Allahabad Court May 2008 Judgments
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Ashraf Ali Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-05-2008
Reported in: [2008(117)FLR927]
Sanjay Misra, J.1. Heard Sri G.K. Singh learned Counsel for the petitioner and learned Standing Counsel for respondent No. 1 and 2 Sri Jitendra Singh on behalf of Sri. Mahfooz Qazi (complainant who has not been made a party in the writ petition).According to learned Counsel for the petitioner the petitioner was given appointment as Assistant Teacher in Muslim Qudrat Inter College, Seohara, District Bijnor on the vacancy created due to promotion of one Sri Shamim Ahmad Zaidi and by an order dated 21.8.1995 (Annexure 4 to the writ petition) passed by the District Inspector of Schools, Bijnor the approval to his appointment was duly given. According to the petitioner upon the complaint of one Sri Mahfooz Qaji who claims to be the member of the committee the District Inspector of Schools has proceeded and passed the impugned order directing for cancelling the appointment of the petitioner and stepping his salary on the ground that at the time of appointment in the year 1995 the petitioner ...
Surendra Kumar Srivastava and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-05-2008
Reported in: [2008(117)FLR1063]
Bharati Sapru, J.1. The petitioners are aggrieved by an order dated 22.8.1983, which is an order passed by the Accounts Officer by which their salaries were stopped. The petitioners' case is that they were validly appointed teachers in the Azad Uchchatar Madhyamik Vidyalaya, Runuwan Pokharbhinda, Gorakhpur.It is their contention that the posts had been created validly and they had been appointed validly under the orders of the District Inspector of Schools. Upon receiving a complaint from a committee of management the Director of Education at Allahabad issued a letter on 6.4.1983 directing that the salary should only be paid after scrutiny and investigation of the case and, therefore, their salaries were stopped.3. A supplementary counter affidavit has been filed by the State in which it has been stated that the arrears have also been paid to the petitioners after the scrutiny and investigation was over.4. These facts are stated in the supplementary counter affidavit filed by Sri Awadh...
Syed Mohd. Sajjad Ali Khan Son of Syed Mohd. Kasim Ali Khan Vs. Assist ...
Court: Allahabad
Decided on: May-02-2008
Reported in: 2008(4)AWC3294(All)
Janardan Sahai, J.1. Akbar Ali Khan created a waqf-alal-aulad in respect of certain properties by a deed dated 26.7.1934. By the said deed Akbar Ali Khan appointed himself as the first Mutawalli. He died on 16.12.1958 leaving behind three sons Qasim Ali Khan, Kazim Ali Khan and Raza Ali. On his death the names of these sons was mutated as their bhumidari. Qasim Ali Khan became the Mutawalli after death of Akbar Ali under the terms of the waqf deed. Kazim Ali Khan who was a beneficiary of the waqf executed a sale deed of his 1/3 share on 14.10.1960 in favour of Mohammad Ahmad Ali Khan one of the sons of Raza Ali. Ahmad Ali was also a beneficiary of the waqf. A subsequent sale deed dated 26.9.1974 was executed by the Mutawalli Qasim Ali Khan of his 1/3 share to Ahmad Ali Khan another son of Raza Ali. This sale deed was therefore executed by the Mutawalli in favour of a beneficiary. Qasim Ali Khan was replaced by his son Sujat Ali as a Mutawalli after he had resigned or was removed some t...
Om Prakash Upadhyay Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-02-2008
Reported in: 2008(3)AWC2665
Sunil Ambwani, J.1. Heard Shri P.C. Pathak, learned Counsel for the petitioner. Shri Shashi Nandan, senior advocate assisted by Shri M.C. Mishra appears for the respondent No. 4. Learned standing counsel appears for State respondents. With the consent of parties, this writ petition was heard and is finally decided at the admission stage.2. The petitioner-Om Prakash Upadhyay was elected as Gram Pradhan of Gram Panchayat Patahana, Block Sujanganj, District Jaunpur in the elections held on 23.8.2005. The results were declared on 28.8.2005. Both the petitioner as well as Shri Shobh Nath Pandey-respondent No. 4 secured 219 votes each. The result was thereafter declared, with the consent of both the parties, by draw of lots in which the petitioner was luckier than the respondent No. 4 and was declared elected.3. Shri Shobh Nath Pandey filed an election petition under Section 12C of the U.P. Panchayat Raj Act, 1947 (in short the Act) and also filed a Writ Petition No. 1751 of 2006, which was ...
Farooque Ahmad Son of Late Meer Khan Vs. U.P. State Road, Transport Co ...
Court: Allahabad
Decided on: May-02-2008
Reported in: [2008(118)FLR335]; (2008)IIILLJ871All
Sabhajeet Yadav, J.1. By this petition petitioner has challenged the order dated 5.08.2006 passed by respondent No. 2 contained in Annexure-6 of the writ petition, whereby the petitioner has been removed from service while working as bus conductor in U.P.S.R.T.C. It is stated that earlier also the petitioner was removed from service and he approached this Court by means of Writ Petition No. 24378 of 2001. While allowing the writ petition petitioner's removal from service has been quashed by this Court vide order dated 3.4.2002. After the aforesaid judgement the petitioner was reinstated in service and was performing his duties without any complaint. It is further stated that due to aforesaid reinstatement of the petitioner the Assistant Regional Manager Sri Girish Chandra Sharma was carrying malice against the petitioner and in furtherance of the same he again carved out a case against him and in July 2000 a charge sheet was served upon the petitioner. The charges levelled in the said ...
