Allahabad Court March 2005 Judgments
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Abhey Pal Singh Son of Sri Jagdish Singh, Assistant Teacher, Sri Swami ...
Court: Allahabad
Decided on: Mar-04-2005
Reported in: 2005(2)ESC1103
Tarun Agarwala, J.1. In an educational institution known as Swami Purnanand Inter College, Chirodi, Bulandshahr, one Karan Singh, a Lecturer retired on 30.6.1991 and after his retirement one Raghuraj was promoted on an adhoc basis on the post of a Lecturer. Consequently, the post of an Assistant Teacher fell vacant and this vacancy, being a short term vacancy, could not be filled up by way of promotion. The said vacancy was duly notified to the District Inspector of Schools, Bulandshahr on 6.5.1995. It further transpires that on 24.8.1996 an advertisement was also made in the newspapers, which had a wide circulation and a selection committee met on 34.8.1996 in which the petitioner's name was recommended and subsequently, the committee of management issued a letter of appointment dated 25.8.1996. On this basis, the petitioner joined on 27.8.1996. The Committee of Management, the respondent No. 3 forwarded the papers to the District Inspector of Schools, Bulandshahr for approval.2. The ...
Virendra Upadhyay S/O Badri Upadhyay and Upendra Upadhyay S/O Badri Up ...
Court: Allahabad
Decided on: Mar-04-2005
Reported in: 2005CriLJ2333
M. Chaudhary, J. 1. This appeal has been filed by accused appellants from judgment and order dated 17th of November 2003 passed by Additional Sessions Judge/Fast Track Court Ghazipur in Sessions Trial No. 358 of 1998 State of UP versus Virendra Upadhyaya & another under Section 302 read with Section 34 IPC and sentencing each of them to imprisonment for life and a fine of Rs. 10,000.00 and in default of payment of fine to undergd one year's rigorous imprisonment. Co-accused Badri Upadhyaya died during pendency of the trial and his trial was abated.2. Brief facts giving rise to this appeal are that at about 8:45 p.m. on 25th of July 1998 Manoj Kumar Upadhyaya along With his brother Ram Bilas Upadhyaya who was posted as Block Development Officer at Beruadwari Block in District Ballia and alighted from the jeep were going to their house at Gahmar Patti Govind Rai within the limits of police station Gahmar District Ballia; that as they reached in front of the house of Bhola Upadhyaya Viren...
Shankar Prasad Jaiswal S/O Late Sh. Raghunath Prasad Jaiswal Vs. Elect ...
Court: Allahabad
Decided on: Mar-04-2005
Reported in: 2005(2)ESC1233
S.P. Mehrotra, J.1. Pursuant to the order dated 17.12.2004, the ease is listed today.2. In the order dated 15.10.2004, It was, interalia, noted that as regards the respondent Nos. 2, 4, 6, 8, 10,12, 14, 15 and 15, the Office had submitted its Report dated 15.10.2004 stating that the notices sent by Ordinary Process to the said respondents had been served.3. As regards the notices sent to the said respondent Nos. 2, 4, 6, 8, 10, 11, 12, 14, 15 and 16 by Registered Post A/D, the Office Report dated 4.3.2005 shows) that neither A/D nor undelivered envelopes in respect of the Registered Post A/D sent to the said respondents have been returned back so far.4. As the notices sent to the said respondent Nos. 2, 4, 6, 8, 10, 11, 12, 14, 15 and 16 by Ordinary Process have been served; service of notices sent to the said respondents by Registered Post A/D is deemed to be sufficient 5. By the order dated 17.12.2004, fresh notices were directed to be issued by Ordinary Process to the respondent Nos...
Smt. Laxmi Devi Wife of Late Vishan Swaroop Gupta Vs. State of U.P.,
Court: Allahabad
Decided on: Mar-04-2005
Reported in: 2005(2)ESC1145; [2005(105)FLR787]
Tarun Agarwala, J.1. The petitioner's husband was a stenographer in the Collectorate at Ghaziabad and died in harness on 4.2.1996. The petitioner alleged that she was the second wife of her husband. The first wife had died in the year 1993 and thereafter, the petitioner married her husband according to Hindu rituals and customs. Out of the first marriage of her husband, two children were born, namely, Km. Jyoti Gupta and Mukesh Gupta. Upon the death of here husband in 1996, the petitioner applied in June 1997 for an employment on compassionate ground under the U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules 1974 [hereinafter referred to as the Rules] The authorities by an order dated 12.3.1997 directed the petitioner to obtain a succession certificate so that her case for an employment on compassionate ground could be considered. Accordingly, the petitioner filed an application before the Civil Judge for a grant of a succession certificate. These proceeding...
Moti Lal Vs. Bhagwan Das
Court: Allahabad
Decided on: Mar-04-2005
Reported in: 2005(1)ARC856
Sushil Harkauli and G.P. Srivastava, JJ.1. We have heard learned Counsel for the appellant as well as the learned Counsel for the respondents who has appeared on the strength of a caveat.2. This is an appeal under Section 96 CPC by the defendant against the Judgment and Decree dated 9.12.2004 passed by the Upper Civil Judge (Sr. Div.) Court No. 1 Aligarh, whereby the Suit No. 745 of 1992 for specific performance of a registered agreement for sale of immovable property has been decreed.3. On merits two arguments have been advanced by the learned Counsel for the appellant.4. The first argument is that the defendant-appellant had taken the defence that the suit instituted on 25.11.1992 for specific performance of the registered agreement dated 7.9.1988 was barred by limitation.5. As against this, the respondent has pointed out from the impugned judgment that there was a second registered agreement dated 15.6.1989 between the same parties which mentions that the partition could not take pl...
