Allahabad Court October 2010 Judgments
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Mohd. Afaq Khan Vs. U.P. Export Corporation Ltd., Kanpur and Others
Court: Allahabad
Decided on: Oct-26-2010
1. By means of the present writ petition the petitioner seeks the following reliefs : "i) a writ, order or direction in the nature of certiorari quashing the auction notice dated 9th November, 2004 contained in Annexure No. 11 to the writ petition. ii)a writ, order or direction in the nature of mandamus directing the opposite party no. 3 to release the original shipping bills (photocopies whereof are Annexure Nos. 3A to 3J to the writ petition) or their duly attested copies for submission of the same by the petitiner to the Assistant Collector, Customs, Air Cargo, New Delhi. iii)a writ, order or direction in the nature of mandamus commanding the Assistant Collector, Customs, Air Cargo, Indira Gandhi International Airport, New Delhi to release the DEEC books Nos. 007790, 007791 submitted by the petitioner after making endorsement thereon for import and export made by the petitioner's firm, M/s. Salma Arts, for submission of the same before the Joint Director General of Foreign Trade, Ka...
Constable C.P. 541 Daya Shanker Tiwari and Another Vs. State of U.P. a ...
Court: Allahabad
Decided on: Oct-26-2010
1. Heard Sri R.N. Singh, learned Senior Advocate, assisted by Sri Chandra Kumar Rai for the petitioner-appellants. Sri J.K Tiwari, learned standing counsel appears for the respondents. 2. In this intra court appeal under Chapter VIII, Rule 5 of the Rules of the Court, the petitioner-appellants have challenged the judgment of learned Single Judge dated 28.4.2009 by which he declined to interfere with the dismissal order passed against the petitioner-appellants without holding departmental enquiry under Rule 8 (2) (b) of the U.P. Police Officers of Subordinate Rank (Punishment & Appeal) Rules, 1991 (in short the Rules of 1991). 3. The facts leading to the writ petition are that the petitioner-appellants serving as constables in civil police at Varanasi, were caught red handed, illegally extracting money from Truck No. 61 H - 8292 at about 1.50 A.M. in the night of 13/14.01.2009. A sum of Rs. 55 was recovered C.P. 541 Daya Shankar and a sum of Rs.60/- was recorded from C.P.2286 Radhey...
Bantesh Singh and Others Vs. State of U.P. and Another
Court: Allahabad
Decided on: Oct-26-2010
1. eard Mr. Brijesh Sahai for the applicants, Mr. Devesh Vikram 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 19.6.2010 and the proceedings of the criminal case no. 3767 of 2009, State vs. Arvind, under sections 304-B, 498-A IPC and section 3/4 of the Dowry Prohibition Act, pending in the court of Judicial Magistrate-Ist, Jaunpur. 3. Mr. Brijesh Sahai submitted that the investigating agency submitted a final report in the court of Chief Judicial Magistrate, Jaunpur, against which the respondent no.2 filed a protest petition. The learned Chief Judicial Magistrate partly rejected the final report and summoned the applicants with regard to the offences under section 498-A IPC and section 3/4 Dowry Prohibition Act, vide his order dated 3.1.2008, but approved the final report with regard to the offence under section 304-B IPC. The respondent no.2 preferred crimin...
Dinesh Kumar Vs. State Bank of India and Others
Court: Allahabad
Decided on: Oct-26-2010
1. Heard learned counsel for the parties. 2. The appellant applied for voluntary retirement and was allowed to retire on 31st March, 2001. The appellant filed writ petition after having been denied the claim of pension under the Pension Regulations, 1995 by the respondent-Bank. 3. The learned Single Judge noted that the appellant had not completed 15 years of service as prescribed in the amended Regulation 28 and accordingly, the writ petition is dismissed vide judgment and order dated 31.08.2010. The said order is subject matter of the present appeal. 4. We have perused the Rules 22 of the State Bank of India Employees' Pension Fund Rules, which reads as under: Rule No. Existing Rule Amended Rule 22 (i) A member shall be entitled to a pension under these rules on retiring from the Bank's service- (a) After having completed twenty years pensionable service provided that he has attained the age of fifty years; (b) After having completed twenty years' pensionable service, irrespective of...
Mohd. Rashid. Vs. Incharge District Judge, Jhansi and Others
Court: Allahabad
Decided on: Oct-26-2010
1. Heard Sri Sudhir Shandilya, counsel for the petitioner and perused the record. Counsel for the respondent is not present even in the revised list. 2. Respondent no. 3 filed S.C.C. Case no. 31 of 2001 in the court of Small Causes, Jhansi for eviction of the petitioner from a shop situated in house no. 252/1 ( new number 986), C.P. Mission Compound, Jhansi and payment of arrears of rent and damages. The suit was contested by the petitioner by filing his written statement wherein he denied the title of respondent no. 3- Smt. Suneeta Gupta wife of Sri Anil Kumar Gupta on the ground that shop is situated over plot no. 2533 whose owner is his mother which was purchased by his mother through a sale deed dated 16.5.1991. 3. The petitioner moved an application under section 23 of Provincial Small Cause Courts Act, 1987, praying for return of the plaint for being presented before the appropriate court having jurisdiction to determine the title as according to him intricate question of title w...
Ramjan Vs. State of U. P.
