Allahabad Court April 2010 Judgments
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Davendra Singh and ors. Vs. State of U.P. Thru. P.S. Home Dept. and or ...
Court: Allahabad
Decided on: Apr-22-2010
1. Heard Shri Zafeer Ahmad, learned Counsel for the petitioners. Learned Standing Counsel appears for the respondents.2. The petitioners have prayed for quashing notification dated 5.3.2010 issued under Sub-section (1) of Section 4 read with Sub-section (1) of Section 17 of the Land Acquisition Act, 1894 (in short, the Act) notifying plots No. 16, 17 and 18 of Village Dulhapur Santprasad District Jyotiba Phuley Nagar along with other plots for a total area 20.870 for the purposes of construction of district Jail.3. It is admitted to the parties that the notification under Sub-section (1) of Section 6 read with Section 17 of the Act has not been published, so far.4. Learned Standing Counsel has raised a preliminary objection to the maintainability of the writ petition against the proposal to acquire the land by notification under Section 4 (1)/17 (1) of the Act. It is stated that the notification under Section 6 (1) has not been published so far and that the petitioners have not alleged...
Noor Mohammad S/O Late Humman and ors. Vs. State of U.P. Thru Prin. Se ...
Court: Allahabad
Decided on: Apr-22-2010
1. Heard the learned Counsel for the petitioner, Sri H.P. Srivastava, learned Additional Chief Standing Counsel and perused record.2. The short question involved in this writ petition is, as to whether the Divisional Forest Officer, has got power to impose damage on account of loss caused to the forest land?On receipt of allegation with regard to the alleged damage caused to forest land, an F.I.R. was lodged and according to petitioners' counsel, chargesheet has been submitted pending for trial before the Court of Chief Judicial Magistrate, Lakhimpur Kheri. Relying upon the contents of F.I.R., the Divisional Forest Officer has sent a reference to the District Magistrate to recover the damages from 150 persons including the petitioners. However, in the F.I.R., name of all the persons have not been mentioned. The order of recovery has been challenged on the ground that the Divisional Forest Officer has got no jurisdiction to impose damages.It is also stated that without holding a proceed...
Kulwant Singh and ors. Vs. State of U.P. Thru. P.S. Home Dept. and ors ...
Court: Allahabad
Decided on: Apr-22-2010
1. Heard Shri Zafeer Ahmad, learned Counsel for the petitioners. Learned Standing Counsel appears for the respondents.2. The petitioners have prayed for quashing notification dated 5.3.2010 issued under Sub-section (1) of Section 4 read with Sub-section (1) of Section 17 of the Land Acquisition Act, 1894 (in short, the Act) notifying plots No. 19, 15/2, 11 and 13 of Village Dulhapur Santprasad District Jyotiba Phuley Nagar along with other plots for a total area 20.870 for the purposes of construction of district Jail.3. It is admitted to the parties that the notification under Sub-section (1) of Section 6 read with Section 17 of the Act has not been published, so far.4. Learned Standing Counsel has raised a preliminary objection to the maintainability of the writ petition against the proposal to acquire the land by notification under Section 4 (1)/17 (1) of the Act. It is stated that the notification under Section 6 (1) has not been published so far and that the petitioners have not a...
Smt. Aparna Tripathi Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-21-2010
D.K. Arora, J.1. Notice on behalf of opposite parties No. 1 and 2 has been accepted by the learned Chief Standing Counsel and Sri Prashant Arora, Advocate has accepted notice on behalf of opposite party No. 3.2. Heard counsel for the parties.3. By means of present writ petition, the petitioner is challenging the order dated 16.07.2009 passed by the District Basic Education Officer, Hardoi, by which claim of the petitioner for appointment on compassionate ground has been rejected indicating therein that there is no provision for giving appointment to daughter-in-law in the Government Order dated 04.09.2000.4. The brief facts of the case are that the mother-in-law of the petitioner was working as Assistant Teacher in Kanya Purva Madhyamik Vidyalaya Madhauganj, district Hardoi, who died in harness on 21.08.2006. During life time, the mother-in-law of the petitioner executed a registered will deed on 21.11.2005 by bequeathing all the movable and immovable properties as well as service bene...
Ram Sahai Chaudhry Vs. the Uttar Pradesh State Roadways Transport Corp ...
Court: Allahabad
Decided on: Apr-20-2010
S.S. Chauhan, J.1. The petitioner through this petition has challenged the order of removal dated 18.1.1985 and the order dated 18.6.1987.2. The facts in brief are that petitioner was initially appointed in the U.P. State Roadways Corporation in the year 1976 as Conductor at District Basti and thereafter he was transferred to Gonda depot. On 5.10.1984 when the petitioner was conducting Bus No. 7432 on Gonda-Colonelganj-Durjanpur route it was stopped near Dharsava by about 14 stranded passengers, who boarded the bus and informed the petitioner that the Matador in which they were travelling in the midway developed a snag and they are in a hurry and since seats were available in the petitioner's bus he has allowed them to continue their journey, but the passengers insisted that the bus be not stopped for purposes of issuing tickets and the bus which was delayed because of forcible stoppage enroute, was allowed to continue journey and the petitioner started counting the passengers for purp...
