Allahabad Court September 2010 Judgments
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Siya Ram Vs. State of U.P.and Another
Court: Allahabad
Decided on: Sep-21-2010
1. Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the material on record. 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/she feels so aggrieved. 3. This revision under section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (here-in-after referred to as the 'Act') is directed against the order dated 6.7.2010 passed by III Addl. Sessions Judge, Mathura in Sessions Trial No. 92 of 2001 State v. Hardayal & others in case crime no.352 of 2000 under sections 364. 307, 302 IPC, P.S. Kosi Kalan, District Mathura whereby Application (Paper) No.127 moved on behalf of the accused revisionist Siya Ram for declaring himself to be a juvenile was rejected on the ground that this issue was raised earlier and the matter was referred to the Juvenile Justice Board and after co...
Sri Nagendra Singh Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-21-2010
1. Heard Sri Alok Dwivedi learned counsel for the petitioner, learned Standing Counsel for the respondents no. 1, 2 and 3, Sri Arun Kumar Tiwari for the respondent no. 4, Sri R.K. Ojha for the newly impleaded respondent no. 5 and Sri Agnihotri holding brief of Sri Neeraj Kumar Pandey for the newly impleaded respondent no. 6 Virendra Kumar. 2. This writ petition questions the selections on the solitary sanctioned post of clerk in Jan Shikshan Intermediate College Prempur, Badagaon, District Kanpur Nagar. 3. The petitioner claims promotion on the said post being a Class IV employee under the provisions of Chapter II Regulation 2 of the Regulations framed under the U.P. Intermediate Education Act 1921. The committee of management has proceeded to select the respondent no. 5 by direct recruitment under the impugned advertisement dated 24.10.2007/27.10.2007. 4. The respondent no. 6 Virendra Kumar has come up with a prayer that he is the senior most of the institution and therefore he should...
Jai Ram Yadav Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-21-2010
1. This petition has been filed challenging the order dated 9th August 2008 passed by the District Inspector of Schools Ballia whereby the post of Assistant Clerk in Janta Inter College, Nagra, Ballia has been offered to the respondent no. 5 on compassionate basis. The petitioner claims that he has been selected and appointed on the said post by the management/Prabandh Sanchalak which papers were forwarded to the District Inspector of Schools who has not disapproved the same, but while passing the impugned order has instructed the Prabandh Sanchalak that in the event any previous permission has been taken for selection and appointment on the said post, the same should be treated to have been cancelled. 2. Upon the petition being filed, an interim order was passed on 5th September 2008 and the parties were directed to maintain status quo. The result was that the petitioner could not be paid salary, and he claims that even though he had joined the post, his pecuniary reimbursements were ...
Bansh Raj and Another Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-21-2010
1. Heard learned counsel for the petitioners, learned Standing Counsel for the respondent Nos. 1 to 4 and the learned counsel for the Committee of Management on whose behalf an Impleadment Application has been filed. 2. In spite of notice, the respondent No.5 has not put in appearance and it is contended at the Bar that the Principal of the institution is supporting the cause of the petitioners. 3. The petitioners in this writ petition are class-IV employees of an Intermediate College namely Gautam Inter College, Pipra Guatam, Basti. The petitioners contend the under the permission granted by the District Inspector of Schools on 15.5.2004, the Principal of the institution advertised the post where after the petitioners were duly selected and appointed. The appointment papers were forwarded to the District Inspector of Schools, who approved the appointment on 20.12.2004. The District Inspector of Schools, who conducted the aforesaid exercise, was Sri Hirday Ram Azad. 5. The salary of th...
Udal Singh Vs. V.C., Bundelkhan University and Others
Court: Allahabad
Decided on: Sep-21-2010
1. Heard learned counsel for petitioner and Sri Neearj Tiwari, learned counsel appearing for respondents. 2. Relief sought in the present writ petition is in the nature of mandamus commanding respondents not to charge admission fee treating petitioner candidature under the backward class category. 3. Petitioner who claims that he is Lodh by caste and has been declared as Scheduled Tribe in view of Government Order issued by State Government on 12.5.2005. Initially petitioner was given admission giving benefit of that Government Order but now respondents have directed to deposit the fee treating petitioner to be backward. 4. On the other hand, learned counsel appearing for respondents has placed reliance upon a Division Bench judgement of this Court reported in 2010 (2) ADJ, 854 State of U.P. and others v. Shiv Kumar Bhardwaj and others and has placed reliance upon paras 8, 9, 10 and 11 of the said judgement. The same are being quoted below:- "8. In view of aforesaid, only question, whi...
