Allahabad Court March 2011 Judgments
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Sri Awadh Bihari Lal Vs. Shri Vijay Chandra Gupta and Others
Court: Allahabad
Decided on: Mar-07-2011
1. Heard counsel for the parties and perused the record. 2. This petition is directed against judgment and order dated 20.8.2010 passed by Additional District Judge, court no. 1, Allahabad, by which amendment application moved by the petitioner tenant has been rejected. 3. At the time of admission, the following interim order was granted in this case on 27.8.2010 : "Sri Pramod Kumar Jain, learned senior counsel assisted by Sri Some Narayan Mishra, learned counsel for the petitioner-tenant has submitted that by the impugned order the amendment sought by the petitioner in paragraphs no.35, 36 & 38 of the written statement has been illegally disallowed and submits that the defence taken by the petitioner-tenant in his written statement in the aforesaid paragraphs was sought to be amended by minor amendments and further that in paragraph 38 of the written statement it had been stated that after the death of Harish Chandra @ Sadhu the petitioner-tenant could not pay the rent since it was no...
Coal Consumers Association and Another Vs. Mr.T.K.Lahiri, Chairman Cum ...
Court: Allahabad
Decided on: Mar-07-2011
1. The present application for contempt has been filed for disobedience of the order 26th July, 2010. 2. From the facts stated it appears that an order was passed by Bharat Cooking Coal Limited, suspending supply of 45 units from members of Coal Consumer Association on 1.7.2010. A writ petition was filed challenging the order of suspension cum show cause notice with following prayer:- "i. Issue writ, order or direction in the nature of certiorari quashing the impugned order dated 1st July, 2010 (Annexure No.2 to the writ petition) passed by respondent no.4. ii. Issue writ, order or direction in the nature of certiorari quashing the Clause 4.4 of the Fuel Supply Agreement (FSA) executed between the petitioner and the respondent no.4. iii. Issue writ, order or direction in the nature of mandamus commanding the respondents not to force the petitioner to furnish the information in new format and authenticated by the Industries Department other than the establishment and statutory registrat...
Committee of Management, Aley Ahmad Girls Inter College, Amroha, J.P. ...
Court: Allahabad
Decided on: Mar-04-2011
1. This petition has been filed by a Committee of Management, Aley Ahmad Girls Inter College, Amroha, J.P. Nagar, which is a minority institution governed by the provisions of the U.P. Intermediate Education Act, 1921 and the Regulations framed thereunder, through Rehan Ali Naqvi as the Manager. The petitioner assails the order dated 11th February, 2011 passed by the District Inspector of Schools rejecting the elections set up by the petitioner on 31st October, 2010 and accepting the elections of the respondent no. 5 as held on the same date. Sri W.H. Khan, learned Senior Counsel has advanced his submissions on behalf of the petitioners and Sri Shashi Nandan, learned Senior Counsel assisted by Sri Arun Kumar Singh, Advocate for the respondent no. 5 and the learned Standing Counsel for the respondent nos. 1 to 4. 2. Sri W.H. Khan submits that the impugned order is without jurisdiction, inasmuch as, such a dispute could have been decided by the Regional Level Committee chaired by the Joi...
Committee of Management, Madarsa Jame-ul-uloom and Another Vs. Prescri ...
Court: Allahabad
Decided on: Mar-04-2011
1. The petitioners have assailed the order dated 2.2.2011 passed by Respondent No.1 - Prescribed Authority whereby the elections set up by the petitioners have been rejected and that of the contesting respondent Nos. 2 to 15 has been accepted. The decision impugned is an order in the exercise of powers under sub-clause (1) of Section 25 of the Societies Registration Act, 1860. 2. The dispute relates to the constitution of the Committee of Management of Madarsa Jame-Ul-Uloom of which the petitioner No.2 - Irshad Ahmad claims himself to be the validly elected Manager. Undisputed area of facts which is also indicated in the impugned order relates to the elections which were held on 24.5.2004. One Mohd. Waish is stated to have been elected as the Manager, who is arrayed as Respondent No.5. He along with other office-bearers was registered as the Committee of Management on 31.5.2004 before the Assistant Registrar, Firms, Societies & Chits, Azamgarh. 3. Mohd. Waish resigned on 2.2.2008 and o...
Life Insurance Corporation of India and Others Vs. Municipal Commissio ...
Court: Allahabad
Decided on: Mar-04-2011
1. The writ petitioners have approached this Court in respect of the order dated 05.04.2010, whereby respondent no.1 had directed the petitioners to submit the list of officers/employees and the further reminder dated 17.04.2010, whereby the petitioners were informed that failing which action would be taken under the provisions of the Census Act, 1948. It is the case of the writ petitioners that in response to these letters, on 26.04.2010, a reply was given by the Regional Officer stating that the Life Insurance Corporation of India is a Central Corporation created by an Act of Parliament and does not fall under the definition of Local Authority in the State. The further stand was that the Corporation is engaged in commercial services involving vital public services and deployment of their officers/employees for census will gravely hamper the business. The writ petitioners have further stated that without taking into consideration their reply and without application of mind, a directio...
