Allahabad Court May 2010 Judgments

Rajol and ors. Vs. State of U.P. and anr.

Court: Allahabad

Reported in: 2010(5)ADJ628

Shri Kant Tripathi, J.1. Heard the learned Counsel for the petitioners and the learned AGA for the respondent No. 1 and perused the impugned judgment and order.2. With the consent of the learned Counsel for the parties, this petition is being disposed of finally at the stage of admission.3. It appears that the petitioners Rajol, Chote Bhaiya and Ajai have been summoned under Section 319 CrPC to face trial in regard to the offences under Sections 302/34 IPC in S.T. No. 166/2008 State v. Vijay; Crime No. 1234/2007 police station Bangarmau, district Unnao, vide the order dated 15.5.2010 passed by the Additional Sessions Judge/Special Judge (E.C. Act) Unnao.4. The petitioners were named in the FIR but their names were left in the charge sheet. During the trial, PW-1 Ramu @ Anil Kumar was examined, who has deposed in regard to complicity of the petitioners alongwith the charge-sheeted accused. The learned Additional Sessions Judge, placing reliance on the statement of the said witness (PW-1...

O.P. Sharma Vs. U.P. Awas Avam Vikas Parishad and ors.

Court: Allahabad

Rakesh Sharma, J.1. Heard Sri Rahul Sripat, learned Counsel for the plaintiffappellant and Sri A.P. Srivastava, Advocate, learned Counsel for the respondents.2. Through this Second Appeal, under Section 100 of the CPC, the plaintiff-appellant had assailed the judgment and decree dated 2.2.2000, passed by the 1st Additional District Judge, Bareily, Bareily in Civil Appeal No. 67 of 1998 reversing the judgment and decree dated 24.9.1993, passed by the IV Additional Civil Judge, Bareily in Original Suit No. 143 of 1977.3. While admitting this Second Appeal in the year 2000, following substantial questions of law were formulated by the Court:(a) Whether the learned Appellate Court has reversed the judgment of Trial court on the basis of irrelevant consideration and caused substantial failure of justice?(b) Whether any oral evidence was admissible for contents of document in view of Section 59 of Indian Evidence Act?(c) Whether burden of proof has wrongly been fixed upon the plaintiff to pr...

Janpad Int. Bhatta Samiti and ors. Vs. Union of India (Uoi) and ors.

Court: Allahabad

1. These two modification applications have been filed by respondent No. 5 and respondent No. 3 respectively making substantially following prayers:(i) It is, therefore Most Respectfully prayed that this Hon'ble High Court may graciously be pleased to modify the interim order dated 13.5.2010 and to vacate the interim mandamus granted by it, which is contrary to the order dated 13.4.2010 passed by the coordinate bench of Lucknow Bench of this Hon'ble Court in Civil Misc. Writ Petition No. 3254 (MB) of 2010 which is an absolutely identical matter and has same cause of action, otherwise applicant-respondent No. 5 shall suffer irreparable loss and injury, and/or to pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.(ii) It is, therefore, Most Respectfully prayed that this Hon'ble High Court may graciously be pleased to modify the interim order dated 13.5.2010 and to vacate the interim mandamus granted by it, which is ...

Munne Khan and ors. Vs. Board of Revenue and ors.

Court: Allahabad

Prakash Krishna, J.1. The present writ petition arises out of suit No. 17/123/337/944 of 1996 instituted by the respondent Nos. 2 to 9 herein against the petitioners under Section 229 B of the U.P.Z.A. & L.R. Act in respect of the plot No. 2579 (old), new number 1553 situate in village Tumurki, Tehsil Sahabad, District- Hardoi. The said plot was sold by the petitioner Nos. 1, 2 and 3 in favour of the petitioner Nos. 4 to 12 by means of sale deed dated 18th of February, 1969. The plot in question is a grove. The background facts of the case may be noted in brief.2. The petitioner Nos. 1, 2 and 3 and the contesting private respondents were the co-tenants of number of plots namely 2579, 2914, 2615, 2462, 2468, 2412, 2902. During the consolidation operation, the parties entered into a compromise on 30th of June, 1965 whereby they agreed with regard to the allotment of the plots to the extent of their shares. With respect to the plot in dispute i.e. the old plot No. 2579, the common case of...

Managing Director, U.P. Bridge Corporation Limited and anr. Vs. the Pr ...

Court: Allahabad

Anil Kumar, J.1. By means of present writ petition, the judgment and award dated 20.2.2001 passed by the Prescribed Authority, Industrial Tribunal No. (II), U.P. Lucknow in Adjudication Case No. 92 of 1997 is under challenge.2. Heard Sri Shishir Jain, learned Counsel for the petitioner and Sri B.P. Dubey, learned Counsel on behalf of opposite party No. 2.Brief Facts3. The factual matrix of the present case are that Sri Surendra Kumar Dixit, respondent No. 2 was initially appointed as Truck Driver on muster roll basis in U.P. State Bridge Corporation Limited( hereinafter referred to as' Corporation') in the month of October, 1975.4. On 20.1.1984 he was placed in group -B category of workmen on monthly rate of wages in the Corporation. On 9.1.1991, respondent No. 2 had proceeded on leave did not report for duty and remained absent for about three years and eight months . Thereafter on 14.1.1994 and 16.12.1994 an undated application submitted by respondent No. 2 through post for sanction ...

