Allahabad Court October 2012 Judgments
People's Union For Civil Liberties Vs. State Of U.P. and Another
Court: Allahabad
Decided on: Oct-19-2012
1. U .P. Chapter of People's Union for Civil Liberties has brought this Public Interest Litigation petition, seeking certain directions to be issued by this Court in relation to rehabilitation and payment of compensation to the victims of alleged violation of human rights, which according to the petitioner, was committed in an incident of mass attack and arson on muslim residents of village Asthan, police station Nawabgangj, District Pratapgarh on 23.06.2012. The petitioner prays that apart from issuing direction for rehabilitation of the alleged affected persons and for payment of compensation to the victims for alleged violation of human rights, this Court may also command the State Government to take disciplinary action against the erring police and other officials. The petitioner also prays that an appropriate direction may be issued to conduct the investigation into the incident of 23.07.2012 in regard to which an FIR (Case Crime No. 95 of 2012) has been registered at police stati...
Tag this Judgment!Gama Vs. Spl. Judge
Court: Allahabad
Decided on: Oct-19-2012
1. THE above mentioned two writ petitions are against the judgment and order dated 15.2.2001 passed by Special Judge (A.C.)/Additional District and Sessions Judge Varanasi in civil revision no. 284 of 1999 arose out of original suit no 1189 of 1995 (Gama Vs Rama ) and civil revision no. 285 of 1999 arose out of original suit no. 1190 of 1995 ( Shyam Lal Vs. Rama) raises common question of law to be decided by this court. As such both the writ petitions were heard together and are being decided by common judgment The facts giving rise to the controversy in the present two writ petitions mentioned above are that the suits were filed by the petitioners against the defendant -respondent(Rama) seeking relief that the defendants be directed to execute sale deed in respect of land mentioned in the schedule of the plaint in lieu of the land which was sold to them by registered sale deed dated 2.5.1984 The case of the petitioners is that Rama son of Raju i.e defendant/respondent no.3 executed t...
Tag this Judgment!Ankit Malik Vs. S.S.C. Thru. Its Chairman and Others
Court: Allahabad
Decided on: Oct-19-2012
By this writ petition, the petitioner is seeking a direction in the nature of mandamus to the respondent no. 1 to remeasure the height of the petitioner by electronic standards in any of the Central or State Government Hospital/Dispensary. He is also challenging the order dated 24.8.2012, by which his candidature has been rejected on account of being below the specified standard of height. Briefly stated the facts are that the selection for the post of Sub-Inspector in the Central Armed Police Force and Assistant Police Inspector of CISF was advertised in 2012. In the physical standard test, the requisite minimum height for male candidates is prescribed as 170 Cms. According to the petitioner when he was measured by the manual measuring machine his height came to 169 Cms., and therefore, he was disqualified as being below the requisite standard of 170 Cms. His case further is that he got himself measured by the electronic machine in General Medical Hospital, Bhiwani, Haryana, where his...
Tag this Judgment!Adeed Nawaz Vs. State of U.P.
Court: Allahabad
Decided on: Oct-19-2012
1. THE petitioner has been admitted in the B.A. LL.B. Course of the Aligarh Muslim University and has been allocated the campus of Malappuram in Kerala. The petitioner while filling his option had given his first preference for the Aligarh University Campus, for Murshidabad in West Bengal in the second place and Malappuram Kerala in the third place. The revision of such an option is governed by Clause 31 of the Guide to Admissions 2012-13 quoted herein under:- "31. A candidate provisionally admitted to a Course/ Branch/ Main Subject/ Stream/ Specialization of lower preference as mentioned in the Application Form, may be upgraded to a Course/ Branch/ Main Subject/ Stream/ Specialization of higher preference as mentioned in the Application Form in the event of a vacancy arising therein. A candidate provisionally admitted to a Course/ Branch/ Main Subject/ Stream/ Specialization over and above the preferences as indicated in his/her Application Form may be upgraded to a Course/ Branch/ Ma...
Tag this Judgment!Savita Devi Vs. Santosh Kumar
Court: Allahabad
Decided on: Oct-18-2012
Dinesh Gupta, J. 1. This First Appeal is preferred against the judgment and decree passed by Additional District Judge, Ballia in Original Suit No. 315 of 2001 (Santosh Kumar Vs. Sunita Devi) decided on 06.09.2002 decreeing the suit of the petitioner for the relief of divorce. 2. The brief facts which give rise to this appeal are that original suit no. 315 of 2001 was filed by respondent-petitioner (hereinafter called the respondent) against Savita Devi opposite party-appellant (hereinafter called the appellant) for the relief of declaring the marriage between the parties as null and void. This petition was based on the allegation that the respondent belonged to District Ballia and is from a very reputed family having agricultural land, other business establishment, shops etc. The respondent has graduated from Allahabad University in May, 2000. The appellant's father came to the house of the respondent for the purpose of settling marriage of the appellant with the respondent and the ma...
