Allahabad High Court AFR/Landmark Judgments/Orders

Sl. No. Head Line Details 1. Headline Summary - Rape murder girl of 10 Circumstantial evidence Child witness reliability Counsel asked to clarify 313 CrPC circumstances Death commuted to whole life Judgment/Order - CAPITAL CASES No. 170 of 2013 Judgment/Order Dated - 28/11/2013 at Allahabad. Title - Ashok Vs. State Of U.P. Coram - Hon'ble Amar Saran,J. and Hon'ble Bachchoo Lal,J. 2. Headline Summary - Comprehensive directions for legal aid issued Bail in 304 B IPC appeal Information sought from IG Prisons/DJs about old and long confined prisoners. Judgment/Order - CRIMINAL APPEAL No. 2773 of 2005 Judgment/Order Dated - 25/9/2013 at Allahabad. Title - Gobardhan Singh And Another Vs. State Of U.P. Coram - Hon'ble Amar Saran,J. and Hon'ble Sunita Agarwal,J. 3. Headline Summary - Conviction cannot be maintained ignoring inherent intrinsic improbabilities and unnaturalaties - appeal allowed. Judgment/Order - CRIMINAL APPEAL No. 5584 of 2004 Judgment/Order Dated - 13/9/2013 at Allahabad. Title - Narendra Singh @ Nanga Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. and Hon'ble Anjani Kumar Mishra,J. 4. Headline Summary - Bail rejected from trial court conviction relying on dependable parts of witnesses testimony. Directions issued for tackling hostile witnesses. Judgment/Order - CRIMINAL APPEAL No. 3054 of 2013 Judgment/Order Dated - 3/9/2013 at Allahabad. Title - Umesh Yadav Vs. State Of U.P. Coram - Hon'ble Amar Saran,J. and Hon'ble Bachchoo Lal,J. 5. Headline Summary - Trivialities cannot be counted to discard prosecution case against main accused-appeal partly allowed. Judgment/Order - GOVERNMENT APPEAL No. 310 of 1982 Judgment/Order Dated - 3/9/2013 at Allahabad. Title - State Of U.P Vs. Radhey Shyam And Others Coram - Hon'ble Vinod Prasad,J. and Hon'ble Karuna Nand Bajpayee,J. 6. Headline Summary - Determination of juvenility without inquiry is de hors legal mandate. Judgment/Order - CRIMINAL APPEAL No. 3625 of 2008 Judgment/Order Dated - 2/9/2013 at Allahabad. Title - Surendra Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. and Hon'ble Karuna Nand Bajpayee,J. 7. Headline Summary - Perversity of approach in acquitting main assailants require interference by this Court-Appeal partly allowed. Judgment/Order - GOVERNMENT APPEAL No. 1375 of 1991 Judgment/Order Dated - 2/9/2013 at Allahabad. Title - State Of U.P. Vs. Irfan And Others Coram - Hon'ble Vinod Prasad,J. and Hon'ble Karuna Nand Bajpayee,J. 8. Headline Summary - ...difficult for the Court...petitioner's prayer if granted shall promote public interest..not be proper for this Court to interfere in policy matters Judgment/Order - MISC. BENCH No. 7444 of 2013 Judgment/Order Dated - 23/8/2013 at Lucknow. Title - Asok Pande [P.I.L.] Vs. Union Of India Through Cabinet Secretary, New Delhi & Others Coram - Hon'ble Shiva Kirti Singh,Chief Justice and Hon'ble Devendra Kumar Upadhyaya,J. 9. Headline Summary - Total denial of accused-appellants injury makes genesis of the incident suspect entitling the accused to get acquitted. Judgment/Order - CRIMINAL APPEAL No. 4702 of 2007 Judgment/Order Dated - 2/8/2013 at Allahabad. Title - Vijay Narayan Mishra Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. and Hon'ble Surendra Singh,J. 10. Headline Summary - Witnesses not immediately disclosing seeing deceased with appellant, unreliable. Directions issued for streamlining rape with murder investigations.. Judgment/Order - CAPITAL CASES No. 2899 of 2011 Judgment/Order Dated - 9/7/2013 at Allahabad. Title - Nem Singh @ Mula Vs. State Of U.P. Coram - Hon'ble Amar Saran,J. and Hon'ble Bachchoo Lal,J. 11. Headline Summary - Corpse found in house of accused. Injuries unsatisfactorily explained. Superstitious murder, life imprisonment to replace death sentence. Judgment/Order - CAPITAL CASES No. 4505 of 2012 Judgment/Order Dated - 8/7/2013 at Allahabad. Title - Ram Ashish Gaur & Others Vs. State Of U.P. Coram - Hon'ble Amar Saran,J. and Hon'ble Bachchoo Lal,J. 12. Headline Summary - Extraordinary jurisdiction can't be equated with appellate jurisdiction and this Court is not required to substitute its own view in place of views... Judgment/Order - WRIT - C No. 66985 of 2012 Judgment/Order Dated - 