Allahabad Court October 2010 Judgments
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Praveen Singh Vs. State of U.P. and Another
Court: Allahabad
Decided on: Oct-22-2010
1. This writ petition has been filed with a prayer for issuing a writ, order or direction in the nature of certiorari quashing the impugned order dated 6th August, 2010 passed by Addl. Sessions Judge XVth, Kanpur Nagar (annexure no. 6) in Criminal appeal no. 4 of 2010, whereby application under Section 391 Cr.P.C. moved by the petitioner-appellant for additional evidence was rejected. 2. In brief, the facts are that respondent no. 2 M/s A.J. Poultry filed criminal complaint no. 171 of 2006 in the Court of A.C.M.M. Ist, Kanpur Nagar against the petitioner under Section 138 of the Negotiable Instruments Act alleging therein that the petitioner purchased poultry feed worth Rs. 1,43000/- on 10.7.2003 and worth Rs. 4600/- on 2.9.2003 from opposite party no. 2 and gave a cheque no. 011621, dated 25.5.2005 of I.D.B.I. bank, branch M.G. Road, Kanpur Nagar to the complainant. The cheque was presented in the bank on 21.11.2005 at ICICI bank Kanpur Nagar but the cheque was dishonored with the end...
Zakir (Minor) 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 9.11.2009 passed by Addl. Sessions Judge / Special Judge (S.C./S.T. Act), Meerut in criminal appeal no.206 of 2009 and order dated 28.8.2009 passed by Juvenile Justice Board, Meerut (hereinafter referred to as the 'Board') in case crime no.291 of 2009 under section 376 IPC and section 3 (2) (5) S.C./S.T. Act, PS Sardhana, District Meerut whereby the application for bail of revisionist Zakir (Minor) was rejected. 2. The revisionist is an accused in the aforesaid criminal case. He was declared juvenile in conflict with law. The application for bail was rejected by the Board on the ground that his release on bail is likely to expose him to mortal danger. 3. The revisionist filed an appeal before learned Sessions Judge, which was rejected. Hence, this revision. 4. Heard learned counsel for the revisionist, learned A...
Varun Sharma and Others Vs. State of U.P. and Another
Court: Allahabad
Decided on: Oct-22-2010
1. This revision under Section 397/ 401 Code of Criminal Procedure is directed against the order dated 3.8.2010 passed by the C.J.M. Hathras (Mahamaya Nagar) in F.R. No. 407/12/2010, Ved Pal v. Varun Sharma & others arising out of case crime no. 112 of 2010, P.S. Sasni, whereby final report submitted by police was rejected and cognizance was taken under Section 190 (1) (b) Cr.P.C. and the revisionists were summoned to face trial under Sections 323, 325, 504, 506, 394 IPC and 3(2) (5) SC/ST Act. 2. Heard Sri R.S. Saroj and Sri Navin Kumar, learned counsel for the revisionists, learned AGA for the State, Sri Promod Dubey, learned counsel for opposite party no. 2 and perused the material available on record. 3. The facts are that an application under Section 156 (3) Cr.P.C. was moved by opposite party no. 2 on 23.3.2010 before the C.J.M. Hathras against the revisionists alleging therein that on 22.3.2010 the complainant, accompanied by his brother Virendra, was returning from Hathras ...
Ghanshyam Vs. State of U.P. and Others
Court: Allahabad
Decided on: Oct-21-2010
1. This is an Appeal questioning the correctness of the judgment of the learned single Judge dismissing the writ petition filed by the appellant and upholding the order of the District Inspector of Schools dated 7.8.2010. The appellant was appointed as an Assistant Teacher in Baba Vasudev Das Inter College, Alinagar, District Sant Kabir Nagar, on ad hoc basis on account of a short term vacancy having arisen due to the permanent incumbent of the post Sri Dashrath Prasad upon being promoted as ad hoc Principal. The said Sri Dashrath Prasad was promoted w.e.f. 1.7.1996 where after he functioned as ad hoc Principal and his resultant vacancy, which was a short term vacancy, came to be filled up by the ad hoc appointment of the appellant. 1. The appellant had earlier filed a writ petition, being Civil Misc. Writ Petition No.9672 of 2002, which was disposed of on 23.1.2004 and in pursuance of the said judgment the District Inspector of Schools passed orders on 29.5.2004 ensuring payment of sa...
Ashok Kumar and Others. Vs. State of U.P. and Others
Court: Allahabad
Decided on: Oct-21-2010
1. Heard Sri Utpal Chatterji, learned counsel for the petitioners, learned A.G.A. for the respondents no.1, 2 & 3 and Sri Rajesh Pachauri, learned counsel for respondent no.4. 2. This writ petition under article 226 of the Constitution of India has been filed with a prayer to issue writ, order or direction in the nature of certiorari quashing order dated 20.3.2010 passed by Sessions Judge, J.P. Nagar (annexure 19 to the writ petition) as well as order dated 9.3.2010 passed by respondent no.2 (annexure 18 to the writ petition). A further prayer has been made for issuing a writ, order or direction in the nature of mandamus directing respondents no.2 & 3 to restore the possession of house in question to maintain status quo ante as it was prior to the passing of revisional order dated 20.3.2010. 3. Petitioners and respondent no.4 belong to the same family. Admittedly, House no.105 situated in Mohalla Mandi Chob, Tehsil Amroha, District J.P. Nagar was initially owned by Mithlesh Kum...
