Allahabad Court September 2010 Judgments
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Sushil Kumar Tyagi Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-30-2010
1. This is a peculiar case of an official, who was at the time of the passing of the impugned orders working as an Assistant Sub-Inspector (Ministerial) in the office of the Deputy Inspector General of Police, Provincial Armed Constabulary, Meerut. 2. The petitioner's father was in the police service of the State of Uttar Pradesh, who died in harness on 20th November, 1977. The petitioner's younger brother Muniraj Tyagi was appointed as a Constable on 18th April, 1979, who is now presently working in the State of Uttaranchal after the bifurcation of the State. 3. The petitioner was appointed as a Constable in the ministerial cadre on 17th June, 1997. A copy of the letter of appointment is on record, which recites that the petitioner is being appointed along with two other constables on the pay scale assigned therein. 4. This appointment of the petitioner was admittedly on compassionate basis on account of his father having died in harness. The petitioner was subsequently promoted as As...
Surendra Singh Chauhan. Vs. State of Uttar Pradesh (U.P.) and anr.
Court: Allahabad
Decided on: Sep-29-2010
1. Heard learned counsel for the applicant and learned AGA for the State respondent. The present 482 Petition has been filed for quashing of the order dated 25.06.2010 passed by the A.C.M.M.-I, Kanpur Nagar in case no. 2731 of 2007 under section 138 of Negotiable Instruments Act, whereby the objection filed by the applicant pursuant to the earlier order of this Court dated 14.11.2008 passed in Criminal Revision No. 147 (d) of 2005 has been rejected on the ground that the same is not maintainable at this stage. 2. Learned counsel for the applicant has contended that the applicant had a number of insurance policies and the opposite party no. 2 was the insurance agent and it appears that some cheque was given by the applicant to the opposite party no. 2 for depositing the premium of one of the said policies, which was misused by the opposite party no. 2 by initiating proceedings under section 138 of the Negotiable Instruments Act against the applicant when in fact neither any amount was d...
Arvind Kumar. Vs. State of Uttar Pradesh (U.P.) and anr.
Court: Allahabad
Decided on: Sep-29-2010
1. Heard learned counsel for the applicant and learned AGA for the State. By means of this application under Section 482 of the Code of Criminal Procedure (in short 'the Cr.P.C.'), the applicants have invoked inherent jurisdiction of this court to quash the entire proceedings of case no. 3157 of 1990 (State v. Radha Raman & ors) under Sections 147, 148,149,302 I.P.C P.S. Madhoganj District Jalaun, pending in the court of Chief Judicial Magistrate Jalaun. 2. The first submission made by learned counsel for the applicant is that coaccused persons have been acquitted after trial and hence on the basis of the principle of Stare Decises, the applicant is liable to be acquitted of the charges framed against him and hence the entire proceeding of the case should be quashed by this Court in its inherent jurisdiction under section 482 Cr.P.C., as no useful purpose will be served to continue the proceedings of the case against the applicant. For this submission my attention was drawn t...
Smt. Indra Devi. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-29-2010
1. Heard Sri Manoj Srivastava, learned counsel for the applicant and learned AGA. The present case is one which is evidently an example misuse of power by the police officer and insensitivity and non application of mind by the Magistrate, which has resulted in gravest injustice to the victim applicant Smt. Indra Devi. Orders like the one impugned in this application are a slur. 2. Smt. Indra Devi wife of Gulab Singh lodged a FIR of crime no.48 of 2010 under Section 376 IPC Police Station Etmatuddaula, District Agra, (Annexure--2) to this application under Section 482 Cr.P.C. with allegations that on 18.11.2008, when her husband was away from her house, accused Yogendra and Monu both sons of Komal Singh came to her house and told her that she was called by Sub Inspector. 3. On the said intimation, applicant victim came to road along them. On the road, a silver colour Car having Registration No. UP 80 BB 4720 was parked The informant applicant was pushed inside the car and her mouth was ...
Dr. Ram Chandra Vs. State of Up and Others
Court: Allahabad
Decided on: Sep-29-2010
1. By this writ petition the petitioner has prayed for directions to allow him UGC pay scale with effect from July, 1999 and to pay the entire arrears of salary. He has also prayed for directions to allow and grant pay scale of Senior Lecturer and Reader. 2. From the representation of the petitioner dated 9.7.2007, and the pleadings in the writ petition, we find that the petitioner is a Post Graduate in Science (M. Sc.) in 1985 with 53.3% marks; B. Ed. in 1973 with 56.9% marks, M.Ed in 1976 with 62% marks and Pd.D in Education in 1983, and was awarded UGC Fellowship. He was appointed as Lecturer in Sri Bajrang Teachers Training College, Deeg, Bharatpur (Rajasthan) on 3.8.1983 and continued upto 31.3.1984. He was then appointed as Lecturer in the same college on 12.7.1985 and continued upto 31.3.1984. He was again appointed as Lecturer on 12.7.1985 in the same college and continued upto 22.8.1986. In the year 1988, he was appointed as Lecturer in Maharaja Suraj Mal Teachers Training Col...