20/5/2013 at Allahabad. Title - Haji Abdul Hakim Vs. State Of U.P. Thru Secy. And Others Coram - Hon'ble Shiva Kirti Singh,Chief Justice and Hon'ble Dilip Gupta,J. 13. Headline Summary - Absence of any reason to implicate the appellant is sufficient to uphold the conviction. Judgment/Order - CRIMINAL APPEAL No. 4641 of 2002 Judgment/Order Dated - 17/5/2013 at Allahabad. Title - Avaneesh Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. and Hon'ble Surendra Kumar,J. 14. Headline Summary - Unreliability of fact witnesses and unnaturality of their conduct is sufficient to discard prosecution case- appeal allowed. Judgment/Order - CRIMINAL APPEAL No. 3587 of 2006 Judgment/Order Dated - 3/5/2013 at Allahabad. Title - Sunil Pasi Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. and Hon'ble Surendra Singh,J. 15. Headline Summary - DEATH PENALTY UPHELD 7 FAMILY MEMBERS MURDER BY AXE, INFANT THROTTLED DIAZEPAM FOUND IN VISCERA NON REFORMABILITY EVIDENCE REQUIREMENT READ DOWN. Judgment/Order - CAPITAL CASES No. 5003 of 2010 Judgment/Order Dated - 26/4/2013 at Allahabad. Title - Saleem Vs. State Of U.P. Coram - Hon'ble Amar Saran,J. and Hon'ble S.C. Agarwal,J. 16. Headline Summary - Perverse analysis by trial court makes incumbent to set aside acquittal and convict accused therefore, appeal allowed/accused convicted. Judgment/Order - GOVERNMENT APPEAL No. 2617 of 1979 Judgment/Order Dated - 16/4/2013 at Allahabad. Title - State Of U.P. Vs. Sohan Lal Coram - Hon'ble Vinod Prasad,J. and Hon'ble Surendra Kumar,J. 17. Headline Summary - Neither under Chapter VIII Rule 5 of High Court Rules nor u/s 19 of C.C. Acts-appeal is maintainable against rejection of contempt application. Judgment/Order - CONTEMPT APPEAL No. 3 of 2013 Judgment/Order Dated - 15/4/2013 at Allahabad. Title - Suresh Kumar Mishra Vs. Arun Kumar Rai Coram - Hon'ble Vinod Prasad,J. and Hon'ble Surendra Kumar,J. 18. Headline Summary - COURT ISSUES DIRECTIONS FOR MONITORING WOMEN'S PROTECTION HOMES AND THEIR INMATES Judgment/Order - CRIMINAL WRIT-PUBLIC INTEREST LITIGATION No. 20736 of 2011 Judgment/Order Dated - 5/4/2013 at Allahabad. Title - In The Matter Of Inmates Of Women Protection Home Vns. Coram - Hon'ble Amar Saran,J. and Hon'ble Bachchoo Lal,J. 19. Headline Summary - A party should take all grounds and raise all pleas available to him and if he fails to do so, the principle of constructive res judicata applies... Judgment/Order - WRIT - C No. 13702 of 2013 Judgment/Order Dated - 14/3/2013 at Allahabad. Title - Khurkhur And Another Vs. Union Of India And Others Coram - Hon'ble Shiva Kirti Singh,Chief Justice and Hon'ble Dilip Gupta,J. 20. Headline Summary - Suppression of factum of murder of mother of accused appellant by prosecution-prosecution version unreliable-appeal allowed. Judgment/Order - CRIMINAL APPEAL No. 846 of 1982 Judgment/Order Dated - 21/12/2012 at Allahabad. Title - Munendra And Others Vs. State Coram - Hon'ble Vinod Prasad,J. and Hon'ble Surendra Kumar,J. 21. Headline Summary - Complaints against unauthorized occupation over the public ponds or other similar public lands, D.M. should take all required actions. Judgment/Order - PUBLIC INTEREST LITIGATION (PIL) No. 63380 of 2012 Judgment/Order Dated - 6/12/2012 at Allahabad. Title - Prem Singh Vs. The State Of U.P. And Others Coram - Hon'ble Shiva Kirti Singh,Acting Chief Justice and Hon'ble Pradeep Kumar Singh Baghel,J. 22. Headline Summary - Condition of pre-deposit under S. 18 of 2002 Act is mandatory in all appeals filed against the order passed under S.17. Judgment/Order - WRIT - C No. 50624 of 2011 Judgment/Order Dated - 5/12/2012 at Allahabad. Title - Mohan Lal Saraf Vs. Chairperson Debts Recovery Appellate Tribunal & Others Coram - Hon'ble Dilip Gupta,J. 23. Headline Summary - There is no power to condone the delay in filing the election petition under Rule 33 of the Zila Panchayat Rules, 1994 Judgment/Order - WRIT - C No. 56867 of 2012 Judgment/Order Dated - 5/12/2012 at Allahabad. Title - Smt. Sharda Devi Vs. State Of U.P. Thru Secy. And Others Coram - Hon'ble Dilip Gupta,J. 24. Headline Summary - Committee and the complainant have no locus to defend the order of DM for ceasing powers of Pradhan and the reply of Pradhan has to be considered Judgment/Order - WRIT - C No. 37427 of 2012 Judgment/Order Dated - 5/12/2012 at Allahabad. Title - Narendra Kumar Vs. State Of U.P. And Others Coram - Hon'ble Dilip Gupta,J. 25. Headline Summary - Industrial Tribunal is not a court subordinate to the High Court for the purposes of Section 24 C.P.C. Judgment/Order - TRANSFER APPLICATION (CIVIL) No. 397 of 2012 Judgment/Order Dated - 3/12/2012 at Allahabad. Title - Shrikant Pandey Vs. Ramshabad Mishra Coram - Hon'ble Pankaj Mithal,J. 26. Headline Summary - Even a deemed University after grant of permission by NCTE has to take affiliation from Examination Regulatory Authority for conducting two years BTC. Judgment/Order - WRIT - C No. 57527 of 2010 Judgment/Order Dated - 11/10/2012 at Allahabad. Title - Shashi Kumar Dwivedi And Others Vs. State Of U.P. And Others Coram - Hon'ble Dilip Gupta,J. 27. Headline Summary - O2 R2 CPC not a bar to subsequent Suit if cause of action in two Suits is different. Judgment/Order - WRIT - C No. 42756 of 2012 Judgment/Order Dated - 28/9/2012 at Allahabad. Title - M/S Trademan International Pvt. Ltd. Vs. Debts Recovery Appellate Tribunal And Others Coram - Hon'ble Dilip Gupta,J. 28. Headline Summary - Credible prosecution case supported even by hostile witnesses and absence of false implication is enough to uphold conviction. Judgment/Order - CRIMINAL APPEAL No. 3126 of 1982 Judgment/Order Dated - 26/9/2012 at Allahabad. Title - Dhanpal Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. and Hon'ble Surendra Kumar,J. 29. Headline Summary - In absence of intention fatal injury at the spur of moment in anguish does not disclose the charge of murder-appeal partly allowed. Judgment/Order - CRIMINAL APPEAL No. 1661 of 1982 Judgment/Order Dated - 14/9/2012 at Allahabad. Title - Swami Vs. State Coram - Hon'ble Vinod Prasad,J. and Hon'ble Pankaj Naqvi,J. 30. Headline Summary - Presence of informant doubtful significant omission in ocular version and change in prosecution story are sufficient to discard prosecution case. Judgment/Order - CRIMINAL APPEAL No. 1853 of 1983 Judgment/Order Dated - 14/9/2012 at Allahabad. Title - Deo Raj & Others Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. and Hon'ble Surendra Kumar,J. 31. Headline Summary - Separate appeal has to be filed against dismissal of counter-claim in 1993 Debts Act. Judgment/Order - WRIT - C No. 43885 of 2012 Judgment/Order Dated - 13/9/2012 at Allahabad. Title - Deepak Mitra Vs. United Bank Of India And Others Coram - Hon'ble Dilip Gupta,J. 32. Headline Summary - A District Consumer Forum/Commission is a Court and subordinate to the High Court in the context of Section 10 of Contempt of Courts Act 1971. Judgment/Order - CONTEMPT APPLICATION (CRIMINAL) No. 3 of 2012 Judgment/Order Dated - 10/9/2012 at Allahabad. Title - In Re: Vs. Anil Kumar Jindal And Others Coram - Hon'ble Dharnidhar Jha,J. and Hon'ble Ashok Pal Singh,J. 33. Headline Summary - Order of District Judge passed u/s 24 CPC is not appealable. It also can't be set aside by the High Court in exercise of power u/s 24 CPC. Judgment/Order - TRANSFER APPLICATION (CIVIL) No. 290 of 2012 Judgment/Order Dated - 10/9/2012 at Allahabad. Title - Shakeela Vs. Mehboob Ali Siddiqui Coram - Hon'ble Pankaj Mithal,J. 34. Headline Summary - S.D.M. dealing with election petition is not a court subordinate to the High Court for transfer of proceedings under Section 24 of the C.P.C. Judgment/Order - TRANSFER APPLICATION (CIVIL) No. 289 of 2012 Judgment/Order Dated - 5/9/2012 at Allahabad. Title - Mursaleem Vs. Yogendra Sharma And Others Coram - Hon'ble Pankaj Mithal,J. 35. Headline Summary - Witnesses of day light murder cannot be disbelieved on insignificant mistakes by the I.O./Appeal dismissed. Judgment/Order - CRIMINAL APPEAL No. 2600 of 2006 Judgment/Order Dated - 3/9/2012 at Allahabad. Title - Aslam & Others Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. and Hon'ble Yogesh Chandra Gupta,J. 36. Headline Summary - Assignee Bank can be substituted in the recovery certificate for execution of the decree even if assignment deed was executed during pendency of suit. Judgment/Order - WRIT - C No. 38143 of 2012 Judgment/Order Dated - 3/9/2012 at Allahabad. Title - Shalini Asha Chopra And Others Vs. Chairperson, Debts Recovery