Allahabad Court August 2012 Judgments
Rajesh Kumar Vs. Addl Commissioner
Court: Allahabad
Decided on: Aug-29-2012
1. HEARD Sri Anish Kumar Singh, learned counsel for petitioner, learned Standing Counsel on behalf of respondents no. 1 and 2 and Sri D.D.Chauhan on behalf of the respondent no.3, Land Management Committee as also Sri Sudama Ji Sandilya, who has filed his power on behalf of respondent no. 4 today.? Let the power be taken on record. Since all the respondents are represented, the writ petition is being decided finally today itself. By means of this writ petition, the petitioner prays for quashing of the order dated 27.02.2012 passed by the Additional Commissioner, Kanpur Division Kanpur in Revision No. 34 of 2012, Rajesh Kumar vs. Sunil Kumar Singh and others, under Section 333 of the U.P.Zamindari Abolition and Land Reforms Act (for short 'the Act') as also the order dated 19.12.2011 passed by the Sub Divisional Magistrate, Auraiya in Case No. 2 of 2010-11, Sunil Singh vs. Gaon Sabha and others, under Section 161 of the Act. 2. LEARNED counsel for petitioner has referred to paragraphs 8...
Tag this Judgment!Latoori Singh Alias Phauji Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Aug-28-2012
1. HEARD learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. LEARNED counsel for the applicant submitted that role of catching hold has been assigned to the applicant, whereas role of causing gunshot injuries to the deceased has been attributed to co-accused Rajnesh @ Badey Lalla. Learned A.G.A. opposed the prayer for bail. Considering all the facts and circumstances, the case of the applicant is distinguishable from co-accused Rajnesh @ Badey Lalla, who is said to have caused gunshot injury to the deceased, and the applicant may be enlarged on bail. Let applicant Latoori Singh alias Phauji involved in case crime no.46 of 2012 under Sections 302, 504, 506 I.P.C. and Section 3 (2) (v) S.C./S.T. Act pertaining to Police Station Allaganj, District Shahjahanpur be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions: (a) The applic...
Tag this Judgment!Vinay Shanker Trivedi Vs. Mukhya Nagar Adhikari
Court: Allahabad
Decided on: Aug-28-2012
1. HEARD Sri Rastrapati Khare, learned counsel for the petitioner and Sri Vivek Verma, learned standing counsel for the Nagar Nigam, Kanpur Nagar. 2. BY means of the present writ petition, the petitioner had sought direction in the nature of mandamus commanding the respondents to pay salary to the petitioners in a regular pay scale Rs.3050/ - 3250/-, as is being paid to the other drivers and also a writ of mandamus commanding the respondents to regularize the petitioners no. 1 to 3 on the post of driver and petitioner no. 4 on the post of hydraulic mechanic. The petitioners no. 1 to 3 were appointed as drivers and petitioner no. 4 as hydraulic mechanic in Nagar Nigam, Kanpur Nagar on daily wages on 11.04.1999. They are still working as daily wagers. Petitioners staked a claim for their regularization of services on the ground that as they had rendered services for a considerable period since 1994, therefore, in view of the government orders, their services were liable to be regularized...
Tag this Judgment!Narendra Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Aug-27-2012
1. THIS appeal emanates from the impugned judgment and order dated 14.3.1983 passed by IVth Additional Sessions Judge, Fatehpur in S.T. No. 2 of 1982, State Vs. Narendra and others, by which learned trial Judge has held all the three appellants Narendra (A-1), Dadhich @ Jageshwar (A-2) and Ram Prakash @ Nanka (A-3) guilty under Sections 302/34 and 201 IPC and has sentenced them to imprisonment for life on the first count and two years R.I. with fine of Rs.100/- on the second count, the defalut sentence being six months additional R.I. 2. DESCRIBED laconically, case against the appellants, as was alleged during investigation and later on stated by the fact witnesses during the Session's trial were that an unknown dead body surfaced in the well of Kalicharan Yadav within the precinct of village Tikri, which was spotted by one Vishal Ahir. Discovery of the dead body was intimated to watchman Raghubar (P.W. 1) on 12.8.1979 by Vishal Ahir. Watchman Raghubar (P.W.1) came to the well and spot...
Tag this Judgment!Ashish Singh Vs. High Court of Judicature at Allahabad
Court: Allahabad
Decided on: Aug-27-2012
1. THIS bunch of 20 writ petitions has been filed challenging the selections and appointments made on the post of Assistant Review Officer (hereinafter referred to as ARO) in the High Court of Judicature at Allahabad. The bunch has been nominated to this Court under order of the Hon'ble the Chief Justice. For the purposes of overseeing the selections and appointment on the post of ARO the Hon'ble The Chief Justice of the Court constituted a Judges Committee. The process of selection was initiated by publication of an advertisement in newspaper on 29.07.2009. A copy of the advertisement has been enclosed as Annexure-SCA-6 to the supplementary counter affidavit filed on behalf of the High Court. The advertisement mentions that the selection process shall comprise of following phases: (a) preliminary written examination, (b) main written examination (preliminary being objective in nature and main being subjective in nature), (c) computer knowledge test and (d) interview. The preliminary w...
Tag this Judgment!Smt. Sudha Sharma Vs. Smt. Shashi Bala Sharma
Court: Allahabad
Decided on: Aug-27-2012
Anil Kumar Sharma, J. Challenge in this appeal is to the order dated 21.5.2011 passed by Addl. Civil Judge (S.D.), Court no. 2, Ghaziabad in O.S. no. 859 of 2006 whereby issue no. 8 regarding payment of court-fee has been decided against the appellant and she has been directed to pay ad voleram court-fee on relief-A at Rs. 40.0 lacs. Facts germane to the appeal are that the plaintiff-appellant filed aforesaid suit for declaration that the will dated 16.7.2004 (the 2004-Will) is void, ineffective and had been executed without free will of Smt. Pushp Kirti Sharma and the plaintiff is entitled to get suit property according to will dated 17.1.1991 (the 1991-Will) and the declaration of the Court be intimated to Sub-Registrar, Ghaziabad. The plaintiff further sought relief of injunction restraining the defendant from interfering in plaintiff's possession over house no. KK-160, Kavi Nagar, Ghaziabad and she be restrained from alienating the house on the basis of the 2004-Will. By way of ame...
Tag this Judgment!Ajai Kumar Gupta Vs. Usha Sharma
Court: Allahabad
Decided on: Aug-24-2012
Prakash Krishna, J. 1. THIS appeal is against the original judgment of the court below. The facts of the case unfolds the usual story--sale of entire property of the deceased by one of the co-heirs, after getting mutated in his or her name surreptitiously and the vendor falls back on section 41 of the Transfer of Property Act to protect the sale. 2. DURGA Datt Mahay (father of the plaintiff and of defendants no. 1 to 5) was the owner in possession of the property described as KF-94, New Kavi Nagar, Ghaziabad, U.P., a residential house having two storey building. He was perpetual lessee of the plot from Ghaziabad Development Authority. He retired as an Additional District Magistrate (Judicial) in the year 1969 from Meerut. After his retirement, he got constructed the house thereon. Sri Durga Datt Mahay constructed ground floor and and resided in the front portion with his wife Ratna Mahay (somewhere typed as Ratna Devi) and with his one of the daughters Km. Kamlakshi Mahay who was menta...
Tag this Judgment!National Insurance Co Ltd. Vs. Kulwanti Kaur
Court: Allahabad
Decided on: Aug-24-2012
Devi Prasad Singh, J. 1. WE have heard Sri Ashish Kumar Srivastava, learned counsel for the appellant, Sri Rajendra Jaiswal, and Shri Shashank Singh, learned counsel for the respondents and perused the record. The instant appeal under Section 173 of the Motor Vehicle Act (hereinafter referred to as the Act) has been preferred against the impugned award dated 31.1.2004 passed in Motor Accident Claim Petition No. 135 of 1999 by Motor Accident Claims Tribunal/Additional District Judge, Kheri. 2. DECEASED Kashmir Singh was a truck driver bearing no. UP 65- H/0691. On 3.6.1999 he was coming from Madhya Pradesh after loading iron. When he reached near town Kablapur, stopped the truck and came down from the truck and was checking the tyre after parking on roadside. An unknown vehicle came in a rash and negligent way and collided with deceased Kashmir Singh, who succumbed to the injuries at the spot on 13.6.1999 at 3.45 pm near Kablapur. An FIR was lodged and dependent of the deceased approach...
Tag this Judgment!Rajendra Kumar Dwivedi Vs. Commissioner of Income Tax Kanpur
Court: Allahabad
Decided on: Aug-24-2012
1. WE have heard Shri Krishna Agrawal for the appellant- assessee. Shri Dhananjay Awasthi appears for the respondent- department. 2. THESE three income tax appeals under Section 260A of the Income Tax Act, 1961 (the Act) filed by the appellant-assessee, are directed against common order of the Income Tax Appellate Tribunal dated 31st December, 2001 deciding Income Tax Appeal Nos.2038 (A) of 1995; 220 (A) of 1997 and 728 (A) of 1999 for the assessment years 1989-90, 1990-91 and 1991-92 respectively. The appeals were admitted on 27.8.2007 on the following substantial questions of law:- "(i) Whether on the facts and in the circumstances of the case, Tribunal is legally justified in confirming the order of the Assessing Authority computing capital gain? (iv) Whether on the facts and in the circumstance of the case, Tribunal is legally justified in confirming the order of the Assessing Authority and estimating business income for the sale of the land?" Brief facts giving rise to these incom...
Tag this Judgment!Oriental Insurance Co Ltd. Vs. Ram Ratan
Court: Allahabad
Decided on: Aug-24-2012
Devi Prasad Singh, J. 1. THIS is an appeal under Section 173 of the Motor Vehicles Act (in short, Act) against the impugned award dated 19.5.2012, passed in Motor Accident Claims case No.435 of 2007. 2. THE claimant Ram Ratan had filed the claim petition under Section 166 of the Motor Vehicles Act against the appellant as well as respondents 2 and 3 on account of injuries sustained in an accident on 25.7.2007 while driving a bus bearing No.UP-32-Z-1877. The accident was alleged to have caused by UPSRTC Bus No.U.P.-40-D-4801 on 25.7.2006 when the claimant was driving the bus and reached near the forest barrier on Sitapur Road, P.S. Maniyao, Lucknow. Bus No.U.P.-40- D-4801 coming from reverse direction being driven rashly and negligently hit the claimant's bus No.UP-32-Z-1877. In consequence thereof, the claimant suffered grievous injuries. The claimant was driving private bus as its driver carrying passengers from Lucknow to Azmer Sharif. On account of injuries caused in the said accide...
Tag this Judgment!- ‹ Prev
- 1
- 3
- 4
- 5
- Next ›
- Last »