Allahabad Court November 2010 Judgments
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State of U.P. and ors. Vs. Smt. Munni Devi.
Court: Allahabad
Decided on: Nov-02-2010
1. The State and its functionaries have preferred this appeal against the judgment and order dated 17.09.2004, by which the learned Single Judge has allowed the writ petition filed by the writ petitioner-respondent (hereinafter referred to as the ''respondent'), and directed them to consider her case for appointment on compassionate ground. 2. The husband of the respondent had joined as daily wager in Public Works Department in the year 1983. From the year 1998, he worked on work charged basis till his death on 2nd May, 2003. After his death, the respondent applied for appointment on compassionate ground on 24th July, 2003 under the U.P. Recruitment of Dependants of Government Servant (Dying in Harness) Rules, 1974 (hereinafter referred to as the ''Dying in Harness Rules'). Her claim was rejected on the ground that the employees working on work charged basis are not entitled for appointment on compassionate ground. 3. The learned Single Judge, in the impugned judgment, has noted the ju...
Jagat Pal. Vs. State of U.P. and Another
Court: Allahabad
Decided on: Nov-02-2010
1. Heard Sri S.K. Chaubey, learned counsel for the revisionist, learned A.G.A. for the State and perused the impugned order. 2. 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 variation or modification of this order if he feels so aggrieved. 3. This revision is directed against the order dated 19.10.2010 passed by Additional Sessions Judge, Court No.6, Shahjahanpur in S.T. No.962 of 1997, State v. Jagat Pal arising out of crime no.105 of 1990 under section 307 IPC, P.S. Tilhar, whereby the application 157-Ka dated 28.9.2010 and application 158-Ka dated 4.10.2010, moved by accused Jagat Pal (revisionist) for declaring himself to be a juvenile, have been rejected. 4. Revisionist Jagat Pal is the sole accused in the aforesaid sessions trial. On 4.10.2010, an application under section 6 (2) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter refe...
Subhash Yadav and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Nov-02-2010
1. Heard learned counsel for the petitioners and learned Additional Government Advocate. 2. The relief sought in this petition is for quashing of the FIR registered at case crime No. 251 of 2010, under sections 147,148,332,353,336 IPC & Section 7 Criminal Law Amendment Act, police station Sadar Bazar, district Mathura. 3. The Full Bench of this court in Ajit Singh @ Muraha v. State of U.P. and others (2006 (56) ACC 433) reiterated the view taken by the earlier Full Bench in Satya Pal v. State of U.P. and others (2000 Cr.L.J. 569) after considering the various decisions including State of Haryana v. Bhajan Lal and others (AIR 1992 SC 604) that there can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the Police to investigate a case. 4. From the perusal of the FIR, prima facie it cannot be said that no co...
Khoob Chand Vs. State of U.P. and Others.
Court: Allahabad
Decided on: Nov-01-2010
1. Heard Sri Atul Srivastava, learned counsel for the appellant and learned A.G.A. for the State of U.P. 2. his appeal has been preferred under the proviso of section 372 Cr.P.C. against the judgement and order dated 22.5.2010 passed by the learned A.C.J.M.-III, Gautam Budh Nagar in Criminal Case No. 955 of 2010 by which the O.P. No. 2 to 9 have been acquitted for the offence punishable under section 147, 452, 323, 324 and 325 IPC. 3. This appeal has been preferred by the appellant Khoob Chand who had lodged the FIR of the present case at P.S. Dadari on 28.1.1986 at 12.45 P.M. in case crime No. 30-A of 1986 under the proviso of section 372 Cr.P.C. It has been inserted by the Cr.P.C. (Amendment) Act (2008) (Act No. 5 of 2009). The proviso of section 372 Cr.P.C. reads as under: "Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal...
Ram Badai Yadav Vs. District Inspector of Schools, Deoria and ors.
Court: Allahabad
Decided on: Nov-01-2010
1. Heard Sri V.S. Singh, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. The facts of the present writ petition disclose grossest misuse of the process of the Court and therefore, this Court has to take stern action in the matter. 3. The facts in short as disclosed in the writ petition are as follows: 4. Ceiling proceedings were initiated against the father of the petitioner, namely, Shiv Nanadan Singh under the U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the 'Act, 1960') culminating in an order passed by the Prescribed Authority dated 31st May, 1976 declaring that he had 16.33 acres of irrigated land as surplus. Shiv Nandan Singh being Ceiling Appeal No. 71 of 1976, which was decided under the order of the appellate authority dated 21st February, 1977 and it was held that the land transferred by the wife of Shiv Nandan Singh cannot be clubbed with that of Shiv Nandan Singh and it was held that Shiv Nan...
Bal Govind Seth Vs. State of U.P.and Another
Court: Allahabad
Decided on: Nov-01-2010
1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The applicant, through the present application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with a prayer that his bail application in Case Crime No. 183 of 2010 under Sections 380, 411, 454 I.P.C., Police Station Mduadeeh District Varanasi be ordered to be considered expeditiously, if possible on the same day by the Courts below. 3. After hearing learned counsel for the applicant and learned A.G.A. this application is finally disposed of with a direction that if the applicant appears and surrenders before the Court below within four weeks from today and applies for bail, then his bail application shall be considered and decided expeditiously if possible on the same day in accordance with the settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another v. State of U.P., reported in 2004 (57) ALR-290, as well as judgement passed by Ho...
Yashpal Vs.State of U.P.
Court: Allahabad
Decided on: Nov-01-2010
1. Heard Sri V.S. Singh, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. The facts of the present writ petition disclose grossest misuse of the process of the Court and therefore, this Court has to take stern action in the matter. 3. The facts in short as disclosed in the writ petition are as follows: 4. Ceiling proceedings were initiated against the father of the petitioner, namely, Shiv Nanadan Singh under the U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the 'Act, 1960') culminating in an order passed by the Prescribed Authority dated 31st May, 1976 declaring that he had 16.33 acres of irrigated land as surplus. Shiv Nandan Singh being Ceiling Appeal No. 71 of 1976, which was decided under the order of the appellate authority dated 21st February, 1977 and it was held that the land transferred by the wife of Shiv Nandan Singh cannot be clubbed with that of Shiv Nandan Singh and it was held that Shiv Nan...
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