Ram Nagina Yadav Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Mar-04-2005
Reported in: 2005(2)ESC1448; [2005(105)FLR745]
Sunil Ambwani, J.1. Heard Sri Ashok Khare, Senior Advocate assisted by Sri Sanjay Kumar for petitioner and Sri Lalji Sinha, learned Counsel for the respondents.2. The petitioner was serving as Constable in Railway Protection Special Force (RPSF). In writ petition No. 18638 of 1993, he has sought directions to quash the orders dated 2.11.1991 passed by Commanding Officer 2nd Bn/RPSF/Gorakhpur, by which he was removed from service after a departmental enquiry, and the orders dated 22.5.1992 and 15.3.1993 by which his appeal and revision have been dismissed by Chief Security Commissioner/RPSF, and Director General, Railway Protection Force respectively.3. In writ petition No. 4823 of 1991 the petitioner has prayed for quashing the orders dated 7.11.1990 and 3.1.1991 and to issue writ of mandamus, directing the respondents to appoint a Gazetted Officer (Assistant Commandant) to conduct the D.A.R. Enquiry against the petitioner.4. Brief facts giving rise to these writ petitions, are that wh...
Commissioner of Income-tax Vs. Amrit Banaspati Co. Ltd.
Court: Allahabad
Decided on: Mar-04-2005
Reported in: [2005]277ITR559(All)
K.L. Manjunath, J.1. The Income-tax Appellate Tribunal, New Delhi, has referred the following question of law under Section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), for opinion to this court :'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was legally correct to cancel the order passed by the Commissioner of Income-tax under Section 263 because when the Income-tax Appellate Tribunal passed the order the law stood amended and applied to all years before or after the amendment ?'2. The reference relates to the assessment year 1982-83.3. Briefly stated the facts are as under :The respondent-assessee is a public limited company deriving income from manufacture and sale of vegetable ghee, refined oil, soap and paper. It had filed a return of income finally at Rs. 79,26,250. The assessment was completed under Section 143(3) of the Act by the Assessing Officer vide orders dated March 29, 1985, determining the inc...
Deo Raj Son of Indra NaraIn Vs. the State of Uttar Pradesh, Through Se ...
Court: Allahabad
Decided on: Mar-03-2005
Reported in: AIR2005All192; 2005(3)AWC2626
Ashok Bhushan, J.1. Heard Sri Arvind Srivastava learned counsel for the petitioner, Sri Mukesh Prasad, learned counsel appearing for the respondent No. 4 and the learned standing counsel. Counter and rejoinder affidavits have been exchanged, by consent of parties the writ petition is being finally decided.2. By this writ petition the petitioner has prayed for quashing the order dated 15.12.2004 passed by the respondent No. 1 by which preliminary objections raised against the maintainability of the revision were rejected. The delay in filing the revision by the respondent No. 4 was condoned. Brief facts necessary for deciding the controversy raised in this writ petition are:The petitioner was granted a mining lease under Chapter II of the U.P. Minor Minerals (Concession ) Rules, 1963 ( hereinafter referred to '1963 Rules') in the year 1997 for a period of three years. The renewal for a further period of three years was granted by the order dated 18.2.2000. Another application for renewa...
State of U.P. Vs. Surjeet Singh Son of Nirmal Singh
Court: Allahabad
Decided on: Mar-03-2005
Reported in: 2005CriLJ2778
M.C. Jain, J. 1. The accused respondent Surjeet Singh was convicted under Section 307 I.P.C. by judgment dated 30.8.1983 passed by Sri Mohi-Ul-Islam, the then VII Additional Sessions Judge, Bareilly in Sessions Trial No. 447 of 1981 for causing gunshot injuries to three children, namely, Dhanvant Singh, Sonu and Balwinder Oberai who were on a Rikshaw. The incident occurred on 13.11.1980 at about 8 A.M. in Mohalla Subhash Nagar near Khanna Building within P.S. Kotwali, District Bareilly. He was sentenced to undergo two years' rigorous imprisonment but instead of sending him to jail, the trial judge gave him the benefit of Section 4 read with Section 6 of the Probation of Offenders Act, 1958 and he was directed to enter into a personal bond of Rs. 2000/- and to furnish two sureties, each in the like amount to the satisfaction of the court for keeping peace and be of good behaviour during a period of two years. He was to remain under the supervision of the District Probation Officer, Bare...
Rakesh Kumar Gupta, Sahayak Nagar Adhikari, Nagar Nigam, Vs. State of ...
Court: Allahabad
Decided on: Mar-03-2005
Reported in: 2005CriLJ2776
K.N. Ojha, J.1. Instant application has been moved by Rakesh Kumar Gupta and two others, employees of Nagar Nigam, Gorakhpur, under Section 482 Cr.P.C. to quash proceeding of Complaint Case No. 1189 of 2002 pending against them in the Court of Additional Chief Judicial Magistrate III, Gorakhpur, under 147, 427, 504, 506, 120B, 382, 148, 451 I.P.C. and Section 3(1)(x) of S.C. S.T. Prevention of Atrocities Act and also to quash the order dated 18.3.2004 whereby the applicants have been summoned to face trial.2. Heard Sri Kumar Anish, Advocate, holding brief of Sri Satish Mandhyan, Seamed counsel for the applicants, Sri S. D. Kautilya learned AGA and Sri K. M. Tripathi, counsel for the O.P. No. 2 and have gone through the record. 3. Applicants are employees of Nagar Nigam, Gorakhpur. The applicant No. 1, Rakesh Kumar Gupta is Sahayak Nagar Adhikari, applicant No. 2, Parasnath Shukla is Revenue Inspector and applicant No. 3 Sheshnath Shukla is an employee of Nagar Nigam, Gorakhpur. Affidav...
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