Allahabad Court November 2011 Judgments

Bhagwan Sharma Vs. State of U.P. and Others

Court: Allahabad

Ashok Bhushan, J. This writ petition has been filed by the petitioner, a Member of Uttar Pradesh Legislative Assembly praying for writ of certiorari quashing the order dated 13/10/2011, passed by the Speaker, U.P. Vidhan Sabha declaring the petitioner to be disqualified under the Tench Schedule of the Constitution of India. We have heard Shri Ravi Kiran Jain, learned Senior Advocate assisted by Shri R.K. Awasthi and Abhishek Tripathi for the petitioner and Shri S.G. Hasnain, learned Additional Advocate General appearing for the respondent no.2. Before we proceed to consider the respective submission raised by the learned counsel for the petitioner, facts in brief giving rise to this writ petition need to be noted. The petitioner, being a sponsored candidate of Bahujan Samaj Party from Dibai Assembly Constituency, District Bulandshahar was elected as Member of U.P. Legislative Assembly in the year 2007. On 06/8/2011, petitioner voluntarily left the Bahujan Samaj Party and joined the Sam...

Pradeep JaIn (Aditya) Vs. Hari Shanker Jijauriya and Another

Court: Allahabad

This intra court appeal under the Rules of the Court has been preferred against the order dated 10.10.2011 passed by the learned Single Judge, rejecting Civil Misc. Amendment Application No.229033 of 2011 filed by respondent no.1 – appellant, seeking amendment in the written statement filed in an Election Petition No.2 of 2009. Respondent no.1, herein, challenged the election of the appellant as Member of Parliament from 46th Jhansi Parliamentary Constituency, by filing Election Petition No.2 of 2009 on various grounds. In response to the notice, appellant put in appearance and filed written statement. After issues were framed, an application was moved by the appellant, seeking amendment in the written statement. Learned Single Judge vide order under appeal finding that the facts which were sought to be added in the written statement by way of amendment, were already covered by issues framed in the election petition and were basically in the nature of evidence which could be addu...

Abrar Ahmad and Another Vs. State of U.P.

Court: Allahabad

Vinod Prasad, J. A set of appellants Abrar Ahmad and Ram Pal @ Baboo have approached this Court in its appellate jurisdiction being aggrieved by their conviction under Section 395 I.P.C. and impose sentence of five years R.I. imposed by XIII-th Additional Session's Judge, Kanpur vide impugned judgment and order dated 22.4.92 recorded in S.T. No.235/M of 1981, State Versus Satya Narain Singh and others, relating to P.S. Bidhnoo, District Kanpur. Briefly narrated prosecution version against the appellants, as was scribed in written report Ext. Ka-1 by Babu Ram, was that in the night of 2/3 January 1981, in between 11.30 to 12.00 mid night, five named accused along with 7/8 other miscreants raided house of the informant Babu Ram, Mauji Lal, Siya Ram and Mohan Lal in village Beni Purwa Hamlet of Pipergaon, P.S. Bidhnoo and committed dacoity in these houses armed with deadly and blunt weapons. During course of the dacoity, four persons Siya Ram, Savitri, Babu Ram and Mohan Lal had sustained...

Km. Shivika Garg Vs. Yash Garg Major

Court: Allahabad

Heard Sri Rajesh Srivastava, learned counsel for the appellant. The father of the appellant Km. Shivika Garg and respondent Yash Garg applied under Section 8(2) of the Hindu Minority and Guardianship Act, 1956 to the District Judge for permission to mortgage property Aaraji No.1039 Chandari, Municipal No.18-C-2 Pokharpur for the purposes of obtaining loan for establishing a factory as both the aforesaid persons were minor at the relevant time. The application on consideration has been rejected by the Additional District Judge vide order dated 10.6.2010. The court below in rejecting the application has returned a clear finding that the aforesaid property which is sought to be mortgaged is not the property of the minors but is the property of the H.U.F. The provisions of Section 8 of the Act are not applicable to juristic person such as H.U.F. The aforesaid Act is applicable to persons as enumerated in Section 3 of the Act, which does not cover a juristic person such as HUF. A reading of...

M/S. Acurite Contractors and Engineers Vs. Allahabad Agricultural Inst ...

Court: Allahabad

Reported in: 2012AIR(NOC)113

The applicant M/S Acurite Contractors and Engineers, a firm engaged in civil contracts and consultancy work has filed this application for appointment of arbitrator. The above application has been field on the allegations that the applicant was awarded various contracts by the respondents namely Allahabad Agricultural Institute (in short 'institute') for construction as per the rates prescribed and even for consultancy work. However, some dispute arose with regard to amount admissible to the applicant under the said contracts. The said dispute was resolved and a memorandum of understanding (in short 'MOU') was arrived at between the parties on 19.12.2006 wherein the balance amount admissible to the applicant was decided to be paid by the institute in three instalments by particular dates. However, the institute defaulted and failed to abide by the aforesaid MOU. Aggrieved, the applicant initially filed a suit in the Delhi High Court but the same was got dismissed as withdrawn on 29.4.2...

Dr. Mohd. Javed Khan and Another Vs. State of U.P. and Others

Court: Allahabad

Heard learned counsel for the petitioners and the learned A.G.A for the State. This writ petition has been filed for quashing of an FIR dated 2.10.2011 registered at case crime No. 3440 of 2011, under sections 269, 308, 328 and 418 IPC, P.S. Baradari, district Bareilly. Briefly allegations in the FIR were that the informant Smt. Sabiha Hamid had gone to the Nursing Home run by the petitioners for the purpose of her delivery. On 4.11.2011, the informant was discharged but she started complaining of great pain and thereafter the petitioners prescribed some medicines but she was again hospitalized between 16.2.2011 and 23.2.2011. Later on, she was refered to another Centre, where it was discovered that the petitioners had left a cotton bundle in her stomach at the time of operation as a result of which the anus pipe had putrefied which she needs to get operated at S.G.P.G.I. Lucknow. Learned counsel for the petitioners placing reliance on Jacob Mathew Vs. State of Punjab and another; AIR ...