Court : Allahabad
Decided on : Jul-23-2002
Reported in : 2002(4)AWC2787
..... landlord-respondent no. 2, sharad chandra mishra filed a suit bearingsuit no, 156 of 1994 for ejectment of the petitioner-tenant from house no. ck-32/1, 2, 3, mohalla nepali khapra, varanasi, which is a non-residential accommodation in which one late smt. gangajali was the tenant. originally it was let out to kedar nath, who was tenant and after .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-28-2002
Reported in : 2003(1)AWC455
..... are not necessarily women of bad character but have been driven to the profession due to acute poverty in their family. it was reported in the press that 1,200 nepali girls are sold every year by their parents and brought to brothels in calcutta and elsewhere because the parents cannot feed those girls. similar is the plight in various parts .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-19-2002
Reported in : 2002CriLJ4274
K.K. Misra, J.1. Present appeal is preferred against the judgment and order dated 12-4-1996 passed by Sri S.K. Ratoori 1st Additional District Judge, Siddharthnagar convicting the sole appellant Munna under Section 20(b)(2) and Section 23 of Narcotic Drugs and Psychotropic Substances Act (in short N.D.P.S.) Act sentencing him with 15 years rigorous imprisonment and a fine of Rs. 1,00,000/- and further in default of payment of fine rigorous imprisonment for 2 years.2. In brief the case of the prosecution is that on 17-10-1994 at about 6.30 p.m. Inspector Custom Sri B.K. Srivastava, Incharge Custom Station Khunwa, District Siddharth nagar, received an information that a person carrying Charas from Nepal shall be passing through this route. Consequently Sri B.K. Singh PW 1, complainant summoned two independent witnesses and took position near the Barrier to apprehended the culprit. At about 7.00 p. Jeep No. 5560 was seen coming from Nepal side and when it reached near the Barrier the Cust...
Tag this Judgment!Court : Allahabad
Decided on : May-15-2002
Reported in : 2002(3)AWC2271; (2002)2UPLBEC1720
G.P. Mathur, J. 1. This writ petition under Article 226 of the Constitution has been filed by 175 students of Smt. Harpyari Devi Inter College, Rohai, district Hathras (Mahamaya Nagar) praying that a direction be issued to Madhyamik Shiksha Parishad, U. P. (Board of High School and Intermediate Education, Allahabad) to allot roll numbers to them and to permit them to appear in the High School examination which was scheduled to commence on 18.3.2002. 2. There is an institution known as Smt. Harpyari Devi Inter College, Rohai, district Hathras (Mahamaya Nagar) (hereinafter referred to as theinstitution), which is recognised by the Board of High School and Intermediate Education, U. P., Allahabad (hereinafter referred to as the Board) in accordance with U. P. Intermediate Education Act, 1921 (hereinafter referred to as the Act). The institution, however, does riot receive grant-in-aid from the State Government. The writ petitioners claim that they are regular students of High School class...
Tag this Judgment!Court : Allahabad
Decided on : Aug-29-2002
Reported in : 2003CriLJ163
ORDERS.N. Srivastava, J. 1. This reference under Section 12 of the Contempt of Courts Act was registered by the order of Chief Justice dated 1-8-1996 on the request of the then District Magistrate Hamirpur made through letter dated 27th April, 1996.2. In a suit instituted under Sections 229B/209/202 of the U.P.Z.A. & L.R. Act, an order was passed on 14-12-1991 in exercise of power under Section 229-B which was made absolute on 12-2-1992 in case No. 334/123/35 of 1986-87 Nagar Palika Rath v. Ayodhya Prasad and others. It is alleged in the reference that Bihari Lal, Amar kumar and Arvind have willfully disobeyed the orders dated 14-12-1990 and 12-2-1992 passed by S.D.M. in which they were restrained from using the water of pond in dispute for irrigation or altering the shape of the pond. It transpires from the record, that notices have not yet been issued to the Opp. Parties.3. Heard Sri Satish Chand Rai, Addl. Chief Standing Counsel. In the light of the materials on record and the submi...
Tag this Judgment!Court : Allahabad
Decided on : Apr-16-2002
Reported in : 2002(2)AWC1611; (2002)3UPLBEC2181
Sunil Ambwani, J. 1. Petitioner Syed Haider All Naqvi has challenged order dated 3.7.1989 passed by the District Basic Shiksha Adhikari. Allahabad, terminating his services and order dated 2.2.1991 passed by the Secretary, Basic Shiksha Parishad dismissing his appeal.2. The facts, giving rise to the present writ petition, are stated as under ;'Petitioner was appointed as assistant teacher (Urdu) in a primary school in 1972. He was transferred to Newada from where he was sent and completed B.T.C. training in August, 1979. He was transferred to Primary School, Phoolpur in 1982 and was thereafter transferred back to Primary School, Newada, Block Bahariya district Allahabad. A writ petition was filed by him against the transfer order in which the order was stayed on 19.8.1982. He was again transferred on 11.10.1988 to Junior High School. Tharwai, Block Soraon, district Allahabad and thereafter to Primary School. Lotar, Block Meja, district Allahabad by order of the District Basic Education...
