Allahabad Court September 2010 Judgments
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Urmila Devi Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-23-2010
1. The petitioner is the widow of late Sri Ved Prakash who was a Lekhpal and died in harness on 16th December 1996. The petitioner was offered appointment on compassionate basis on the strength of her certificate from Hindi Sahitya Sammelan which the petitioner claims equivalent to the Intermediate examinations conducted by the Board of High School and Intermediate, Uttar Pradesh. The petitioner was accordingly appointed as a Class III employee keeping in view the aforesaid qualification. 2. The petitioner however did not make any efforts to learn typing and subsequently the petitioner was put to notice that her services would be terminated in case she does not improve upon herself. The petitioner has been now found ineligible to continue on the said post, vide order dated 25th September 2008 on the ground that her qualification at the time of her initial appointment was not Intermediate, inasmuch as the certificate from the Hindi Sahitya Sammelan obtained by her was not an equivalent ...
Ram Sewak and Others Vs. State of U.P. and Others.
Court: Allahabad
Decided on: Sep-23-2010
1. By means of instant writ petition petitioners have prayed for a writ of certiorari quashing the order dated 27.6.2008 and the letters/orders issued by the Vigilance Establishment Department in pursuance thereof dated 8.8.2008 19,9,2008, 20.8.2008 and 22.8.2008 copy of which has been annexed as Annexure-1,2,5,6,7,8,9 and 10 to the writ petition. 2. The case of the petitioner in nut shell is that the petitioner no.1 was at the relevant time Chairman of the Public Service Commission since 17th May, 2004 and petitioner no.2 is a member of the Public Service Commission so are petitioner nos. 3 and 4. On 27th June, 2008 the State Government passed an order initiating an inquiry against the functioning of the Commission and vigilance was to hold an open inquiry. The petitioners challenged the order, copy of which was not given to them, and they came to know about the vigilance inquiry through a letter of the S.P. Vigilance dated 20th August, 2008. The petitioners challenged the order of th...
Natthu Yadav Vs. State of U.P.
Court: Allahabad
Decided on: Sep-23-2010
1. Appellant Natthu Yadav, has been convicted for offence under Sections 364 A I.P.C., with implanted sentence of life imprisonment and a fine of Rs. 5,000/- by Special Judge (DAA)/ Additional Sessions Judge, Court no. 3, Banda vide his impugned judgment and order dated 24.5.2006 passed in Special Trial No. 163A of 1994, State versus Natthu Yadav with further direction that in default of payment of fine he shall undergo one year further imprisonment, which conviction and sentence has been challenged in this appeal by the appellant. 2. In an abridged form, prosecution allegations against the appellant, as are contained in the written report Ext. Ka-1 are that on 1.6.1994, the First Informant was returning back to his house from Kishanpur market, sailing his big boat accompanied with Kallu Kevat, Sukkha Kevat, Shiv Baran Kevat, Ram Sajeevan Vishvakarma, Parshadi Tiwari, Bacchu Lal Kevat, Bhanu Pratap Shukla, R/o Jagau Tola and others. As soon as his boat reached in the middle of Yamuna r...
Gyan Dutt Vs. State of U.P. Thru Its Secy. Forest Deptt. and ors.
Court: Allahabad
Decided on: Sep-23-2010
1. We have heard Shri Santosh Yadav, learned counsel for the appellant. Shri J.K. Tiwari, learned Standing Counsel appears for the respondents. 2. This special appeal filed by the petitioner against the judgment dated 29.1.2004 in Writ Petition No.6553 of 1995, Gyan Dutt v. State of U.P. & Ors. is confined to the relief for grant of back wages denied to him by the learned Single Judge after setting aside the notice dated 2.2.1994, issued by the Divisional Director, Social Forestry Division, Azamgarh, and the order dated 24.12.1994, terminating petitioner's temporary services under the U.P. Temporary Government Servant (Termination of Service) Rules, 1975, on the ground that his services were no longer required. 3. It is submitted that the learned Single Judge has not given any reason except in stating in the operative portion of the judgment that the petitioner shall not be paid salary for the period he has not worked. Other benefits including continuity in service for the purposes...
Dharmendra Vs. State of U.P.
Court: Allahabad
Decided on: Sep-23-2010
1. This criminal appeal has been filed by appellant Dharmendra against the judgment and order dated 7.11.2006 passed by Addl. Sessions Judge, Court No. 2, Aligarh in S.T. No. 596 of 2004, whereby the appellant was convicted under Section 376 IPC and Section 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short SC/ST Act) under Section 376 IPC, the appellant was sentenced to undergo R.I. for 12 years alongwith the fine of Rs. 5000/- , in default to further undergo R.I. for 5 months ; and under Section 3 (2) (v) of the SC/ST Act to undergo imprisonment for life alongiwth the fine of Rs. 5000/-, in default to undergo further R.I. for 5 months. Both the sentences were directed to run concurrently. 2. Alongwith the appellant Dharmendra, the co-accused Lalit Kumar was also convicted under Section 376/114, 506 IPC and 3(1) (12) of the SC/ST Act. He was declared a juvenile and his case was thereafter referred to Juvenile Judge, Mathura for furthe...
