Allahabad Court February 2005 Judgments
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Tilak Ram and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Feb-04-2005
Reported in: 2005CriLJ2752
Imtiyaz Murtaza, J.1. The present appeal has been filed against the judgment land order dated 23.12.1977 passed by 1st Additional Sessions Judge, Meerut whereby the appellants have been convicted under Section 148 I.P.C. and sentenced to undergo rigorous imprisonment for two years and under Section 302 read with 149 I.P.C. sentenced to undergo imprisonment for life and under Sections 323/149 I.P.C. sentenced to undergo rigorous imprisonment for three months. All the sentences to run concurrently.2. The brief facts of the case as mentioned in the first information; report are that on 21.1.1977, Suresh Chand, informant alongwith his brother Janmejay, cousin Jagbandhan and brother-in-law Ajab Singh were working in their field. Tilak Ram, Satyaveer, Vakil & Lekhpal were also ploughing their field. At about 10 A.M. they started cutting soil from the Daul of their field. On this Jagbandhan objected and the accused persons started abusing. Randhir Singh also reached there and intervened. The ...
Vijai Shankar Alias Lal Babu Son of Shiv Shankar and Rama Shankar Alia ...
Court: Allahabad
Decided on: Feb-04-2005
Reported in: 2005CriLJ2765
Imtiyaz Murtaza , J.1. The present appeal has been filed against the judgment and order dated 19.2.1982 passed by the then Sessions Judge, Mirzapur in Sessions Trial No. 117 of 1981 whereby the appellant Vijai Shankar alias Lal Babu has been convicted under Section 302/307 I.P.C. and sentenced to under go rigorous imprisonment for life and 5 years respectively and appellant Rama Shankar alias Chhote has been convicted under Sections 302/34 and 307/34 I.P.C. and sentenced to under go rigorous imprisonment for life and 5 years respectively. The sentences of both the appellants have been directed to run concurrently.2. The brief fact mentioned in the F.I.R. lodged by Ashok Kumar Misra is that about 15 days back Vijai Shankar alias Lal Babu and Chhote Shukla came to his house and asked him to marry his sister Deepak Kumari with Vijai Kumar alias Lal Babu. He replied that marriage of his sister is settled in village Tedui district Varanasi and 3rd June is fixed. He would not marry his siste...
Vinod Kumar Vs. Nathu Ram
Court: Allahabad
Decided on: Feb-04-2005
Reported in: 2005(1)ARC576; 2005(2)AWC1514
Anjani Kumar, J.1. By means of present writ petition under Article 226 of the Constitution of India, the petitioner-tenant challenges the orders passed by the prescribed authority as well as by the appellate authority under the provisions of U.P. Act No. XIII of 1972.2. The facts leading of the filing of present writ petition are that the respondent-landlord filed an application under Section 21 (1) (a) of the U.P. Act No. XIII of 1972, here-in-after referred to as 'the Act', before the prescribed authority for the release of the accommodation in question in possession of the petitioner-tenant on the ground that at the time when the accommodation was let out to the petitioner, the children of the landlord were minor and the landlord was in possession of one room accommodation on the first floor, whereas the tenant was in possession of ground floor room. It has been further asserted in the release application that the landlord has three sons aged about 28 years, 25 years and 20 years, r...
Mahendra Kumar Singh Vs. Xiith Additional District Judge and ors.
Court: Allahabad
Decided on: Feb-04-2005
Reported in: 2005(1)ARC613
Anjani Kumar, J.1. This writ petition under Article 226 of the Constitution of India filed by the petitioner-tenant challenges the orders passed by the prescribed authority as well as the appellate authority under the provisions of the U.P. Act No. 13 of 1972.2. The facts leading to the filing of the present writ petition are that landlady Smt. Shakuntala Devi Jain filed an application under Section 21 (1) (a) of the U.P. Act No. 13 of 1972 (in short 'the Act') for the release of the accommodation in possession of the petitioner-tenant on the ground of her personal requirement. The landlady has stated in her application under Section 21 (1) (a) of the Act that the family of the landlady Smt. Shakuntala Devi Jain consists of (a) herself, aged about 75 years; (b) Sri A.K. Jain, son; (c) Smt. Kamini Jain, wife of A.K. Jain; (d) Km. Manisha Jain, daughter of A.K. Jain, aged 19 years; (e) Km. Nashima Jain, daughter of A.K. Jain, aged 17 years; (f) Km. Ashima Jain, daughter of A.K. Jain, age...
Vijay Prakash Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-04-2005
Reported in: 2005(1)ESC649
B.S. Chauhan, J.1. The special appeal has been filed against the judgment and order dated 23.12.2004 of the learned Single Judge dismissing the writ petition of the petitioner for issuing direction to treat the petitioner as belonging to members of Scheduled Caste being a member of 'Bhar/Rajbhar' community.2. The facts and circumstances giving rise to this case are that the petitioner/appellant belongs to Bhar/Rajbhar caste, which falls in the category of Denotified Tribe (Vimukti Jati). Persons belonging to Bhar and Rajbhar communities of the district Azamgarh, in the State of Uttar Pradesh, had earlier been notified under the provisions of Criminal Tribes Act 1924 (hereinafter called the Act 1924). The Act 1924 stood repealed in 1952 and all the communities included in the schedule thereof stood de-notified, and certain benefits have been given to them, for example, making certain reservations of the seats in educational institutions. The petition was filed for issuing direction to t...
