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 : Jan-08-2002
Reported in : (2002)1UPLBEC313
K.T. Thomas, J. 1. We are sad that the disciplinary committee of the Bar Council of India (for short 'the disciplinary committee') despite being the acru statutory body entrusted with the upkeep of the probity of legal profession in India opted to treat a very grave professional misconduct in a comparatively lighter vein. The disciplinary committee held an advocate guilty of breach of trust for misappropriating the asset of a 'poor' client. But having held so, the disciplinary committee has chosen to impose a punishment of suspending the advocate from practice for a period of three years.2. The delinquent advocate filed this appeal under Section 38 of the Advocates Act, 1961 (for short 'the Act'). We told him that in the event of this Court upholding the finding of misconduct, he should show cause why the punishment shall not be enhanced to remove his name from the roll of the Bar Council of the State concerned. Notice on that aspect has been accepted by Mr. M. M. Kashyap, learned Coun...
Tag this Judgment!Court : Allahabad
Decided on : Feb-01-2002
Reported in : 2002CriLJ2216
U.S. Tripathi, J.1. This appeal has been directed against the judgment and order dated 17-2-1981, passed by Sri D.C. Srivastava, the then Addl. Sessions Judge, Gyanpur, district Varanasi in S.T. No.9 of 1980, convicting the appellant under Section 396 IPC and sentencing him to undergo R.I. for a period of seven years and to pay a fine of Rs. 500/-. In default of payment of fine he was further sentenced to undergo one year's R.I.2. The prosecution story, briefly stated, was as under :-Raj Narain (PW4) had his house at village Pandeypur, P.S. Suriyawa, district Varanasi. Ram Adhar deceased was uncle of Raj Narain (PW4). On the night of 16-10-1979, Raj Narain was sleeping in his verandah of Dalan. Ram Adhar, deceased was sleeping outside the house under a Neem tree. Ladies of his house were sleeping inside the house. At about 10-11 p.m. 10-11 dacoits armed with country made pistols, lathis and torches came to the house of Raj Narain, (PW4). The dacoits caused injuries to Raj Narain (PW4)....
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 : Feb-20-2002
Reported in : 2002CriLJ2683
1. This appeal arises out of the judgment and order dated 26-2-1981 passed by Shri M.G. Godbole, the then Sessions Judge, Jalaun at Oral in Sessions Trial No. 153 of 1980 whereby the above named appellants have been convicted and sentenced to imprisonment for life under Section 302 read with Section 34 I.P.C.2. Prosecution story, in brief, is that in the evening hours of 11-8-1980, Chhadami, P.W. 1, father of deceased, was sitting on the chabutra of his house. His cousin Hari Singh, P.W. 2, Gopal, P.W.3 and Ram Swaroop were also present there. They all were talking with each other. At about 7.30 p.m. Jalim Singh, Chhadami's son went out of the house to purchase Biri, shortly thereafter Chhadami and other witnesses heard cries of Jalim Singh coming from the side of Khandhar (dilapidated house) of Khannaji, which was situated in the east of the house of the complainant at a far distance. Chhadami and the above named witnesses rushed towards that side and saw that all the three appellants...
Tag this Judgment!Court : Allahabad
Decided on : Mar-01-2002
Reported in : 2002CriLJ2918
J.C. Gupta, J.1. All the four above named appellants have been sentenced to death under Section 302 read with Section 149 I.P.C. for committing the murder of Surendra Singh son of Rajvir Singh aged about 26 years. Appellant Rakesh has further been sentenced to two years R.I. and fine of Rs.2000/- for causing injuries to Smt. Krishna Devi, P.W.2, the mother of deceased Surendra Singh.2. As per the prosecution case incident occurred on 13-6-1992 at about 8 p.m. near the house of Amilal in village Mithli within the area of police station Baghpat, which was then in District Meerut. Appellants Ram Kumar, Jai Prakash and Devesh Kumar were said to be armed with country made pistols while appellant Rakesh and co-accused Parvendra with PHARSA and SPEAR respectively. It is alleged that all the accused persons caused as many as 19 injuries to Surendra Singh from their respective weapons. Shrieks and cries of Surendra Singh attracted his mother Smt. Krishna Devi, P.W.2 and brother Udai Singh to th...
Tag this Judgment!Court : Allahabad
Decided on : Mar-11-2002
Reported in : (2002)2UPLBEC1440
Jagdish Bhalla, J.1. Glories are the ways to come in limelight or to hit the headlines of news daily, may be in the field of Science, Art, Culture, Law or bravery but for all such achievement one has to play long innings. Here is a petitioner who wants to hit the columns of the news papers and come in limelight through shortcut by filing a writ petition before this Court without doing any preparation and sincere efforts though he is a journalist by profession.2. This Court has certain obligation towards the society while exercising its jurisdiction under Article 226 of the Constitution particularly with respect to Public Interest Litigation. The Courts have further shown their sense of responsibility by dealing with such matters so that the concept of the Public Interest Litigation shall not be diluted. Whenever a Public Interest Litigation is filed the responsibility is not of the petitioner alone, the same is equally shared by the member of the Bar who represents the petitioner and i...
Tag this Judgment!Court : Allahabad
Decided on : Mar-22-2002
Reported in : 2002(3)AWC2072; [2002(92)FLR213]
Jagdish Bhalla and Bhanwar Singh, JJ. 1. Certain issues create a platform on which someone can just rise and emerges into instant limelight. This practice of indulging into sensitive and important matters should be checked and curbed with a firm will so that the habit of sensationalisation is put to an end. 2. The dispute regarding Ram Janam Bhumi and Babri Masjid is one of such matters, accordingly petitions are being filed before this Court. Writ Petition No. 1197 (M/B) of 2002, Sushil Vidyarthi v. Union of India and Ors., was filed before this Court by a journalist only few days ago. Now instead of journalist, a member of the Bar from Ajmer, Rajasthan has come before this Court with a prayer that a direction be issued for the construction of Babri Masjid at Ayodhya on the disputed site. It has been further prayed that 'Ram Chabutra' and 'Kaushalya Rasoi' be also constructed where the same were situated and after the construction of such Masjid, an arrangement for security be made an...
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...
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