Allahabad Court May 2011 Judgments

Vilay Gyan Dharmarth Sansthan and Another Vs. Union of India and Other ...

Court: Allahabad

Ashok Bhushan Heard Sri Siddhartha Srivastava, learned counsel for the petitioners, Sri R.K. Singh learned counsel appearing for respondent No.6 and learned Standing Counsel. By this writ petition, the petitioners have prayed for quashing the order dated 27th April, 2011 passed by the State Government rejecting the representation of the petitioners for exempting the land of the petitioners from acquisition. Brief facts of the case are; the petitioner No.1 is a registered society under the Society Registration Act, 1860 having been registered on 7th January, 2000. A land measuring 0.327 hectare of Plot No.217 of village Mudia Ahmednagar, Tahsil and District Bareilly was purchased by the petitioners by registered sale deed dated 27th January, 2000. A notification under Section 4 of the Land Acquisition Act was issued for acquisition of the land for public purpose, namely, for construction of bypass in district Bareilly. The declaration under Section 6 of the Land Acquisition Act was also...

Devendra Kumar and Others Vs. State of U.P. and Others

Court: Allahabad

Reported in: 2011AIR(All)158;

Heard Sri Girish Kumar Yadav, learned counsel for the petitioners and Sri Ram Krishna, learned Standing Counsel for respondents No.1, 2 and 3. Notices were issued to respondent No.4 by order dated 18th April, 2011 but no response has been received. By this writ petition, the petitioners have prayed for a writ of mandamus directing the respondents not to interfere in the peaceful living of the petitioners. Petitioners' case in the writ petition is that both the petitioners being major have performed their marriage on 3rd April, 2011 which marriage has also been registered by the Registrar, Hindu Marriages, Allahabad on 4th April, 2011. Copy of the certificate of marriage registration has been filed as Annexure-2 to the writ petition. The Apex Court in the case of Seema (Smt.) vs. Ashwani Kumar reported in 2008(1) S.C.C. 180 has issued directions to the State and the Union territories to comply with earlier directions of the Apex Court issued by order dated 14th February, 2006 in the cas...

Suresh Singh Kushwaha Vs. State of U.P.

Court: Allahabad

(1) This is the second bail application moved on behalf of the appellant Suresh Singh Kushwaha. The first bail application was rejected on 11.10.2007 by another Bench of this Court. Heard Mr. D.S. Mishra for the appellant and Mr. Sanjai Kumar Singh and the learned AGA for the respondent and perused the record. (2) Mr. D.S. Mishra submitted that the court while rejecting the first bail application, had directed for preparation of paper book within six weeks and also for listing the appeal for final hearing but despite that order, the appeal could not be heard on account of heavy dockets, therefore,the appellant is languishing in jail since last more than four years and has thus served out a substantial portion of the sentence. Mr. Mishra next submitted that in case the appellant is not released on bail, the appeal in due course of time would become infructuous. (3) Mr. Mishra further submitted that no doubt the recovered quantity of Heroin was 500 grams but the chemical analyst found on...

Chhotu Gupta @ Lavkesh Kumar Gupta Vs. State of U.P. and Another

Court: Allahabad

ASHOK SRIVASTAVA, J.This criminal revision has been filed against the order dated 26.8.2010 passed by the learned Additional Sessions Judge, Court No.9, Allahabad in S.T.No.153 of 2009 under Sections 302, 120-B, I.P.C., P.S. Dhoomanganj, District Allahabad.The brief facts of the case are that an incident of murder had taken place on 24.9.2008 at about 9.30 a.m. near the residential house of one Shiv Kumar Gupta, which is situated in the jurisdiction of Police Station Dhoomanganj, Allahabad. Complainant of the case is one Deo Raj Singh who is opposite party no.2 herein.According to the F.I.R. the deceased Neeraj Singh, along with one Deepak Vishwakarma, was going from his residential house towards the residence of Shiv Kumar. The complainant was going behind them and he was at a distance of some 50 yards when he found that the revisionist along with co-accused Sheo Kumar Gupta, Deepak Kumar Gupta and Piyush Singh, who were hiding themselves behind the house of S.K.Gupta, all of a sudden...

Dr. Raj Kumar Chaudhary Vs. State of U.P. and Another

Court: Allahabad

Reported in: 2012CrLJ199(NOC)

1. This petition under Section 482 of the Code of Criminal Procedure,1973 (herein after referred to as “Code”) has been filed by the petitioner for setting aside the order dated 27.3.2008 passed by Special Judicial Magistrate ( C.B.I.) Lucknow rejecting the application to discharge the petitioner and the order dated 25.2.2009 passed by Additional Sessions Judge Lucknow dismissing revision preferred against the said order and also for the prayer of quashing the proceedings of Criminal Case No. 1 of 2005 (State Vs. Dr. Dhirendra Singh and others) under Sections 120-B,380, 411 and 457 of the Indian Penal Code pending against him in the Court of Special Judicial Magistrate C.B.I. Lucknow. 2. Shorn of unnecessary details the facts material for the purpose of disposal of this petition are that in the matter of theft , leakage and sale of question papers of entrance test of All India Post Graduate Medical Entrance Examination,2002 (A.I.P.G.M.E.E. 2002) an F.I.R., Annexure no. 3 to...

