Skip to content

Allahabad Court July 2010 Judgments

Browse smarter

Open an 18-section brief on any judgment

Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.

  • AI Brief & Ask
  • Semantic AI Search
  • Devil's Bench

Credentials emailed - log in to pick up where you left off.

Jul 01 2010

Ajay Kumar @ Monu, and Others. Vs. State of U.P. and Others.

Court: Allahabad

Decided on: Jul-01-2010

1. Heard learned counsel for the petitioners, Shri Vivek Kumar Singh, learned counsel for complainant and also learned Additional Government Advocate.2. The argument substantially is that fraught relation emanating from matrimonial bickering escalated into launching of criminal proceeding vide F.I.R. which was registered at Case Crime No.204 of 2010, under Sections 498-A, 323 I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Saroorpur, District Meerut.3. Having considered the arguments advanced across the bar, we have a feeling that Court owes a duty to the society to strain to the utmost to repair the frayed relations between the parties so that the wounded situation may be healed into a healthy rapprochement. The matter in hand also appears to be one of those cases in which reconciliation should be tried between the disputing parties.4. While referring the matter to Mediation Centre with the consent of the petitioners, it is directed that the petitioners shall deposit a sum of Rs.10...


Jul 01 2010

Deep Shikha VermA. Vs. V.C. Allahabad University and Others.

Court: Allahabad

Decided on: Jul-01-2010

1. This petition under Article 226 of the Constitution of India, has been filed by the petitioner praying for issuance of a writ of certiorari quashing the order dated 04.08.2009 passed by the Deputy Registrar Examination, Allahabad University, communicating that the result of the petitioner of the B.A.Part II Examination of 2009 has been cancelled on the ground of use of unfair means.2. The petitioner is a regular student of Allahabad Degree College (Girls) which is a constituent College of the University of Allahabad. Petitioner was pursuing her B.A course from the said College with Hindi, Ancient History and Political Science as her subjects. In the B.A. Part-II Examination for the academic year 2008-09 the flying squad caught the petitioner on 21st March, 2009 while petitioner was writing Hindi II paper using unfair means by recovering four pages of hand written material from her possession. At the time recovery was made, the petitioner filled up Column 4 of the prescribed proforma...


Jul 01 2010

Raju Saini. Vs. State of U.P.and Another.

Court: Allahabad

Decided on: Jul-01-2010

1. By means of this application filed under section 482 of the Code of Criminal Procedure, 1973, for short, Cr.P.C., the applicant has invoked the inherent powers of this Court with a prayer to quash the proceedings of Case No. 1031 of 2006(State vs. P.K. Sharma and another) relating to Crime No. 104/2001 under section 406 IPC of P.S. Bazar Khala, Lucknow, pending in the Judicial Magistrate-I, Court Room No. 14, Lucknow.2. I have heard Shri Abhishek Mishra holding brief of Shri Navin Bhradwaj, learned counsel for the applicant, opposite party no.2 in person and the learned A.G.A. for the State and perused the material placed on record.3. As per prosecution case opposite party no.2, Kamal Kishore Gupta and his wife Smt. Tara Gupta had invested Rs. 2,25,000/- in different investment schemes of Kuber Group of Companies, of which P.K. Sharma was the Chairman-cum- Managing Director. The said Company has now been wound up. The applicant Raju Saini, representing himself as Chief Executive of ...


Jul 01 2010

Shamim Ahamad @ Munnoo and Others. Vs. State of U.P.

Court: Allahabad

Decided on: Jul-01-2010

1. This criminal appeal has been filed against judgment and order dated 23rd December, 1981 passed by the 7th Addl. Sessions Judge, Azamgarh in S.T. No. 236 of 1989 whereby the appellants Shamim Ahmad was convicted under Section 307 IPC and sentenced to undergo R.I. for four years. Appellants Shamshul Huda, Shamshul Haq and Saghir Ahmad were convicted under Section 307 read with Section 34 IPC and were sentenced to undergo R.I. for 3 1/2 years. Appellant no. 4 Saghir Ahmad had died as per the office report dated 11th April, 2007 and the report of the C.J.M. Agamgarh dated 23rd March, 2007. The appeal of appellant Saghir Ahmad stands abated on account of his death.2. The incident took place on 20.4.1979 at 6 A.M. The FIR was lodged by Sri Razi Ahmad (P.W-1) on the same day on 8.30 A.M. at P.S. Ghosi, District-Agamgarh.3. The prosecution case, as contained in the FIR is that there was previous enmity between the parties and a criminal case was pending against the appellants. On 20.4.1979...


Jul 01 2010

Madan Lal Sahu and Another. Vs. State of U.P. and Others.