Vinod Kumar Awasthi Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-20-2010
S.S. Chauhan, J.1. The present petition has been filed for quashing the order dated 02.09.2008, contained in Annexure No. 1 to the writ petition, passed by opposite party No. 1.2. The facts in nutshell are that the petitioner was working on the post of Junior Engineer in the Lucknow Development Authority. On 01.07.2005, opposite party No. 3 on the basis of enquiry against Brahmanand Pandey, Workcharge Supervisor, Sudhir Srivastava and Brijesh Shukla, Assistant Accountants, Pradeep Kesharwani, Upper Group Assistant/ Accounts Clerk, Narendra Bhushan, Financial Controller, Paras Nath, Accounts Officer and Lalit Kishore Mehrotra, Chief Engineer along with the petitioner, held them responsible for making illegal payment to a construction company. A departmental enquiry was initiated against the petitioner by issuing a charge sheet dated 2 1.01.2006, which was served upon the petitioner on 24.01.2006. The petitioner demanded several documents from the enquiry officer in order to enable him t...
Ram Lagan Vs. the Uttar Pradesh State Roadways Transport Corporation a ...
Court: Allahabad
Decided on: Apr-20-2010
S.S. Chauhan, J.1. The petitioner through this petition has challenged the order of removal dated 24.2.1984 as well as the order dated 18.6.1987.2. The facts in brief are that petitioner was initially appointed in the U.P. State Roadways Corporation on 3.8.1976 as Conductor at District Basti and thereafter he was transferred to Gonda depot. On 30.9.1983 when the petitioner was conducting the Bus No. UPX-8036 on Balrampur-Bahraich route it was stopped near Dharsava by about 20 stranded passengers, who boarded the bus and informed the petitioner that the bus in which they were travelling after leaving the Bus Station developed a snag and they are in a hurry to go to Bahraich and since seats were available in the petitioner's bus, he has allowed them to continue their journey, but the passengers insisted that the bus be not stopped for purposes of issuing tickets and the bus, which was delayed because of forcible stoppage enroute, was allowed to continue journey and the petitioner started...
Pradeep Kumar Katiyar Vs. State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Apr-20-2010
S.S. Chauhan, J.1. This petition has been filed challenging the charge sheet of the case 'The State v. Kishan Dwivedi and Ors.', vide Case No. 1036 of 2007, under Sections 406/408/409/410/413/415/418/420/464/465/467/468/471/120-B I.P.C., P.S. - Achalganj, District - Unnao, pending in the court of Judicial Magistrate, Unnao along with the proceedings arising out of the said charge sheet. It has also been prayed that cognizance and summoning order dated 17.07.2004 passed under the aforesaid sections vide Case No. 1036 of 2007 pending in the court of Judicial Magistrate, Unnao may also be quashed.2. The facts in brief are that the petitioner was a partner in M/s Aashi Enterprises, a partnership firm, having its office at 118/13, Kaushalpuri, Gumti No. 5, P.S. -Nazirabad, District - Kanpur Nagar and was doing business with consumer-goods company, namely, M/s Hindustan Lever Limited (for short 'the Company') in the capacity of its 'Re-Distribution Stockist' since 1996 under agreement with t...
The Scientific Instrument Co. Ltd. Through Its Managing Director Vs. t ...
Court: Allahabad
Decided on: Apr-20-2010
Dilip Gupta, J.1. The petitioner has sought the quashing of the order dated 2nd June, 2009 passed by the Arbitrator by which the preliminary objection raised by the petitioner was rejected and it was held that the claim referred for decision before the Arbitrator was within the limitation period prescribed under Section 137 of the Limitation Act, 1963 (hereinafter referred to as the 'Limitation Act').2. Respondent No. 2-U.P. State Sugar Corporation Limited, Sakoti Tanda, Lucknow (hereinafter referred to as the 'Corporation') filed a claim petition on 5th August, 2006 before the Arbitrator, namely the Managing Director of the Corporation, for refund of Rs. 9,19,168.56 from the petitioner with interest. It was mentioned that the Corporation had placed a purchase order dated 22nd January, 1990 with the petitioner-Company for supplying certain machines and under Clause 20 of the General Terms and Conditions enclosed with the said purchase order it was provided that if at any time any quest...
Dr. Mahendra Pratap Singh and 14 ors. Vs. the State of U.P. and ors.
Court: Allahabad
Decided on: Apr-20-2010
Dilip Gupta, J.1. This petition seeks the quashing of the order dated 1 5th October, 2009 passed by the Authorised Controller of the Khalsa Inter College, Noorpur, District Bijnor by which he has determined the list of 281 life members of the General Body entitled to participate in the election of the Committee of Management of the Institution. The petitioners have sought a further direction that the Authorised Controller should continue in the Institution till the valid electoral roll is determined and the election of the Committee of Management of the Institution is held.2. It is asserted in the writ petition that Khalsa Inter College, Noorpur, District Bijnor (hereinafter referred to as the 'Institution') is a minority Institution which is run by the 'Sikh Vidhya Sabha Noorpur, District Bijnor' and is governed by the provisions of the U.P. Intermediate Education Act, 1921. Under Clause 7 of the Scheme of Administration of the Institution, the term of the Committee of Management of t...
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