Allahabad Court March 2015 Judgments
Dharam Pal Singh Vs. State of U.P. and Others
Court: Allahabad
Decided on: Mar-31-2015
The special appeal is from a judgment and order of the learned Single Judge dated 19 December 2014 by which a writ petition filed by the appellant under Article 226 of the Constitution has been dismissed. The appellant was a Constable in the State Police. He was initially appointed on 1 July 1974 and continued to serve until 20 November 1996 when he was dismissed from service under Rule 8 (2) (b) of the U P Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991. The dismissal was on the basis of a report dated 31 October 1996 finding that the appellant had been noticed to be under the influence of liquor on 23 September 2006 and to have misbehaved in that condition. Admittedly, no disciplinary enquiry was held. The appellant filed a writ petition (Civil Misc. Writ Petition No.6483 of 1999) challenging the order of dismissal. The writ petition was allowed by a learned Single Judge of this Court on 25 August 2004 and the order of dismissal was set aside. There was a...
Tag this Judgment!Veer Pal Singh Vs. State of U.P. and Others
Court: Allahabad
Decided on: Mar-30-2015
The appeal arises from a judgment of the learned Single Judge dated 12 February 2015 dismissing a writ petition filed by the appellant for challenging the validity of an order dated 17 August 2007 terminating his services as a Constable in the Provincial Armed Constabulary1 on the ground of suppression of material facts. A criminal case was registered against the appellant in 2004 under Sections 323, 452, 504 and 506 of the Indian Penal Code2 at Police Station Chhibramau, District Kannauj. The criminal case was registered as Case Crime No.136 of 2004 and a charge sheet was submitted on 10 August 2004. An advertisement was issued for the recruitment of Constables to the PAC on 2 May 2006. In response to the advertisement, the appellant applied for selection. In the affidavit, which the appellant filed in support of his application, he stated that there was no criminal case pending against him; there was no criminal case against him in the past (Item no.3) and that no criminal case was p...
Tag this Judgment!State of U.P. Vs. M/s. Harnam Singh
Court: Allahabad
Decided on: Mar-24-2015
This First Appeal From Order is directed against the order dated 10-12-2014 passed by the District Judge, Kanpur Dehat rejecting application filed by the appellant under Section 34 of the Arbitration and Conciliation Act, 1996 (in short 'Act, 1996') for setting aside the award dated 22-12-2010. We have heard Sri S.K.Mehrotra, learned Standing Counsel for the appellant. The question which arises for consideration is whether the provisions of Section 5 of the Limitation Act, 1963 are attracted in case of an application challenging an award under Section 34 of the Act, 1996 filed beyond the prescribed period of limitation. Shorn of unnecessary details, facts relevant for the purpose of the case are as under : Two agreements dated 25-11-1997 and 19-06-1999 in respect of construction of drain-cum-inspection path under 'Usar Bhumi Sudhar Yojna' and in respect of construction of roads, drain and culverts were executed between the appellant on one hand and claimant-respondent on the other. The...
Tag this Judgment!Rajendra Singh Vs. State of U.P. and Others
Court: Allahabad
Decided on: Mar-10-2015
1. Petitioner before this Court seeks a writ of mandamus directing the respondent no. 2 to extend the period for transportation of sand/moram lying on Gata No. 114 at Village Chandaut, Tehsil Sarila, District-Hamirpur. 2. Brief facts as are born out from the records of the present writ petition are: the Sub-divisional Magistrate, Sarila, District- Hamirpur alongwith other officers of mines department had found illegal storage of sand and moram of about 3,000 Cubic Meter by the petitioner. The sand was seized and was given in Supurdagi of the petitioner. 3. It is the case of the petitioner that he had purchased the sand from a lease holder after making payment of consideration (which allegations are wholly vague and not supported by any evidence). It is further his case that an offence was committed by him by storing sand, in view of Section 4 (1A) of Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as the Act 1957). The petitioner made a representation...
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