Smt. Sursatiya Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-02-2008
Reported in: 2008(3)AWC2737
Sunil Ambwani, J.1. Heard Shri Hart Om Yadav, learned Counsel for the petitioner. Shri A. K. Singh assisted by Shri Sunil Kumar Singh appears for the respondent.2. By an order dated 19.11.2007, the Sub-Divisional Magistrate/Prescribed Authority/Election Tribunal, Jakhaniya, Ghazipur has in an election petition filed by Smt. Usha Devi against Smt. Sursatiya as Gram Pradhan of Village Ukraon, Pargana Bahariyabad, Tehsil Zamaniya, Distt. Ghazipur directed recount of votes giving rise to this writ petition.3. The petitioner Smt. Sursatiya was declared elected as Village Pradhan. Smt. Usha Devi the election-petitioner was second with a margin of 27 votes. It is contended in para 3 of the election petition that there were four polling booths. In polling both No. 104 as against 407 votes polled 407 were found in the ballot box ; in polling booth No. 105 as against 740 votes polled, 612 were found in the ballot box ; in polling booth No. 106 as against 636 votes polled 636 were found in ballot...
Parashuram Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-02-2008
Reported in: 2008(3)AWC2668
Sunil Ambwani, J.1. Heard Shri B.K. Shukla for the petitioner. Shri Kshitij Shailendra appears for the contesting respondent. Respondent Nos. 4 and 5 are represented by Shri Jai Bahadur Singh, advocate. The affidavits have been exchanged. With the consent of parties, the matter was heard, and is finally decided.2. Shri Parashuram the petitioner in Writ Petition No. 36637 of 2007, was declared elected as Member of the Block Development Committee. Ward No. 58 (Chhatargarh), Block Shankergarh, district Allahabad. There were only two candidates, namely the petitioner and respondent No. 3 Vinod Kumar in the fray. Shri Vikas Chandra (brother of the petitioner) and Shri Bharat, respondent Nos. 4 and 5 had withdrawn from the contest.3. Shri Vinod Kumar respondent No. 3, filed an election petition under Section 14(2) of U.P. Kshetra Panchayat and Zila Panchayat Act, 1961 (U.P. Act of 1961) in the Court of District Judge, Allahabad. The written statement was filed on 5.5.2006. The election petit...
Mohd. Kaisar Vs. Chabbili Devi
Court: Allahabad
Decided on: May-02-2008
Reported in: 2008(3)AWC2693
Sunil Ambwani, J.1. Heard Shri T.P. Singh, senior advocate assisted by Shri Siddharth Nandan for the petitioner. Shri Siddharth Verma appears for the respondent.2. The petitioner was declared elected in the elections of President, Nagar Panchayat Dewarniya, Tehsil Bahedi, Distt. Bareilly, held on 6.11.2006. The result was declared on 17.11.2006. He is aggrieved by the order dated 4.3.2008, passed by the Additional District Judge, Court No. 7, Bareilly in Election Petition No. 34 of 2006 between Chabbili Devi v. Mohd. Kaisar rejecting his application under Order VII, Rule 11, Code of Civil Procedure for rejection of the plaint.3. Shri T.P. Singh, learned Counsel for the petitioner submits that the election petition was liable to be dismissed on the ground of non-compliance of the provisions of Section 20(5) of the Municipalities Act. 1916, as it was not presented by the petitioner in person before the District Judge. He submits that the election petition lacks necessary particulars, to ...
Geeta and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: May-02-2008
Reported in: II(2008)DMC579
Vijay Kumar Verma, J.1. By means of this application under Section 482 of the Code of Criminal Procedure (in short the 'Cr.P.C.'), the applicants Smt. Geeta, Smt. Krishna Devi and Smt. Rekha Solanki have invoked inherent jurisdiction of this Court, praying for quashing of the order dated 21.7.2007 passed by the Addl. Sessions Judge, Court No. 10, Ghaziabad in Criminal Revision No. 206 of 2007 Smt. Geeta and Ors. v. State of U.P., and the order dated 27.2.2007, passed by the Judicial Magistrate, Ghaziabad in Crl. Case No. 1923 of 2006 State v. Onkar Singh and Ors., under Sections 323, 506, 498A of Indian Penal Code (in short the 'IPC') and Sections 3/4 Dowry Prohibition Act (in short the 'D.P. Act') of P.S. Murad Nagar (Ghaziabad).2. Shorn of unnecessary details, the facts leading to the filing of the application under Section 482, Cr.P.C, in brief, are that an FIR was lodged by Smt. Manju (opposite party No. 2 herein) against her husband Onkar Singh and his family members including the...
Vijay Bajpai Vs. State of U.P. and anr.
Court: Allahabad
Decided on: May-02-2008
Reported in: 2009CriLJ1689
ORDERV.D. Chaturvedi, J.1. The learned Counsel for the petitioner contends that from the perusal of the F.I.R. and the statement of the witnesses, the offence under Section 504 IPC is not made out. In this regard, he relies upon the pronouncement given by the another single Judge Bench of this Court in criminal revision No. 1699 of 1990 Jodh Singh v. State of U.P. He also argues that in view of the judgment given by Hon'ble Apex Court, the financier is entitled to take the possession of the vehicle in case of default of payment in installments.2. Relying upon the judgment given in Jodh Singh v. State of U.P., he insists that since the abuses are not reproduced in the F.I.R., hence it cannot be ascertained that the words spoken are or not capable of giving provocation to any other person.3. It is true that in case of default of payment of installments, the financier is entitled to take the possession of the vehicle financed by it but there is nothing entitling the financier to abuse or ...
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