in: 2004(3)AWC2448
Arun Tandon, J.1.These three writ petitions arise out of the same selection held in the judgeship of Jaunpur for the post of Stenographer. All the writ petitions are being decided under this common judgment.2. In the judgeship of Jaunpur an advertisement was published inviting applications for appointment on the post of Stenographers, under the Subordinate Civil Courts Ministerial Establishment Rules, 1947 (hereinafter referred to as the 'Rules'), as amended from time to time, after selection was held, a select-list was declared vide order dated 18th November, 1993 of the District Judge. The said select-list comprised of six persons, namely, S/Sri Avinash Kumar Maurya, Rajendra Kumar Maurya, Shambhu Nath Maurya, Mohd. Islam, Ratan Kumar Pandey and Siyaram Yadav in order of merit. In the select list itself, it was mentioned that there are only two vacancies of Stenographers in the pay scale of Rs. 1,200-2,040. The persons who were enrolled at serial Nos. 1 and 2 were offered appointment...
Takan and anr. Vs. State
Court: Allahabad
Decided on: Apr-16-2004
Reported in: 2004CriLJ4258
Ghanshyam Dass, J.1. By means of the instant appeal the conviction order recorded on 21st May, 1980 by the Court of the VIIth Additional Sessions Judge Shahjahanpur in Sessions Trial No. 113 of 1979 has been challenged by the accused persons namely Takan and Raghubir (father and the son). Both of them have been awarded life imprisonment for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code.2. During the pendency of the instant appeal the accused Takan has died with the result, his appeal was ordered to be abated. Thus, we are concerned in the instant appeal with the accused Rabhubir only.3. Smt. Vidyawati wife of Beni Ram is alleged to have been murdered by the accused in furtherance of their common intention on 16th April, 1978 at about 6.00 or 6.30 a.m. in village Bari, Police Station Kanth, District Shahjahanpur, by causing fire-arm injuries to her.4. Regarding the motive for the commission of the crime in question it is alleged that one Chhote L...
Sheo Kanth Prasad Verma and ors. Vs. Gaon Sabha Gosua and ors.
Court: Allahabad
Decided on: Apr-16-2004
Reported in: 2004(4)AWC3513
Devi Prasad Singh, J.1. Heard Sri A. S. Chaudhary learned counsel for the petitioner as well as Sri R. K. Srivastava, learned standing counsel,2. The submission of the learned counsel for the petitioner is that an area of one bigha 10 dhur a part of plot. No. 448 situated in village Gosua, pargana Mallawan, Tehsil Bilgram, district Hardoi, was allotted to the petitioner No. 1 for construction of house on payment of Rs. 150 to the Gaon Sabha on 17.1.1982. A copy of which has been annexed as Annexure-1 to the writ petition. Similarly, the plots were allotted to the other petitioners, i.e., petitioner Nos. 2 to 11 by the Gaon Sabha in pursuance to payment of certain charges. The relevant facts has been pleaded in para 1 of the writ petition. The submission of the learned counsel for the petitioner is that after allotment of plot for residential purpose by the Gaon Sabha the petitioner has started construction over the said plot.3. The submission of the learned counsel for the petitioner i...
Radha Mohan Singh and ors. Vs. State
Court: Allahabad
Decided on: Apr-16-2004
Reported in: 2005CriLJ167
U.S. Tripathi, J.1. This appeal has been nominated by the order of Hon'ble the Chief Justice dated 29-3-2004 to this Bench under Section 392 , Cr.P.C. for opinion, as there was difference of opinion between the Hon'ble Judge (Hon'ble S.K. Agarwal, J. and Hon'ble K.K. Misra, J.) of the Bench which heard and decided it.2. The appeal was directed against the judgment and order dated 16-6-1980 passed by the Sessions Judge, Ballia in Sessions Trial No. 50 of 1980 convicting the appellants Radha Mohan, Devendra Singh alias Mutuk Singh, Kaushal Kishore, Tej Bahadur Singh and Kapil Deo Singh under Sections 302 read with 149, IPC and sentencing each of them to imprisonment for life, further convicting appellants Tej Bahadur Singh and Kapil Deo Singh under Section 147, IPC and sentencing each of them to undergo R.I. for a period of one year, further, convicting Radha Mohan, Devendara Singh and Kaushal Kishore under Section 148, IPC and sentencing each of them to undergo R.I. for a period of two ...
Satendra Kumar Srivastava Son of Daal Chandra Srivastava Vs. Presiding ...
Court: Allahabad
Decided on: Apr-16-2004
Reported in: [2005(105)FLR950]
Rakesh Tiwari, J.1. Heard learned counsel for the parties arid perused the record.2. Writ Petition No. 13893 of 1985 was filed by the Department, i.e., U.P. State Road Transport Corporation challenging the validity and correctness of the award dated 31.1.1985. The petitioner filed this cross writ petition, i.e., Writ Petition No. 11792 of 1985 challenging the same award on the ground that he could not be treated differently than Sri Viranji Lal, Driver whose offence was more serious. The Court while dictating judgment madvertently overlooked the relief sought in the writ petition filed by the workman for grant of wages from the date; of suspension to the date of order passed by the Labour Court. It is submitted that the judgment in Writ Petition No. 13893 of 1985 was wrongly placed on record of this Writ Petition No. 11792 of 1985 as the, judgment; governed the facts of Writ Petition No. 13893 of 1985 and as such there is no order on merits of Writ Petition No. 11792 of 1985 filed by t...
Uttaranchal Welfare Society Vs. Commissioner of Income Tax and ors.
Court: Allahabad
Decided on: Apr-15-2004
Reported in: (2004)188CTR(All)525; [2004]268ITR214(All)
1. Heard learned counsel for the parties and learned counsel for the Department.2. The petitioner has prayed for a writ of certiorari quashing the appointment of respondent No. 4 as special auditor by the CIT, Ghaziabad, under Section 142(2A) of the IT Act.3. We have gone through the averments in the writ petition. From a perusal of Annex. IX to the writ petition it appears that there are allegations of huge misappropriation of the society's funds directly or indirectly made by the assessee in favour of close relatives of the founder members of the society. Also fictitious expenses appear to have been claimed under the different heads of expenses debited in the income and expenditure account. The donations received by the assessee are also to be examined in the light of its proper utilisation for charitable purposes. The Addl. CIT, Range-2, Ghaziabad, was of the opinion that in the absence of the books of accounts, prima facie the income of property of the society is indirectly diversi...
Rakesh Chandra Mittal and ors. Vs. Addl. District Magistrate and anr.
Court: Allahabad
Decided on: Apr-15-2004
Reported in: AIR2004All302; (2004)3UPLBEC2434; MANU/UP/0271/2004
Krishna Murari, J.1. By means of the present petition filed under Article 226 of the Constitution of India, the petitioner has challenged the order dated 24th February, 1990 passed by the Additional District Magistrate (Finance and Revenue), Moradabad under Sections 47 and 33 read with Section 40 of the Indian Stamps Act (hereinafter referred to as 'the Act').2. We have heard Sri A.K. Gaur, learned counsel for the petitioners and the learned Standing Counsel for the respondents.3. We are conscious of the fact that the petitioner has an alternative statutory remedy available under Section 56 of the Act before the Chief Controlling Revenue Authority, U. P. However, since the petition was entertained by this Court and was admitted in the year 1990 and remained pending for more than 13 years, we do not think it proper to relegate the petitioners to the forum of alternative remedy after lapse of such a considerable period.4. The factual matrix as set out in the petition is that the petition...
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