Allahabad Court August 2012 Judgments
Nawal Kishore Vs. State of U P
Court: Allahabad
Decided on: Aug-31-2012
Rajiv Sharma, Surendra Vikram Singh Chauhan, J. 1. HEARD Dr. L.P. Mishra, Assisted By Sri Deepanshu Das, Learned Counsel for the petitioner and Sri Prashant Chandra, Senior Advocate, assisted by Sri Gaurav Mehrotra for the opposite parties Nos. 2 and 3 and Sri Abdul Moin, Additional Chief Standing Counsel for opposite party No.1. 2. THROUGH the instant writ petition under Article 226 of the Constitution of India, the petitioner challenges the order dated 30.5.2012 passed by the Principal Secretary, Cooperative Department, Civil Secretariate, Lucknow, whereby the petitioner has been placed under suspension and an Enquiry Committee comprising of Sri Ramhit Gupta and Sri Ram Jatan have been constituted for holding inquiry. Petitioner has also assailed the order of transfer dated 7.5.2012 passed by the opposite party No.1 contained in Annexure No.3 to the writ petition, transferring the petitioner from the office of Registrar, Co-operative Societies (Headquarters), Uttar Pradesh, Lucknow t...
Tag this Judgment!Bhaiya Lal Pal Vs. State of U P
Court: Allahabad
Decided on: Aug-31-2012
1. THIS Criminal Appeal arises from the judgement of the Additional Sessions Judge/Special Judge, S.C./S.T. (Prevention of Atrocities) Act, Fatehpur dated 30.7.2008, whereby the appellant Bhaiya Lal Pal has been sentenced to 7 years R.I. and a fine of Rs.3000/ under section 376 IPC. In default of payment of fine, he has to undergo further simple imprisonment for four months. Under section 3 (2) (v) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (hereafter the SC/ST Act) the appellant has been sentenced to imprisonment for life with a fine of Rs.5000/-. In default of payment of fine, he was to undergo six months simple imprisonment. 2. THE prosecution case as disclosed in the F.I.R. lodged by Bipati on 21.2.1999 at P.S. Khaga was that on 21.2.1999, the victim, PW 1, the wife of Bipati had gone to cut mustard branches from the field of Badloo Lodh in village Padari. The appellant, who was watering his field asked the victim to pick up his fodder. When PW 1 proceede...
Tag this Judgment!Jitendra Kumar Singh Vs. Union of India
Court: Allahabad
Decided on: Aug-31-2012
Rajes Kumar, J. 1. THE petitioners are the heirs of deceased employee, Jitendra Kumar Singh, who died on 18.11.2006. 2. LATE Sri Jintendra Kumar Singh was a constable in C.R.P.F. Posted at Nalkata District Dhalai (Tripura). He has been dismissed from service by the Commandant vide order dated 21.3.1997 against which an appeal was filed which has been decided by the Deputy Inspector General of Police C.R.P.F., Allahabad vide order dated 3.11.1997. The appeal has been dismissed. Challenging the appellate order of the dismissal the present writ petition was filed. No interim order has been granted. Late Sri Jitendra Kumar Singh died on 18.11.2006. While he was posted at Tripura he has been given chargesheet on three charges- (i) While functioning as a Constable he committed an act of misconduct in his capacity as a member of the force under Section 11 (1) of the C.R.P.F. Act 1949 namely on 29.9.1996 while on active duty for civil convoy protection between Chakmaghat and Manu, when the con...
Tag this Judgment!New India Assurance Company Limited Vs. Madhu
Court: Allahabad
Decided on: Aug-31-2012
1. THE present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 6.8.2011 passed by the Motor Accidents Claims Tribunal, Kanpur Nagar in Motor Accident Claim Case No. 27 of 2009 filed by the claimantrespondent nos. 1 to 5 on account of the death of Gajendra Singh @ Amar Singh in an accident which took place on 3/4.10.2008 at 3.30 A.M. 2. THE case setup in the Claim Petition was that on 3/4.10.2008 at 3.30 A.M, the said Gajendra Singh @ Amar Singh with his cousin brother Ajitendra Singh was standing near Bhoti Tiraha, Police Station Panki, Kanpur on the extreme lefthand side of the road and was waiting for vehicle for going to his villageDhaukalpur; and that at that time, a Tractor bearing Registration No. UP 30 E4951 (hereinafter also referred to as "the vehicle in question"), which was being driven by its Driver rashly and negligently, hit the said Gajendra Singh @ Amar Singh, as a result of which, the said Gajendra Sin...
Tag this Judgment!Rajpal Singh Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Aug-31-2012
1. THIS Crl. Revision has been filed by Raj Pal Singh and others against the order dated 09.02.2010 passed by Additional District and Sessions Judge, Fast Track Court, Court No. 5, Meerut, in S.T. No. 206 of 2009 by which application under section 319 Cr. P. C. has been allowed and Suresh, Raj Kumar and Mool Chand were summoned for facing trial under section 308, 323, 325 I.P.C. 2. FROM perusal of the record, it is evident that a First Information Report was lodged by Shushil against Suresh s/o Tikram, Sanjay s/o Suresh, Neeraj s/o Suresh Pal, Raj Kumar s/o Kamlesh, r/o Gansadhal, Rajpal s/o Kuldeep r/o Sadhan, P.S. Inchauli, District Meerut, on 06.09.2008. After investigation, charge-sheet was submitted only against Neeral and Sanjay S/o Suresh Pal. After filing charge-sheet, the case was committed to the court of sessions. Charges were framed against Neeraj and Sanjay under section 308, 325, 323 I.P.C. Suresh was examined by the prosecution as P.W.1. After examination-in-chief, an ap...
Tag this Judgment!Sheo Kumar Sharma Vs. Jt Director of Education Varanasi
Court: Allahabad
Decided on: Aug-31-2012
Rajes KUMAR, J. 1. BY means of the present petition, the petitioner is challenging the order dated 8th December, 2000, passed by the District Inspector of Schools, Varanasi, Annexure-10 to the writ petition, by which the District Inspector of Schools refused to accord approval to the appointment of the petitioner and for payment of salary. 2. IT appears that on account of promotion of one Ram Naresh Singh, an Assistant Teacher in L.T. Grade, on 2.11.1987, one post fallen vacant. For filling up the said post, on adhoc basis, the Manager of the College made publication in the news paper inviting applications from eligible candidates for the post and asking them to appear for interview on 22.7.1997. In pursuance thereof, the petitioner also participated in the interview and has been selected. The petitioner has been issued an appointment letter on 29.7.1997. In the appointment letter, it has been categorically mentioned that the petitioner is being appointed on the post of Assistant Teach...
Tag this Judgment!Chandra Kumari Vs. State of U P
Court: Allahabad
Decided on: Aug-31-2012
Rajes Kumar, J. 1. HEARD Sri G.S. Bhatt, learned counsel for the petitioner and Sri Gajendra Pratap Singh, Senior Advocate, Assisted by Sri D.S.M. Tripathi, learned counsel for the respondent no.5 as well as Sri Pankaj Rai, learned Additional Chief Standing Counsel, appearing on behalf of other respondents. 2. BY means of the present petition, the petitioner is seeking a writ of certiorari quashing the approval order dated 9.7.2004, passed by the District Basic Shiksha Adhikari, Varanasi, Annexure- 4 to the writ petition and further quashing of the entire selection proceeding held on 8.4.2004 for the post of Headmistress of Sri Krishna Balika Vidyalaya Junior High School, Bula Nala, Varanasi and further a writ of mandamus to the respondent nos. 1, 2 ,3 and 4 to make a fresh selection of the candidates for appointment on the post of Headmistress. By the order dated 9.7.2004, the District Basic Shiksha Adhikari, Varanasi granted approval for selection of Smt. Meela Yadav, respondent no.5...
Tag this Judgment!Pradeep Shukla Vs. State of U P
Court: Allahabad
Decided on: Aug-30-2012
1. WE have heard Sri G.S. Chaturvedi, learned Senior Counsel for the petitioner, Sri S. Luthra, Additional Solicitor General of India for the C.B.I. However as Sri Luthra states that as he has instructions also to appear on behalf of the D.O.P.T., we have heard him in that capacity also. 2. THIS order will cover all the connected writ petitions. The background for this order may first be noticed. Disposing of Writ Petition No. 3611 (MB) of 2011 (P.I.L.), Sachchidanand (Sachchey) versus State of U.P. and other connected Writ petitions, on 15.11.2011 an earlier Division bench after examining the reports of the yearly inspections by the Central Joint Review Missions, the reports of the inspecting Central NRHM Finance teams, report of the Director of Audit and Account, Government of U.P. dated 4.7.2011 and other material brought on record by the petitioners, was satisfied that a prima facie case of gross irregularities, financial and administrative in the execution and implementation of th...
Tag this Judgment!Vishnu Kumar Vs. Presiding Officer
Court: Allahabad
Decided on: Aug-30-2012
1. PETITIONER has challenged the order dated 26.10.1996, passed by the Labour Court Faizabad in Case No. 22 of 1994 under Section 33 -C of the Industrial Disputes Act, 1947 with the prayer to compute his wages in terms of notification dated 31.1. 1991 whereby wage structures of the different kind of employees in the Vaccum Pan Sugar Factories have been revised. The petitioner claims his status as a Seasonal Guard in the factory of opposite party no. 2. It is stated that he worked during the crushing season 1982-83 to 1992-93, but he was not paid the wages as was admissible to the Seasonal Guards of the factory. He claimed difference of salary amounting to Rs.41723. 25. The claim was referred for its adjudication under Section 33-C (2) of the Industrial Disputes Act, 1947 and was registered as Case No. 22/1994. 2. THE respondents contested the matter and contended that the petitioner was purely a Daily Wages employee. He was never engaged as a Seasonal Guard in the mill; therefore, he w...
Tag this Judgment!Prakash Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Aug-29-2012
1. BY means of this writ petition, the petitioner is challenging the order dated 20.11.1999 passed by the respondent no. 3-Prescribed Authority at Mahoba by which his name has been removed from the revenue records over Gata No. 240 area 1.44 acres. 2. THE admitted facts of the case are that while proceedings of ceiling had already been initiated by the State Government against the original tenure holder Shri Jayendra Singh, the petitioner purchased a portion of the land in respect of which ceiling proceedings had already been initiated being Gata No. 240 area 1.44 acres situate in Mauza Kulpahar District Mahoba. On the basis of the sale deed dated 26.5.1975 the petitioner applied for mutation and mutation was also allowed on 26.3.1996. In paragraph 5 of the writ petition, the petitioner has admitted that during the mutation proceedings it was well within his knowledge that the land which he had purchased was under ceiling proceedings. The petitioner has sought to derive support from an...
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