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 : 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 : 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 : 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 : Aug-07-2002
Reported in : 2003CriLJ2693
Vishnu Sahai, J.1. Five persons namely; Veer Bhadra, Jai Karan, Babu, Mahesh and Bhan Chand were tried by the IInd Addl. Sessions Judge, Sitapur in Sessions Trial No. 329 of 1979 for offences punishable under Sections 148, 302, 302/149 and 307 149, I.P.C. vide judgment and order dated 22-8-1980 the learned trial Judge acquitted Mahesh and Bhan Chand on all the counts but convicted, and sentenced Veer Bhadra, Jal Karan and Babu in the manner stated hereinafter :--Veer Bhadra :-- Under S, 148, I.P.C. to two years R.I.; under Section 302, I.P.C. and Sections 302/149, I.P.C. to imprisonment for life; and under Sections 323/ 149, I.P.C. to six months' R.I. Jai Karan and Babu :-- Under Section 148, I.P.C. to two years R.I. under Sections 302/149, I.P.C. to imprisonment for life; and under Sections 323/149, I.P.C. to six months R.I. The substantive sentences of the said accused persons were directed to run concurrently.2. Aggrieved by their convictions and sentences Jai Karan, Veer Bhadra and...
Tag this Judgment!Court : Allahabad
Decided on : Aug-20-2002
Reported in : 2003CriLJ205
S.K. Agarwal, J.1. These two criminal appeals, being Criminal Appeal No. 829 of 1996 (filed on behalf of Bansh Bahadur Singh and Jat Pratap Singh alias Ram Pratap Singh) and Criminal Appeal No. 776 of 1996 (filed on behalf of Narendra Singh alias Natey Singh) arise from the judgment and order dated 23-4-1996 passed by the then Sessions Judge, Azamgarh. These three appellants were convicted and sentenced to imprisonment for life under Sections 302/34, I.P.C. for committing murder of Vinod Singh and Pramod Singh, They were, however, acquitted of the charges under Section 307, I.P.C. read with Section 34, I.P.C, and Sections 504/506, I.P.C. for making an attempt on the life of complainant Ram Kesar Singh. The learned Sessions Judge had also acquitted them for the murder of Smt. Usha Devi wife of Ram Kesar Singh, the first murder in the chain. Since the appeals arise from a common judgment we have heard them together and decide them by this common judgment. It may be noteworthy that no Gov...
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 : Sep-26-2002
Reported in : 2003CriLJ1095
M.C. Jain, J.1. The appeal has been preferred by three accused-appellants, namely, Shankar Singh, Shatrughan Singh and Lala Ram against the judgment and order dated 20-1-81 passed by Sri K. Section Rakhra, the then V Addl. Sessions Judge, Jalaun at Orai in Sessions Trial No. 115 of 1980, convicting them under Section 302, I.P.C. and sentencing each of them to undergo life imprisonment and to pay a fine of Rs. 1000/-. The appeal has abated so far as the appellant Lala Ram is concerned, as he has died.2. Salient features of the case, as emerging from the F.I.R. and the evidence adduced in the Court, may be detailed briefly. The incident occurred on 14-6-79 at about 7 p.m. in village Ukasa, P.S. Ata, District Jalaun. The report of the incident was lodged the following day i.e. 15-6-79 at 10.30 a.m. by P.W. 2 Smt. Chirauja alias Bari Bahu-mother of the deceased. The distance of the police station was about 3 miles. On the fateful day and time, the informant was sitting at her door when Jog...
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 : Sep-27-2002
Reported in : 2003CriLJ1080
M.C. Jain, J.1. The appellant Waseem was charged under Section 307, I.P.C. but on trial was convicted under Section 324, I.P.C. and sentenced to rigorous imprisonment of 15 months with a fine of Rs. 500/-. In default of payment of fine, he was 'ordered to undergo further six months rigorous imprisonment. Out of the amount of fine of Rs. 500/- half was directed to be paid to injured Bholu. The judgment was pronounced by Sri G.K. Gupta, the then XIII Additional District and Sessions Judge, Kanpur in Sessions Trial No. 255 of 1981. Aggrieved, he preferred this appeal.2. The facts lie in a short compass. The injured Bholu PW 1 and his brother Nurul Haq PW 3 resided in house No. 89/140, Ram Chandi Ka Akhara, Anwarganj, Kanpur. Their aunt Mst. Shamsun was living on the upper floor. The appellant used to come to meet the said lady and cut jokes with her. Bholu, injured of the present case used to raise objection on his behaviour, which annoyed him. The incident took place on 23-12-1979 at abo...
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