Allahabad Court September 2010 Judgments
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Ram Prakash Agrawal (Dead) and Others Vs. Rishi Kumar
Court: Allahabad
Decided on: Sep-07-2010
1. This second appeal has been preferred on behalf of the defendant deceased Ram Prakash Agrawal though his heirs and legal representatives after having lost in both the courts below. 2. The plaintiff Rishi Kumar instituted Original Suit No. 34 of 1985 for possession of the disputed plot of land situate in Etah, arrears of rent, damages and prohibitory injunction restraining the defendant from encroaching his adjoining land by dumping coal on it. The suit was filed on the allegation that the defendant is a tenant of the plot @ of Rs.105/- per month but he has started encroaching upon his adjoining land also by dumping coal. Accordingly, his tenancy was determined vide registered notice dated 23.8.1984. On his failure to vacate the land within the time provided in the notice, the cause of action for filing the suit had arisen. 3. The suit was contested by the defendant by filing his written statement and an additional written statement wherein the main defence was that the suit relates ...
Chaman Singh Vs. State of Up and Others
Court: Allahabad
Decided on: Sep-07-2010
1. Heard Shri Ashok Khare, Senior Advocate assisted by Shri Syed Fahim Ahmad appearing for the petitioner. Learned Standing Counsel represents State respondents. 2. The petitioner was selected by the U.P. Higher Education Service Commission for the post of Principal of Degree College, in pursuance to the advertisement No.36/PGM/477. He was placed at serial No. 58 in the select list, and was allotted 'Digamber Jain P.G. College Debai, Bulandshahr'. 3. Prior to his selection, the petitioner was teaching in the Department of Agricultural/Chemistry in Gocher Mahavidyalaya, Rampur Maniharan, District Saharanpur, for last 25 years. He made a representation to the Director of Education (Higher Education), U.P., on 9.1.2009 stating that he had not applied for the Digamber Jain College Debai, Bulandshahr, which is an undergraduate College. His placement is not in accordance with the advertisement for the post of Principal of Post Graduate College and that he should be placed in an appropriate c...
Ramanuj Vs. Board of Revenue and ors.
Court: Allahabad
Decided on: Sep-07-2010
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State respondents and Shri S.K. Yadav holding brief of Shri Anuj Kumar for respondent no. 4 Gaon Sabha. 2. With the consent of the learned counsel for the parties, the writ petition is being disposed of without calling for a counter affidavit. 3. Undisputed facts relevant for the purposes of the case are that the petitioner filed suit under Section 229B of the U.P. Zamindari Abolition And Land Reforms Act (for short the Act) seeking declaration of his rights in the disputed land which was dismissed by the trial court. The petitioner went up in appeal. Vide judgment and decree dated 17.02.2010, lower appellate court decreed the suit. Subsequently, respondent nos. 3 and 4 moved an application under Order XLVII Rule 1 C.P.C., which was allowed vide order dated 16.04.2010 by the appellate court without any notice or opportunity to the petitioner and the judgment and decree dated 17.02.2010 was recalled and the ap...
Dr. Neeraj Shukla and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-07-2010
1. We have heard Shri G.K. Singh, learned counsel for the petitioners. Shri Pankaj Saxena, learned Standing Counsel appears for the respondents. 2. All the five petitioners are Bachelors in Ayurvedic Medicine and Surgery. They do not belong to any reserved category. All of them are working as Medical Officers (Ayurvedic/ Unani) Community Health on contract basis since April, 2005. By this writ petition they have prayed for quashing the Advertisement No.4/2009-10 issued by the U.P. Public Service Commission, Allahabad published in 'Dainik Jagran' on 2nd October, 2009, inviting application for selections on 137 posts of Medical Officers, Community Health (Ayurvedic/ Unani). Dr. Neeraj Kumar Shukla is co-petitioner with Dr. Vivek Kumar Singh in Writ Petition No.1694 (S/B) of 2008 in which an interim order was made on 24.11.2008, permitting them to work on contract basis until regular selections. This fact has been placed before the Court by the Standing Counsel and is stated in paras 13 a...
Balistar Singh and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-07-2010
1. Heard learned counsel for the petitioners and the learned A.G.A. for the State. 2. his petition has been filed for quashing of an F.I.R. lodged by Sri Mahaveer Singh, respondent No. 3 at Case Crime No. 3020 of 2010, under sections 420/467/468/471/472/409/166/168/506 I.P.C., P.S. Kotwali, district Farrukhabad and staying the arrest of the petitioners in the meanwhile. 3. The allegations in the F.I.R.were that the petitioners and others had forged and used the order of the Consolidation Officer (C.O.) dated 3.1.2002 under section 20 of the Consolidation of Holdings Act, hereinafter C.H. Act, which was forged in order to grab the lands of Forest Department as well as that of the respondent No. 3. 4. Four submissions were raised by learned counsel for the petitioners. 5. One, it was submitted by the learned counsel for the petitioners that in the appeal filed by the informant on 12.2.2009 against the order dated 3.1.2002, there was not a whisper that the C.O.'s order dated 3.1.2002 was ...
