Allahabad Court December 2006 Judgments
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Suresh Kumar Modi Son of Late H.R. Modi Vs. State of U.P. Through Prin ...
Court: Allahabad
Decided on: Dec-12-2006
Reported in: 2007(1)AWC1020
Shiv Shanker, J.1. Criminal Misc. Writ Petition No. 6742 of 2006 (Suresh Kumar Modi v. State of U.P. and Ors.) and Criminal Misc. Writ Petition No. 6950 of 2006 (Mr. Amit Modi and Ors. v. State of U.P. and Ors.) have been filed regarding one criminal case, therefore, both the writ petitions are being disposed of by this common judgment. In both the writ petitions it has been prayed that issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report (hereinafter referred to as the F.I.R.) dated 10th May, 2006 lodged against the petitioner/s at Police Station Modi Nagar, District Ghaziabad as Case Crime No. 166 of 2006, under Sections 406 and 420 I.P.C.2. Heard Sri Gopal Swaroop Chaturvedi, learned Senior Counsel, assisted by Sri Udai Chandani and Sri Sikandar B. Kochar, learned Counsel appearing for thepetitioner's and learned A.G.A. as well as the Sri Brijesh Sahai and Sri B.C. Rai, learned Counsel appearing for the respondent No. 4 and peru...
Vijay Kumar Upadhyay Son of Surja Deo Sharma Vs. State of U.P. and Dee ...
Court: Allahabad
Decided on: Dec-12-2006
Reported in: 2007(1)AWC823
Ravindra Singh, J.1. This application has been filed on behalf of Deepak alias Prashant Tomar, O.P. No. 2 to recall the order dated 23.8.2005 passed by this court by which the bail granted to O.P. No. 2 by the learned Sessions Judge, Aligarh in Criminal Misc. Bail Application No. 1858 of 2004 vide order dated 11.8.2004 has cancelled.2. From the perusal of the order dated 23.8.2005 passed by this Court, it appears that even after the receipt of the notice O.P. No. 2 has not filed any counter affidavit and has not engaged any counsel on his behalf but the order was passed after considering the merits of the case also because according to the facts of the case, allegations against the applicant is that he has committed rape with a minor girl aged about 4 years. According to the medical examination report, the injuries were seen at the private parts of the prosecutrix. The bail was granted to the applicant by the learned Sessions Judge only on the ground of minority after considering the r...
Deepak Kumar Son of Mishri Lal Vs. State of U.P.
Court: Allahabad
Decided on: Dec-12-2006
Reported in: 2007(1)AWC895
Vijay Kumar Verma, J.1. Heard Sri Shravan Kumar Mishra, learned Counsel for the applicant and also perused the record.2. From the record it transpires that the applicant, Deepak Kumar had lodged an F.I.R. at P.S. Khaga, where a case under Section 332, 353, 504, 506, I.P.C. was registered at case crime No. 90/2004 against Ashok Kumar Singh. After investigation final report was submitted in the said case on the basis of that final report, F.R. case No. 11/2005 State v. Deepak Kumar was registered in the Court of Judicial Magistrate, Khaga, District Fatehpur and notice was issued to the applicant to appear and file objections if any against the said final report. It appears that when the applicant did not appear in the Court below, non-bailable warrant has been issued against him by an order dated 10.11.2006 by Sri Prahlad Tandon, Judicial Magistrate, Khaga. This order has been challenged in this proceedings under Section 482/Cr. P.C. by the applicant.3. It is submitted by the learned Cou...
Onkar Nath Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Dec-12-2006
Reported in: 2007(2)AWC1142
Ashok Bhushan, J.1. Heard Sri Ramendra Asthana, learned Counsel for the petitioner and Sri Govind Saran appearing for the respondents.2. By this writ petition the petitioner has prayed for quashing the order dated 24th April, 2006 passed by Estate Officer of Northern Eastern Railway. It has further been prayed that the petition dated 21.9.1995 filed by the respondents under Section 4/7 of Public Premises (Eviction of Unauthorized Occupants for short 1971 Act) Act, 1971 (hereinafter referred to as the Act) be quashed. Petitioner claims to be licensee of a piece of land from the Railway Authority. In this case he has been paying the rent to the respondents regularly. The respondents filed an application under Section 4/7 of 1971 Act for eviction of the petitioner and for realization of damages. The case of the respondents in the application is that the respondents are the owner of land and the petitioner has unauthorisingly occupied the said land, which needs to be vacated. While the pro...
Satyendra Kumar Son of Late Ram Pal Singh Vs. State of U.P. Through Se ...
Court: Allahabad
Decided on: Dec-11-2006
Reported in: [2007(112)FLR782]
D.P. Singh, J.1. Heard learned Counsel for the parties. This petition is directed against an order dated 22.4.2006 by which the claim of regular appointment of the petitioner has been rejected.2. A counter affidavit has been filed on behalf of the respondents. However, the learned Counsel for the petitioner does not propose to file any rejoinder affidavit and has prayed that the writ petition may be disposed off finally under the Rules of the Court. Thus, the petition is being finally decided with the consent of the parties.3. Father of the petitioner was working as seasonal clerk in Cane Development Union Limited, Mawana in district Meerut when he died in harness on 7th April, 1993. On the application of the petitioner he was appointed as a seasonal clerk vide order dated 19.3.1994 on compassionate ground. The petitioner joined and started working and receiving salary. He made representations for being given a permanent appointment as clerk stating that by mistake he has been given se...
Smt. Basmati Devi Vs. State Bank of India and ors.
