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Allahabad Court December 2007 Judgments

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Dec 04 2007

Radhey Shyam Srivastava Son of Sri P.N. Srivastava Vs. State of U.P. T ...

Court: Allahabad

Decided on: Dec-04-2007

Reported in: [2008(117)FLR31]

Rafat Alam and Sudhir Agarwal, JJ.1. Heard learned Counsel for the parties. The learned Counsel for the parties agree that considering the legal issues raised in this writ petition it may be heard and decided finally at this stage. The learned Counsel for respondents also states that he does not prop se to file counter affidavit, though opposed the writ petition by making oral submission, and, therefore, the writ petition has been heard and is being disposed of finally at this stage under the Rules of the Court.2. The petitioner being aggrieved by the order dated 12.09.2007 passed by the Vice-Chairman, Kanpur Development Authority placing him under suspension, has come to this Court under Article 226 of the Constitution of India, seeking a writ of certiorari for quashing the aforesaid order of suspension.3. Sri C.L. Pandey, learned Senior Advocate assisted by Sri Manoj Kumar appearing for the petitioner has contended that under Rule 4 of the U.P. Government Servant (Discipline and Appe...


Dec 04 2007

Prof. Ram Naresh Chaudhry S/O Shadri Prasad Chaudhry and Vs. State of ...

Court: Allahabad

Decided on: Dec-04-2007

Reported in: 2008CriLJ1515

Vijay Kumar Verma, J.1. 'Whether the revision against an order passed under Section 156(3) of the Code of Criminal Procedure directing registration of F.I.R. and investigation of the case is maintainable', is the main question that falls for consideration in this revision, which has been preferred against the order dated 20.04.2004 passed by Additional Chief Judicial Magistrate, Court No. 14, Gorakhpur in misc. application No. 140 of 2004, whereby S.H.O., P.S. concerned has been directed to investigate the case after lodging the F.I.R. on the basis of the application moved by Prof. Anirudh Prasad (opposite party No. 3).2. The facts leading to the filing of this revision, in brief, are that Prof. Anirudh Prasad was the Head of Department of Law Faculty in Deen Dayal Upadhyay University, Gorakhpur in the year 2002-03. He moved an application (Annexure-1) under Section 156(3) of the Code of Criminal Procedure (Cr.P.C. for short) in the Court of Chief Judicial Magistrate, Gorakhpur on 10.0...


Dec 04 2007

Bauram Alias Dukhan and ors. Vs. Munni and ors.

Court: Allahabad

Decided on: Dec-04-2007

Reported in: 2008(2)AWC1336

Tarun Agarwala, J.1. This is plaintiffs' second appeal having lost from both the courts below. The plaintiffs filed a suit for permanent injunction restraining the defendant Nos. 17 to 19 from interfering in their possession over the land in question. The plaintiffs alleged that in Plot No. 837, there existed their ancestral house and that plot No. 248 was an open piece of land, which was their sehan. The plaintiffs alleged that the land initially belonged to the ancestors of defendant Nos. 1 to 16 and pursuant to a partition amongst the ancestors of Nos. 1 to 16, plot No. 248 fell into the share of the father of defendant No. 1, namely, Ram Jatan, who came into possession and after the death of Ram Jatan, defendant No. 1 came into possession and executed a surrender deed dated 6.2.1967 in favour of the plaintiffs and since then, the plaintiffs are in possession. The plaintiffs also contended in the alternative, that even, otherwise, prior to the surrender deed, they were in possession...


Dec 03 2007

Pradyumna Pati Tripathi S/O Late Kedar Pati Tripathi Posted as Deputy ...

Court: Allahabad

Decided on: Dec-03-2007

Reported in: 2008(1)AWC943; [2008(116)FLR602]

D.P. Singh, J.1. Heard learned Counsel for the parties.Pleadings are complete and with the consent of the parties, this petition is being disposed of finally under the Rules of the Court.2. Ratan Sen Degree College, Bansi District Siddharth Nagar (hereinafter referred to as the College) is an aided and recognized Degree College affiliated to Gorakhpur University now known as Deen Dayal Upadhyaya, Gorakhpur University, Gorakhpur. The petitioner was appointed as Deputy Librarian in the College by the Management vide its order dated 10th January, 1977 and joined on 15.2.1977, thereafter, his services were confirmed vide resolution of the Management dated 14.11.1981. A post of Hindi lecturer fell vacant in the College and since the petitioner was duly qualified he applied and appeared before the Selection committee and was duly selected and appointed and his appointment was approved by the Vice-Chancellor on ad hoc basis till the regular incumbent selected from the Commission joins vide hi...


Dec 03 2007

Girish Chandra Singh Son of Late Kanhaiya Singh Sub-inspector (Grp) (R ...

Court: Allahabad

Decided on: Dec-03-2007

Reported in: 2008(1)AWC906; [2008(116)FLR599]

Pankaj Mithal, J.1. Heard Sri Manoj Kumar Singh, learned Counsel, for the petitioner and the Standing counsel for the respondents No. 1 to 4.The petitioner by means of this writ petition has challenged the order of his removal from service dated 24.8.2005 and the appellate order dated 5.4.2006 rejecting his appeal thereafter.2. The petitioner is a Sub-Inspector (GRP) in the Police Department. On a complaint made by his wife Smt. Savitri Devi that the petitioner has remarried and is living with one Smt. Usha Singh as husband' and wife, a fact finding enquiry was set up against him. On the basis of the fart finding enquiry a departmental enquiry was instituted against the petitioner and an enquiry officer was appointed. The. enquiry officer issued a charge sheet on 19.9.2003 to the petitioner and after considering the explanation of the petitioner submitted his report dated 11.6.2004. The enquiry officer held the petitioner guilty on two counts namely (1) Bigamy under Rule 29 of the UP. ...


Dec 03 2007

Parmanand Singh and anr. Vs. Smt. Kaushilya Devi and ors.

Court: Allahabad

Decided on: Dec-03-2007

Reported in: 2008(2)AWC1650

S.P. Mehrotra, J.1. Case called out in the revised list. Sri M. D. Singh Shekhar, learned senior counsel appearing for the appellants, is present. None is present on behalf of the respondents.2. I have heard Sri M.D. Singh Shekhar, learned senior counsel appearing for the appellants, and perused the record.3. The present appeal has been filed against the award dated 13.4.2006, passed by the Motor Accident Claims Tribunal/Additional District Judge (Court No. 2), Ghazipur whereby an amount of Rs. 1,67,000 alongwith interest at the rate of 6% per annum from the date of filing of the claim petition, has been awarded.4. It appears that on 7.8.2006, the appeal was admitted and an interim order was granted by this Court. The said order dated 7.8.2006 is reproduced below:Admit.Issue notice.Respondents No. 1 to 5 are represented by Sri R.K. Singh and Sri A. P. Misra, advocates.From perusal of the award passed by the Claims Tribunal, it is clear that appellants have deposited a sum of Rs. 75,000...


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