Allahabad Court December 2010 Judgments
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Shardindu Vs. the State of U.P. and Others
Court: Allahabad
Decided on: Dec-23-2010
1. We have heard Shri Ashok Khare, Senior Advocate assisted by Shri Anil Bhushan for the petitioner. Shri R.B. Pradhan, Additional Chief Standing Counsel appears for the respondents. 2. The petitioner retired on attaining the age of superannuation on 31.10.2008. By this writ petition, he has prayed for quashing the order dated 5.2.2010 passed by the State Government under Regulation 351-A of the Civil Services Regulation, deducting 10% of his pension with permanent effect. The order has been passed by the Governor of Uttar Pradesh in consultation with the U.P. Public Services Commission communicated by the Secretary, Education Department-13, Government of U.P., Lucknow. 3. The petitioner was appointed in U.P. Educational Service (Junior Scale) on 01.10.1973. In the year 1997 he was promoted as Director of Education and until 21.1.2004 he functioned as Director, State Council for Educational Research and Training, U.P. For a short period in between he also functioned as Director of Urdu...
Sharda Ram Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-23-2010
1. The petitioner has prayed for a writ of certiorari to quash the order dated 7.2.2008 communicated to him by the Special Secretary, Irrigation Department-6, Government of UP, on behalf of the Governor of U.P. in consultation with the UP Public Service Commission reverting him to one stage lower than the post held by him after holding a departmental enquiry. 2. The petitioner was at the relevant time from 22.5.2003 to 9.5.2005, serving as Executive Engineer, Tubewell Division, Siddharthnagar. He was appointed as Chairman of the Selection Committee for selections to the posts of Nalkoop Mistris. A large number of irregularities were reported in the selections on which a charge sheet was served upon the petitioner alleging that he had orally dictated the marks awarded to the candidates in respect of their educational qualifications and for certificates of sports, prohibited by Rule 5 (4) (c) of the U.P. Procedure for Direct Recruitment for Group 'C' Posts (Outside the Purview of the UP ...
Controllar of Estate Vs. N.C. Bhargava
Court: Allahabad
Decided on: Dec-23-2010
1. We have heard Shri Sambhu Chopra, learned counsel for the department. No one has entered appearance for the legal heirs of the respondent. 2. Shri Naresh Chandra Bhargava-the respondent in the reference died on 30.4.2002. A substitution application was filed on which notices were issued. Shri Ballabh Shukla, the Inspector in the office of Addl. Commissioner of Income Tax, Range-2, Allahabad has filed affidavit of service on 2.12.2003 enclosing there with notices, which were served by personal service upon the heirs of Shri Naresh Chandra Bhargava. The service was deemed to be sufficient on 3.9.2010. 3. On 7.9.2010 we passed the following order:- "Shri Shambhu Chopra, learned counsel appearing for the department has relied upon Commissioner of Income Tax vs. I.D. Varshani of Bahjoi (1953) 23 ITR 163 (Alld) and Additional Commissioner of Income Tax, Bihar vs. S. Surjit Singh (1975) 101 ITR 433 in submitting that there is no provision under the IT Act or in the Rules to bring the legal...
Govind Bhawan Karyalaya Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-23-2010
1. The question of law, that requires consideration in these two Special Appeals, is as to whether the 'Variable Dearness Allowance' (VDA) in the notification dated 31.1.1992 issued under Section 4 of the Minimum of Wages Act, 1948 (in short, the Act) is linked up with the basic rate of wages. 2. The Govind Bhawan Karyalaya with its registered office at 151 M.G. Road, Kolkata is a Society registered under the Societies Registration Act engaged in religious and charitable works including publication of religious books. The Society carries on various activities including running a printing press at Gorakhpur known as 'Geeta Press'. The books printed and published are sold at nominal prices at various places in the country. The press is the major source of affordable religious books in the country. 3. The Society employs unskilled, semi-skilled, skilled and highly skilled staff. They are paid wages in accordance with the notifications issued from time to time by the State Government under...
Sunil Kumar at Ninna Vs. State of U.P. and Another
Court: Allahabad
Decided on: Dec-23-2010
1. This revision under Section 397/401 Cr.P.C. is directed against the order dated 14.1.2010 passed by Addl. Sessions Judge, Court No. 12, Muzaffar Nagar in S.T. No. 1255 of 2009, State v. Rajendra & others, under Section 323, 324, 506 IPC, P.S. Mansoorpur, District- Muzaffar Nagar, later registered at Criminal Case No. 1155/9 of 2010 in the Court of C.J.M. Muzaffar Nagar, whereby trial was transferred to the court of C.J.M. Muzaffar Nagar in accordance with Section 228 (1) (a) Cr.P.C. 2. The facts are that on 13.11.2004 at 12.05 p.m., an FIR was lodged by opposite party no. 2-Rajendra Kumar against Seetu @ Praveen, Buddhu @ Ashok, Pramod and Ramesh, under Section 302 IPC, P.S. Mansoorpur, District Muzaffar-Nagar, which was registered at crime no. 222 of 2004. It was alleged in the FIR that on 12.11.2004 at 9.45 p.m., Himanshu (deceased) was firing crackers in front of house of Rajendra Kumar. Accused Seetu @ Praveen took Himanshu to his house. After sometime Rajendra heard shrieks...