Court: Allahabad
Decided on: Dec-11-2006
Reported in: [2007(113)FLR947]
Shri Narayan Shukla, J.1. Heard Mr. H.G.S. Parihar, learned Counsel for the petitioner and Mr. Sudeep Seth, learned Counsel for the respondents.By means of the present writ petition, the petitioner has prayed for issuing a writ of mandamus commanding the opposite parties particularly opposite party No. 3 to give appointment to the petitioner on compassionate ground on any suitable post ignoring the family pension, post retiral benefits and assets of the family of the deceased, The petitioner has also prayed for quashing the order dated 19.11.2002 passed by the Branch Manager, Region-IV Zonal Office Gorakhpur, whereby the petitioner's request for compassionate appointment has been rejected on the ground that the retiral dues of the deceased employee is Rs. 5.2 lacs and the family pension is Rs. 3900/- per month as well as monthly relief from MVVS is Rs. 375/- is being paid to the family of the deceased employee. Thus including family pension and relief from MVVS and interest on investme...
Commissioner of Wealth-tax Vs. Ravi Malhotra
Court: Allahabad
Decided on: Dec-11-2006
Reported in: [2007]292ITR171(All)
1. The Income-tax Appellate Tribunal, Delhi Bench 'D', New Delhi, has referred the following question of law under Section 27(1) of the Wealth-tax Act, 1957, for the opinion of this Court:Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the assessment made by the Wealth-tax Officer at Agra was to be annulled on the ground that he had no legal jurisdiction over the matter as there was no valid transfer of the case ?2. The reference relates to the assessment year 1978-79.3. Briefly stated the facts giving rise to the present reference are that the assessee-opposite party had filed a return of wealth disclosing net wealth of Rs. 1,60,500 on March 5, 1982. The proceedings for assessment were taken by the Wealth-tax Officer, D-Ward, Circle-I, Agra, by issuing notice under Sub-section (2) of Section 16 of the Act. Pursuant to the notice the respondent-assessee along with Sri S.P. Kapoor attended the proceedings from time to time. After disc...
Mahanagar Ghaziabad Chetna Munch Through Its President, Sri Ram Avtar ...
Court: Allahabad
Decided on: Dec-08-2006
Reported in: 2007(2)AWC1113
Amitava Lala, J.1. Petitioners made this writ petition in the form of a Public Interest Litigation (sometimes called as PIL) praying inter alia as follows:I. Issue a writ, order, or direction in the nature of mandamus/prohibition thereby prohibiting the construction of the proposed 'Haj House' over the land of Khasra 1399 (area 4.535 acre) at village Arthala, situated at the bank ('doob kshetra') of river Hindon, near the National Highway No. 58 E in pargana Loni, tehsil and district Ghaziabad.II. Issue a writ, order, or direction in the nature of mandamus commanding the respondents to immediately stop the construction of the proposed 'Haj House' over the land of Khasra 1399 (area 4.535 acre) at village Arthala, situated at the bank ('doob kshetra') of river Hindon, near the National Highway No. 58 E in pargana Loni, tehsil and district Ghaziabad.III. Issue any other writ, order, or direction, which this court may deem fit and proper.IV. Award the cost of the petition to the petitioner...
Rashmi Pandey Vs. Chairman/Managing Director, Hindustan Petroleum Corp ...
Court: Allahabad
Decided on: Dec-08-2006
Reported in: 2007(1)AWC517
B.S. Chauhan, J.1. The proceedings of the Dealer Selection Committee of Hindustan Petroleum Corporation Ltd., (hereinafter referred to as the 'Corporation') taken in the meeting held on 4.11.2003, have been challenged in the present petition and a further direction has been sought that the Letter of Intent may not be issued in favour of private respondent No. 5, i.e.. Shri Keshav Nath Shukla (hereinafter referred to as 'Shri Shukla') pursuant to the aforesaid selection. Other consequential reliefs have also been sought.2. An advertisement was issued by the Corporation on 14.9.2000, for allotment of dealership of High Speed Diesel and Petrol. A perusal of the advertisement and the eligibility criteria as published by the Corporation shows that the applicant should have been a resident of the concerned district. For the said purpose, the applicants were required to produce separately a residence certificate issued within previous six months of the date of application duly signed by the C...
Smt. Jahani Wife of Kishna Harijan Vs. Smt. Shashi Bala Wife of Sri Su ...
Court: Allahabad
Decided on: Dec-08-2006
Reported in: 2007(2)AWC1134
Sunil Ambwani, J.1. Heard Shri P.K. Pandey, learned Counsel for appellant and Shri A.N. Bhargava, learned Counsel for respondent.2. The defendant's second appeal arises out of O.S. No. 518 of 1971 for cancellation of sale deed dated 28.7.1970, The suit was dismissed on 26.3.1977. The Civil Appeal No. 156 of 1977 was allowed by 1st Additional District Judge, Muzaffarnagar on 8.8.1977, decreeing the suit for cancellation of sale deed dated 28.7.1970.3. The second appeal was admitted on grounds No. 1 and 6 as substantial questions of law as under:I. Whether the plaintiff-respondent had any right to file the suit for cancellation of a sale deed which was void under Section 168-A of the U.P. Zamindari Abolition and Land Reforms Act as in view of the provision of Section 189(aa) of the U.P. Zamindari Abolition and Land Reforms Act the plaintiff-respondent would also have no right whatsoever left in the disputed land. The suit should have therefore been dismissed on this ground alone.6. Wheth...
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