Allahabad Court September 2005 Judgments
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Raj Kumar JaIn Vs. Oil Selection Board (North) and ors.
Court: Allahabad
Decided on: Sep-19-2005
Reported in: 2006(1)AWC246
Anjani Kumar, J.1. The petitioner-plaintiff aggrieved by the order dated 12th January, 2001, passed by the trial court, whereby the trial court rejected the amendment application filed by the petitioner approached the revisional court, who vide order dated 9th August, 2005, dismissed the revision filed by the petitioner, approached this Court by means of present writ petition under Article 226 of the Constitution of India, copies whereof are annexed as Annexures-'4' and '5', respectively to the writ petition.2. Heard learned counsel appearing on behalf of the parties.3. In short the facts of the present case are that the petitioner-plaintiff filed a suit in the year 1985 against the respondents-defendants before the trial court. Thereafter in the year 2000, after 15 years from the date of filing of the suit, the petitioner-plaintiff filed an amendment application under Order VI, Rule 17 of the Code of Civil Procedure seeking amendment in the plaint, which was partly allowed by the tria...
In Re: Ram Chandra Sharma
Court: Allahabad
Decided on: Sep-19-2005
Reported in: 2007CriLJ2225
1. We have heard Sri Ram Chandra Sharma son of late Sri Mohan Lal Sharma, who has been charged with having committed ex-facie contempt of High Court on 2-9-2005. We have also heard the learned Government Advocate.2. The earlier facts are as follows:On 2-9-2005 a Bench of five Hon'ble Judges passed the following order:This Bench assembled today at 2.00 p.m. for hearing the Criminal Contempt Case No. 25 of 2004.On the last hearing on 12th August, 2005, we had framed charges against 10 contemner-Advocates and the Court directed the Registry to serve the charges on the said contemners. Today's date was fixed by us on 12th August, 2005.Today, when the case started, Shri P.N. Saxena, learned Senior Counsel appearing on behalf of Rajendra Prasad Mishra, one of the contemners, made an application supported by affidavit, praying that the charges framed against Rajendra Prasad Mishra be recalled and he may be discharged from the contempt proceedings. Shri Saxena completed his arguments and there...
Dr. Rajendra B. Lal Son of Late Behari Lal, Vice-chancellor, Allahabad ...
Court: Allahabad
Decided on: Sep-16-2005
Reported in: 2005CriLJ250
S.S. Kulshrestha, J.1. Heard and also perused the materials on record.2. This petition has been brought for quashing the written report registered at case crime No. 312/05 under Sections 419 and 420 IPC at P.S. Naini, Allahabad. Simultaneously the liberty of the petitioners is desired to be protected by way of staying their arrest. Allegation lions have been attributed against Dr. Rajendra B. Lal, Vice-Chancellor of the Allahabad Agricultural Institute - Deemed University (the University) and Prof. A.K.A. Lawrence who are herein petitioners that they have introduced certain technical courses in the University without having approval under All India Council for Technical Education Act, 1987 (AICTE) or the relevant statutes and made fraudulent and dishonest inducement of students to take admission in those courses by making payment of exorbitant amount of fees. It is said that on account of disgruntled elements the entire trouble has been created in the University. Resultantly on 29 and ...
State of U.P. Vs. Daroga
Court: Allahabad
Decided on: Sep-16-2005
Reported in: 2005CriLJ4547
M. Chaudhary, J.1. This Government appeal has been filed on behalf of State of U. P. from the judgment and order dated 14th of December, 1981 passed by Sessions Judge Basti in Sessions Trial No. 14 of 1981 State of U. P. v. Daroga and Ors. acquitting the accused of the charge levelled against them under Sections 147, 148 and Section 302 read with Section 149 IPC.2. Since accused Daroga was reported having died State appeal with regard to him stood abated vide order dated 4-3-2005.3. Brief facts giving rise to this appeal are that Lal Bahadur Singh and his brother Jeet Bahadur Singh Were on inimical terms with Daroga, the Village Pradhan and others due to litigation going on between them. Akbar Ali @ Ghagghu, Anwar All, Hazrat Ali and Rauab Ali are sons of Daroga and Satlu is his son-in-law. Lais Mohammad, Hanif and Razzak are cousins of Daroga. Ayuub Mohammad and Akbar Ali are sons of Lais Mohammad. Sabir @ Sadiq and Shafakat are sons of Hanlf. Insan Ali is son of Razzak. At about 8.30...
Mahabali Vs. Central Administrative Tribunal and ors.
Court: Allahabad
Decided on: Sep-16-2005
Reported in: [2005(107)FLR1211]
B.S. Chauhan, J.1. This writ petition has been filed for setting aside the judgment and order dated 27/11/2003 (Annex-1) by which the original application of the petitioner has been dismissed by the Central Administrative Tribunal, Allahabad and order dated 23.8.2004 (Annex-2) by which the review application of the petitioner has been dismissed.2 Facts and circumstances giving rise to this case are that petitioner was appointed as a Gang Man under the Northern Railways Meja Road, Allahabad on 9.2.1981. Petitioner fell ill on 17.4.1988 and remained absent from duty. Respondent employer made its best efforts to hold the enquiry after serving the charge sheet, but the same could not be served as whereabouts of the petitioner were not known even to his family members. Their efforts to serve the charge sheet by special messengers and Registered Post failed. Thus, in view of the provisions of Rule 14(ii) of the Railway Servants (Discipline and Appeal) Rules, 1968 (in short Rules), enquiry wa...
N.L. Kushwaha Vs. Union of India (Uoi) and anr.