Appellate Tribunal And Others Coram - Hon'ble Dilip Gupta,J. 37. Headline Summary - High court cannot transfer the case from one district consumer forum to another in exercise of power under Section 24 C.P.C. Judgment/Order - TRANSFER APPLICATION (CIVIL) No. 277 of 2012 Judgment/Order Dated - 31/8/2012 at Allahabad. Title - Hanuman Yadav Vs. State Consumer Forum And Others Coram - Hon'ble Pankaj Mithal,J. 38. Headline Summary - “Arbitration Agreement” contemplates agreement by the parties to the dispute and not a unilateral instrument. Judgment/Order - CIVIL REVISION No. 388 of 2012 Judgment/Order Dated - 31/8/2012 at Allahabad. Title - Smt.Krishna Premmai Devidasi Vs. International Society For Krishna Conscieusness And Others Coram - Hon'ble Pankaj Mithal,J. 39. Headline Summary - Realisation of Trade Tax Arrears will not take precedence over the right of the Bank to recover the dues as a secured creditor. Judgment/Order - WRIT - C No. 40632 of 2012 Judgment/Order Dated - 29/8/2012 at Allahabad. Title - Smt. Urmila Devi And Others Vs. Debts Recovery Appellate Tribunal And Others Coram - Hon'ble Dilip Gupta,J. 40. Headline Summary - Cooperative law to be amended by 14.2.2013 Judgment/Order - WRIT - C No. 42403 of 2012 Judgment/Order Dated - 28/8/2012 at Allahabad. Title - Prem Narayan Singh Vs. State Of U.P. And Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Mahendra Dayal,J. 41. Headline Summary - Circumstantial evidence hazy, unclear and doubtful-conviction cannot be sustained-appeal allowed. Judgment/Order - CRIMINAL APPEAL No. 654 of 1983 Judgment/Order Dated - 27/8/2012 at Allahabad. Title - Narendra & Others Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. and Hon'ble Surendra Kumar,J. 42. Headline Summary - What period is to be excluded under explanation to section 15(3) of UP Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961. Judgment/Order - WRIT - C No. 38769 of 2012 Judgment/Order Dated - 23/8/2012 at Allahabad. Title - Smt. Rubi Singh Vs. State Of U.P. And Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Mahendra Dayal,J. 43. Headline Summary - Court can refuse to entertain writ petition by invoking doctrine of forum conveniens Judgment/Order - WRIT - C No. 37158 of 2012 Judgment/Order Dated - 6/8/2012 at Allahabad. Title - M/S Dynamic Education Systems (International) Ltd. & Another Vs. Bank Of Baroda And Others Coram - Hon'ble Dilip Gupta,J. 44. Headline Summary - Principles to determine the genuineness of will. Judgment/Order - SPECIAL APPEAL No. 961 of 2004 Judgment/Order Dated - 23/7/2012 at Allahabad. Title - Dinesh Chandra Pandey Vs. Brijesh Chandra Pandey & Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Mahendra Dayal,J. 45. Headline Summary - False explanation of accused injury is enough to set aside conviction of a murder charge/appeal allowed. Judgment/Order - CRIMINAL APPEAL No. 1940 of 1980 Judgment/Order Dated - 19/7/2012 at Allahabad. Title - Kalloo Vs. State Coram - Hon'ble Vinod Prasad,J. and Hon'ble Surendra Kumar,J. 46. Headline Summary - MATTER UNDER SECTION 14 OF THE GUARDIANS & WARDS ACT 1890 IS NOT IN THE NATURE OF A TRANSFER APPLICATION BUT A REFERENCE FOR OPINION OF THE HIGH COURT Judgment/Order - TRANSFER APPLICATION (CIVIL) No. 219 of 2012 Judgment/Order Dated - 12/7/2012 at Allahabad. Title - Smt. Savitri Devi Vs. Smt. Raman Lata Coram - Hon'ble Pankaj Mithal,J. 47. Headline Summary - Prosecution story credible/defence unable to dislodge it/conviction upheld. Judgment/Order - CRIMINAL APPEAL No. 4978 of 2002 Judgment/Order Dated - 6/7/2012 at Allahabad. Title - Govind Das @ Buddha Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. and Hon'ble Surendra Singh,J. 48. Headline Summary - Transfer of lease hold rights is transfer of lease by way of assignment under Article 63 of Schedule 1B of the Stamp Act. Judgment/Order - WRIT - C No. 57836 of 2011 Judgment/Order Dated - 3/7/2012 at Allahabad. Title - Om Shree Ganesh Sahkari Avas Samiti Limited Vs. State Of U.P. And Others Coram - Hon'ble Pankaj Mithal,J. 49. Headline Summary - High Court of Allahabad is not a principle civil court of original jursidiction under Section 2(1)(e) of the Arbitration & Conciliation Act, 1996. Judgment/Order - ARBITRATION and CONCILI. APPL.U/s11(4) No. 