State Bank of Patiala Vs. Union of India and Others
Court: Allahabad
Decided on: Mar-04-2011
1. Heard learned counsel for the parties. 2. In this case on 08.11.2010 arguments were heard and judgment was reserved. The said order is quoted below: "Heard learned counsel for the parties. 3. Judgment reserved. Duplicate copy of the supplementary counter affidavit has been supplied by learned counsel for workman respondent. 4. It has been stated that FIR was lodged against three other employees of the Bank, i.e. Sri A.K. Madan, Sri Sanjeev Kumar and Sri Amar Nath. Learned counsel for the Bank, petitioner states that this FIR was lodged by Hari Shanker Yadav, who complained that his money was swindled. Learned counsel for both the parties may file short written arguments. Learned counsel for the workman respondent in his written arguments shall indicate the fate of the criminal case, which was initiated on the basis of FIR and if some order/ judgment has been passed, then certified copy of the same shall be annexed therewith. Learned counsel for both the parties before submitting wri...
Amar Singh and Others Vs. State
Court: Allahabad
Decided on: Mar-04-2011
1. Challenge in this petition is to the judgement and order dated 20.12.2007 passed by Additional Sessions Judge, FTC No.2,Jalaun at Orai in S.T. No.191 of 2002 whereby the appellants were convicted under Section 302/34 I.P.C. and sentenced to undergo imprisonment for life and fine of Rs.3000/- each with default stipulation of six months further imprisonment. 2. The first information report in the instant case was lodged by one Vijay Singh who is father of the deceased on 2.3.1999 at 7.15 pm at police station Kotwali Kalpi. 3. Shorn of unnecessary details, the brief facts as unfolded from the FIR lodged by one Vijay Singh on 2.3.1999 at 10.30 P.M. at P.S. Kalpi are that on 2.3.1999 at about 7.15 P.M. when Raghvendra Singh, son of the complainant was sitting at the door, accused persons namely, Kripal Singh, Bhupendra Singh alias Bhope and Amar Singh arrived at the scene out of whom Amar Singh and Bhupendra Singh were armed with country made pistol. It is alleged that accused Kripal Sin...
Rishi Pal Vs. State of U.P.
Court: Allahabad
Decided on: Mar-03-2011
1. These criminal appeals arise out of a judgement and order dated 17.10.2006, passed by the Special Judge (E.C. Act)/Additional Session Judge, Badaun in S.T. No. 962 of 1996, State Vs.Rishipal and others, convicting and sentencing the appellants Rishi Pal , Karu alias Surendra and Harnandan to undergo three months RI under Section 147 IPC. The appellants Rishi Pal and Karu alias Surendra have also been convicted to six months RI under Section 148 IPC. The three appellants Rishi Pal, Karu alias Surendra and Harnandan have further been convicted to imprisonment for life under Section 302 read with section 149 IPC, together with a fine of Rs. 5000 each. In default of payment of fine they have further to undergo three months imprisonment. All the sentences were to run concurrently. 2. When the case was called out in the revised list, as the appellants counsel Sri Ratnesh Nandan Singh, who represented the appellant Karu alias Surendra in Criminal Appeal No. 7733 of 2006 and appellant Harna...
Gujrati V. State
Court: Allahabad
Decided on: Mar-03-2011
1. This Criminal Appeal arises from a judgement and order dated 6.4.2004 passed by the Additional District and Sessions Judge, Kaushambi convicting and sentencing the appellant Smt. Gujrati alias Seema to imprisonment for life under section 302 IPC and a fine of Rs. 20,000/- and in default she was further sentenced to one year RI. 2. Heard Shri Swetashwa Agrawal, learned Amicus Curiae for the appellant and Shri V.K. Mishra, learned AGA for the State. 3. In brief the facts of the case are that an FIR was lodged by Bankey Lal, father of the deceased Deena Nath at 7.45 a.m. on 30.4.2002 in the police station Sarai Akil with the allegations that on the previous night, i.e. 29/30.4.2002 at 3.00 a.m. the appellant Gujrati alias Seema, who was the wife of the deceased Deena Nath assaulted him with a "Gandasa" in their house in village Kotia. It was further mentioned in the FIR that the relations between Deena Nath and Gujrati alias Seema were strained as Gujrati used to accuse Deena Nath of h...
C.P. Singh Vs. State of U.P. and Another
Court: Allahabad
Decided on: Mar-03-2011
1. The above two Criminal Miscellaneous Applications arises out of the same Criminal Case No.6437 of 2008, State Versus Raj Kumar Sachan and others,(relating to Crime No. 467 of 2007),under Sections 363, 392, 342, 323, 504, 506 IPC, Police Station Kalyanpur, District Kanpur Nagar pending before VI M.M. Kanpur Nagar and hence it both were clubbed together and are being disposed off by this common order. Challenge in these two Applications by the three Applicants- C.P.Singh, Raj Kumar Sachan and Ramanuj Katiyar,are to their summoning order dated 14.10.2008 and continuance of aforesaid criminal case against them. Criminal Miscellaneous Application No.33719 of 2009 was ordered to be connected with other Applications and were nominated to this Bench by the order of the Acting Chief Justice dated 18.2.2010 and hence both the aforesaid Applications along with other two Applications are listed before this bench.2. Background facts relating to aforesaid two surviving Applications have got chequ...
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