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Allahabad Court September 2010 Judgments

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Sep 22 2010

Bankey Lal and ors. Vs. State of Uttar Pradesh (U.P.) and anr.

Court: Allahabad

Decided on: Sep-22-2010

1. Heard learned counsel for the applicants and learned A.G.A.The dispute seems to be between husband and wife. Having gone through the record, I prima facie find that the parties should be given a chance to settle their differences on their own terms through the process of mediation and conciliation.2. Let this order be placed before the Registrar/Incharge of 'Allahabad High Court Mediation and Conciliation Centre'. The Registrar/Incharge of the Mediation Centre will issue notices to both the parties fixing a date for their personal appearances at the centre before the mediator nominated by the Organizing Secretary of the Mediation Centre. 3. Mediator/Conciliator is allowed three month's time to find a possible solution of disputes between the parties. The case will be listed before the appropriate Bench in 2nd week of January, 2011 along with the report of conciliator. 4. The applicants are directed to deposit Rs. 10,000/- at the Mediation Centre within three weeks for the expenses t...


Sep 22 2010

Pawan Kumar Yadav Vs. State of U.P. and ors.

Court: Allahabad

Decided on: Sep-22-2010

1. In Pawan Kumar Yadav V. State of U.P. & Ors. the Court noticed judgements of this Court taking divergent views in the matter of recruitment of dependants of government servants, dying in harness, where the deceased employees were either daily wagers or workcharge employees, who were not regularly appointed, and referred the following questions for decision of larger bench:- "1. Whether a daily wager and work charge employee, employed in connection with the affairs of Uttar Pradesh, who is not holding any post whether substantive or temporary is a 'Government Servant' within the meaning of Rule 2 (a) of U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974? 2. Whether the judgement in Smt. Pushpa Lata Dixit v. Madhyamik Shiksha Parishad and others, 1991 (18) ALR 591; Smt. Maya Devi v. State of U.P. (Writ Petition No.24231 of 1998 decided on 2.3.1998); State of U.P. v. Maya Devi (Special Appeal No.409 of 1998); Santosh Kumar Misra v. State of U.P. &...


Sep 22 2010

State of U.P. Vs. Abdul Samad and Others.

Court: Allahabad

Decided on: Sep-22-2010

1. Heard Sri V.C. Tiwari Senior Advocate and Sri Satish Trivedi Senior Advocate, assisted by Sri A.K. Awasthi Advocate on behalf of complainant and learned A.G.A. on behalf of the State and Sri G.S. Chaturvedi Senior Advocate assisted by Sri Raunak Chaturvedi Advocate on behalf of accused opposite party. 2. The instant government appeal arises out of a judgment and order of acquittal dated 24.3.1987 passed by the Sessions Judge, Azamgarh in S.T. No. 84 of 1984. 3. The case of the prosecution is that the accused Abul Waish armed with gun, Abul Khair, Shamsher Ahmad and Abu Sahmo armed with country made pistols along with accused Abdul Samad constituting an unlawful assembly on 18.12.1983 at about 10.30 A.M. in village Shekhupur within police station Jeanpur, District Azamgarh sharing a common object committed murder of Shabbir Ahmad. Abdul Samad is alleged to have committed offence punishable under Section 147 I.P.C. The rest of the accused committed an offence under Section 148 I.P.C. ...


Sep 22 2010

Manoj Prasad Singh Vs. State of U.P.

Court: Allahabad

Decided on: Sep-22-2010

1. Heard Mr. Ravindra Nath Rai, for the revisionist and the learned AGA for the respondent no.1 and perused the record. 2. The respondents have not filed any objection or counter affidavit despite adequate opportunity. 3. With the consent of the learned counsel for the revisionist and the learned AGA, the revision is being finally disposed of. 4. This is a revision against the order dated 16.6.2010 passed by the Vth Additional Chief Judicial Magistrate, Varanasi in the case crime no. 189 of 2010, under sections 18/27 of Drugs and Cosmetics Act,1940, Rule 122-O of the Rules made under the said Act and sections 269, 420, 467, 468 and 120-B IPC, police station Lanka, district Varanasi, whereby the learned Additional Chief Judicial Magistrate refused to release the Jaimeet Charitable Blood Bank sealed by the police. It appears that M/s Jaimet Charitable Blood Bank, Laxmi Bhawan, Suswahi, police station Lanka, district Varanasi is run by M/s Jaimeet Swasthya Sewa Sansthan, a society registe...


Sep 22 2010

Km. Sonam Sharma Vs. Bank of Baroda and Others.

Court: Allahabad

Decided on: Sep-22-2010

1. Heard Sri M.D. Singh Shekhar, learned Senior Counsel for the petitioner and Sri Kartikeya Saran holding brief of Sri Vipin Sinha, learned counsel for the respondent nos. 1 to 4. None appears on behalf of the respondent no. 5. 2. The case of the petitioner is that her father died on 29th June, 2004 while working in the respondent-Bank in harness. Consequent thereto, the petitioner's mother applied for compassionate appointment, which claim was rejected on 6th April, 2005 on account of her advanced age. The petitioner moved an application for compassionate appointment on 31st May, 2005. The respondents have refused to accept the request of compassionate appointment and have alternatively offered a financial sanction of Rs. 6,00,000/- (Six lacs) as ex-gratia payment described as financial relief to the family. 3. Sri M.D. Singh Shekhar, learned Senior Counsel for the petitioner submits that in view of the scheme, which was prevalent at the time of death of the petitioner's father, the ...


