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Allahabad Court April 2011 Judgments

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Apr 01 2011

Raj Kumar Singh Vs. the State of U.P. and Others.

Court: Allahabad

Decided on: Apr-01-2011

1. The petitioner is owner of two vehicles, being UP70-AT-5140 (Dumper) and DLI-GA-4431 (Dumper). According to the petitioner, as his vehicles required major repairs, he submitted an application for surrender of the papers before the concerned authority on 30.6.2008 in respect of Vehicle No.DLI-GA-4431 and similarly in respect of vehicle No.UP70-AT-5140.2. After the repairs were carried out and the vehicles become fit for plying, the petitioner made an application to the concerned Authority, vide application dated 14.3.2011 for releasing the papers, which had been surrendered.3. According to the petitioner, ARTO (Administration) passed an order to the effect that the papers of the vehicles shall be released only on the payment of additional tax plus penalty etc. The respondents, in respect of Vehicle No.DLI-GA-4431 demanded a sum of Rs.23,460/- plus penalty and in respect of Vehicle No.UP70-AT-5140, demanded the same sum plus penalty.4. The demand as sought to be made is under the prov...


Apr 01 2011

Kulwant Singh Vs. State of U.P. and Another

Court: Allahabad

Decided on: Apr-01-2011

1. Heard Dr.Salil Kumar Srivastava, learned counsel for the petitioner, Mr.R.K.Singh, learned counsel for opposite party No.2 and Mr.Rajendra Kumar Dwivedi, learned Additional Government Advocate for the State.2. The petitioner has challenged the order dated 11 th of February, 2011, passed by the learned Additional Sessions Judge, Lakhimpur Kheri in Sessions Trial No.297 of 2008, on the application moved under Section 319 of the Code of Criminal Procedure. By means of order impugned, on the basis of statement of P.W.1 Harjinder Singh (complainant) and P.W.2 Jeet Singh (injured witness), the petitioner, in exercise of power provided under Section 319 of the Code of Criminal Procedure, has been summoned for trial and the case of trial has been separated from other co-accused. 3. The petitioner has challenged the order mainly on the ground that the learned Trial court has not recorded any finding to the effect that on the basis of evidence on record there is possibility of conviction of p...


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