Avadhesh Kumar Singh Vs. Union of India Through Secretary Railway Boar ...
Court: Allahabad
Decided on: Oct-21-2010
1. Heard learned counsel for the petitioner, learned counsel for the respondents and perused record. 2. Present writ petition under Article 226 of the Constitution of India has been preferred against the impugned order passed by the Central Administrative Tribunal Lucknow, whereby the original application filed by the petitioner has been dismissed with regard to his claim for appointment on Group-C post on compassionate ground. 3. Brief facts of the case are that the petitioner's father Sri Krishna Pal Singh was a Khalasi (Group-D post) in India Railways. He died in harness on 13.9.2991. After his death, an application was moved by petitioner's mother for petitioner's appointment on the post of Khalasi. While moving the application, the petitioner also appeared in test for appointment against Group-C post on compassionate ground. The petitioner could not succeed in suitability test for Group-C post since he could not secure requisite percentage of marks. Hence petitioner's claim with r...
Megh Singh Vs. State of U.P. and Others
Court: Allahabad
Decided on: Oct-21-2010
1. By means of the present writ petition, petitioner has prayed for the following reliefs:- i) Issue an appropriate writ, order or direction quashing the notification dated 9.8.2004 issued under the purported exercise of the powers conferred under sub-Section 1 of Section 4 of the Land Acquisition Act, 1894 pertaining to village Kisanpur, Pargana & Tahsil Koil, District Aligarh. ii) Issue an appropriate writ, order or direction quashing the notification dated 3.8.2005 issued under the purported exercise of the powers conferred Section 6 of the Land Acquisition Act, 1894, pertaining to village Kisanpur, Pargana & Tahsil Koil, District Aligarh. iii) Issue an appropriate writ, order or direction commanding the respondents concerned to free Khasra No. 360 & 361 admeasuring 0.0800 & 0.4260 hectares respectively situate at Village Kisanpur, Pargana & Tahsil Koil, District Aligarh from acquisition. 2. Encapsulated facts of the case are that the petitioner has been the bhum...
Satya NaraIn Tiwari Vs. U.P. State Handloom Corporation Ltd. and Other ...
Court: Allahabad
Decided on: Oct-21-2010
1. The appellant, an employee of the U.P. State Handloom Corporation (hereinafter referred to as 'the Corporation'), was subjected to a disciplinary enquiry. The Managing Director of the Corporation passed an order on 7th June, 2006 whereby he disagreed with the Enquiry Officer's report dated 20th December, 2005 and ordered the enquiry to be conducted de novo as in his opinion there were discrepancies in the enquiry report. Assailing the aforesaid order the appellant filed the writ petition, which has given rise to the present appeal. 2. The learned single Judge after noting the arguments, rejected the writ petition holding that upon an examination of the records, the disciplinary authority found that no oral enquiry had been held and, therefore, the reasons given for ordering a fresh enquiry is justified. The learned single Judge further held that in any event, the petitioner does not suffer in any manner as the order does not visit him with any penal consequences. 3. Sri Avanish Mish...
State of U.P. and anr. Vs. Amirullaha Khan
Court: Allahabad
Decided on: Oct-21-2010
1. Heard learned counsel for the appellants Sri Alok Sinha and Smt. Bulbul Godiyal for the respondent.2. The delay in filing the special appeal is condoned.3. This special appeal challenges the order passed by the learned Single Judge dated 18.4.06, by means of which, the order of termination of service of the respondent dated 7.10.1984 has been set aside and he has been directed to be given all consequential benefits in accordance with law, with liberty to the appellants to hold a departmental enquiry afresh.4. The facts are not disputed between the parties, namely, the respondent, who was initially employed as unpaid Apprentice Overseer vide order dated 5.3.1962, was thereafter, engaged on temporary post of Junior Engineer. He was confirmed w.e.f. 1.4.1972 on the post of Junior Engineer (Civil), Irrigation Department, U.P., Lucknow. The Office Memorandum dated 7.2.1974 confirms the status of the respondent as confirmed employee, namely, confirmed Junior Engineer.5. The respondent abs...
Bhagwan Das. Vs. Surendra Prakash Agarwal.
Court: Allahabad
Decided on: Oct-20-2010
1. Heard Sri R.K. Ojha assisted by Sri Arun Kumar Tiwari, counsel for the petitioner, Sri Ashish Agrawal appearing for landlord respondent and perused the record. 2. The petitioner has challenged the validity and correctness of judgment and order dated 18.8.2010 passed by Additional District Judge, court no. 8, Etawah in P.A. appeal no. 9 of 2008. He has prayed for a writ of certiorari quashing the aforesaid order and in addition a writ in the nature of mandamus commanding the respondents not to interfere in any manner in peaceful possession and occupation of petitioner in the shop in question. 3. Respondent landlord Surendra Prakash Agrawal filed P.A. suit no. 16 of 2004, under section 21(1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction), Act 1972 (hereinafter referred to as the Act), for eviction of petitioner from the shop in question which was initially given to him at the rate of Rs. 60/- per month sometimes in 1960. The rent was thereafter enhanced to Rs. 1...
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