Allahabad Court March 2008 Judgments
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Nagendra Kumar and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Mar-19-2008
Reported in: 2008CriLJ3231
R.K. Rastogi, J.1. This is an application under Section 482 Cr. P.C. to quash the summoning order dated 16.01.2007 passed by the learned Chief Judicial Magistrate, Allahabad in complaint case No. 2652 of 2006 Smt. Ranjana v. Nagendra and Ors. The facts relevant for disposal of this application are that the complainant opposite party No. 2 filed the aforesaid complaint against the accused applicants with these allegations that her marriage had taken place with accused No. 1 Nagendra Kumar in the year 2004 and sufficient dowry was given to her husband and in laws at the time of marriage. The accused No. 2 Ram Bahadur is her father-in-law, accused No. 3 Raghurani is her mother-in-law, accused No. 4 Km. Manju is unmarried sister-in-law (Nanad), accused No. 5 and 6 Rajendra Kumar and Mahendra Kumar are her brothers-in-law (Jeth), accused No. 7 and 8 Smt. Kusum Devi and Smt. Babita are wife of Rajendra Kumar and Mahendra Kumar, respectively they all are residents of village Agarpatti, P.S. P...
Prem Nath Son of Late Vishwa Nath Vs. State of Uttar Pradesh Through S ...
Court: Allahabad
Decided on: Mar-19-2008
Reported in: [2008(117)FLR839]
Pankaj Mithal, J.1. The prayer made in the present writ petition is for the issuance of a writ of certiorari quashing the suspension order dated 24.2.2007 passed by the Chairman, Nagar Palika Parishad, Mirzapur and for quashing of the charge sheet dated 22.5.2007. A further prayer for quashing of transfer order dated 14.2.2007 and 21.2.2007 of the petitioner has also been made.2. According to petitioner his father was a Driver with the Nagar Palika Parishad, Mirzapur. He died on 24.2.2005 in harness and, therefore, the petitioner and his two brothers, all of whom are also in service of the Nagar Palika Parishad, Mirzapur as Drivers claimed post death dues of their father. The said post death dues of their father were not paid and the petitioner and his brothers were put to harassment by the Clerk Subhash Chandra Srivastava. On the complaint of the petitioner to the Anti Corruption Department a trap was laid against the aforesaid Clerk Subhash Chandra Srivastava and he fell in the trap....
Smt. Asha Kapoor Wife of Sri S.P. Kapoor Vs. Addl. Collector (Finance ...
Court: Allahabad
Decided on: Mar-19-2008
Reported in: 2008(2)AWC1879
Sunil Ambwani, J.1. Heard learned Counsel for the petitioner and learned standing Counsel for all the respondents. With the consent of parties, the matter was heard and is finally disposed of at the admission stage.2. The petitioner preferred an appeal No. 53 of 2007-08 against an order dated 10.12.2007 passed by the Additional Collector (Finance & Revenue) Ghaziabad, by which in a Stamp Case No. 426/2006-07 under Section 47A of Indian Stamp Act in respect of sale of Khasra No. 2049 Gha area 0.0942 hectares situate in village & Pargana Dasna, District Ghaziabad by document No. 8223/9.10.2006, it was found that the market value of the property was much higher and while assessing the market value at the residential rates the petitioner was required to pay Rs. 1,36,900/- as deficiency in stamp duty and Rs. 73,100/- as penalty (total Rs. 2 lacs) with 1.5% interest per month. The Commissioner, Meerut Division, Meerut has, by his order dated 16.1.2008, while admitting the appeal and summonin...
Amit Vs. Nirmal Sahu
Court: Allahabad
Decided on: Mar-19-2008
Reported in: AIR2008All105
ORDERTarun Agarwala, J.1. A petition under Article 226 of the Constitution of India has been filed by the natural guardian and mother for a writ of habeas corpus directing her husband to produce her two year old son. The applicant contended that the marriage with the opposite party was solemnized in the year 2004 and a male child was born in the year 2005. On account of harassment and the demand for dowry, which the applicant was unable to accede, the opposite party threw her out on 10-7-2007 and illegally took the custody of the male child. In paragraph 11, the applicant alleged that, she is now residing with her parents and contended that she is the mother and natural guardian of the child and that the opposite party has illegally detained the child without any authority of law. It was also contended that under Section 6 of the Hindu Minority and Guardianship Act. 1956, the custody of the child below 5 years of age is always with the mother and therefore, prayed that the child be pro...
Akhtar HusaIn Vs. A.K. Vashishtha and ors.
Court: Allahabad
Decided on: Mar-19-2008
Reported in: [2008(119)FLR525]; (2009)ILLJ758All
Tarun Agarwala, J.1. Heard Sri Sharad Kumar Srivastava, the learned Counsel for the applicant and Sri Vijay Dixit, the learned Counsel holding brief of Sri Sandeep Dixit, the learned Counsel for the opposite parties.2. The claim application of the applicant was allowed by the Public Service Tribunal by an order dated March 24, 1994, by which the Tribunal held that the applicant was entitled for appointment on the post of Junior Telephone Tester and that the department was liable to pay salary to him w.e.f. April 25, 1989 along with interest @ 12% per annum. The Tribunal also imposed a cost of Rs. 200/-. It transpires that the department filed a writ petition before the Court which was dismissed by a judgment dated October 19, 1994. The Court while affirming the order of the learned Tribunal also imposed a sum of Rs. 5000/- as cost upon the department and further directed the opposite party to pay interest @ 18% per annum instead of @ 12% per annum as imposed by the Tribunal, in the eve...
