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Allahabad Court April 2012 Judgments

Apr 13 2012

Ajara Khatoon and Others Vs. State of U.P. and Another

Court: Allahabad

Decided on: Apr-13-2012

1. Heard Sri Ramesh Rai, learned counsel for the petitioners and learned A.G.A. 2. The accused petitioners have preferred this Criminal Misc. Writ Petition under Article 226 of the Constitution of India to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 1.12.2011 passed by the Special Judge (Scheduled Caste and Scheduled Tribes (Prevention of Atrocities Act), Court No. 3, Deoria in Criminal Revision No. 263 of 2010-Smt. Ajara Khatoon and others Vs. State of U.P. and others, and order dated 3.10.2007 passed by the Additional Chief Judicial Magistrate, Court No. 19, Deoria in Criminal Case No. 2063 of 2007-State Vs. Suhail Ahmad and also to issue a writ, order or direction in the nature of mandamus commanding the court below to pass a fresh order on the application of the petitioners under Section 179 Cr.P.C. and quash the entire proceedings pending against the petitioners arising out of case crime No. C-1 of 2006, under Sections 498A, 323, ...

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Apr 12 2012

Nagar Palika Parishad Aligarh and Another Vs. Presiding Officer and An ...

Court: Allahabad

Decided on: Apr-12-2012

Amreshwar Pratap Sahi, J. 1. Heard learned counsel for the petitioner Sri S.S. Srivastava and Sri M.P.S. Chauhan learned counsel for the respondent. The Nagar Palika Parishad, Aligarh has come up against the rejection of the application for setting aside the ex-parte award contending that even though the award was published on 6th March, 1997, it was dispatched on 14th July 1997, and as such the application has been filed within 30 days i.e. on 5th August, 1997. Learned counsel, therefore, submits that the application having been filed within 30 days from the date of knowledge, the refusal by the Labour Court to set aside the ex-parte award on this ground is erroneous. 2. Learned counsel for the respondent on the previous occasion on 29th March, 2012 submitted that the date of knowledge is immaterial and reliance was placed on three decisions to contend that the Court of reference become functus officio after the expiry of 30 days as such it had no authority to entertain an application...

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Apr 06 2012

Smt. Padma Pandey Vs. State of U.P. and Others

Court: Allahabad

Decided on: Apr-06-2012

1. This writ petition is directed against the order dated 16.9.2009 passed by the District Magistrate, Allahabad in pursuance to the directions issued by the High Court dated 10.8.2009 in Writ Petition No.40769 of 2009, Smt. Padma Pandey v. State of U.P. and Ors. to dispose of the application for mining lease dated 17.2.2006 within six weeks of the receipt of the order. The District Magistrate has rejected the petitioner's application and has directed the area to be re-advertised. The petitioner has also prayed for a direction to the respondents to grant mining lease of mining plot no.725 of Khand-3 of Village Janwan, Tehsil-Bara, District-Allahabad measuring 5 acres. 2. The petitioner is engaged in the business of excavating minor mineral including grit, bolder and stone in respect of which mining leases are granted by the State Government through the District Magistrate under the U.P. Minor Mineral (Concession) Rules, 1963, made under Section 15 of the Mines and Minerals (Regulation ...

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Apr 06 2012

Rajju Pathak @ Raj Kumar Vs. State of U.P.

Court: Allahabad

Decided on: Apr-06-2012

1. The appellant Rajju Pathak @ Raj Kumar has filed the instant criminal appeal against the judgment and order of the conviction and sentence dated 31.7.2006 passed by the Additional Sessions Judge, FTC No.2, Jalaun at Orai, in S.T. No.127 of 2005 State Vs. Rajju Pathak @ Raj Kumar and others, relating to Case Crime No.15 of 2005 under Section 307, 452 IPC, Police Station Rampura, District Jalaun, and also in S.T. No.128 of 2005 relating to Case Crime No.30 of 2005 under Section 25 Arms Act, Police Station Rampura District Jalaun. The appellant has been convicted and entenced to undergo ten years rigorous imprisonment with fine of Rs.5,000/- under Section 307 IPC, two years rigorous imprisonment with fine of Rs.1000/- under Section 452 IPC and also one year rigorous imprisonment with fine of Rs.1,000/- under Section 25 Arms Act. In default of payment of the aforesaid fine, the appellant has been sentenced to further undergo six months additional simple imprisonment. All the sentences h...

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