Tag this Judgment!Onkar Mishra and Others Vs. State of U.P
Court: Allahabad
Decided on: Oct-17-2012
1. IN both these appeals, the appellants have challenged the judgment and order dated 5.4.2003 passed by Sri K.K. Pandey, the then Additional Sessions Judge/Fast Track Court no. 5, Gorakhpur in S.T. No. 506 of 2001, whereby all the three accused-appellants aforesaid, have been found guilty for the offence punishable under section 302/34 IPC and each appellant has been sentenced to imprisonment for life and fine of Rs. 10,000/- each with default stipulation. 2. THE prosecution story, in brief, is that Smt. Renu Singh P.W.1 resident of village Barahi, Police Station Jhagha, District Gorakhpur, submitted a written report scribed by Vinay Kumar Singh at Police outpost Barahi on 29.5.2001 at about 5.45 P.M. wherein she stated that Pradhan Sadhu Sharan Yadav is inimical to them on account of old land dispute etc. and they used to threaten her husband for life. On 29.5.2001 at about 5.15 P.M. when her husband Kapil Dev Singh along with son Chandra Prakash, co-villager Ajay Singh after purchas...
Tag this Judgment!C/M, Kanya Vidyalaya Kisrauli Vs. State of U.P
Court: Allahabad
Decided on: Oct-17-2012
1. HEARD learned counsel for the petitioners, Sri Yogish Saxena and Sri Ashok Khare, learned Senior Counsel for the respondent No. 4 and the learned Standing Counsel for the respondent Nos. 1, 2 and 3. Supplementary affidavit filed today is taken on record. 2. THE petitioner questions the legality of the order passed by the prescribed authority dated 3rd of October, 2012 under the provisions of Section 25 of the Societies Registration Act, 1860 whereby he has declared the respondent no. 4 to be a valid committee with Kuldeep Gangwar as the validly elected Manager of the Society. Sri Yogish Saxena contends that writ petitions are not being accepted by the Registry on account of annexures being in Hindi filed alongwith the writ petitions. This issue has already been dealt with by this Court in writ petition no. 54488 of 2012 Smt. Rajeshwari Vs. State of U.P. and others, and the order dated 16.10.2012 passed therein will apply on the facts of the present case. Apart from this, the Court w...
Tag this Judgment!Modi Zerox Ltd. Vs. Cit Meerut
Court: Allahabad
Decided on: Oct-16-2012
1. THIS Income Tax Appeal of M/s Modi Zerox Ltd-assessee appellant under 260-A of the Income Tax Act, 1961 (in short, the Act) arises out of order dated 23.7.1999 passed by the Income-Tax Appellate Tribunal, Delhi Bench 'C', New Delhi in ITA No. 6444/Del of 1992 for the assessment year 1989-90. The Tribunal confirmed the order passed by the Appellate Authority. 2. THE assessee-appellant is a Public Limited Company. It is engaged in the business of manufacturing photocopying machines and consumables. For the assessment year 1989-90 the relevant accounting period was between 1.5.1987 to 31.3.1989 (i.e. 23 months). The assessee appellant declared income of Rs. 5, 90, 95, 734/-, with brought forward losses under various heads amounting to Rs. 8, 36, 62, 936/-. The income under Section 115-J of the Act was declared at Rs. 7, 66, 47, 675/-. The assessment was made under Section 143 (3) of the Act at profits of Rs. 7, 66, 47, 675/- under Section 115-J of the Act. The Deputy Commissioner of In...
Tag this Judgment!Bani Singh Vs. State of U.P
Court: Allahabad
Decided on: Oct-16-2012
1. HEARD learned counsel for the parties and perused the record. 2. WRIT Petition No. 42332 of 2006 is directed against an order of compulsory retirement dated 12.4.2006 and 4.7.2006. The connected writ petition is directed against an order dated 28.11.2002 punishing the petitioner by stoppage of three increments with cumulative effect and award of adverse entry and forfeiting his balance salary excluding the suspension allowance already paid. The petitioner was working on the post of Collection Amin. Having reached the critical age of 50, his case was considered by the Screening Committee under Rule 56 of the Financial Handbook which submitted reports dated 24.3.2006 and 7.4.2006 recommending his compulsory retirement. Accordingly, the petitioner was issued a notice of compulsory retirement dated 12.4.2006 whereafter he was compulsory retired vide order dated 4.7.2006. It is urged that the adverse entries taken into account had not become final as representations were pending and agai...
Tag this Judgment!Rajeshwari Vs. State of U P
Court: Allahabad
Decided on: Oct-16-2012
1. THIS writ petition has been filed with annexures in Hindi. The interim order of a learned Single Judge in writ petition No. 665 of 2007 dated 24th of July, 2012 and another interim order of a Division Bench dated 5th October, 2012 in writ petition No. 51172 of 2012 has been circulated by the Registrar General under the orders of the Division Bench and accordingly the aforesaid two orders have been placed before this Court which are quoted hereinunder for ready reference:- "Hon'ble Sunil Hali,J. Counter affidavit filed by the Secretary, Madhyamik Shiksha Parishad be taken on record. In paragraph 7 of the counter affidavit, it is stated that all the original records and certified copies regarding the appointment in a sealed cover have been sent to the C.B.C.I.D. for providing necessary information in the matter. Let the report be called from the Investigating Agency, i.e., C.B.C.I.C. indicating progress in the investigation. Counter affidavit has been filed by the State without provid...
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