Dhanveer and Others Vs. State of U.P. and Another
Court: Allahabad
Decided on: Sep-07-2010
1. Heard learned counsel for the applicants and learned A. G. A. and perused the record. 2. This application under Section 482 Cr. P. C. has been filed by Dhanveer and three others with a prayer for quashing the charge-sheet dated 12.1.2000 (Annexure 6) submitted in N. C. R. No. 311 of 2009 under Sections 323, 504 and 506 I. P. C. and the entire proceedings of Case No. 1113 of 2010; State Versus Dhanveer and others registered against the applicants pursuant to the submission of the aforementioned charge-sheet as well as the summoning order dated 7.5.2010 (Annexure 7) passed by the Judicial Magistrate, Court No. 1, Aligarh. 3. Learned counsel for the applicants submitted that the opposite party no. 2 filed a non-cognizable report on 3.12.2009 at P. S.-Iglas, District-Aligarh against the applicants on the basis of which N. C. R. No. 311 of 2009 under Sections-323, 504 and 506 I. P. C. was registered. The opposite party no. 2 moved an application before the Judicial Magistrate-I, under Se...
Alok Kumar Gupta and ors Vs State of U.P and anr.
Court: Allahabad
Decided on: Sep-06-2010
1. Heard learned counsel for the applicants and learned A.G.A. for the State. It is contended that the opposite party No.2 has also initiated proceedings under Section 498-A and 3/4 Dowry Prohibition Act, which was challenged by the applicants by way of filing Criminal Application No.11865 of 2010 and this Court vide order dated 29.04.2010 referred the matter to the Mediation Centre.2. It is contended that now proceedings under section 12 of the Domestic Violence Act in case No.310 of 2010 Smt. Kirti Gupta Versus Alok Kumar Gupta and others has been initiated by the opposite party no.2, which is pending before the learned Judicial Magistrate Jalaun, at Urai. It is submitted on behalf of the applicants that the matter may be referred to Mediation Centre along with Criminal Application No.11865 of 2010 accordingly.3. It is submitted by learned counsel for the applicants that the present matter relates to a matrimonial dispute between husband and wife and the said matter can be well consi...
Bilal Ahmad and anr. Vs. State of U.P.and anr.
Court: Allahabad
Decided on: Sep-06-2010
1. Heard learned counsel for the applicants and the learned A.G.A. The applicants, through the present application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this court with the prayer that the proceeding of Criminal Case No. 1371 of 2010 (State Versus Bilal Ahmad and another) arising out of case crime no.491 of 2010, under Sections 323, 504, I.P.C., P.S. Machli Shahar, district Jaunpur be quashed.2. The contention of the learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with malafide intentions for the purposes of harassment. He pointed out certain documents and statements in support of his contentions.3. From the perusal of material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relates to the disputed questions of fact, which cannot be adjudicated upo...
Kulwant Sing. Vs.State of Uttar Pradesh (U.P.) and anr.
Court: Allahabad
Decided on: Sep-06-2010
1. Heard the learned counsel for the applicant and the learned A.G.A. for the respondent no. 1 and perused the record. 2. With the consent of the learned counsel for the applicant and the learned A.G.A. this application is being finally disposed of at the stage of admission. 3. The learned counsel for the applicant submitted that the learned Additional Sessions Judge, Fast Track Court-Ist, Chitrakoot considered the application under section 319 Cr.P.C. and passed the order dated 3.6.2010 whereby refused to summon the additional accused, namely, the petitioner Balveer Pal on the basis of the statements of P.W. 1 Chunni Devi and P.W. 2 Asha Devi and required the prosecution to examine other witnesses. 4. It further appears that the learned Additional Sessions Judge thought it proper to dispose of the application under section 319 Cr.P.C. after examination of other witnesses, but on 27.7.2010, the same Additional Sessions Judge passed the summoning order on the basis of the statemen...
Km. Nirmala Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-06-2010
1. The appellant has come up against the judgment of the learned Single Judge dated 21.07.2010 dismissing the writ petition filed by the appellant in relation to her claim for continuance as an Assistant Teacher in a Primary School having obtained training of B.T.C. Course as a Scheduled Tribe candidate. 2. The facts as unfolded in the records demonstrates that the appellant applied for obtaining training in B.T.C. Course 2007 on the strength of a caste certificate to support her candidature under the Scheduled Tribe category. The said certificate is dated 17th September, 2007. The petitioner obtained admission and succeeded in the examinations, whereafter she was offered appointment as an Assistant Teacher by the Basic Education Officer. 3. Some complaints were received with regard to her caste certificate, whereupon a verification was made by the Principal, DIET from where the appellant had obtained her training in the B.T.C. Course 2007, passed an order on 08.10.2009 cancelling the ...
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