Dr. Suresh Chandra Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-19-2008
Reported in: [2008(117)FLR699]
Yatindra Singh and Ran Vijay Singh, JJ.1. The petitioner was District Homeopathic Medical Officer, Azamgarh. He was given charge-sheet on 12.2.2002 levelling four charges against him. The petitioner filed his reply and thereafter an enquiry; report was submitted on 8.1.2003. The petitioner was awarded a censure entry and his integrity was withheld by the order dated 21st May, 2003. The petitioner filed representation against the same, it was rejected on 25th October, 2005. In pursuance to the enquiry report the petitioner was also punished by the order dated 25th October, 2005 by which his integrity and one increment was withheld. Hence the present writ petition.2. We have heard learned Counsel for the petitioner and learned Standing Counsel for the respondents.3. By the enquiry report the charge No. 1 and charge No. 4 were partly proved. Charge No. 1 was that the petitioner had not deducted the income tax from his salary at source.4. The enquiry officer recorded the finding that the p...
District Bar Association Through Its President Om Harihar Mishra S/O L ...
Court: Allahabad
Decided on: Mar-18-2008
Reported in: AIR2008All135; 2008(2)AWC1841
Anjani Kumar and Sudhir Agarwal, JJ.1. Learned Counsel for the petitioner sought to assail the letter dated 25-1-2008 issued by Additional District Judge, Deoria, requiring the President/Secretary District Advocate Association to provide a list of advocate members who are interested for allotment of lawyers chamber after payment of requisite security as provided therein. It is contended that the procedure for allotment sought to be followed by respondent No. 2 is not consistent with the procedure prescribed in the Government order dated 06-9-2004 which provides that allotment of Chamber in the court would be made by a Committee consisting of District Judge and Member of the Bar Association.2. It is submitted that the aforesaid procedure for allotment of advocates' chamber, is binding on the District Judge, Deoria, respondent No. 2 and, therefore, the impugned order which is contrary to the said procedure, is liable to be set aside.3. On the contrary learned Standing Counsel appearing f...
District Administrative Committee Through Its Member Secretary and Sec ...
Court: Allahabad
Decided on: Mar-18-2008
Reported in: 2008(2)AWC1881
D.P. Singh, J.1. Heard Sri S.K. Rai, learned Counsel for the petitioner, learned Standing Counsel for the respondent No. 1 and Sri A.R. Dube, learned Counsel appearing for the respondent workman.2. The leading petition No. 36355 of 2007 is against an award dated 29.3.2007 rendered by the labour court and the connected petition is against an order dated 24.1.2008 passed for execution of the aforesaid award. With the consent of the parties, both the petitions are being disposed of and the necessary facts of the leading petition are being considered.3. The respondent workman was appointed a Cadre Secretary and the Chief Executive of the Co-operative Society in 1976. He was placed under suspension on 11.3.1992 whereafter a charge sheet levelling several charges, including for financial misdemeanour was served on him on 23.3.1993 and after holding a domestic enquiry, the District Administrative Committee, after examining the record, the report of the enquiry officer etc., passed a resolutio...
Ram Avtar S/O Late Sri Sukhi Vs. State of U.P. Through the Chief Secre ...
Court: Allahabad
Decided on: Mar-18-2008
Reported in: 2008(2)AWC1884
V.M. Sahai and R.N. Misra, JJ.1. The petitioner has challenged the order dated 25.10.2004 passed by Sub Divisional Magistrate, Billari, Moradabad, by which the auction of the pond for fisheries was cancelled. The relief sought is that the respondents be directed to execute the lease in his favour.2. We have heard Shri Rahul Chaudhary, learned Counsel for the petitioner, learned Standing Counsel for the respondents No. 1 to 3 and Shri Anuj Kumar for respondent No. 5.It appears from the record that pond situate in plot No. 342 area 1.26 hectares in village Udranpur Chak alias Birampur, tehsil Billari, district Moradabad was proposed to be auctioned for pisciculture in the year 2004. The auction proceedings were initiated and several persons had participated in the bid. The petitioner was the highest bidder, but vide impugned order (annexure-4 to the writ petition) the bid was cancelled mainly on three grounds namely:(1) There was no wide publication of the notice for auction.(2) The bid ...
Rajendra Singh Son of Late Sri Shivraj Singh Vs. State of U.P. Through ...
Court: Allahabad
Decided on: Mar-18-2008
Reported in: 2008(4)AWC3310(All)
Amitava Lala, J.1. The second appeal has been placed before us by an administrative order dated 24th September, 1993 by the then Chief Justice of the High Court due to conflicting decisions between two learned single Judge having been connected with several writ petitions previously arising out of common question. All matters are decided by this common judgement making binding effect upon all such cases. The Second Appeal No. 496 of 1988, Civil Misc. Writ Petition No. 7343 of 1989 and Civil Misc. Writ Petition No. 7343 of 1996 have been dealt with as leading cases.2. Although several substantial questions of law are raised by the appellant but in view of the arguments as put forward by the learned Counsel appearing for the appellant as well as the writ petitioners, the following questions are inevitable to be considered by this Court:Whether as per Section 122-B Sub-sections (4-C), (4-D) & (4-E) of U.P.Z.A. & L.R. Act, 1950, civil suit is the appropriate remedy to resolve the dispute ?...
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