Court: Allahabad

Decided on: Jul-01-2010

1. We have heard learned counsel for the petitioner and the learned AGA and perused the record. The arrest of the petitioner was stayed by an interim order passed in this writ petition in respect of Case Crime No.840 of 2008, under sections 420 IPC and Section 63 of Copy Right Act and Case crime no.841 of 2008, under Sections 3/7 of Essential Commodities Act, PS Shahganj, District Jaunpur.The investigation had not been stayed. It is not known whether the investigation has been completed yet or not.2. In the case of Mahendra Lal Das v State of Bihar: 2002 SCC (Crl) 110, it has been held by the Supreme Court that while interference by courts at investigation stage is not called for, the investigating agency cannot be given latitude of protracting the conclusion of the investigation without any limit of time. No useful purpose would be served in keeping this petition pending any longer. Accordingly, we dispose of this writ petition with the following directions:1. The investigation will b...


Jul 01 2010

Bhawana Gupta and Another. Vs. State of U.P. and ors.

Court: Allahabad

Decided on: Jul-01-2010

1. This writ petition has arisen from the alleged wrongful action and act of the ACM and ADM IV, Varanasi. This court intervened at an interim stage and the following order was passed; "Connect with WP No. 29154/2010. Learned counsel for the petitioners contends that the petitioners are owners of the house in question which was conditionally sold in favour of respondent nos. 6 and 7 and post dated cheques were given which cheques having bounced, the sale deed in favour of the respondents stood cancelled.The petitioners also state that a suit for declaring the sale deed as void has already been filed by the petitioners. It is submitted that the District Administration took interest in the matter and a compromise was got entered into between the parties on 10.03.2009 under which, till the dispute between the parties pending the court is decided, the District Administration shall keep the possession of the property. It is submitted that acting against the said compromise, now an order has...


Jul 01 2010

The National Insurance Co. Ltd. Vs. Saroj Kumari and ors.

Court: Allahabad Lucknow

Decided on: Jul-01-2010

1. This is a First Appeal From Order under Section 173 of the Motor Vehicles Act has been preferred against the impugned award dated 17.11.2007, passed in M.A.C.P. No.186 of 2003 by Motor Accident Claims Tribunal/Addl. District Judge, Court No.1, Lakhimpur Kheri. Heard learned counsel for the appellant and learned counsel appearing for the respondents and also perused the record.2. One Ram Jash son of Asharfi Lal boarded bus No.D.L. 1 P.0064 to travel from Laukhania to Dhakherwa. An altercation took place between Ram Jash and the conductor of the bus Shri Guddu alias Istiyaq Ali with regard to fare. Ram Jash felt that the conductor is realising higher fare than what is required under the rules. During the course of altercation, Guddu alias Istiyaq Ali pushed Ram Jash out, in consequence thereof, Ram Jash fell down on the road and sustained injuries. Later on, Ram Jash succumbed to the injuries on being brought to the hospital. Ram Jash was aged about 21 years and was agriculturist and ...


Jul 01 2010

Dr. Ram Prakash GuptA. Vs. D.J. and Others.

Court: Allahabad

Decided on: Jul-01-2010

1. The petitioner who is a defendant in suit no.645 of 1994: Ram Chandra Gupta v. Dr. Ram Prakash Gupta, has filed the present writ petition being aggrieved by the orders passed by the two Courts below rejecting his application filed under Order 7 Rule 11 C.P.C. to reject the plaint as the suit, according to him, is not cognizable by Civil Court. The said suit has been filed by the contesting respondent no.3 herein for declaration that sale deed executed by the present petitioner on 24th of December,1992 in his favour is valid. Also prayed for grant of permanent injunction restraining the defendant from interfering in the possession of the plaintiff. The subject matter of the suit is agricultural land which originally belonged to Smt. Jamuna Devi, the mother of the petitioner. She was recorded in the Revenue record as its tenure holder and after her death, the plaintiff respondent no.3 who is nephew of the deceased Smt. Jamuna Devi, filed an application for mutation of his name before ...


Jul 01 2010

Prem Nath ArorA. Vs. State of U.P.

Court: Allahabad

Decided on: Jul-01-2010

1. Supplementary affidavit filed on behalf of the revisionist today is taken on record. Alongwith this supplementary affidavit certified copy of the recovery memo dated 14.3.1993 has been filed. The genuineness of this document has not been challenged from the side of the State.2. I have heard learned counsel for the revisionist and learned A.G.A. and perused the record. Learned A.G.A. has opposed this revision. The records show that on 14.3.1993 at about 1.00 A. M. a raid was conducted in the house of the revisionist Prem Nath Arora. The S.H.O. of the police station Kotwali, Saharanpur arrested 10 persons including the revisionist under the provisions of 3/4 of Gambling Act and recovered certain articles and cash from the possession of each of the persons detained and arrested on the spot. Besides, from the middle of the gambling place playing cards, certain ornaments and cash amount was also recovered which are said to be the articles lying on the sheet and, according to the recovery...


  • Next ›

AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial