Allahabad Court February 2012 Judgments

Manoj Anand Vs. State of U.P. and Another

Court: Allahabad

The Criminal Revision as well as the Writ Petition arise out of same proceedings, as such they are being disposed of by this common order. Heard learned counsel for the parties, learned A.G.A. and perused the record. Writ Petition No. 17658 of 2010 The facts in short are that Smt. Veenu Anand wife filed an application u/s 12 of The Protection of Women from Domestic Violence Act, 2005 (in short the Act). In the aforesaid case she also filed an application u/s 23 of the Act for interim order. The said aplication was allowed on 20.3.2010 and a sum of Rs. 5,000/- per month was ordered as interim maintenance. This order was challenged in appeal but appellate court dismissed the appeal and confirmed the order of interim maintenance. These orders have been challenged by learned counsel in W.P. 17658 of 2010 on the ground that no evidence was recorded and it is not clear as to what was the violence caused to the applicant. The argument is fallacious as the court was deciding an application for...

Smt. Khuslata Tiwari Vs. Director, Defence Estates and Others

Court: Allahabad

Heard learned counsel for the parties. The matter relates to unauthorised construction in servant quarter of a bungalow (No.51) belonging to respondent No.3 Lucknow Diocesan Trust Association, Allahabad (LDTA) situate in Varanasi Cantt. According to the petitioner her father being ex-army man was leased an outhouse of the Bungalow by LDTA. Executive Officer of the Cantonment Board issued notice to the father of the petitioner on 26.04.1991 copy of which is Annexure-I to the writ petition and to the property manager of Bungalow No.51, Varanasi Cantt. It was alleged in the notice that two rooms of 12 feet by 21 feet 9 inch and 18 feet by 7 feet 4 inches with brick walls and A.C. sheet roof towards north of outhouse situate in south west side of the Bungalow had been constructed. Noticee was required to show cause as to why action under Section 184 of the Cantonment Act, 1924 should not be taken against him. Father of the petitioner filed reply, copy of which is Annexure-II to the writ pe...

Bali Ram Vs. State of U.P.

Court: Allahabad

Reported in: 2012CrLJ2890

1. This appeal, arising out of the judgement dated 23.3.1983 passed by the learned VIII Addl. Sessions Judge, Ghaziabad in Session Trial No. 298 of 1981, has been preferred by solitary appellant, who, after having been convicted of an offence under section 302 I.P.C. was directed to suffer rigorous imprisonment for life. 2. The fact was that the deceased Natthu Ram and the present appellant Bali Ram along with a third person, namely, Tota Ram were smoking Hukka. The deceased on the one hand and two accused persons named in the F.I.R. on the other, firstly, entered into a verbal dual as regards the duration for which they would enjoying the smoke. The son of Tota Ram, the present appellant Bali Ram is said to have gone to his house and to come back with Khutpawre (an instrument to carve out cattle dung). The appellant is said to have given a blow with the article just after having arrived at  the place of occurrence which was the chauk infront of his house. 3. The informant stated ...

Ram Das Vs. U.P. State

Court: Allahabad

1. Matter is taken in revised cause list. None appeared on behalf of the petitioner. 2. Heard learned Standing Counsel and perused the record. 3. Petitioner was appointed on contractual basis in the matter in question and last contractual appointment of the petitioner was for a period of three months with effect from 4.10.1991,thereafter, the services of the petitioner was not extended, as such, he filed a present writ petition before this court with the following main prayer:- "Issue a writ of certiorari quashing the oral termination of the services of the petitioner with effect from 1.7.1992." 4. In view of the abovesaid facts, the question which arises for consideration in the present case is whether the petitioner who is appointed on contractual basis has got any right to get his contractual appointment, extended in service after the expiry of the term of the contractual employment. 5. In the case of Director Institute of Management Development U.P. Vs. Smt. Puspa Srivastava, J.T. ...

U.P. State Road Transport Corporation Vs. State of U.P. and Others

Court: Allahabad

Rakesh Tiwari, J. 1. Heard Sri Samir Sharma, learned counsel for the petitioner and perused the record. None of the counsels for respondents are present even in the revised list. 2. Background of the case is that U.P.State Road Transport Corporation created under section 3 of the Road Transport Corporation Act, 1950 is a State Transport undertaking within the meaning of Section 2 (42) (ii) of the Motor Vehicles Act, 1988. The State Transport Authority granted permits to the petitioner corporation on two routes i. e. (1) Delhi- Kotdwar via Modi Nagar-Meerut-Meerapur-Bijnor and (2) Delhi-Nazibabad via Bijnor-Meerapur-Meerut-Ghaziabad. On both the routes the distance between Bijnor and Najibabad can be travelled either through Mandawali or Kiratput, but in the permits there was no restriction for the corporation to ply only via Mandawali. Respondent no.4, a private operator, filed Writ Petition No.755 of 2002 before Lucknow Bench of the High Court. The said writ petition was disposed of d...

Dr. Rina Seraphim Deen and Another Vs. State of U.P. Through Secy. Dep ...

Court: Allahabad

1. Heard learned counsel for the parties. The petitioner-Dr. Rina Seraphim Deen as well as the Governing Body, Christ Church College, Kanpur have filed this writ petition challenging the orders passed by the Chancellor dated 29th April, 2011 as well as the order dated 28th August, 2010 passed by the Vice Chancellor, respectively by means of which the approval granted to the appointment of the petitioner on the post of Lecturer (Economics) has been cancelled and the said order has been confirmed by the Chancellor under Section 68 of the Uttar Pradesh State Universities Act, 1973 (hereinafter referred to as the 'Act'). 2. In brief, the facts are that Christ Church College, Kanpur is a Postgraduate Degree College of the Church of North India, Diocese of Agra with Arts, Science and Commerce Faculties and is affiliated to Chhatrapati Shahu Ji University, Kanpur. The college is a minority Institution. 3. The college is managed by the Governing Body. In the year 2002, 17 vacancies were existi...