C/M, Kedar NaraIn Krishak Inter College and anr. Vs. State of U.P. and ...

Court: Allahabad

Dilip Gupta, J.1. The Committee of Management of the Kedar Narain Krishak Inter College, Uchauri, District Ghazipur and Rajendra Prasad Singh claiming himself to be its Manager have filed this petition for setting aside the order dated 6th May, 2010 passed by the Regional Level Committee by which the order dated 27th May, 2009 passed by the Joint Director of Education, Varanasi Region, Varanasi has been set aside and all the orders issued subsequently to give effect to this order have also been declared to be ineffective.2. It is stated that the Society namely, 'Krishak Sangh Uchauri, District Ghazipur' (hereinafter referred to as the 'Society'), which is registered under the provisions of Societies Registration Act, 1860 (hereinafter referred to as the 'Act'), has established an Intermediate College known as 'Kedar Narain Krishak Inter College, Uchauri, District Ghazipur' (hereinafter referred to as the 'Institution'). It is contended by the petitioners that though the General Body of...

Mohammad Aqil and ors. Vs. Shamiuddin

Court: Allahabad

Devendra Pratap Singh, J.1. Heard learned Counsel for the parties.2. This petition is directed against concurrent judgments dated 20.5.2004 and 21.5.2008 by which both the courts below have decreed the eviction suit filed by the respondent landlord against the petitioner tenant.3. The respondent landlord instituted a SCC Suit No. 150 of 2002 against the petitioner tenant for eviction and arrears of rent inter alia with the allegation that the disputed shop No. 142 situated in Mohalla Rangsaz, Sadar Bazar, Meerut was purchased by the respondent landlord vide registered sale deed dated 9.8.2001 wherein the petitioner was a sitting tenant at the rate of Rs. 120/- per month. It was further stated that the disputed shop came into the exclusive share of Smt. Parmila Jain wife of late Hans Kumar Jain and his other heirs in a family settlement between her and Anil Kumar son of Jagdish Prasad Jain, father of Anil Kumar Jain and Hans Kumar Jain. It was further pleaded that after the sale deed, t...

Rakesh Kumar Vs. State of U.P. and ors.

Court: Allahabad

V.K. Shukla, J.1. In the present case, petitioner's contention is that elected Pradhan of village died on 26.3.2010. Petitioner submits that thereafter, interim arrangement has to be made in exercise of authority vested under Section 12- J (2) of U.P. Panchayat Raj Act, 1947. Petitioner is elected member of Gram Panchayat Barethar Khurd, Block Kjajuwa, Tehsil Bindki, District Fatehpur, has contended that at no point of time any meeting of member of Gram Panchayat had ever been convened to ascertain the wishes of the member of aforesaid Gram Panchayat. Contention of petitioner is that as officiating arrangement is to be made, then at this juncture District Magistrate was obliged to convene meeting in order to ascertain wishes of majority member of Gram Panchayat and then based on the same opinion ought to have been made in this direction, but same has not been done. At this juncture present writ petition has been filed.2. Sri. Vishal Khandelwal, Advocate, learned Counsel for the petitio...

Smt. Abha Shukla and Aasha Devi Vs. State of U.P. and ors.

Court: Allahabad

Anil Kumar, J.1. Heard Sri O.P. Sharma learned Counsel for the petitioner in Writ Petition No. 6233 (S/S) of 2009 and Sri S.N. Misra, learned Counsel for the petitioner in Writ Petition No. 1727(S/S) of 2010, Sri Vishal Verma, learned Counsel appearing on behalf of District Basic Education Officer, Gonda and the learned Standing Counsel appearing on behalf of other opposite parties.2. With the consent of the learned Counsel for the parties, as the controversy involved in both the writ petition are arising out of the same cause of action so both are heard and decided by a common judgment.BRIEF FACTS OF THE CASE3. The facts in brief are that on 27.10.2005, an advertisement was issued by Zila Basic Shiksha Adhikari, Gonda in various newspapers thereby calling upon an application from eligible candidates for appointment on the post of Shiksha Mitra. One of the post of Shiksha Mitra in the said advertisement was in respect to Shiksha Mitra at Primary Vidyalaya, Kungaiya situate at village C...

Nand Lal Singh Vs. State of U.P. and ors.

Court: Allahabad

Dilip Gupta, J.1. The petitioner has sought the quashing of the order dated 6th May, 2010 passed by the District Basic Education Officer, Maharajganj (Annexure-11 to the writ petition) by which he has withdrawn the order of single operation of the salary account of the Institution and has attested the signatures of Nandini Devi as the Manager of the Committee of Management of the Institution. The petitioner has also sought the quashing of the order dated 5th May, 2010 passed by the District Basic Education Officer (Annexure-11-A to the writ petition) by which he has approved the election of Nandini Devi as Manager of the Committee of Management of the Institution for the remaining term.2. Dharmendra Kumar Janta Laghu Madhyamik Vidyalaya Madhoganj, District Maharajganj (hereinafter referred to as the 'Institution') is an educational Institution up to the Junior High School level and is recognized under the Basic Education Act. The petitioner claims to have been elected as the Manager of...