Allahabad Court October 2010 Judgments
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Sharda Prasad and Others Vs. Union of India and Others
Court: Allahabad
Decided on: Oct-23-2010
1. List has been revised. No one appears for the petitioners. 2. Sri Chandra Prakash Gupta appears for the Central Government. Learned standing counsel has represented the State respondents. 3. By this writ petition, the petitioners, claiming to be landless villagers and job card holders under the National Rural Employment Guarantee Scheme (hereinafter referred to as 'the scheme'), have prayed for quashing the orders dated 4.8.2008 passed by the Commissioner, Rural Development U.P., Lucknow for making payments under the scheme only through the accounts opened in the Banks and Post Offices. 4. The Commissioner, Rural Development, U.P., Lucknow reminded all the District Program Officers/Chief Development Officers, to open accounts of the job card holders, and to make payment after 15.8.2008 by cheques. It was found that by 31.7.2008 only 18.92 lacs accounts were opened in the Banks, and 27,334 accounts were opened in the Post Offices. These represented only 50 % job cards, and thus Distr...
Smt. Rajia Begum Vs. State of U.P. and Another
Court: Allahabad
Decided on: Oct-22-2010
1. This revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the ''Act') wrongly described in the memo of revision as under Section 397, 401 Cr.P.C., has been filed against judgment and order dated 28.4.2010 passed by the Sessions Judge Lalitpur dismissing Criminal Appeal No. 32 of 2010, Smt. Rajia Begum v. State of U.P. & another as well against order dated 25.3.2010 passed by the Juvenile Justice Board, Lalitpur (hereinafter referred to as the ''Board') in Criminal Misc. Case No. 17 of 2010 arising out of case crime no. 30 of 2010 under Section 302 IPC, P.S. Kotwali, Jhansi. 2. By impugned order dated 25.3.2010, opposite party no. 2 was declared juvenile in conflict with law. An appeal filed by the complainant-revisionist was dismissed by learned Sessions Judge. Both these orders are under challenge in this revision. 3. Heard Sri H. C. Mishra, learned counsel for the revisionist, learned AGA for the State, Sri P...
Gaurav Kumar at Pinta Vs. State of U.P. and Another
Court: Allahabad
Decided on: Oct-22-2010
1. This revision under section 397 / 401 IPC is directed against the order dated 21.5.2010 passed by Additional Sessions Judge, Court No.4, Etawah in Sessions Trial No.292 of 2009 State v. Gaurav Kumar @ Pinta and another under section 302 IPC, P.S. Kotwali, District Etawah, whereby the application under section 311 Cr.P.C. filed by Smt. Anita - wife of the deceased Saurabh @ Seetu was allowed and one Jairaj Singh @ Pappu was summoned as a prosecution witness. 2. Heard Sri Manish Tiwary, learned counsel for the revisionist, learned A.G.A. for the State and Sri S.K. Mishra, learned counsel for opposite party no.2. 3. The opposite party no.2 is the wife of deceased Saurabh @ Seetu. Revisionist Gaurav Kumar @ Pinta is the brother of the deceased and co-accused Balram Singh Yadav is the father of the deceased. F.I.R. was lodged on 6.3.2006 at 23:25 hours by co-accused Balram Singh Yadav against unknown persons alleging therein that on 6.3.2006 at about 10:00 p.m., Sri Veer Pal Singh, Forme...
Rohit and Abhishek Shukla Vs. State of U.P
Court: Allahabad
Decided on: Oct-22-2010
1. This revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the ''Act') is directed against the order dated 21.7.2010 passed by Addl. Sessions Judge, Court No. 3, Farrukhabad, whereby the application 36-B filed by the accused Rohit @ Abhishek Shukla for declaring him a juvenile in conflict with law was rejected. 2. Heard Sri Ram Raj Pandey, learned counsel for the revisionist and learned AGA for the State. 3. The facts are that revisionist is an accused in the aforesaid Sessions Trial. During the course of trial, an application 36-B was moved on behalf of accused Rohit @ Abhishek Shukla for declaring him a juvenile on the ground that his date of birth was 1.12.1986 and on the date of incident i.e. 26.6.2002, he was about 15 years of age. A copy of the Scholar Register and transfer certificate form issued by Sri Baba Shanker Giri Junior High School, village- Timrua and High School Mark-sheet of 2005 issued by Principa...
Mahendra Singh Bhati and Another Vs. State of U.P. and Another
Court: Allahabad
Decided on: Oct-22-2010
1. Since both the above revisions arise out of a common order passed by the Magistrate, they are being connected and disposed of by a common judgment. 2. Criminal revision no.3865 of 2010 has been filed by the accused Mahendra Singh Bhati and Anil Bhati and criminal revision no.3866 of 2010 has been filed by accused Khem Chandra under section 397 / 401 Cr.P.C. against the order dated 11.8.2010 passed by Additional Chief Judicial Magistrate-III, Gautam Budh Nagar in criminal case no.438 of 2009 State v. Satya Pal and others, P.S. Dadri, District Gautam Budh Nagar, whereby the revisionists and other co-accused have been summoned to face trial under sections 420, 467, 468, 471 IPC. 3. Heard Sri Pankaj Kumar Srivastava and Sri Neeraj Kumar Srivastava, learned counsel for the revisionists and learned A.G.A. for the State. 4. No notice is issued to private opposite party in view of the order proposed to be passed today, however, liberty is reserved for private opposite party to apply for var...
