Allahabad Court September 2012 Judgments
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Satnam Kaur Vs. State of U.P.
Court: Allahabad
Decided on: Sep-06-2012
1. Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for opposite party no.6 and gone through the records. 2. The petitioner has sought for issue a writ in the nature of mandamus commanding learned IIIrd Additional District Judge, Lakhimpur Kheri to decide misc. case no.167 of 2009 (Smt. Satnam Kaur v. Satendra Pal Singh and others), which is pending for the last more than three years for grant of probate. In connection with this trial, the petitioner has earlier filed writ petition (M/S) no.7283 of 2010, which was disposed of finally with direction to IIIrd Additional District Judge, Lakhimpur Kheri to decide the case expeditiously preferably within a period of six months from the date of receiving the certified copy of order after hearing the learned counsel for the parties on merit in accordance with law. It is really disgusting to note that the learned Trial Court did not pay any heed to the directions of this Court. Now it is an ope...
State of U.P. Vs. Ram Kishan
Court: Allahabad
Decided on: Sep-06-2012
1. This is defendants' appeal against judgment and decree dated 28th April, 1998 passed by Sri J.P. Pandey, Civil Judge (Senior Division), Muzaffarnagar in O.S. No.143 of 1995, decreeing the suit, declaring that the amount recovered by the defendants from the plaintiff towards the arrears of licence fee without adjusting the damages suffered by the plaintiff is illegal. A decree for mandatory injunction directing the defendants to adjust Rs. 10,01,520/- first towards the damages suffered by the plaintiff was passed. Further, the amount recovered as pendente lite may also be adjusted and final accounting be done. It has also been provided that if any excess amount is found due to the plaintiff, it shall carry six per cent interest. 2. Ram Kishan, the plaintiff, an excise licensee under the U.P. Excise Act, instituted the aforesaid suit on the allegations that he in the auction dated 26th April, 1977 took four liquor shops for the excise year 1977-1978 held at Muzaffarnagar for a sum of ...
State of U.P. Vs. Vijay Kumar Talwar
Court: Allahabad
Decided on: Sep-06-2012
Prakash Krishna, J. 1. The above appeal has been preferred by the defendants of the O.S. No.255 of 1984 against the original judgment and decree dated 31st March, 1990 passed by the 3rd Additional Civil Judge (Sri V.K. Srivastava). 2. The Court below has decreed the suit for recovery of Rs.18,18,728- 88 by providing that out of the said sum, a sum of Rs.7,10,282/- be adjusted which is due to the defendants towards the balance licence fee. Vijai Kumar Talwar instituted the above suit as an indigent person for recovery of the amount mentioned in the relief clause with the allegations that he along with three persons namely Sunder Lal Yadav, Bhagwati Prasad Mishra and Ratan Lal Talwar was licensee of 18 country liquor shops known as "Bareilly Group of Country Liquor Shops" for the Excise Year 1977-78 commencing from 24th April, 1977 to 31st March, 1978. Under the license, the plaintiff asserts that the licensees were entitled to open the shops from 10:00 AM to 10:00 PM. On 18 th September...
Raghuraj Bahadur Vs. State of U.P.
Court: Allahabad
Decided on: Sep-05-2012
1. Heard learned counsel for the petitioner and learned Standing Counsel representing the respondents. 2. By means of this petition, under Article 226 of the Constitution of India, the petitioner, who is Constable and posted in the Summon Cell since 2011, has challenged the order dated 30.07.2012 passed by Superintendent of Police, Kannauj transferring his services along with various other Constables from Summon Cell, Kannauj to Police Station Chibramau, Kannauj on the ground that there is no prior permission of District Judge/Chief Judicial Magistrate hence his transfer is in violation of the circulars issued by this Court. I have considered the submission made by the learned counsel for the petitioner and perused the record. It is well settled legal position that transfer is an incident of service and normally the same is not interfered with unless found to be malafide or in violation of any statutory provision or by way of punishment. 3. In the instant case, there is no such allegat...
Saraswati Inter College Pipalheda, Muzaffar Nagar Vs. State of U.P.
Court: Allahabad
Decided on: Sep-04-2012
1. The petitioner Committee of Management, Saraswati Inter College Pipalheda, Muzaffar Nagar through its Manager Rajendra Prasad has challenged the order dated 26th July, 2012 whereby the Joint Director of Education Saharnapur Region Saharanpur has appointed an Authorised Controller in the Institution in Public Interest with immediate effect. 2. The Joint Director of Education is Yogendra Nath Singh who has filed a Exemption Application alongwith an affidavit and in paragraph 4 thereof has tendered an unconditional apology reciting that he has realized his mistake and that the order under challenge was untenable in law. He has further stated in his affidavit that the order cannot be justified in any manner and it was only a bona-fide mistake for which he should be excused. The impugned order was challenged on the ground that the petitioner Committee of Management was constituted on completion of the election process on 26.12.2011 and the documents were submitted for the attestation of ...
Pramod Rai Vs. State of U.P.
Court: Allahabad
Decided on: Sep-04-2012
1. I have heard learned counsel for the revisionist and the learned A.G.A. for the State. Considering the nature of the order that is being passed, I do not consider it necessary to call for a reply or the records of the court below, as the relevant material has already been brought on the record. The learned A.G.A. also does not pray for time to file a counter-affidavit, as the same would only delay the proceedings. By this revision, the revisionist, who is the informant,? has challenged the order dated 30.06.2012 passed by the Additional Sessions Judge, Court No.1, Gorakhpur in Session Trial No. 270 of 2011, whereby the application of the revisionist, under Section 319 Cr.P.C., to add Vijay Narayan Rai as accused, has been rejected. The contention of the learned counsel for the revisionist is that with regard to unnatural death of the sister of the revisionist, a first information report was lodged as Case Crime No. 19 of 2011 at P.S. Sikriganj, District Gorakhpur against Bhagwat Rai...
Chandra Metal Company Vs. Avtar Singh
Court: Allahabad
Decided on: Sep-04-2012
1. This writ petition has been preferred by the petitioners with the prayer to issue a writ in the nature of certiorari quashing the order dated 18.03.2010, passed by Additional District Magistrate (Trans Gomti)/Rent Control and Eviction Officer, Lucknow, declaring vacancy of the shop in tenancy of the petitioners and also for quashing the order dated 04.05.2011 passed by the In-charge District Judge, Lucknow dismissing the revision filed by the petitioners against the aforesaid order, which are contained as Annexure Nos. 1 and 3 to the writ petition. 2. The brief facts of the present case are that the landlords moved an application before the Rent Control and Eviction Officer under Section 16(1)(b) of the U.P. Act No.13 of 1972 on 13.05.1988 to the effect that tenancy has arisen with regard to four shops situated in House No.27, Gautam Budh Marg, police staton Aminabad, Lucknow and release of the tenanted premises thereof, which was registered as case no.1 of 2010. The Rent Control an...
Dhir Singh and Others Vs. State of U.P. Through Prin. Secy. Home Deptt ...
Court: Allahabad
Decided on: Sep-04-2012
Ritu Raj Awasthi, J. Heard Mr. S.K. Kalia, learned Senior Advocate assisted by Mr. Ankit Pandey, learned counsel for petitioners as well as Mr. Abhinav N. Trivedi, learned Additional Chief Standing Counsel for the State and perused the records. The writ petition has been filed challenging the order dated 31.7.2012 and the order dated 21.6.2012 as well as the consequential relieving order dated 17.7.2012 so far as it relates to petitioners whereby petitioners have been sent back and relieved thereafter to Provincial Arms Constabulary (for short 'PAC') from Security Branch, Intelligence Department, U.P., Lucknow and representation of petitioners has been rejected. Learned counsel for petitioners submitted that vide Government Order dated 26.10.2002 issued by the Special Secretary, Department of Home, Government of U.P., Lucknow a special security force under intelligence department having sanctioned strength of 2277 personnel in different categories was created out of which 1629 posts be...
Shalini Asha Chopra Vs. Chairperson Debts Recovery Appellate Tribunal
Court: Allahabad
Decided on: Sep-03-2012
1. The borrower and the guarantors of the financial assistance granted by the State Bank of India have filed this petition for quashing the order dated 2nd April, 2012 passed by the Debts Recovery Tribunal, Allahabad by which the application filed by M/s. Kotak Mahindra Bank Ltd. (hereinafter referred to as the 'Kotak Mahindra Bank') for its substitution in place of the State Bank of India in the recovery certificate on the basis of the assignment deed dated 29th March, 2006 has been allowed. The petitioners have also sought the quashing of the order dated 11th May, 2012 passed by the Debts Recovery Appellate Tribunal by which the appeal filed by the petitioners for setting aside the aforesaid order of the Debts Recovery Tribunal has been dismissed. 2. It transpires from the records of the writ petition that petitioner no.3- M/s. Chopra Fabricators and Manufacturers Pvt. Ltd., which is engaged in fabrication and manufacturing work, was granted financial assistance by the State Bank of ...
Jiyaul Hasan and Others Vs. State of U.P. and Another
Court: Allahabad
Decided on: Sep-03-2012
Sunil Hali, J. This petition under Section 482 Cr.P.C. has been filed for quashing of the entire proceedings in Criminal Complaint Case No. 179 of 2011 (Km Sainki Alam Vs Jiyaul Hasan and others) under Section 12 of the Protection of Women From Domestic Violence ACt 2005, P.S. Shahganj, District Agra pending before the 4th ACJM, Agra. Allegations contained in the complaint against the applicants are that being father of the complainant he was not taking any steps to get his daughter married who is respondent no. 2 in the complaint. It is further alleged that she had requested the applicants that she is of marriageable age and wants to get married. This is said to have infuriated her parents and the other applicants arrayed as accused in the complaint are said to have beaten her. It is also alleged in the complaint that she was threatened by the applicants as a result of which she left house of father and is living with her maternal grant father. Incident is said to have taken place on ...
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