Ravi Kant Gupta Vs. Union of India and Others

Court: Allahabad

1. Heard Sri Vishal Jaiswal, learned counsel for the petitioner as well as Sri D.R.Chaudhary, learned Government Advocate appearing for the State-respondents and Sri Anurag Khanna, learned counsel appearing for the respondent no. 2 - Central Bureau of Investigation. Counter affidavit on behalf of State-respondents has been filed. For our perusal, the learned Government Advocate placed before us the case diary, which is taken on record. 2. The case of the petitioner is that his son Laxmi Kant alias Neeraj Gupta met an unnatural death on 14.8.2010. The body of the victim was taken to the hospital by the petitioner, where he was declared dead. The information about the unnatural death was received by the Police from the Emergency Medical Officer of the District Hospital. Post mortem was conducted and inquest report prepared on 15.8.2010. Thereafter, according to the petitioner, he approached the Police authorities time and again for lodging the F.I.R. which was not lodged. Ultimately on 3...

Mahraj UddIn and Others Vs. State of U.P. and Others

Court: Allahabad

Reported in: 2011AIR(All)151;

Ashok Bhushan, J. Heard Shri S.N.Jaiswal, learned counsel for the petitioner and Shri S.P. Kesarwani, learned Additional Chief Standing Counsel for the respondents. By this writ petition, petitioners have prayed for a writ of mandamus directing the respondent no.2, Regional Transport Officer, Meerut to permit the petitioners to ply their vehicles (Three Wheeler) upto the age of 20 years. Counter and rejoinder affidavit have been exchanged between the parties. Brief facts of the case as emerge from the pleading of the parties are: The petitioners are owners of three wheeler vehicles who are plying their vehicles within the municipal limits of Meerut. The petitioners have been granted permit by the Regional Transport Officer, Meerut in accordance with the provisions of the Motor Vehicles Act, 1988 (hereinafter called the "Act 1988"). Petitioners' vehicles are almost 5 years old. The Regional Transport Officer, Meerut has put a remark on the permit issued to the petitioners that if the ve...

The New India Assurance Company Ltd. Vs. Babita and Others

Court: Allahabad

The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 9.3.2010 passed by the Motor Accidents Claims Tribunal, Hapur (Ghaziabad) in Motor Accident Claim Case No. 369 of 2007 filed by the claimant-respondent nos. 1 to 6 on account of the death of Hari Ram in an accident which took place on 4.6.2007 at about 6 P.M. The case of the claimant-respondent nos. 1 to 6 was that on 4.6.2007, the said Hari Ram (husband of the claimant-respondent no.1) had gone to bring certain articles to Gulawathi sitting on the Tractor of Yashpal Singh (respondent no. 9 herein) driven by Yashpal Singh, and was returning to the village on the same Tractor; and that when at 6 P.M., the said Tractor reached near Kale Samadhi, village-Samayee, the driver of the said Tractor, namely, Yashpal Singh (respondent no. 9 herein) driving rashly and negligently suddenly applied brakes, as a result of which, the said Hari Ram fell down from the Tractor,...

Govind Hari Swamy and Others Vs. State of U.P.

Court: Allahabad

Reported in: 2011CrLJ4486

VINOD PRASAD, J Appellants, a family, consisting of Govind Hari Swamy (A1) his wife Smt. Gomti (A2) and their three sons Manoj (A3), Ajay (A4) and Jeewanshu (A5) have questioned their convictions and sentences U/S 498-A and 304 B IPC vide impugned judgement and order dated 14.9.2006,recorded by Additional Sessions Judge, Court No. 6, Ghaziabad in S.T. No. 68 of 2001, State Vs. Manoj and others, relating to crime No. 667 of 2000.All the appellants have been convicted U/S 498A IPC and have been sentenced to three years R.I. with a fine of Rs. 10,000/- and in default thereof to under go one year additional imprisonment. A2 and A3 have been additionally convicted U/S 304 B IPC with imposed sentence of ten years R.I and their both the sentences have been ordered to run concurrently by the trial judge. Genesis to the present appeals lies in prosecution allegations scribed and levelled by the informant Subhash P.W. 1 in his written report Ex. Ka-1 dated 9.9.2000, according to which his cousin...

National Insurance Company Ltd. Vs. Radhey Shyam and Another

Court: Allahabad

The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/ Award dated 5.5.2010 passed by the Motor Accidents Claims Tribunal, Meerut in Motor Accident Claim Case No. 815 of 2004 filed by the claimant-respondent no. 1 on account of the injuries sustained by him in an accident which took place in the intervening night of 8/9th July, 2004 at 1.30 A.M. The case of the claimant-respondent no. 1 was that in the intervening night of 8/9th July, 2004 at about 1.30 A.M. while the claimant-respondent no. 1 was waiting for transportation on the roadside in the vicinity of village-Masoori at Meerut Mawana Road, P.S. Incholi, District Meerut, a Truck Tata 407 bearing Registration No. U.P.15C7113, which was being driven rashly and negligently, hit the claimant-respondent no.1 resulting in grievous injuries to the claimant-respondent no.1; and that the said Truck was owned by Shahbuddin (respondent no.2 herein) and was insured with the Appell...