32 of 2012 Judgment/Order Dated - 31/5/2012 at Allahabad. Title - M/S B.M.G. Construction Vs. National Small Industries Corporation Ltd. And Others Coram - Hon'ble Pankaj Mithal,J. 50. Headline Summary - Evidence of witnesses cannot be brushed aside on petty issues-appeal dismissed. Judgment/Order - CRIMINAL APPEAL No. 1977 of 1981 Judgment/Order Dated - 31/5/2012 at Allahabad. Title - Ganesh And Another Vs. State Ofu.P. Coram - Hon'ble Vinod Prasad,J. 51. Headline Summary - Reasonable prognosis of right of private defence is sufficient to acquit the accused-appeal allowed. Judgment/Order - CRIMINAL APPEAL No. 2270 of 1981 Judgment/Order Dated - 30/5/2012 at Allahabad. Title - Azad Khan And Other Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. 52. Headline Summary - Juvenility delay and no benefit to the complainant cumulatively are sufficient to quash prosecution. Judgment/Order - APPLICATION U/s 482 No. 17357 of 2005 Judgment/Order Dated - 30/5/2012 at Allahabad. Title - Smt. Vimla Devi Vs. State Of U.P. & Another Coram - Hon'ble Vinod Prasad,J. 53. Headline Summary - Medical practice is a profession. Doctor's clinic in residential area is not a commercial activity. Judgment/Order - WRIT - C No. 16843 of 2011 Judgment/Order Dated - 29/5/2012 at Allahabad. Title - Satya Prakash Singh & Another Vs. State Of U.P. & Others Coram - Hon'ble Pankaj Mithal,J. 54. Headline Summary - Some suggestions for reducing committee of management disputes. Judgment/Order - SPECIAL APPEAL No. 984 of 2012 Judgment/Order Dated - 24/5/2012 at Allahabad. Title - Vijay Pratap Singh Nd Another Vs. Dios And Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Mohd. Tahir,J. 55. Headline Summary - Appellate order not to be passed by the same officer who has passed the basic order impugned in appeal. Judgment/Order - WRIT - C No. 24629 of 2012 Judgment/Order Dated - 22/5/2012 at Allahabad. Title - Mohd. Chand And Another Vs. State Of U.P. And Others Coram - Hon'ble Pankaj Mithal,J. 56. Headline Summary - Release of property u/s 17 of the Gangster's Act and punishment of crime u/s 3 of the Gangster's Act are different proceedings. Judgment/Order - CRIMINAL APPEAL No. 3000 of 2003 Judgment/Order Dated - 22/5/2012 at Allahabad. Title - Kailash Sahkari Awas Samiti Vs. State Of U.P. & Others Coram - Hon'ble Vinod Prasad,J. 57. Headline Summary - Appointment of the arbitrator named/designated in the agreement is the Rule which can only be deviated by the Chief Justice for valid reasons. Judgment/Order - ARBITRATION and CONCILI. APPL.U/s11(4) No. 64 of 2011 Judgment/Order Dated - 17/5/2012 at Allahabad. Title - Bharat Wire Ropes Ltd. Vs. Unio Of India Thru' Ministry Of Railway And Others Coram - Hon'ble Pankaj Mithal,J. 58. Headline Summary - Matter decided by civil court - cannot be reopened before Industrial Tribunal Judgment/Order - SPECIAL APPEAL No. 2087 of 2011 Judgment/Order Dated - 16/5/2012 at Allahabad. Title - Central Bank Of India Vs. Union Of India And Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Mohd. Tahir,J. 59. Headline Summary - First proviso to section 11(1) of Land Acquisition Act - For benefit of government, acquiring body. Judgment/Order - WRIT - C No. 7080 of 2002 Judgment/Order Dated - 9/5/2012 at Allahabad. Title - Dau Dayal And Others Vs. State Of U.P. & Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Mohd. Tahir,J. 60. Headline Summary - Fees deposited seat reserved in JEE-Ineligible to appear in next jEE. Judgment/Order - SPECIAL APPEAL No. 607 of 2011 Judgment/Order Dated - 7/5/2012 at Allahabad. Title - Sujeet Chaudhary Vs. Union Of India And Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Mohd. Tahir,J. 61. Headline Summary - Scheme of administration of College does not prohibit indirect elections. Judgment/Order - SPECIAL APPEAL No. 807 of 2012 Judgment/Order Dated - 1/5/2012 at Allahabad. Title - C/M D.A.V. Intermediate College And Another Vs. State Of U.P. And Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Mohd. Tahir,J. 62. Headline Summary - Cheque dishonoured, information sent though not served, insurance company not liable. Judgment/Order - FIRST APPEAL FROM ORDER No. 641 of 1998 Judgment/Order Dated - 27/4/2012 at Allahabad. Title - National Insurance Co. Ltd. Vs. Smt. Raj