Sep 22 2010

Ram Kripal and Others Vs. State

Court: Allahabad

Decided on: Sep-22-2010

1. These two appeals arise out of a common judgment dated 7.3.1989 passed by the Additional Sessions Judge, Fatehpur in Sessions Trial No. 7 of 1988. Criminal Appeal No. 570 of 1989 is preferred by accused Ram Kripal, Rajendra, Surendra, Sheo Bhushan and Man Singh and Criminal Appeal No. 568 of 1989 by accused Ram Autar, Devi Shankar and Lakhan. One accused namely Omkar alias Buddhi died during trial and case stood abated on 21.9.1988. 2. The incident is alleged to have taken place on 15.5.1985 at Thariaon Ashothar road near village Semra at 4.30 P.M. F.I.R. was lodged on 15.5.1985 at 6.30 P.M. at Police Station Asothar by PW-1 Deshraj, real brother of deceased Ramraj. Two persons namely Sheo Pyare and Ramraj have died in the incident. Ram Autar, Lakhan and Surendra are alleged to be armed with DBBL gun. Devi Shankar and Rajendra are alleged to be armed with hand grenades and rest of the accused Ram Kripal, Sheo Bhushan, Man Singh and Omkar alias Buddhi, who died during continuation of...


Sep 22 2010

Radhey Shyam Tripathi Vs. State of U.P. and Others.

Court: Allahabad

Decided on: Sep-22-2010

1. Heard learned counsel for the petitioner Sri P.N. Pandey, learned Standing Counsel for the respondents no. 1 and 2, Sri P.S. Shukla for the respondent no. 4 and Sri R.K. Ojha has been heard for the contesting respondent no. 5. 2. The writ petition questions the legality of the selections and promotion of the respondent no. 5 as an Assistant Clerk in Sri Desh Raj Narang Dayanand Inter College, Govind Nagar, Walterganj District Basti which is an institution governed by the U.P. Intermediate Education Act 1921 and the regulations framed thereunder. 3. The petitioner contends that he was appointed as a Daftari which is also a Class IV post on 29.11.1996 and the so was the respondent no. 5 as a Class IV employee on the same date. The date of birth of the petitioner is 1st July 1975 whereas the date of birth of the respondent no. 5 is 10th January 1977. It may be stated at the outset that the aforesaid facts upon a perusal of the pleadings to that extent are undisputed. 4. In the institut...


Sep 22 2010

Pratap Narayan Vs. the State of U.P

Court: Allahabad

Decided on: Sep-22-2010

1. Heard learned counsel for the petitioner and learned Additional Government Advocate for the State as well as perused the documents available on record. 2. This petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') has been filed by the complainant against the order dated 01.9.2010 passed by the learned Additional Sessions Judge, Court No. 4, Hardoi in Sessions Trial No. 625/09 (State v. Mahendra Veer Vikram Singh & Others) arising out of case Crime No. 679/08, under Sections 498-A/304-B IPC & Dowry Prohibition Act, Police Station Mallava, District Hardoi by which the learned Additional Sessions Judge has rejected the application moved by the prosecution under Section 319 of the Code to summon the accused namely Dharmendra Veer Vikram Singh, his wife Smt. Baby and Vivek Kumar Singh. 3. The facts giving rise to the present petition may briefly stated as under: 4. On the written report of petitioner, police of P.S. Mallava, Disttri...


Sep 22 2010

Khwaja Bux Vs. Nazar Ali and Another

Court: Allahabad

Decided on: Sep-22-2010

1. List has been revised. No one has appeared on behalf of the respondents. Heard learned counsel for the petitioner and perused the record. 2. A release application under Section 21(1) (a) of U.P. Act No. 13 of 1972 was filed by the petitioner landlord which was registered as U.P.U.B. Case No. 35 of 1988 with the allegation that the petitioner is owner and landlord of Building No. 12/95, Chowk Bundu Khan, Aligarh. A portion of the said building consisting of a room, a dalan and a Sahan is in tenancy of respondent on rent of Rs.15/- per month. The remaining portion was in occupation of other tenants namely Fazul Rahman and Zafruddin. The family of the petitioner-landlord comprises of himself, his wife, 4 sons and 5 daughters. The eldest son Alimuddin was married when the release application was filed and his family comprises of his wife, a son and a daughter. Thus, there were in all 15 members in the family of the landlord. They were living in House No. 9/15, Tantan Para, Aligarh which...


Sep 22 2010

State of U.P. Vs. Pratap and Others.

Court: Allahabad

Decided on: Sep-22-2010

1. The instant government appeal arises from the judgment of acquittal dated 19.3.1982 passed by the Ist Additional District and Session Judge, Banda in Session Trial No. 335 of 1980. 2. Seven accused namely Pratap, Harpal, Pulla alias Ram Swarup, Sheo Gopal, Rameshwar, Jaipal and Gatti were charged for the offences under Sections 302, 149 I.P.C. for having murdered Arjun Singh, Abhilakh Singh and Layak Singh all sons of Baij Nath Singh. Accused Pratap, Jaipal, Gatti, Pulla alias Ram Swarup and Rameshwar were given a clear acquittal holding not guilty and accused Sheo Gopal and Harpal Singh were given benefit of doubt and thereby acquitted. This government appeal was preferred and at the time of admission, leave was refused in respect of accused Pratap, Jaipal and Gatti vide order dated 21.6.1982 and remaining four accused Harpal Singh, Sheo Gopal, Pulla alias Ram Swarup and Rameshwar were issued notices. They got themselves bailed out and were arrayed as four opposite party in the ins...


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