Smt. Alka Rai, Ex. M.L.A. VS. Miss Mayawati, the Hon'ble Chief Ministe ...
Court: Allahabad
Decided on: Oct-22-2010
1. Smt. Alka Rai,widow of slained Bhartiya Janta Party MLA Krishna Nand Rai from Mohammadabad Constituency, district Ghazipur and herself an Ex. MLA, has knocked the door of this court under Contempt of Court's Act, 1971( herein after referred to as the Act) through instant Criminal Misc. Contempt Application, clamouring and praying that opposite party Miss Mayawati, Chief Minister of the State of U.P., be punished under section 12 of the Act for committing criminal contempt as is defined under section 2 (c) (ii) of the Act by making such a scurrilous speech in a public rally favouring Mukhtar Ansari, an accused murderer of her slained husband,which "scandalises and lower the authority of the court" and "interferes or tends to interfere with due course of judicial proceeding" of S.T.No. 253 and 254 of 2006, relating to crime number 589 of 2005, U/S 147,148,149,302,307,404,120B , IPC and 7 Criminal Law Amendment Act , PS Bhawarkol, district Ghazipur. 2. Preceding input facts generating ...
Rajveer Singh Vs State of U.P. and Another
Court: Allahabad
Decided on: Oct-22-2010
1. Heard Sri Hemendra Pratap Singh, learned counsel for the revisionist, learned AGA for the State and perused the material on record. 2. This revision under Section 397/401 of the Code of Criminal Procedure is directed against the order dated 19.8.2010 passed by the Addl. Sessions Judge, Court No. 6, Bulandshahar, in S.T. No. 488 of 2003, State v. Rajveer Singh & others, whereby charge framed under Section 304 IPC was altered to charge under Section 302 IPC read with Section 149 IPC. 3. Earlier charge under Sections 147, 148, 304, 149 IPC and 7 Criminal Law Amendment Act was framed against the accused persons including the revisionist. The trial was over. At the stage of judgment, the trial court passed an order on 30th July, 2010 that accused Rakesh was alleged to have fired from a country made pistol on a crowd at chaupai, causing injury to Roop Ram resulting in his death, therefore, illustration (d) to Section 300 IPC was attracted and charge required to be altered. Consequentl...
Rama Kant Chaturvedi Vs. State of U.P. and Others
Court: Allahabad
Decided on: Oct-22-2010
1. Petitioner Rama Kant Chaturvedi, has approached this Court questioning the validity of the seniority list dated 20.06.2009 prepared by Managing Committee of Uchchattar Madhyamik Vidyalaya Gangotri Nagar, Mudila-Pannai District Siddharth Nagar and the order of its affirmance in Appeal decided on 25.01.2010 passed by Regional Joint Director of Education Basti Region Basti. 2. Brief background of the case is that in the District of Siddarth Nagar there is recognized institution known as Uchchattar Madhyamik Vidyalaya Gangotri Nagar, Mudila-Pannai District Siddharth Nagar which is a duly recognized institution under the provisions of U.P. Act No. II of 1921. Aforesaid institution in question at the present moment is in grant in aid list of the State Government and the provisions of U.P. Act No. 24 of 1971 are fully applicable to the said institution and selection and appointment in the said institution in question at the present moment has to be made as per the provision of U.P. Act No....
G.P. Srivastava Vs. Dist Judge, Etah and Another
Court: Allahabad
Decided on: Oct-22-2010
1. Heard learned counsel for the petitioner and Sri Rajeev Gupta for the respondent. 2. This petition is directed against a termination order dated 23.6.2005 passed by the District Judge, Etah. 3. The petitioner was working as a Senior Administrative Officer in the Judgeship at Etah at the relevant time when certain complaints were received against him, upon which the Administrative Judge, finding the complaints to be serious, directed a vigilance enquiry. Upon a vigilance enquiry, prima facie, the acts attributed to the petitioner were found to be correct whereupon a departmental enquiry was initiated. After due enquiry, the services of the petitioner have been dispensed with by the impugned order. 4. It is firstly urged that the learned District Judge while passing the impugned termination order has taken into account the allegations of sexual harassment attributed to the petitioner though it was not a charge for which the enquiry was held and therefore, it is contended, that the ord...
Madan Kishore and Others. Vs. State of U.P. and Another
Court: Allahabad
Decided on: Oct-22-2010
1. This revision under Section 397/401 Cr.P.C. has been preferred against order dated 25.8.2010 passed by the C.J.M., Agra in Misc. Case No. 299 of 2008, subsequently numbered as Criminal Case No. 5945 of 2010, arising out of case crime no. 231A of 2008, P.S. Hariparvat, District- Agra, whereby final report submitted by the police was rejected, cognizance was taken and revisionists were summoned to face trial under Sections 147, 323, 452, 504, 506, 427 IPC. 2. Heard Sri R.P. Dwivedi, learned counsel for the revisionists, learned AGA for the State and Sri O.P. Singh, learned Senior Advocate assisted by Sri Gopal Srivastava, learned counsel for opposite party no. 2. 3. On request of learned counsel for the parties, the case was finally heard at admission stage on the basis of material available on record and is being finally disposed of by this judgment. 4. In brief the facts are that on 14.5.2008 at 13 : 10 hours, FIR was lodged at P.S. Hariparvat against 20 persons including revisionis...
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