Kumari Singh & Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Mohd. Tahir,J. 63. Headline Summary - FABRICATED DYING DECLARATION BY POLICE OFFICER SUSPECTED COURT DIRECTS ENQUIRY PUNISHMENT POLICE OFFICER AND DOCTOR CERTIFYING DEAD PERSON'S FITNESS Judgment/Order - CRIMINAL APPEAL No. 1783 of 2010 Judgment/Order Dated - 20/4/2012 at Allahabad. Title - Upendra Singh @ Alalan Vs. State Of U.P. Coram - Hon'ble Amar Saran,J. and Hon'ble Anurag Kumar,J. 64. Headline Summary - Invocation of arbitration clause is sine qua non for maintaining an application U/S 11 of the Arbitration and Conciliation Act, 1996. Judgment/Order - ARBITRATION and CONCILI. APPL.U/s11(4) No. 56 of 2001 Judgment/Order Dated - 19/4/2012 at Allahabad. Title - Abdul Rashid Vs. National Building Construction Corp. Ltd., New Delhi Coram - Hon'ble Pankaj Mithal,J. 65. Headline Summary - Directions issued in Rajkiya Shishu Grih Shivkuti , Allahabad minor girls rape case. Judgment/Order - CRIMINAL WRIT-PUBLIC INTEREST LITIGATION No. 4207 of 2012 Judgment/Order Dated - 16/4/2012 at Allahabad. Title - In The Matter Of Govt. Children'S Home At Shivkuti Allahabad Coram - Hon'ble Amar Saran,J. and Hon'ble Ashok Srivastava,J. 66. Headline Summary - Land acquisition - award of a plot - not in piecemeal. Judgment/Order - WRIT - C No. 34703 of 2002 Judgment/Order Dated - 12/4/2012 at Allahabad. Title - Smt. Kamla Devi & Others Vs. State Of U.P. Thru' Chief Secy. U.P. Govt. & Ors. Coram - Hon'ble Yatindra Singh,J. and Hon'ble B. Amit Sthalekar,J. 67. Headline Summary - Malice an intent to defame is a must for charge of defamation/it are absent/prosecution quashed. Judgment/Order - CRIMINAL REVISION No. 2929 of 2006 Judgment/Order Dated - 11/4/2012 at Allahabad. Title - Dr. Vishnu Dutt Agarwal Vs. State Of U.P. & Another Coram - Hon'ble Vinod Prasad,J. 68. Headline Summary - The lease deed executed between the tenant and landlord that the Rent Control Act will not apply is void. Judgment/Order - WRIT - A No. 5826 of 2010 Judgment/Order Dated - 5/4/2012 at Allahabad. Title - Dr. K. Gopal Vs. Smt. Sudarshan Devi Bhatia Coram - Hon'ble Dilip Gupta,J. 69. Headline Summary - For sustaining conviction u/s 399, 402 I.P.C. evidence has to be of an unimpeachable character-appeal allowed-conviction set aside. Judgment/Order - CRIMINAL APPEAL No. 1337 of 1981 Judgment/Order Dated - 21/3/2012 at Allahabad. Title - Hoti And Others Vs. State Coram - Hon'ble Vinod Prasad,J. 70. Headline Summary - Some leases/ permits less than 5 hectares may require environmental clearance Judgment/Order - WRIT - C No. 29036 of 2011 Judgment/Order Dated - 20/3/2012 at Allahabad. Title - Rajesh Kumar Nishad Vs. State Of U.P. And Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble B. Amit Sthalekar,J. 71. Headline Summary - Revisional Court should hesitate to compare the signatures when handwriting expert opinion is available particularly when Trial Court has accepted it. Judgment/Order - WRIT - A No. 65231 of 2006 Judgment/Order Dated - 23/2/2012 at Allahabad. Title - Raja Ram Sharma Vs. District Judge And Others Coram - Hon'ble Dilip Gupta,J. 72. Headline Summary - Circumstance under which a decree is a nullity or merely illegal, objection to the decree cannot be raised before Executing Court if decree is illegal Judgment/Order - WRIT - A No. 45410 of 2008 Judgment/Order Dated - 23/2/2012 at Allahabad. Title - Ghani Vs. Smt. Haseen Bano Coram - Hon'ble Dilip Gupta,J. 73. Headline Summary - Denial for want of knowledge in written statement is admission of plaint averments and suit for ejectment can be filed by Mutawalli on behalf of wakf. Judgment/Order - WRIT - A No. 34662 of 2003 Judgment/Order Dated - 23/2/2012 at Allahabad. Title - Syed Mustajab Husain Vs. Additional District Judge (Court No. 13) Agra And Others Coram - Hon'ble Dilip Gupta,J. 74. Headline Summary - Without establishing genuineness, photo cannot be admitted as secondary evidence. Judgment/Order - CRIMINAL APPEAL No. 1565 of 1982 Judgment/Order Dated - 23/2/2012 at Allahabad. Title - Hauslla Prasad Vs. State Coram - Hon'ble Vinod Prasad,J. 75. Headline Summary - Section 437-A CrPC - Some Suggestions and Recommendations Judgment/Order - CRIMINAL APPEAL No. 5201 of 2007 Judgment/Order Dated - 