Allahabad Court October 2010 Judgments
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Rishi Kumar Khare. Vs. State of U.P. Through Secy. Industrial Devp. Lk ...
Court: Allahabad
Decided on: Oct-05-2010
1. Heard Mr. Pankaj Kumar Awasthi, learned counsel appearing for the appellant and Mr. Ajai Kumar Singh, learned counsel appearing for the U.P. State Industrial Development Corporation Limited. 2. This special appeal challenges the order passed by the learned Single Judge dated 26.07.2010, dismissing the writ petition filed by the appellant-petitioner, claiming the relief of retirement at the age of 60 years instead of 58 years. 3. Learned counsel for the appellant-petitioner relying upon the un-amended service rules submitted that the appellant was entitled to be continued in service till the age of 60 years, as per clause-27 of the rules applicable in the matter of discharge on superannuation, which reads as under: 4. Discharge on Superannuation "The age of superannuation will be the same as is prescribed by the U.P. State Government for which is employees from time to time. On attaining this age of superannuation, an employee shall be discharged from service of the Corporation. In t...
Nandini Roofing System Pvt. Ltd. and Others Vs. State of U.P. and Anot ...
Court: Allahabad
Decided on: Oct-05-2010
1. Heard Mr. G.S. Chaturvedi, the learned senior counsel assisted by Mr. Manoj Kumar Singh-III and Mr. Nishant Singh for the petitioners and Mr. Ajay Bhanot for the respondent no.2 and the learned AGA for the respondent no.1 and perused the record. 2. This is a petition under section 482 CrPC for quashing the summoning order dated 31.7.2006 passed in the complaint case no. 1780 of 2006, Karam Chand Thapar and Brothers (C.S.) Limited vs. Nandini Roofing System Pvt. Ltd. and others, whereby the learned Special Judicial Magistrate (C.B.I.) Ghaziabad has summoned the petitioners under section 420 IPC for trial. 3. The respondent no.2 M/s Karam Chand Thapar and Brothers (C.S.) Limited is a private limited company . The complaint on its behalf was filed by Mr. Rahul Jain as an authorised representative of the company. The said company is involved in the field of construction and also in the field of sale of coal etc. and had been granted a contract for carrying out certain works in the Tehri...
U.P. Sahkari Nirman Evam Vikas Sangh Ltd. Vs. State of U.P. and Others ...
Court: Allahabad
Decided on: Oct-05-2010
1. Heard Mr. Raghvendra Singh, Senior Advocate, assisted by Mr. Anurag Kumar Singh, learned counsel appearing for the petitioner and and Mr. Krishan Chandra, learned Standing Counsel appearing for the respondents. 2. Since in both the writ petitions mentioned above, similar controversy is involved, therefore, with the consent of the parties' counsel both the writ petition are being heard and disposed of by a common order. 3. We have earlier passed an interim order that in the meantime, the action may be taken as per pre-existing policy subject to further orders of the Court but the benefit of the aforesaid order was not extended to the petitioner and therefore, on 29.7.2010 another order was passed requiring the respondents to explain as to why they are not complying with the interim order. 4. The controversy, in this writ petition, is regarding the order dated 30.09.2009 passed by the State Government, by means of which, objection has been raised in awarding the contract of the work t...
Raj Kumar Vs. Joint Director of Education, Gorakhpur and Others
Court: Allahabad
Decided on: Oct-05-2010
1. The petitioner who claims himself to be son of late Paras Nath Singh, who was an Assistant Teacher L.T. Grade in Bapu Shatabdi Inter College Jahda District Maharajganj, appears to be aggrieved by an order dated 22.10.2008 passed by District Inspector of Schools, Maharajganj, by which the petitioner's application seeking appointment on compassionate ground has been rejected on the ground that the other dependents have not given consent for the appointment of the petitioner. 2. On 14.11.2008, this Court had directed the learned standing counsel who has put in appearance on behalf of respondents no. 1 and 2 to file counter affidavit and issued notice to respondents no. 4, 5 and 6. Pursuant thereto, the steps have been taken by the learned counsel for the petitioner on 20.11.2008. 3. From the perusal of office report dated 15.1.2009 it transpires that the notices issued to the respondents have neither been returned unserved nor there is any acknowledgment of service. In view of the offi...
Ved Ram Sharma Vs. State of U.P. and Another
Court: Allahabad
Decided on: Oct-05-2010
1. Heard Mr. G.S. Chaturvedi, the learned senior counsel assisted by Mr. Uma Nath Pandey for the revisionist and Mr. Anurag Khanna for the respondent no.2 and the learned AGA for the respondent no.1 and perused the record. 2. This is a revision against the order dated 7.9.2010 passed by the Special Judicial Magistrate (CBI) Ghaziabad in criminal case no. 3101 of 2010, CBI vs. Ved Ram Sharma, whereby the learned Magistrate took cognizance of the offence under section 420 IPC on the charge sheet filed by the CBI and issued a process against the revisionist. 3. It appears that the revisionist is the Chairman of Akash Educational Society (in short 'the society') registered under the Societies Registration Act, 1860. It is also alleged that the society intended to establish R.V. Northland Institute of Technology, Gautam Budh Nagar and applied for approval of the All India Council for Technical Education (in short 'the AICTE'). It is also alleged that the AICTE required the society to furnis...