Tag this Judgment!Court : Allahabad
Decided on : Aug-03-2002
Reported in : (2003)1UPLBEC312
Binod Kumar Roy and M.P. Singh, JJ.1. Whether the respondent who is a member of Higher Judicial Service of our State, for non-declaration of results of Intermediate Examination, 1997 of his own son could have initiated suo motu judicial proceedings in his own Court, proceeded to pass orders for production of Answer Books of his son and held guilty the Educational Authorities of the State after holding an Enquiry of committal of alleged offences under Indian Penal Code, Section 340 Cr PC and even guilty of committal of Contempt of Court Act and decided to make reference thereunder And whether this Court will be justified in interfering with his acts and orders/directions under Article 226 of the Constitution of India? are the core questions which have cropped up for adjudication in this writ proceedings.The Prayers :2. The petitioners - the State of Uttar Pradesh and the Director of Education (Secondary)-cum-Chairman, U.P. Board of High School and Intermediate Education, U.P., Allahabad...
Tag this Judgment!Court : Allahabad
Decided on : Sep-27-2002
Reported in : 2003CriLJ1077
Y.R. Tripathi, J.1. This Government appeal is directed against the judgment and order dated 13-9-1985 passed by Sri Tirtha Raj, Ilnd Addl. Sessions Judge, Banda in S.T. Nos. 10 and 511 of 1984 whereby the learned trial Court haying given the benefit of doubt to the respondents-accused has acquitted them of the charges under Sections 148, 302, I.P.G. read with Section 149, I.P.C. and 307, I.P.C. read with Section 149, I.P.C.2. The place of occurrence is village Piprahiya, which lies five kms to the south of the Police Station, Pailani.3. The prosecution case, in short, is that on 19-8-1982 around 8.00 a.m. deceased-Raj Bahadur Singh accompanied by his mother P.W. 2 Smt. Surswatia was going to the well lying at about 55 paces to the south west of his house to take bath. He was two paces ahead of his mother. When he had settled hardly a distance of 15 paces from his house it is said that the respondent along with one Angad (since absconding) reached there and on the extortion of responden...
Tag this Judgment!Court : Allahabad
Decided on : Feb-05-2002
Reported in : 2002CriLJ2219
M. Katju, J.1. This writ petition has been filed against the impugned detention order dated 23-10-2000 passed under the Cofeposa which is said to have been served on the petitioner on 6-7-2001 vide Annexure-5 to the writ petition.2. We have heard the learned counsel for the parties.3. A perusal of the grounds of detention which has been annexed to the detention order shows that the allegations against the petitioner are that on 4-3-2000 at about 1 a.m. the Custom and Revenue authorities detained four persons including the petitioner travelling in the down train the Gorakhpur railway station. The petitioner and his associates on questioning accepted that they were secretly carrying foreign currency. They were brought to the office of the Reve-nue Intelligence Department, Gorakhpur where these persons took out two bundles of foreign currency each from their person and placed them before the authorities. This consisted of about 42,000 American dollars. These persons stated that they were ...
Tag this Judgment!Court : Allahabad
Decided on : Oct-04-2002
Reported in : 2003CriLJ1310
R.C. Deepak, J.1. This is a criminal appeal against the judgment and order of the then VIth Additional District and Sessions Judge, Allahabad dated 24-1-1981 in S.T. No. 74 of 1980 convicting and sentencing the accused appellants under Section 302/34, I.P.C. to life imprisonment.2. The prosecution case briefly stated is that on 8-11-1979 at about 7.30 p.m. the informant Ram Badan's brother Ram Chandar deceased was sitting on a Takhat in front of the door of his house. At that time the accused appellant Sukru happened to come to him and started talking to him. In the course of their talks, they scuffled with each other. In the mean time, Munni Lal Premi Son of Kanhai Lal, Prabhu Nath Son of Vishram, Ram Narain alias Narain, brother-in-law of Munni Lal Premi, Paras Nath Son of Titir, Jamuna Son of Kakhnu, Ganga Ram Son of Khakhnu, Babu Lal Son of Ram Autar and Sant Lal Son of Ram Autar with the common object of killing Ram Chander pounced upon him while inciting, exciting and provoking o...
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