Shiv Lal and AnoThe Vs. State of U.P.
Court: Allahabad
Decided on: Dec-23-2010
1. This criminal appeal has been filed on behalf of appellants - accused Shiv Lal and Madan convicted under sections 307/34 and 323/34 IPC vide judgment and order dated 9.2.1982 passed by IV Additional Sessions Judge, Aligarh in Sessions Trial No.506 of 1979. Both the appellants have been sentenced to undergo R.I. for three months under section 323/34 IPC. Appellant Shiv Lal has been awarded R.I. for two years under section 307/34 IPC and appellant Madan has been awarded R.I. for four years under section 307/34 IPC. Both the sentences of each appellant were directed to run concurrently. 2. The incident started on a very trivial matter. It took place on 27.6.1978 at about 12:00 noon at the house of appellants in Manik Chowk, P.S. Kotwali, Aligarh. The F.I.R. was lodged by complainant Vinod Kumar (P.W.1) on the same day at about 1:40 p.m. at Police Station Kotwali, District Aligarh. 3. The prosecution case, as contained in the F.I.R., is that appellants Shiv Lal and Madan are father and ...
Jagdish Prasad and Others Vs. State of U.P. and Another
Court: Allahabad
Decided on: Dec-23-2010
1. This revision is directed against the judgment and order dated 8.9.2003 passed in Misc. Case No. 211 of 2002, Smt. Kamlesh v. Jagdish Prasad and others whereby the accused/revisionists have been summoned under Sections 395, 420, 467, 468 and 471 I.P.C., P.S. Narkhi, district Firozabad by the Sessions Judge, Firozabad. List is revised. No one has appeared on behalf of the opposite party no.2. 2. Heard learned counsel for the revisionists, learned A.G.A. on behalf of the State and have gone through the entire record. 3. The opposite party no.2 lodged a first information report on 4.9.2001 against the revisionists that on 6.5.2001 at about 8 P.M. the accused/revisionists entered into the house and threatened her of dire consequences and looted the house hold belongings as they were trying to grab the house of the complainant on the basis of a forged will when her report was not lodged at the concerned police station she moved to the District Magistrate, Firozabad and under his directio...
Daud Ahmad Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-23-2010
1. We have heard Shri S.K. Verma, Sr. Advocate assisted by Shri D.V. Jaiswal and Shri Siddharth Verma for the petitioner. Shri Jafar Naiyer, Addl. Advocate General appears for the State respondents. Shri Rajiv Gupta appears for the District Judge, Allahabad. 2. The writ petitions are the oldest land acquisition matters pending in the High Court. Both the writ petitions were dismissed for want of prosecution on 7.12.2009. We had found that the counsels for the petitioners were avoiding the hearing for more than 20 years for one reason or another. They sent repeated illness slips. The land was acquired for extension of the Civil Court building of the Judgeship at Allahabad. The possession of the land was taken on 22.9.1986 by a possession certificate signed by Shri Umeshwar Pandey, the then Addl. District Judge, Allahabad, who was later on elevated to the High Court. The petitioners, however, reentered and continued in possession illegally throughout the pendency of the writ petitions. I...
Commissioner of Wealth Tax Vs. N.L. Bhargava
Court: Allahabad
Decided on: Dec-23-2010
1. This wealth tax reference is pending since 1990. It is connected with Estate Duty Reference No.946 of 1978 raising same issues of fact. 2. We have heard Shri Sambhu Chopra, learned counsel appearing for the Commissioner of Wealth Tax (CWT). Shri Naresh Chandra Bhargava-respondent died on 30.4.2002. The CWT filed an application for substitution on which notices were issued. Shri Ballabh Shukla, the Inspector in the office of Addl. Commissioner of Income Tax, Range-2, Allahabad filed affidavit of service on 2.12.2003 including therewith notice served upon the heirs of Shri Naresh Chandra Bhargava. By order dated 7.9.2010 the application for condonation of delay and the application for substitution was allowed. The respondents have been served personally through the office of the Addl. Commissioner of Income Tax, Range-2, Allahabad. No one has put in appearance on behalf of the respondent. 3. By order dated 16th January, 1989 this Court directed the Income Tax Appellate Tribunal, Allah...
Baiju Vs. State of U.P. and Another
Court: Allahabad
Decided on: Dec-23-2010
1. his revision under section 397/401 of the Code of Criminal Procedure is directed against the order dated 22.5.2010 passed by Additional Sessions Judge / Fast Track Court No.2, Aligarh in Sessions Trial No.499 of 2001 (State v. Baiju & others) arising out of case crime no.23 of 2001 under sections 147, 148, 149, 302 IPC, Police Station Civil Lines, District Aligarh, whereby application 152 kha under section 311 Cr.P.C. filed by learned counsel for accused - revisionist Baiju for summoning S.I. Birendra Singh Tomar was rejected. 2. Revisionist is one of the accused in the aforesaid Sessions Trial. During the course of final arguments, application under section 311 Cr.P.C. was moved by learned defence counsel on the ground that as per the prosecution case, accused Baiju was arrested on the date of incident itself i.e. on 21.01.2001, but the prosecution had not produced any documentary or oral evidence in respect of the arrest. The F.I.R. was lodged on 21.01.2001 at 10:45 a.m. on th...
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