13/2/2012 at Allahabad. Title - Nannu And Others Vs. State Of U.P. Coram - Hon'ble Yatindra Singh,J. and Hon'ble Ram Surat Ram (Maurya),J. 76. Headline Summary - Complaint cannot be dismissed when prima facie offence is disclosed by meticulously examining prosecution allegations. Judgment/Order - APPLICATION U/s 482 No. 7709 of 2010 Judgment/Order Dated - 8/2/2012 at Allahabad. Title - Umrao Singh Vs. State Of U.P. And Others Coram - Hon'ble Vinod Prasad,J. 77. Headline Summary - Benefit of Section 29-A of 1972 Rent Act is not available to a tenant if only temporary structures are raised with the consent of the landlord. Judgment/Order - WRIT - C No. 39629 of 2004 Judgment/Order Dated - 31/1/2012 at Allahabad. Title - Rameshwar Dayal Agarwal Vs. Pawan Kumar & Others Coram - Hon'ble Dilip Gupta,J. 78. Headline Summary - An unchallenged lease document cannot be the basis of a criminal trial for cheating. Judgment/Order - APPLICATION U/s 482 No. 2103 of 2010 Judgment/Order Dated - 24/1/2012 at Allahabad. Title - Ramesh Chandra Bhatia Vs. State Of U.P. And Another Coram - Hon'ble Vinod Prasad,J. 79. Headline Summary - Petition challenging Election Commission order directing covering "elephant" and Ms Mayawati statues, dismissed. Judgment/Order - PUBLIC INTEREST LITIGATION (PIL) No. 2630 of 2012 Judgment/Order Dated - 24/1/2012 at Allahabad. Title - Dheeraj Pratap Singh Vs. Chief Election Commission, Union Of India And Another Coram - Hon'ble Amar Saran,J. and Hon'ble Ramesh Sinha,J. 80. Headline Summary - Inconsistent plea and documents by the accused is sufficient to reject claim of juvenility. Judgment/Order - CRIMINAL REVISION No. 441 of 2011 Judgment/Order Dated - 19/1/2012 at Allahabad. Title - Atin Jaiswal Vs. State Of U.P. & Another Coram - Hon'ble Vinod Prasad,J. 81. Headline Summary - Prayer for discharge can be allowed u/s 227 Cr.P.C.only when no prima facie case is disclosed. Judgment/Order - CRIMINAL REVISION No. 3186 of 2006 Judgment/Order Dated - 18/1/2012 at Allahabad. Title - Subhash Chand Gupta & Others Vs. State Of U.P. & Another Coram - Hon'ble Vinod Prasad,J. 82. Headline Summary - Law relating to bonded labour explained. Direction issued to constitute Legal aid clinics and provide socio-economics reliefs. Judgment/Order - HABEAS CORPUS WRIT PETITION No. 70403 of 2011 Judgment/Order Dated - 5/1/2012 at Allahabad. Title - Sageer & Others Vs. State Of U.P. & Others Coram - Hon'ble Amar Saran,J. and Hon'ble Ramesh Sinha,J. 83. Headline Summary - Dying declaration can be accepted only when it is free from all infirmities, embellishment and tutoring/appeal allowed as the same is missing. Judgment/Order - CRIMINAL APPEAL No. 1689 of 1981 Judgment/Order Dated - 4/1/2012 at Allahabad. Title - Asha Ram & Another Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. 84. Headline Summary - For a cheque issued by a third party-Bank Manager cannot be prosecuted u/s 138 N.I. Act. Judgment/Order - APPLICATION U/s 482 No. 21683 of 2007 Judgment/Order Dated - 4/1/2012 at Allahabad. Title - R.K.Dixit Vs. State Of U.P. & Another Coram - Hon'ble Vinod Prasad,J. 85. Headline Summary - Change in the circumstances is essential for re-exercising power u/s 311 Cr.P.C. Judgment/Order - APPLICATION U/s 482 No. 13599 of 2010 Judgment/Order Dated - 16/12/2011 at Allahabad. Title - Vinod Kumar Singh Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. 86. Headline Summary - Benefit of difference in age should be given to the accused for offences u/ss 363, 366, 376 IPC/Appeal allowed. Judgment/Order - CRIMINAL APPEAL No. 5029 of 2005 Judgment/Order Dated - 16/12/2011 at Allahabad. Title - Raj Kumar Shukla Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. 