Sunil Kumar Tewari Vs. State of U.P. Through Principal Secy. Govt.Dept ...
Court: Allahabad
Decided on: Sep-29-2010
1. Heard Sri R.P.Ojha, learned counsel for the petitioner and Sri Vishal Verma for opposite party No.s 2 and 3. 2. Case of the petitioner is that he had applied under Dying in Harness Rules to be appointed on any suitable post as the petitioner had lost his bread earner and the responsibility of the family had fallen upon his shoulder. The case of the petitioner was not considered and he preferred writ petition bearing No.5120 (S/S) of 2010. The Court directed the representation of the petitioner to be decided by the opposite parties. The Basic Shiksha Adhikari, Gonda has considered the case of the petitioner and passed the impugned order which is contained in Annexure No.1 to the writ petition. Although the petitioner was appointed on 5.9.1982 but on that date there was a ban on the appointment of Class-IV posts, hence the appointment of the petitioner was bad. He says that no question arises of appointment of the petitioner. Further, in the second paragraph the BSA says that the appo...
Lal Jee Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Sep-29-2010
1. The petitioner is serving as Asstt. Engineer in Public Works Department of the State. At the relevant time he was posted as Asstt. Engineer, Public Works Department, Jhansi. By this writ petition he has prayed for setting aside the orders dated 14.11.2008 passed by the Secretary, Public Works Department, Anubhag-13, Government of U.P. Lucknow, (the Disciplinary Authority) punishing him, after a departmental enquiry, with a censure entry and withholding 4 yearly increments temporarily for a period of 5 years. 2. We have heard Shri R.K.S. Chauhan, learned counsel for the petitioner. Learned Standing Counsel appears for the respondents. 3. On a surprise inspection made by the Minister of Public Works Department, Government of U.P. of the Lumbini-Dudhi State High Way No.5, in the presence of the Principal Secretary, Public Works Department; Chief Engineer, Level-1 (Works); Chief Engineer Public Works Department, Gorakhpur and Superintendent Engineer, Public Works Department, Basti Circl...
Dasa Management Vs. National Highway Authority of India and Others
Court: Allahabad
Decided on: Sep-29-2010
1. Heard Sri V.K.Singh, learned Senior Counsel appearing for the petitioner assisted by Sri S.Shekhar, learned counsel and Sri Shashi Nandan, learned Senior Counsel appearing for the respondents assisted by Sri Mohd. Ali and Sri R.K.Singh, learned counsel and have perused the averments made in the writ petition and annexures filed thereto. 2. The question posed before us is to consider the right of the petitioner to collect toll on highway on behalf of respondent no.1 after the expiry of the term of contract with the petitioner for the said purpose. 3. The facts, in brief, are that the petitioner was engaged by the National Highway Authority of India to collect toll on its behalf from the users of the NH-2 at Anant-Ram Toll Plaza, District Auraiya upon the terms and conditions mentioned in the deed of contract. The consideration of the contract was that the petitioner would be entitled to service charge at the rate of 14% per month of the total emoluments/wages payable by the Authority...
Jagdamba Prasad Singh Vs. State of Up and Others
Court: Allahabad
Decided on: Sep-29-2010
1. We have heard Shri S.K. Mishra appearing for the petitioner-appellant. Shri J.K. Tiwari, Standing Counsel appears for the State respondents. 2. The petitioner-appellant-a confirmed Amin holding a regular post was dismissed from service three years before he was to retire on the charges, that he had wrongly calculated interest of Rs. 37,823.71 payable towards compensation for acquisition of land under the Land Acquisition Act to its owner. His appeal was dismissed after this Court issued a writ of mandamus to decide the matter. By this Special Appeal he has challenged the order of learned Single Judge dated 30.9.2008, and the orders of his dismissal dated 28.6.2001, by the District Magistrate, Jaunpur and the appellate order dated 19.8.2002 by the Commissioner, Varanasi under the U.P. Government Servants (Punishment and Appeal)Rules, 1999. 3. Learned Single Judge dismissed the writ petition by a short order as follows: "Hon. Rajiv Sharma, J. Heard learned counsel for the petitioner a...
Radhey Shyam Vs. Additional Commissioner and Others.
Court: Allahabad
Decided on: Sep-29-2010
1. Heard Sri H.P. Mishra, learned counsel for the petitioner and Sri M.N. Singh, learned counsel for the respondent no. 3. 2. The petitioner had filed a restoration application in a suit filed under Section 229B of the U.P.Z.A. & L.R. Act by the respondent nos. 3 to 5, alleging that it was ex-parte and, therefore, the same should be restored and the matter should be decided on merits. The restoration application was rejected and the revision filed against the same has been dismissed, against which the petitioner has approached this Court for setting aside the said orders on the ground that the orders impugned are erroneous in law. 3. The suit was filed under Section 229B of the U.P.Z.A. & L.R., 1950 Act by Shyam Narayan-respondent no. 3 arraying his grand-father Ram Niranjan as a defendant. The following pedigree would be relevant to understand the said controversy: Ram Niranjan Ram Kripal Sant Bux Radhey Shyam Shyam Narain Ram Kumar 4. It is alleged that in the suit an order w...
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