Kumud Singh Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Feb-04-2005
Reported in: 2005(1)ESC661
B.S. Chauhan, J.1. This special appeal has been filed against the judgment and order of the learned Single Judge dated 20.12.2004 by which the writ petition of the appellant/petitioner has been dismissed for issuing direction to the respondents to recheek the answer book of the appellant/petitioner in presence of her representative and declare the final result accordingly.2. The facts and circumstances giving rise to this appeal are that the appellant/petitioner appeared in the final examinations held in March 2004 by the Central Board of Secondary Education, hereinafter called 'the Board'. The result was declared in June 2004, wherein the appellant/petitioner could not pass the paper of Mathematics I and she could appear in the supplementary examination. The said supplementary examination was conducted on 30.7.2004, however she could not clear the said paper, when the result was declared on 20.8.2004.3. Being aggrieved, appellant/ petitioner filed an application for rechecking of her ...
Ali Jabed Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Feb-04-2005
Reported in: 2005(2)ESC892
Shishir Kumar, J.1. By means of the present writ petition, the petitioner has approached this Court for issuing a writ of certiorari quashing the Order of discharge dated 16.9.1995 under Rule 13 (III) (v) of the Army Rules.2. The fact arising out of the present writ petition is that the petitioner joined the Indian Army as Sipahi on 22.6.1984 and after completion of 11 years, two months and two days, has been discharged from service on 16.9.1995. The petitioner's case is that petitioner has got a clean service record and has participated in the operation of Sri Lanka and he is a disciplined soldier and, therefore, the Order of discharge under the aforesaid Rule is illegal and is liable to be set aside. The case of the petitioner is that the petitioner was given only five days leave to attend his seriously ill wife from Pathankot to Fatehpur which was insufficient and a telegram was sent by the petitioner for its extension and no reply was given by the authorities and, as such, the resp...
M.K. Singh Vs. Xiith A.D.J. and ors.
Court: Allahabad
Decided on: Feb-04-2005
Reported in: 2005(2)AWC1534
Anjani Kumar, J.1. This writ petition under Article 226 of the Constitution of India filed by the petitioner-tenant challenges the orders passed by the prescribed authority as well as the appellate authority under the provisions of the U. P. Act No. 13 of 1972.2. The facts leading to the filing of the present writ petition are that landlady Smt. Shakuntala Devi Jain filed an application under Section 21 (1) (a) of the U. P. Act No. 13 of 1972 (in short 'the Act) for the release of the accommodation in possession of the petitioner-tenant on the ground of her personal requirement. The landlady has stated in her application under Section 21(1) (a) of the Act that the family of the landlady Smt. Shakuntala Devi Jain consists of (a) herself, aged about 75 years ; (b) Sri A.K. Jain, son : (c) Smt. Kamini Jain, wife of A.K. Jain ; (d) Km. Manisha Jain, daughter of A.K. Jain, aged 19 years ; (e) Km. Nashima Jain, daughter of A.K. Jain, aged 17 years ; (f) Km. Ashima Jain, daughter of A.K. Jain...
Adare Madarsa Ziaul-ul-um, a Registered Society, Under the Societies R ...
Court: Allahabad
Decided on: Feb-04-2005
Reported in: 2005(2)AWC1725
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. This writ petition has been filed challenging the order dated 26.2.2001 passed by the Assistant Registrar, Firms, Societies & Chits, Azamgarh Region, Azamgarh (respondent No. 1) whereby certificate of renewal of the Society has been granted on the basis of the yearly list for 2000-2001 in exercise of powers under Section 3-A of the Societies Registration Act, 1860 (in short the Act). By the order dated 26.2.2001 Sri Iltaf (respondent No. 2) is held to be the Secretary of the Society and the list of office bearers for the year 2000-2001 submitted by respondent No. 2 is held to be valid. By the aforesaid order the election held on 7.10.2000 alleged to have been conducted by petitioner No. 3 has been held to be illegal and has been cancelled.3. Sub-section (4) of Section 3-A of the Act is reproduced as under: -'(4) Every application for renewal of the certificate shall be accompanied by a list of members of the ma...
Sobha Singh S/O Dadu Singh Vs. Udai Bhan Singh S/O Shri Devi Dayal Sin ...
Court: Allahabad
Decided on: Feb-04-2005
Reported in: 2005(2)AWC1743; 2005(3)ESC1890
Arun Tandon, J.1. Heard Sri Rishikesh Tripathi on behalf of the petitioner and Jamal Ahmad on behalf of respondent Nos. 1 to 4. 2. Petitioner Sobha Singh filed Original Suit No. 529 of 1993 for mandatory injunction for dispossession of the defendants from the house and Maveshikhana situate at Plot Nos. 323, 324, 325, 326 and 343 village and post Makari, Tehsil Atarra, District Banda3. In the said suit issue no. 10 was framed to the effect whether the disputed property is an agriculture land. For the purpose of decision of the aforesaid issue, the trial court referred the matter under Section 33(i)(a) of the U.P. Zamindari Abolition and Land Reforms Act to the Assistant Collector Atarra, Banda. The Assistant Collector, Atarra by means of his order dated 10.6.2002, after hearing the parties, answered the reference holding therein that the land covered by Plot Nos. 323, 324, 325, 326 and 343 is an agricultural land. In view of the aforesaid order of the Assistant Collector, the trial cour...
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