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Allahabad Court February 2011 Judgments

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Feb 04 2011

SalimuddIn Vs. Dy. Director of Consolidation, Allahabad and Others

Court: Allahabad

Decided on: Feb-04-2011

1. Heard Sri Faujdar Rai for the petitioners and Sri Ram Nivas Singh for the contesting respondent. 2. Facts, giving rise to the dispute, are as under. 3. Revision filed by predecessor-in-interest of contesting respondent challenging the order passed by the Settlement Officer Consolidation in an appeal arising out of chak allotment proceedings was dismissed by the Joint Director of Consolidation on the ground of limitation as well as on merits by merely observing that he has no case and adjustment in the chak is proper. This order was challenged by this Court by filing Civil Misc. Writ petition No. 9844 of 1980. 4. This Court finding that the order passed by the Settlement Officer Consolidation is not available as the entire record got destroyed in fire in the record-room, in the ends of justice allowed the writ petition and remanded the case back to the Deputy Director of Consolidation to decide afresh in the light of respective claim and keeping in mind the mandate of Section 19 of t...


Feb 04 2011

Namo Narayan Upadhyaya and ors Vs. State of U.P.

Court: Allahabad

Decided on: Feb-04-2011

1. Both the above appeals have been preferred against the judgement and order dated 3.7.2003 passed by Special Judge/Addl. Sessions Judge Court No. 7 Ballia in S.T. No. 269 of 2001 whereby the appellants have been convicted under sections 147, 148, 323 I.P.C. read with 147, 324 read with 149 I.P.C. and sentenced to undergo imprisonment for one year each and under section 325 I.P.C. read with 149 I.P.C. and sentenced to suffer imprisonment for two years attended with fine of Rs. 200/- with default stipulation ie to suffer further simple imprisonment for one year each. The appellants have been further convicted under section 302/149 I.P.C and sentenced to undergo imprisonment for life attended with fine of Rs. 500/- and in default of payment of fine, to suffer simple imprisonment for one year. All the sentences were ordered to run concurrently. 2. The author of the FIR is one Dadan Ji Tiwari. The deceased is one Kalka Tiwari, father of the complainant. The occurrence took place in the di...


Feb 04 2011

Smt. Chhammee Devi Vs. State of U.P. and Others

Court: Allahabad

Decided on: Feb-04-2011

1. In this petition I passed an order on 12.10.2010 directing the revenue authorities of District Ghazipur to explain that why area was still being shown in bighas and biswas and not hectares. 2. The order dated 12.10.2010 is quoted below: "It is shocking that in Ghazipur even in 2008 area was denoted in bighas while for about last ten years in the entire State area is being denoted in hectares, the most standard unit for denoting the area of agricultural land. It appears that officers of Ghazipur are specifically interested in keeping the district backward. The thenCollector of the district and S.D.M., Zakhaniyan, district Ghazipur are required to immediately submit explanation regarding this blunder. It must also be indicated that now what unit is being used. Learned counsel for the petitioner states that petitioner was able to manipulate with the officers of the Tehsil and got fisheries lease for Rs.800/- per year for a pond area of which is 1.869 hectares. This is open and clear lo...


Feb 04 2011

Manoj Kumar Pandey Vs. State of U.P.

Court: Allahabad

Decided on: Feb-04-2011

1. The applicant is an employee of Rohilkhand University. 2. He is alleged to have committed an odious crime through an indecent exhibition of the victim's photograph that is not only contemptible but also dangerous to her reputation. He has also tried to blackmail her by putting her reputation to stake. It became so distressing for the victim that it exceeded all levels of ordinary tolerant human behaviour and therefore the victim decided to commit suicide. 3. This bail application has been moved contending primarily that no ingredient of abetting the offence of suicide is available so as to charge the applicant under Section 306 I.P.C. along with the other provisions and the applicant having been implicated falsely, he deserves to be bailed out. 4. The prosecution version discloses that the applicant is well versed in the technique of Computer operations and he was employed in the University where taking undue advantage of certain female students, the applicant took some photographs ...


Feb 04 2011

Ragini Yadav Vs.State of U.P. and Others

Court: Allahabad

Decided on: Feb-04-2011

1. Heard learned counsel for the petitioner and learned counsel for the University. 2. Looking to the peculiar nature of the case where the very authority of the Vice Chancellor was under challenge. This Court passed an order on 5th January, 2011, which is to the following effect: "This is a peculiar case where the petitioner contends that she had appeared in B.Ed. examinations and had been awarded 87 marks out of 100 in the question papers relating to Element of Educational Technology and Management. Similarly other answer books have been evaluated and the petitioner had obtained first division marks. Learned counsel for the petitioner submits that the Vice Chancellor has proceeded to get a random checking made and ordered for revaluation of certain answer books where marks have been awarded above 85%. Accordingly, the petitioner's answer book in relation to Element of Educational Technology and Management has been reevaluated and her marks have been reduced to 41. A counter affidavit...


Feb 04 2011

State of U.P. Vs. Resident Editor, Times of India 16, Rana Pratap Marg ...