Jasram Singh and Others. Vs. State of U.P. and Another
Court: Allahabad
Decided on: Oct-04-2010
1. This application under section 482 Cr.P.C. has been filed by the applicants Jasram Singh, Shaukeen Khan, Satish Chandra Mishra, Rajesh Kumar Yadav, Naseer Ahmad, Rajendra Singh and Om Prakash with a prayer to quash the proceedings of Criminal Case No. 1330 of 2008 under sections 147, 148, 149, 302, 201, 218 I.P.C.and 23/35 Arms Act, Police Station Sadabad, District Mahamaya Nagar pending in the court of learned Chief Judicial Magistrate, Hathras ( Mahamaya Nagar). 2. The facts, in brief, of this case are that an FIR has been lodged by Jagdish, O.P.No.2 against Bhura and Sardar Singh, N.K.Yadav and 3 or 4 police personnel on 14.2.2004 at about 6.00 P.M. alleging therein that the deceased Jaipal alias Jaipu, son of the first informant, was forcefully taken away by the accused persons by putting him in a jeep. Thereafter, he was killed by them on 10.12.2003 at about 9.30 P.M. After doing the investigation, the local police submitted the final report dated 28.2.2004. During pendency of ...
Smt. Chankali Vs. Doodh Nath Mani and Others
Court: Allahabad
Decided on: Oct-04-2010
1. Plaintiff Smt. Chankali instituted a suit for cancellation of the sale deed dated 7.1.1983 and for a decree of permanent injunction in respect of the land covered by the aforesaid sale deed. 2. According to the plaintiff, she is the only daughter of Ram Ashish who expired early morning at 4 A.M. on 7.1.1983. The said Ram Ashish during his life time, on 11.9.1979 had executed a registered Will bequeathing his moveable and immoveable property to her. On his death, she applied for mutation of her name on the basis of the aforesaid Will and the Naib Tehsildar vide order dated 5.5.1983 directed for recording her name. 3. The defendants manipulated a sale deed dated 7.1.1983 alleged to have been executed by the aforesaid Ram Ashish. The sale deed was registered on 8.4.1983 and within five days of its registration, on 13.4.1983 an order was obtained by defendants for mutation of their names. In pursuance to the said order, the defendants names were entered in the revenue record on 25.5.198...
Ashfaque Brother and Others. Vs. Additional District Judge, Court No. ...
Court: Allahabad
Decided on: Oct-04-2010
1. Heard counsel for the petitioner, Sri R.P. Pandey appearing for caveator respondent and perused the record. 2. Landlady respondent no. 3 filed an application under section 21(1)(a) of U.P. Act No. 13 of 1972, which was registered as Rent case no. 2 of 2008, for release of the accommodation under tenancy of the petitioner inter alia on the ground that her family consists of nine members; that she is living with her family in a room measuring 10 x 10 feet with courtyard, kitchen, latrine and bathroom in house no. 132/50, Babupurwa,Kanpur; that she does not own any other house; that petitioner tenant is residing in the house in question on monthly rent of Rs. 30/-; that petitioner tenant is having his own vacant house no. 131/303, Begumpurwa, Kanpur Nagar which is situated at a distance of 50 yards only from the house in question; that she needs the accommodation in question so as to live with her family and that petitioner tenant will not suffer any hardship if the accommodation in qu...
Tribhuwan Yadav Vs. State of U.P. and Another
Court: Allahabad
Decided on: Oct-04-2010
1. Case taken up in the revised list. Sri K.D. Tiwari, advocate is present for the revisionist. Learned counsel for opposite party no.2 is not present. Counter affidavit on behalf of the State has been filed earlier. 2. Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the material available on record. 3. This criminal revision is directed against the order dated 11.3.2010 passed by Addl. Sessions Judge, Court No.10, Allahabad in S.T. No.189 of 1987 (State v. Tribhuwan Yadav & others) whereby, application 74 kha filed by accused - revisionist Tribhuwan Yadav for declaring him to be a juvenile and to summon the relevant records from the college was rejected. 4. The application 74 kha was filed on the ground that the date of birth of the revisionist was 11th January, 1970 according to transfer certificate and scholar register of R.P. Rastogi College, Gandhi Nagar, Malak Harhar, Allahabad and on the date of incident i.e. on 2nd November, 1985, the rev...
Ms. Lal Construction Co. Vs. General Manager, North East Railway, Gora ...
Court: Allahabad
Decided on: Oct-04-2010
1. Since the issue involved in all the aforesaid arbitration applications are same and all are between the same parties, the applications have been heard analogously and are being decided by this common judgment having binding effect in all the applications, however, taking the Arbitration Application No. 26 of 2006 as leading one. 2. This is an application under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter in short called as the 'Act'). Initially, Justice K.L. Sharma, a former Judge of this High Court, was appointed as an arbitrator by an order dated 21st July, 2006 of the then Hon'ble Chief Justice. He has entered upon reference on 08th August, 2006. The respondent had submitted to the jurisdiction of the arbitrator. The respondent has not only participated in framing the issues but the cross-examination with regard to the witness of the petitioner was concluded by the respondent. In the counter affidavit there is no denial on the part of the respondent a...