Court: Central Administrative Tribunal CAT Allahabad
Decided on: Sep-15-2005
Reported in: (2006)(2)SLJ81CAT
1. The question of law involved in this case is whether the transfer order issued to the applicant vide order dated 29.08.2005 (Annexure 1) suffers from any illegality warranting judicial inteference. The capsulated facts of the case precede consideration of the legal contentions put forward by either side from the succeeding paragraphs.2. The applicant, presently posted as the Superintendent of Post Office at Basti since mid April, 2005, after completion of this tenure at Bahraich who is due for superannuation in May, 2006, has, by virtue of order dated 29.08.2005 been transferred as "Officer on Special Duty" in the office of the Chief Post Master General, Gorakhpur and it is this order that has been challenged on the following grounds: 5 (a) Because the aforesaid impugned transfer order is totally arbitrary being in violation of the aforesaid Policy/Guidelines and as such the same is liable to be quashed. (b) Because from the aforesaid Policy/Guidelines, it would be evident that, as...
Smt. Rita Rani Widow of Late Surendra Kumar Beri Vs. Smt. Tanu Chauhan ...
Court: Allahabad
Decided on: Sep-15-2005
Reported in: 2006(1)AWC109
Vineet Saran, J.1. The petitioner Smt. Rita Rani claims herself to be widow of Surendra Kumar Beri. After the death of said Surendra Kumar Beri on 1.2.2001, the petitioner filed an application under the Indian Succession Act for grant of succession certificate on 19.2.2001. In the said application, under the column of persons related to the deceased, the petitioner had given her own name and that of her daughter alone and no one else. Admittedly, respondent No. 1 Tanu Chauhan is the daughter of the petitioner but not through Surendra Kumar Beri; although in the description of the array of parties it has been shown that she is the daughter of late Surendra Kumar Beri. While the said proceedings were pending before the trial court, the respondent No. 2 Smt. Harvansh Kaur Beri filed an application for impleadment, on the ground that she had got married to the said late Surendra Kumar Beri on 9.2.1968. Thereafter the said respondent No. 2 also filed a separate application for grant of succ...
Kishan Lal Son of Sohan Lal and NavIn Kumar JaIn Son of Vinay Kumar Ja ...
Court: Allahabad
Decided on: Sep-15-2005
Reported in: 2005CriLJ227
Poonam Srivastava, J.1. Heard learned counsel for the applicants and learned A.G.A. for the State.2. This application has been filed for quashing the charge sheet No. 8/2005 dated 23.1.2005 and also the order dated 15.2.2005 whereby cognizance was taken and summons under Section 424 I.P.C. has been issued against the applicants in case crime No. 474 of 2004 Police Station Brindava Mathura. The second prayer is that for quashing the order dated 17.2.2005 passed by the Chief Judicial Magistrate, Mathura refusing to release the goods loaded in the Truck No. HR-38D/8271, which was taken into custody on 12.12.2004 in connection with case crime No. 474 of 2004 under Sections 332, 353, 419, 420, 481, 482, 467, 468, 120B I.P.C. and Section 7 Criminal Law Amendment Act, Police Station Brindavan, District Mathura. This order has been confirmed in revision by the Additional Sessions Judge, Mathura in criminal revision No. 83 of 2005 vide judgment dated 18.8.2005.3. I have gone through the First I...
Aley Haider S/O Shri Shabbir Ali Vs. Deputy Commissioner, Customs, Icd ...
Court: Allahabad
Decided on: Sep-15-2005
Reported in: 2006(199)ELT787(All)
A.K. Yog, J. 1. The petitioner/Aley Haider, before us, has approached this Court by filing the present writ petition under Article 226, Constitution of India being aggrieved by the appellate judgment and order dated 5/11-10-2004 passed by the Chief Commissioner, Custom and Central Excise, Meerut Zone, Meerut in Appeal No. 05/CC/Meerut/2004 (Annexure-7 to the writ petition) rejecting request of the petitioner to permit him to avail one more chance to clear Customs House Agents Examination (for short 'CHA Examination') as contemplated under Regulation 9 of the Customs House Agents Licensing Regulations, 1984 (for short 'Regulations, 1984).2. The brief facts, giving rise to the present writ petition, are that the petitioner was given temporary CHA licence dated 20-11-2000 initially for one year (which was subsequently extended for another one year) as Customs House Agent (called-'CHA') at ICD Moradabad under Regulation 8 of Regulations, 1984. The said temporary licence in favour of the pe...
indrasen Singh Son of Sri Ram Bahadur Singh Vs. Commissioner, Gorakhpu ...
Court: Allahabad
Decided on: Sep-15-2005
Reported in: 2006(1)AWC987
Vineet Saran, J.1. Heard Sri Vashistha Tiwari, learned counsel appearing on behalf of the petitioner as well as learned Standing Counsel for the Respondents. Counter and rejoinder affidavits have been exchanged and with the consent of the learned counsel for the parties, this writ petition is being disposed of at the admission stage itself.2. The brief facts of this case are that the petitioner was granted an arms license. A notice for cancellation of his license was issued to the petitioner on 24.10.1995. Then by order dated 26.8.1997, his arms license had been placed under suspension. By an order dated 21.5.1999 passed by District Magistrate, Deoria such license of the petitioner has been cancelled on the ground that he is an accused in cases under Sections 25/27 Arms Act; Under Section 120B I.P.C. and also under Sections 107/ 116 Cr.P.C.; and that the petitioner has criminal antecedents. The appeal filed by the petitioner has also been dismissed by the Commissioner, Gorakhpur Divisi...
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