Court: Allahabad

Decided on: Feb-04-2011

1. These proceedings for contempt of Court have been initiated by this Court suo motu on the basis of the news item,  published in the Times of India dated 18.8.2010 with the caption " AYODHYA, MEMORIES OF A DISPUTED LIFTTIME" to which the attention of the Court was invited by certain members of the Bar. 2. Brief facts leading to these proceedings for contempt of Court are that Ram Janma Bhoomi Babri Masjid Title Suit, being O. S. No.4 of 1989 was pending before this Court for adjudication wherein one Sri Mohd. Hashim Ansari was plaintiff No.7. Sri Mohd. Hashim Ansari was interviewed by Ms. Manjari Mishra, Reporter of Times News Network and was photographed by Sri Ajay Singh. The said interview was published in Times of India Edition no. 194 Vol. 28 dated 18.8.2010 by Sri Dhanush Vir Singh without editing. The said news item was selected by Sri Saurabh Banerjee Editor, who was responsible for selection of news under Press and Registration of Books Act, 1867 in the said newspaper. ...


Feb 04 2011

Sabbir Ahmad and Others. Vs. Additional District Judge and Others.

Court: Allahabad

Decided on: Feb-04-2011

1. Executability of the decree of permanent prohibitory injunction drawn on the basis of a judgment and order passed by the court in exercise of power under Order VIII Rule 10 CPC as against only one of the defendants to the suit merely for not filing written statement of his defence within time fixed and allowed though the other defendant had filed his defence, is the subject matter of adjudication in the present writ petition. Facts of the case:- 2. One Riazuddin had two sons, Nabiullaha and Habibullaha. Nabiullaha had a son Waliullaha and a daughter Khatoon Jannat Bibi. Habibullaha had one son Hamidullah. As Muslim law permits marriage between first cousins, Hamidullaha married Khatoon Jannat Bibi. Hamidullaha had a son Asadullaha who died on 15.7.1995 leaving behind his widow Smt. Jamil Kazami and two sons Shamiullaha Kazami and Faridullaha Kazami though it is said that he had one more son Fasiullaha Kazami. On the death of Hamidullaha it is said that his wife Khatoon Jannat Bibi r...


Feb 04 2011

Ms Md Overseas Limited Vs. Director General of Income Tax and Others

Court: Allahabad

Decided on: Feb-04-2011

1. The main question involved at this stage of the case is, if a search under section 132 of the Income Tax Act, 1961 (the IT Act) is challenged on the ground that information leading to reasons to believe for authorising search was irrelevant then how should this question be resolved? Should the court, Look into the records and decide it alone; or Disclose the information to the aggrieved person and then adjudicate upon it, after hearing the parties? THE FACTS 2. M/s MD Overseas Limited (the Petitioner) was incorporated as a private company under the Companies Act, 1956 (the Companies Act) on 5.12.1980. It was converted into public limited company on 16.5.1997. 3. The Petitioner carries on business of precious metals namely gold, silver, and platinum. It imports these metals and also purchases them in the domestic market. The metals are then processed and sold abroad as well as in the domestic market. 4. The registered office of the company is at New Delhi. It has 8 branches, situate ...


Feb 04 2011

Palakdhari Vs. Gaon Sabha Devara Tripurarpur, Azamgarh

Court: Allahabad

Decided on: Feb-04-2011

1. Heard Sri Rajesh Kumar, learned counsel for the defendant-appellant. 2. This is a second appeal under section 100 of the Code of Civil Procedure against the judgment and decree datd 30.10.2010 passed in Civil Appeal No.58 of 1999 by the Additional District Judge, Court No.1, Azamgarh whereby the appeal filed by Gaon Sabha Devara Tripurarpur has been allowed and judgment and decree of the trial court whereby the suit of Gaon Sabha was dismissed, has been set aside. 3. Learned counsel for the defendant-appellant has firstly submitted that when the land in question Gata No.459 area 1.509 hectare was declared as play ground of the institution known as Kisan Prathmik Vidyalay, the Gram Sabha could not file the suit against the institution for the reason that it was land belonging to the Gaon Sabha and the institution was encroaching upon it. The second submission made by learned counsel for the appellant is that the orders passed by the consolidation authorities have attained finality an...


Feb 04 2011

Padam Singh Vs. State of U.P. and Others

Court: Allahabad

Decided on: Feb-04-2011

1. This bunch of writ petitions has been filed practically for the purpose that Degree of Vyayam Ratna possessed by the petitioners as granted by Maharani Laxmi Bai Vyayam Mandir, Vyayam College, Jhansi be treated as a valid degree for admission to Special BTC Course, 2004. All the writ petitions are being decided by means of this common judgment. Writ Petition No. 21846 of 2005 has been treated as the leading case and the facts recorded hereunder are with reference thereto. 2. Facts in short giving rise to the present petition as as follows : 3. Petitioner before this Court is stated to have made an application in response to the advertisement published in 2004 for admission to Special BTC Course, 2004. Along with this application the petitioner enclosed a copy of the Vyayam Ratna certificate issued by the Maharani Laxmi Bai Vyayam Mandir, Vyayam College, Jhansi (copy whereof has been brought on record as Annexure-5 to the writ petition). This degree according to the petitioner is equ...


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