Court: Allahabad
Decided on: Oct-26-2010
1. Heard learned counsel for the appellant and learned A. G. A. for the State. 2. This appeal has been filed by the appellant, Ramjan against the judgement and order dated 13.1.2010 passed by Additional Sessions Judge, F. T. C. No. 1, Siddhartha Nagar convicting the appellant under Section 20 (b) (ii) ( C ) of N. D. P. S. Act, 1985 and sentencing him to undergo 10 years' R. I. and fine of Rs. 1,00000/- (One Lac Only) and in default of payment of fine further R. I. of two years. 3. Prosecution case in brief is that on 7.11.2008 Sub-Inspector, Imanwal Singh received information from Mukhbir Khas that one person was brining Nepali Charas from Krishna Nagar Bazar, Nepal to Barhni Bazar, India, whereupon Sub-Inspector, Imanwal Singh along with Lans Nayak No. 8657229 Hardev Singh and No. 050333501 Guard Sunil Kumar, B. Company Barhni Headquarter, Gorakhpur reached Barhni Bazar where 8847378 Nayak Mahesh Prabhar and 070091511 Guard Ashok Ghosh were already on duty in Lane No. 2 Barhni Bazar. ...
Pallavi Tiwari D,o. Bhagwan Tiwari and ors Vs. Union of India Thru Min ...
Court: Allahabad
Decided on: Oct-25-2010
1. Heard Sri Heera Lal Srivastava, Sri R.K.S. Chauhan, Sri Ashok Kumar Pandey, Sri Amit Srivastava, Sri Jai Narain Pandey , Sri Sunil Kumar Singh, Sri S.A. Jamal , Sri O.P. Tewari , Sri Ajai Kumar Singh , Sri Jai Prakash Singh , Sri K.K. Seth, Sri Arvind Misra, Sri H.G.S. Parihar , Sri Sreesh Chandra Misra , Sri Vimal Kumar Pandey, Sri Kamlesh Kumar Rai , Sri S.P. Dwivedi , Sri Ved Prakash Shukla, Sri Durgesh Vijay Srivastava, Sri Syed Aftab Ahmad, Sri S.K. Misra , Sri Suresh Chandra Shukla, Sri Anil Kumar Misra, Sri Sanjeet Singh , Sri Ram Nayak Tripathi , Sri Sanjay Kumar Pandey , Sri Maheep Kumar Singh , Sri O.N. Pandey , Sri K.K. Singh Somvanshi , Sri Sarvesh Kumar Misra , Sri Vineet Kumar Pandey , Sri D.P. Singh Somvanshi , Sri A. K. Pandey , Sri K.K. Verma , Sri Pradeep Kumar Singh , Sri V.S. Trivedi , Sri J.N. Misra and Sri Amit Sharma learned counsel for the petitioners in connected writ petitions and Sri Vinay Bhushan , learned counsel for National Council of Teachers Eduction...
Santosh Kumar and Another Vs. State of U.P.
Court: Allahabad
Decided on: Oct-25-2010
1. The applicants Santosh Kumar, Sudesh Kumar have moved criminal misc. application No. 21348 of 2010, the applicant Rajesh Kumar alias Shalloo has moved criminal misc. bail application no. 25269 of 2010 with a prayer that they may be released on bail in case crime no. 168 of 2010 under sections 307,323/34,324 I.P.C. P.S. Ushrahar district Etawah. 2. The facts in brief of this case are that the F.I.R. of this case has been lodged by Anand Kishore on 20.6.2010 at 8.00 p.m. in respect of the alleged incident which had occurred in the night of 18/19.6.2010 at about 1.00 a.m., the distance of the police station was about 4 km from the alleged place of occurrence. The applicant and the co-accused Sumit Kumar alias Monti are named in the F.I.R. it is alleged that the injured Vipin Kumar was sleeping at the Wheat Purchase Centre, the applicants and other co-accused persons in a pre-planned manner, called the injured inside the boundary of Primary Health Centre where he was assaulted by axe an...
Arvind Kumar Sharma and Others. Vs. State of U.P. and Others
Court: Allahabad
Decided on: Oct-25-2010
1. Petitioners have approached this Court questioning the validity of the notification dated 23.08.2010 wherein National Council for Teacher Education New Delhi has provided minimum 50% marks in B.A./B.Sc. and B.Ed examination for the purpose of appointment as Assistant Teacher in Class I to 8 . 2. Petitioners have tried to contend before this Court that such fixation of criteria of minimum marks is arbitrary, unreasonable and no object whatsoever would be achieved. Petitioners have further contended that net effect of the notification dated 23.08.2010 is that candidate who have already passed B.A/B.Sc and B.Ed examination with less than 50% will not be considered for appointment consequently their career and future will be jeopardised. With these grievances present writ petition has been filed. 3. Sri Vinod Sinha, learned counsel for the petitioner contended with vehemence that fixation of marks of 50% of B.A./B.Sc. and B.Ed examination for the purposes of appointment as Assistant Tea...
Ms Himani Limited (Now Known as Emami Limited) Vs. the Commissioner of ...
Court: Allahabad
Decided on: Oct-25-2010
1. All these revisions both by the assessee dealers and the revenue are directed against the order of the Commercial Tax Tribunal Kanpur Bench -3 dated 29.12.2009. 2. The tribunal by the impugned order has classified Himani Boroplus Antiseptic Cream, Himani Gold Turmeric Cream and many other similar items as cosmetics whereas Himani Hair Oil and such other products as medicament and directed for levy of tax accordingly. 3. It may be worth noting that under the provisions of the U.P. Trade Tax Act items of medicament are taxable at a lower rate and cosmetics at a higher rate. It is for this reason the classification has acquired importance. 4. Learned counsel for the parties have advanced their submissions by taking revision no.99 of 2010 as the leading case. I, therefore, state in brief the facts of the aforesaid case only which may be sufficient for understanding the background leading to the passing of the impugned order in connection with all items involved. 5. In the above revision...
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