Chhatar Singh and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-20-2010
1. Heard learned counsel for the applicants and learned A.G.A. The present 482 Cr.P.C. petition has been filed for quashing the proceedings of case no.878 of 2009, under Sections 147, 452, 323, 325, 504 IPC, pending before the Additional Chief Judicial Magistrate/Additional Civil Judge, (Senior Division), Court No.6, Agra and also for quashing of the order dated 3.10.2009 passed by Additional Chief Judicial Magistrate/Additional Civil Judge, (Senior Division), Court No.6, Agra and the order dated 31.7.2010, passed by Additional Sessions Judge, Court No.5, Agra in criminal revision no.337 of 2009.2. It is contended by the learned counsel for the applicants that the grand daughter of applicant no.1 was marred to the son of opposite party no.2, who was murdered by the son of opposite party no.2 against which the applicant no.1 had initiated proceedings against opposite party no.2 and his family members.3. It is further contended that as a counter blast and to put pressure upon the a...
Amir Singh. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-20-2010
1. Heard learned counsel for the applicant and learned A.G.A. The present application under Section 482 Cr.P.C., has been filed for quashing the order dated 02.08.2010 passed by learned Additional Chief Judicial Magistrate, Court No.3 District Ramabai Nagar (Kanpur Dehat), in Misc. Case No. Nil of 2010 (Amir Singh v. Chandra Pal and others), whereby application under Sect ion 156(3) Cr.P.C., filed by the applicant has been treated to be a complaint case. 2. It is contended by learned counsel for the applicant that when no first information report lodged by the police with regard to commission of cognizable offence, the applicant filed an application under Section 156(3) Cr.P.C. before the Court concerned below, who treated the same as a Complaint Case. 3. It is next contended that the order impugned has given long rope to the police to refuse to register of first information report of cognizable offence and further the applicant approached the Magistrate with sole prayer to direct the ...
Shankar Swaroop Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-20-2010
1. Heard learned counsel for the petitioner and the learned AGA and perused the record. 2. This is a writ petition under Article 226 of the Constitution of India for quashing the order dated 15.07.2010 passed by the learned Additional Sessions Judge, Court No. 2, Aligarh in Criminal Revision No. 222 of 2009 (Shankar Swaroop v State of U.P.) as well as the order dated 13.05.2009 passed learned Judge, Small Causes Court, Aligarh in Criminal Misc. Case No. 9 of 2005 (State v Shankar Swaroop). 3. It appears that in Original Suit No. 595 of 1992 pending in the court of the Judge, Small Causes Court, Aligarh the then Presiding Officer Mr. Sushil Kumar was involved in discharging judicial functions on 28.10.2003. The petitioner told the said Presiding Officer that "Aap dictator hain tatha sach aur jhooth ka kaala parda daalne waale judge hain. Isliye mai jireh nahi karunga". The Presiding Officer considered the statement as derogatory and contemptuous, therefore, he held that the offence unde...
Smt. Raj Gupta and Others. Vs. State of U.P. and Others.
Court: Allahabad
Decided on: Sep-20-2010
1. Sri Saurav Gupta (petitioner no.3) and Ms. Priyanka Gupta, daughter of respondent no. 3 were married on 18.11.2005. Their marriage was registered under the provisions of Special Marriage Act at Meerut on 18.11.2005 and thereafter they also performed marriage according to Hindu rites at Meerut. 2. After the marriage, both of them went to United States of America but unfortunately their relations became strained. They instituted cases against each other. Subsequently, respondent no. 3 (mother-in-law of petitioner-3) filed an FIR. It was registered as Case Crime No.561/2009 under Sections 498-A, 323, 504, 506, 406 and ¾ of the Dowry Prohibition Act, at Police Station Daurala, District Meerut. Hence the present writ petition by Sri Saurav Gupta and his parents (petitioner - 1 & 2). 3. We have heard Sri M D Singh Shekhar and Sri R D Tiwari, counsel for the petitioners, A.G.A. for respondent nos. 1 & 2 and Sri Amit Daga, counsel for respondent no.3. 4. Sri Arun Kumar Gupta ...
Committee of Management, Janta Inter College, Nagla Mohan, District Et ...
Court: Allahabad
Decided on: Sep-20-2010
1. These three writ petitions relate to the dispute of control over the Management by a validly constituted Committee of Janta Inter College, Nagla Mohan, District Etah, which is a recognized institution under the provisions of the U.P. Intermediate Education Act, 1921 and the Regulations framed thereunder, and is governed by the provisions of the Scheme of Administration framed for the said purpose. 2. The last undisputed elections of the Committee of Management were held on 27th February, 2005, in which Sukhvir Singh was elected as a Manager. These elections were recognized by the Competent Authority on 03.06.2005, which was subjected to a challenge by one Sri Kotwal Singh and Turram Singh Yadav in Civil Misc. Writ Petition No. 50404 of 2005. A stay order was granted on 21.07.2005. The writ petition was however dismissed on 17.10.2005 as Turram Singh Yadav denied having joined in the petition. 3. The Committee through Mr. Sukhvir Singh, Manager was managing the institution when Mr. K...