Allahabad Court February 2006 Judgments
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Lalloo @ Nahar Singh Son of Sri Charan Singh Vs. the State of U.P. and ...
Court: Allahabad
Decided on: Feb-13-2006
Reported in: 2006CriLJ1790
Vinod Prasad, J.1. Heard learned counsel for the applicant and the learned A.G.A2. The applicant is aggrieved by the charge framed under Section 120B I.P.C. He has filed the photo-copy as well as certified copy of the said charge dated 21.1.2006,3. Learned A.G.A as well as learned counsel for the applicant agreed that this application be disposed off finally and in this view of the matter It is being considered finally. From the perusal of the said charge, it is amply clear that the applicant has not been charged any substantive offence. The only charge framed against him is under Section 120B I.P.C. The charge under Section 120B I.P.C. simplicitor cannot be framed against anybody, as he cannot be said to have conspired for an offence, which is not known.4. Under the scheme of the code of criminal procedure, the charge is to be framed on the basis of the evidence contained in the case diary. Section 120B is an offence of conspiracy. The said section cannot be applied simplicitor unless...
Ram Dayal Meth Son of Sri Sampat Vs. State of U.P. Through Secretary H ...
Court: Allahabad
Decided on: Feb-13-2006
Reported in: 2006(3)AWC2908; [2006(110)FLR85]
Rakesh Tiwari, J.1. Heard counsel for the parties and perused the record.2. The petitioner claims that he was appointed as Labourer Meth with the respondents-Food Corporation of India, Chandari, Kanpur Nagar. It is further claimed by the petitioner that the date of birth certificate submitted by him before the respondents has been lost by them in which his date of birth was shown as 21.2.1955 whereas the date of birth in the service record of the petitioner has wrongly been recorded as 31.1.1946. The petitioner gave an application for correction in the date of birth on 26.8. 1993 in which the petitioner has mentioned his date of birth as 21.2.1955. He has also sent a letter dated 26.8.1997 to the respondents stating that his date of birth is 21.2.1955 and that he has also submitted a School Leaving Certificate to the respondents in which his date of birth has been given as 21.2.1955 but no action has been taken and the petitioner is going to retire prematurely.3. From the perusal of th...
Arun Kumar Vs. Viith A.D.J. and ors.
Court: Allahabad
Decided on: Feb-13-2006
Reported in: 2006(2)AWC2051
Bharati Sapru, J.1. I have heard learned Counsel for the petitioner Sri Pankaj Mithal, Sri K.C. Saxena learned Counsel for the contesting respondents and have perused the entire record.2. The facts of the case are that the petitioner leased out a plot of land measuring 100' x 100' situated at Meerut-Delhi Road, Meerut, which was part and parcel of khasra plot No. 1965, A registered lease deed was executed on 6.6.1972 in favour of respondent No. 3 for a period of 20 years commencing from the 1st of May, 1972. The lease deed is on record and records that the said plot with one small room and a dug was leased out for the purpose of establishing and running a petrol pump. The lease rent as agreed was fixed at Rs. 500 per month for two years and Rs. 600 per month for next eight years and finally Rs. 700 per month for the last ten years.3. From a perusal of lease deed, the intention of the parties was that the lease was being made for the land. There was no intention to convert the lease int...
Dinesh Kumar Vs. Rent Control and Eviction Officer and ors.
Court: Allahabad
Decided on: Feb-13-2006
Reported in: 2006(3)AWC2898
Anjani Kumar, J.1. By means of present writ petition under Article 226 of the Constitution of India, the petitioner Dinesh Kumar, who is applicant for allotment of the accommodation in dispute, which is covered by the. provisions of the U.P. Act No. XIII of 1972, here-in-after referred to as 'the Act', challenges the orders passed by the Rent Control and Eviction Officer, Muzaffarnagar, dated 15th December, 2004 and 19th October, 2005, copies whereof are annexed as Annexures-'13' and '15', respectively to the writ petition.2. The brief facts of the present case are that Smt. Suman Goel, wife of Sudhir Kumar was the landlord, who entered into a registered agreement with regard to sale of the accommodation in dispute with Smt. Punam Goel, wife of Purshottam Kumar. The then tenant Satyapal Tyagi has vacated the accommodation, which is in dispute. The petitioner filed an application for allotment of the accommodation in dispute on the ground that there is a vacancy and he is in need of the...
Manoj Kumar Swami S/O Sri Govind Hari Swami Vs. State of U.P.
Court: Allahabad
Decided on: Feb-10-2006
Reported in: 2006CriLJ1781
R.K. Rastogi, J.1. This is an application under Section 482 Cr.P.C. for quashing the order dated 18.1.2006 passed by the Acjdl. Sessions Judge-VIth, Ghaziabad in S.T. No. 68 of 2001, State v. Manoj Swami and Ors., under Sections 498A, 304B I.P.C. of police station Sihani Gate, Ghaziabad.2. The facts relevant for disposal of this application are that the applicants, Manoj and other co-accused persons are facing trial under Sections 498A, 304B I.P.C. in the aforesaid case. It appears from perusal of the order of the learned Addl. Sessions Judge that the prosecution evidence has been recorded and the case is fixed for defence evidence. The accused had moved an application for summoning the record of Kanya Vidyalaya Khurja for tenth class pertaining to the years from 1997 to 1999. Their allegation is that the deceased Shashi had stated in her dying declaration that she had passed High School examination from the aforesaid school three years ago. This statement was given by her on 8.9.2000....
