Allahabad Court October 2011 Judgments

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

Court: Allahabad

Ashok Bhushan, J. Large scale acquisition of agricultural and Abadi land of farmers of different villages of Greater Noida and Noida of District Gautam Buddha Nagar in the name of planned industrial development is the subject matter of challenge in these 471 writ petitions. These writ petitions have been placed before this Full Bench under orders of Hon'ble the Chief Justice dated 6.8.2011 on a reference made by a Division Bench in writ petition No. 37443 of 2011 and other connected matters. Writ petition No. 37443 of 2011 challenges the notifications dated 12.3.2008 issued under section 4 read with Sections 17(1) and 17(4) of Land Acquisition Act and  notification dated 30.6.2008 by which declaration was made for acquisition of 589.188 hectares land of village Patwari. Similar notifications under section 4 read with Sections 17(1), 17(4) and Section 6 of the Land Acquisition Act were issued with regard to different villages. Several writ petitions were filed challenging the land ...

M/S. Modern Rice Mill Vs. Mvvnl and Another

Court: Allahabad

1. Heard Sri B.C. Rai for the petitioner, Sri H.P. Dubey and Sri Praveen Kumar Srivastava, advocates for respondents 1 and 2 and Addl. Chief Standing Counsel Sri C.S. Singh for respondents no. 3 and 4. 2. As requested and agreed by learned counsel for parties, I proceed to hear this case and decide finally at this stage under the Rules of the Court. 3. The writ petition is directed against the order dated 22.11.2007 (Annexure 13 to the writ petition) whereby the Executive Engineer, Electricity Distribution Division-I, Madhyanchal Vidyut Vitran Nigam Ltd., Bareilly (hereinafter referred to as 'EE') has made final assessment order of Rs. 13,54,181/- and appellate order dated 10.6.2010 whereby the assessment has been modified to Rs. 4,81,976/- and consequential demand notice/bill issued by EE on 22.6.2010 raising a demand of Rs. 8,92,104/- i.e. the assessment as modified by the appellate authority and interest at the rate of 15 per cent to the tune of Rs. 4,10,128/- totaling to Rs. 8,92,1...

Smt. Sudesh Vs. State of U.P. and Others

Court: Allahabad

Reported in: 2012CrLJ1460

1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. This writ petition has been filed with a prayer to quash the order dated 11.3.2011 passed by Chief Judicial Magistrate, Bulandshahar in case no.356 of 2011 (Sudesh Vs. Dr. Vijendra Yadav) as well as order dated 30.6.2011 passed by Addl. Sessions Judge, Court No.9, Bulandshahar in criminal revision no.133 of 2011. 3. The complaint filed by the petitioner has been dismissed under section 203 Cr.P.C. Revision has also been dismissed. The complaint was filed against respondent no.4, a registered Medical Practitioner, alleging negligence in the treatment of the husband of the complainant. The complaint has been dismissed on the ground that no negligence on the part of the doctor has been proved. No opinion was sought by the complainant from any medical expert or from a panel of Government Doctors in support of her claim. 4. In Jacob Mathew Vs. State of Punjab and Another (2005) 6 Supreme Court Cases 1, Apex Cou...

Ajay Kumar Vs. State of U.P. and Another

Court: Allahabad

Rajes Kumar, J.The petitioner is claiming compassionate appointment on account of death of his father, who died on 29.9.2007 under the U.P. Recruitment of Dependents of Government Servants Dying in Harness, Rules, 1974 (hereinafter referred to as ("Dying in Harness, Rules, 1974"). The contention of the petitioner is that his father was employed as a daily wager on the post of Forest Guard in the year 1984 in Badaun. In pursuance of the order of the apex Court in the case of State of U.P. and others Vs. Putti Lal, reported in (2006) 9 SCC-337, he was getting minimum pay-scale of the pay-scale of the regular employee. On 24.5.2008, the petitioner's mother had requested respondent to extend the benefit of Dying in Harness Rules, 1974 to the petitioner, the son of the deceased, and also claimed pension. The Divisional Director Social Forestry Division, Badaun, District Badaun wrote a letter to the District Magistrate, Badaun dated 3.6.2008 stating therein that Late Sri Ram Pal was working ...

Purshottam Lal and Others Vs. State of U.P.

Court: Allahabad

Imtiyaz Murtaza, J. These appeals have been preferred assailing the judgement and order dated 7.1.2010 passed by Additional Sessions Judge, court no.1 in S.T. No.810 of 2006 whereby the court below recorded verdict of conviction against the appellants under Section 302/34 I.P.C. and each of them were sentenced to undergo imprisonment for life together with a fine of Rs.10,000/- with default stipulation to suffer further imprisonment for one year. The appellants have further been convicted under Section 201/34 I.P.C and sentenced to undergo imprisonment for two years R.I.. together with a fine of Rs.5,000/- with default stipulation to suffer further imprisonment for six months. Since all the above appeals stems from a common judgement rendered in ST No 810 of 2006, they were lumped together and heard as a composite case and the same are being decided by a common judgement. Filtering out unnecessary details, the prosecution case is that on 9.5.2005, a marriage function of the daughter of...

M/S. Mohit Paper Mills Ltd. and Another Pvvnl and Others

Court: Allahabad

1. Sri K.N. Tripathi, Senior Advocate and Sri B.C. Rai, Advocate, have argued on behalf of petitioners. Sri Shashi Nandan, Senior Advocate, assisted by Sri Pankaj Shukla, Advocate, have appeared and argued the matter on behalf of respondents no. 1 to 3. Learned Standing Counsel appearing for respondents 4 and 5 adopted the arguments of Sri Shashi Nandan, Senior Advocate and did not add anything. 2. Since pleadings are complete, as requested and agreed by learned counsel for parties, I proceed to decide under the Rules of the Court at this stage. 3. This writ petition involves certain intricate technical aspects relating to electricity supply, apparatus, particularly energy measuring digital meters, computerized data and print outs. On the request of Sri Shashi Nandan, Senior Advocate, two officials of respondent no. 3 were permitted to explain these technical aspects. They are, (1) Sri K.K. Singhal, Superintending Engineer, Circle Amroha; and (2) Sri Krishan Pal, Executive Engineer (Te...

Basdeo and Another Vs. State of U.P.

Court: Allahabad

Vinod Prasad, J. Two appellants, real sibling brothers, Basdeo and Chhotey Lal have questioned the sustainability of their conviction recorded by Vth Additional Sessions Judge, Agra, in S.T. No. 87/80, State Vs. Basdeo and another, by which both the appellants have been convicted u/s 363 IPC with implanted sentence of five years Rigorous Imprisonment and additionally appellant Basdeo has been further convicted u/s 376 IPC and sentenced to five years R.I., by the trial Judge. In short, prosecution allegations against the appellant as is contained in the written report Ex. Ka 1, coupled with chick FIR Ex. Ka 10 were that two appellants along with third accused Bare Lal enticed away and kidnapped a young damsel Chandrawati P.W. 4 aged about 13 or 14 years d/o informant Raghunandan P.W. 1 in the night of 5.5.1979 at 12 a.m. Victim was searched but remained untraced. Neighbours and villagers were also informed regarding aforesaid kidnapping. After a month on 6.6.1979, Veerpal, Ram Prakash, ...