Committee of Management, Shri Ram Janki Inter College, Sarokhanpur Bad ...
Court: Allahabad
Decided on: Sep-23-2010
1. This writ petition has been filed for quashing the order dated 30.8.2010 passed by Joint Director of Education, Varanasi Region, Varanasi (Annexure 12 to writ petition). Further a writ in the nature of mandamus commanding respondents not to interfere in the functioning of petitioners as Committee of Management of Sri Ram Janki Inter College Sarokhanpur Badlapur, district Jaunpur. 2. Sri Ram Janki Inter College, Sarokhanpur, Badlapur is a recognised and aided educational institution governed under the provisions of U.P. Intermediate Education Act 1921 and U.P. Act No.24 of 1971. The institution is run by temporary approved Scheme of Administration framed under the Act. Same has been approved by Deputy Director of Education on 8.12.1962. Subsequently, after enforcement of U.P. Act No.1 of 1981, amendments were directed under the order of the Deputy Director of Education, Varanasi Region, Varanasi vide letter dated 25th January,1985. A copy of same has been annexed as Annexure 2 to wri...
Ram Sahodar Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-23-2010
1. Heard. 2. This petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') has been filed by the petitioner before this Court to invoke its inherent power with the following prayers: "It is most respectfully prayed that this Hon'ble Court may kindly be pleased to: (I) Issue a writ, order or direction to set aside the impugned order dated 13.01.2010 passed by the Opposite Party No. 1 and Order dated 22.6.2009 passed by the Opposite Party No. 2/ for the investigation of F.I.R. pertaining its case Crime No. 153A/2002 U/S 147/148/302/120B/342 IPC U/S 25/35 of Arms Act and 3 (2) (5) of SC/ST Act lodged at Police Station Khairabad, District Sitapur as well a order 01.4.2010 passed by the Chief Judicial Magistrate, Sitapur which are contained as Annexure 1, 2, 3 to this petition. (II) Issue a order or direction to the opposite parties not to stay the execution/implementations of the orders dated 13.01.2010 passed by the opposite party no. 1 and orde...
Shah Alam and ors. Vs. State of Uttar Pradesh (U.P.) and anr.
Court: Allahabad
Decided on: Sep-22-2010
1. Learned counsel for the petitioners has very frankly conceded that the concerned matter is not beyond the territorial jurisdiction of the court concerned. Therefore, the charge-sheet filed in the court concerned is maintainable. 2. The petitioners (Shah Alam, Bhoore Khan, Smt. Sanjida, Saddam, Nasreen, Asmeen, Shahnaz and Shah Nawaj) have filed this petition under section 482 of the Code of Criminal Procedure for quashing the proceedings of Complaint Case. No. 425 of 2010, under Section 498-A, 323, 506 I.P.C. and 3/4 D.P. Act, Police Station Hapur Nagar, district Ghaziabad, pending in the court of C.J.M. Hapur, Ghaziabad. 3. The dispute is between the husband and wife. Considering the circumstance that relationship between husband and wife may not further undergo any bitterness, the matter may be considered for settlement by process of mediation. 4. The counsel for the petitioners states that the petitioners are ready for settling the dispute by mediation and are willing to deposit ...
Sardar Navpreet Singh and ors. Vs.
Court: Allahabad
Decided on: Sep-22-2010
1. Learned counsel for the applicant submitted that the matter was referred to the High Court Mediation Centre by a Division Bench of this Court vide its order dated 17.02.2010, in Crl. Misc. Writ Petition No. 2655 of 2010, but the mediation has yet not concluded and the writ petition, after submission of the charge-sheet, has become in fructuous. It is being again pressed for referring the matter to the Mediation Centre. 2. The petitioners (Sardar Navpreet Singh, Smt. Acharaj Kaur, Sasrdar Amarjeet Singh, Parmindar Singh @ Rikki, Daljeet Singh @ Sanni & Smt. Jasvindar Kaur @ Bholi) have filed this petition under section 482 of the Code of Criminal Procedure for quashing the proceedings of Case No. 7044 of 2010 (State vs. Sardar Navpreet Singh & others) under sections 498-A, 323, 324, 504 and 506 IPC and 3/4 of the Dowry Prohibition Act, police station Chakeri, District Kanpur Nagr, pending in the court of Chief Metorpolitan Magistrate Kanpur Nagar. 3. The dispute is between the husban...
Jagdish Kumar @ Chhote Lal. Vs. State of U.P.and anr.
Court: Allahabad
Decided on: Sep-22-2010
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...
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