Dr. K.S. Misra Son of Late Shri Bhola Nath Mishra, Retired Professor, ... Overruled
Court: Allahabad
Decided on: Feb-10-2006
Reported in: [2006(109)FLR728]
Sushil Harkauli and Vikram Nath, JJ.1. The petitioner initially worked as Lecturer in English in the Banaras Hindu University. He subsequently joined Aligarh Muslim University where he was confirmed in June, 1988. The petitioner claims that he had applied giving his option for counting of his past services for pensionary benefits within one year of his joining/confirmation.2. Statute 61(6)(iv)(iii) of the First Statutes of the University prescribes the counting of past services for pensionary benefits provided such option is given and the amount of gratuity received from the previous employer is deposited by the employee with the University within one year. 3. Annexure-1 to the rejoinder affidavit of the petitioner is a photo-copy of the 'dispatch register' of the University which mentions sending of the option for counting past: services of the petitioner on 30.1.89.4. This rejoinder affidavit was served upon the learned counsel for the Aligarh Muslim University on 1.9.2003 but no rep...
Rajendra Kumar Shukla Son of Late Beni Madhav Shukla and Smt. Kusma Sh ...
Court: Allahabad
Decided on: Feb-10-2006
Reported in: AIR2006All173; 2006(2)AWC2039
K.N. Ojha, J.1. Instant appeal has been preferred against order dated 10.2.04 passed by learned Addl. District Judge, court No. 4 Fatehpur in civil suit No. 26/70/02(Rajendra Kumar Shukla and Ors. v. Vishnu Kumar Shukla and Ors.) whereby the Application 4-A- moved by the appellant Rajendra Kumar Shukla and his wife Smt. Kusma Shukla for handing over minor Yaklendra Kumar Shukla in their guardianship was rejected.2. Heard Sri M.P. Yadav, learned counsel for the appellant and Sri S.K. Pal learned counsel for respondent No. 1 and 2 and Sri Amit Srivastava learned counsel for the respondents and have gone through the record.3. The facts as disclosed from the record is that Rajendra Kumar Shukla is resident of village Shivramau, P.S. Ghazipur, district Fatehpur. At present he lives in House No. 92/93 LIG, Avas Vikas Colony, Civil Lines, Fatehpur. Opposite party No. 1 Vishnu Kumar Shukla and opposite party No. 2 Smt. Ansuiya Devi @ Bitti wife of Vishnu Kumar Shukla live in Mohalla Krishna co...
Rakesh and ors. Vs. Collector/District Deputy Director, Consolidation ...
Court: Allahabad
Decided on: Feb-10-2006
Reported in: 2006(2)AWC1774
Krishna Murari, J.1. This writ petition is directed against the order dated 3.6.2003 passed by the Deputy Director of Consolidation, Baghpat, in exercise of power conferred by Section 48(3) of the U. P. Consolidation of Holdings Act (for short the Act) directing to expunge 'Amaldaramad' of the names of the petitioners from the land in dispute.2. The facts as set out in the writ petition are that the Land Management Committee of Village Barnawa District Meerut (now District Baghpat) made allotment of certain land in favour of the petitioners 1st Set and pro-forma respondents No. 7, 8 and 9, in the year 1983. The village was notified for consolidation operation on 27.6.1983. Time barred objections under Section 9 of the Act was filed by the petitioners 1st Set for mutation of their names on the basis of the said allotment. The Consolidation Officer vide order passed on different dates condoned the delay and allowed the objections filed by the petitioners 1st Set. Similarly, objections fi...
Gayatri Devi Daughter of Late Bhoopal Das Vs. Principal, P.M.V. Polyte ...
Court: Allahabad
Decided on: Feb-10-2006
Reported in: 2006(3)AWC2974
V.C. Mishra, J.1. Heard Shri R.P. Mishra learned Counsel for the petitioner and Shri A.K. Goel learned Counsel for the respondents. Counter and rejoinder affidavits have been exchanged On the joint request of learned Counsel for the parties this writ petition is being disposed off at the admission stage itself under the Rules of Court.2. By means of this writ petition the petitioner has prayed for quashing of the impugned order dated 12.10.2000 (annexure-14 to the writ petition) passed by respondent No. 1 rejecting the claim of the petitioner providing appointment on compassionate ground.3. The facts of the case in brief are that the father of the petitioner who was accountant in PMV Polytechnic, Mathura died on 18.6.1992. Respondent No. 1 offered a job to one of the family members on compassionate ground through a letter-dated 1.7.1992 addressed to the widow of the deceased for a class IV post. In response to the same, son of the deceased Sri Suresh Chandra requested the respondents t...
Rajesh Kumar Verma Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Feb-10-2006
Reported in: 2006(3)AWC2478
Anjani Kumar, J.1. Since the orders under challenge are between the same parties and raises common questions of facts and law, therefore, are being decided by a common judgment.2. Petitioner aggrieved by the order passed by the Rent Control and Eviction Officer dated 31st May, 2003 whereby the Rent Control and Eviction Officer declared the vacancy under the provisions of Section 12 of the U.P. Act No. 13 of 1972 (in short 'the Act') and directed for notification of the vacancy in the accommodation in dispute. It is this order which is under challenge in the Writ Petition No. 30464 of 2004. In Writ Petition No. 30797 of 2005 the same petitioner challenges the order passed by the Rent Control and Eviction Officer releasing the accommodation in dispute in favour of the landlord pursuant to the declaration of vacancy in view of the order challenged in the Writ Petition No. 30464 of 2004 and the order passed by the revisional court whereby the revision filed by the petitioner has been dismi...
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