87. Headline Summary - Wires laid under section 164 of the Electricity Act - Permission of DM is not required. Judgment/Order - FIRST APPEAL FROM ORDER No. 3253 of 2011 Judgment/Order Dated - 7/12/2011 at Allahabad. Title - Power Grid Corp. Of India Limited Vs. Ajay Kumar Gupta And Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Ram Surat Ram (Maurya),J. 88. Headline Summary - Fraud and justice cannot live together. If something obtained by fraud and factum of fraud is proved, things becomes non-est Judgment/Order - SPECIAL APPEAL No. 443 of 2002 Judgment/Order Dated - 29/11/2011 at Allahabad. Title - Smt. Vibha Shukla And Another Vs. D.E. (Basic) U.P., Alld. Andothers Coram - Hon'ble Syed Rafat Alam,Chief Justice and Hon'ble Ran Vijai Singh,J. 89. Headline Summary - High Court directs CBI to conduct preliminary enquiry in the implementation of NRHM and utilisation of NRHM funds at various levels in State of U.P. Judgment/Order - MISC. BENCH No. 3611 of 2011 Judgment/Order Dated - 15/11/2011 at Lucknow. Title - Sachchidanand (Sachchey) [ P.I.L. ] Civil Vs. State Of U.P. Thru Principal Secretary Health & Family Welfa Coram - Hon'ble Pradeep Kant,J. and Hon'ble Ritu Raj Awasthi,J. 90. Headline Summary - Not necessary to issue writ, even if order is wrong Judgment/Order - SPECIAL APPEAL No. 1205 of 2003 Judgment/Order Dated - 15/11/2011 at Allahabad. Title - Ramesh Chand Vs. Executive Engineer And Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Dinesh Gupta,J. 91. Headline Summary - No conviction for dacoity can be recorded if identification is not confidence inspiring/Appeal is partly allowed. Judgment/Order - CRIMINAL APPEAL No. 2002 of 2009 Judgment/Order Dated - 8/11/2011 at Allahabad. Title - Ram Pal & Others Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. 92. Headline Summary - Full Bench Judgement on Land Acquisition Matter of Greater NOIDA & NOIDA Judgment/Order - WRIT - C No. 37443 of 2011 Judgment/Order Dated - 21/10/2011 at Allahabad. Title - Gajraj And Others Vs. State Of U.P. And Others Coram - Hon'ble Ashok Bhushan,J. , Hon'ble Sibghat Ullah Khan,J. and Hon'ble V.K. Shukla,J. 93. Headline Summary - For charge of dacoity participation of five or more accused essential/witnesses unreliable/prosecution version false/appeal allowed. Judgment/Order - CRIMINAL APPEAL No. 1172 of 1982 Judgment/Order Dated - 14/10/2011 at Allahabad. Title - Gyan Singh Vs. State Of U.P Coram - Hon'ble Vinod Prasad,J. 94. Headline Summary - Conviction under NDPS Act cannot be sustained for violation of Section 42, 57 of the Act/ recovery doubtful/appellant acquitted. Judgment/Order - CRIMINAL APPEAL No. 3916 of 2010 Judgment/Order Dated - 14/10/2011 at Allahabad. Title - Shyam Babu Vishwakarma & Another Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. 95. Headline Summary - Direction given to police & Magistrates on manner of remanding accused in offences punishable upto 7 years in accordance with newly introduced section Judgment/Order - CRIMINAL MISC. WRIT PETITION No. 17410 of 2011 Judgment/Order Dated - 11/10/2011 at Allahabad. Title - Shaukin Vs. State Of U.P. And Others Coram - Hon'ble Amar Saran,J. and Hon'ble Kalimullah Khan,J. 96. Headline Summary - 498-A offence--Law procedure for mediation and directions for making 498-A IPC offence compoundable Judgment/Order - CRIMINAL MISC. WRIT PETITION No. 3322 of 2010 Judgment/Order Dated - 30/9/2011 at Allahabad. Title - Re: In The Matter Of Matrimonial Disputes Vs. State Of U.P. & Others Coram - Hon'ble Amar Saran,J. and Hon'ble Shyam Shankar Tiwari,J. 97. Headline Summary - Defence suggestion can be considered to judge veracity of prosecution version-victim minor-conviction maintained-sentence reduced. Judgment/Order - CRIMINAL APPEAL No. 820 of 1981 Judgment/Order Dated - 28/9/2011 at Allahabad. Title - Mohammad Yashin Alias Jagdish & Others Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. 98. Headline Summary - TO CONSIDER APPLICATION FOR DISCHARGE UNDER SECTION 245 (2) CrPC, PRESENCE OF ACCUSED IS NECESSARY IF THE CASE HAS REACHED THE STAGE OF SECTION 244 Judgment/Order - APPLICATION U/s 482 No. 26567 of 2011 Judgment/Order Dated - 27/9/2011 at Allahabad. Title - Manoj Dalmia Vs. State Of U.P. And Another Coram - Hon'ble Shri Kant Tripathi,J. 99. Headline Summary - TO ESTABLISH THE CHARGE U/S 412 IPC, THE PROSECUTION HAS TO PROVE THAT THE ACCUSED HAD KNOWLEDGE THAT THE RECOVERED PROPERTY WAS STOLEN IN A DACOITY. Judgment/Order - CRIMINAL APPEAL No. 4962 of 2006 Judgment/Order Dated - 21/9/2011 at Allahabad. Title - Anil @ Bablu Srivastava Vs. State Of U.P. Coram - Hon'ble Shri Kant Tripathi,J. 100. Headline Summary - Preponderance of probability is enough to confer right of private defence/Appeal allowed. Judgment/Order - CRIMINAL APPEAL No. 1871 of 1981 Judgment/Order Dated - 20/9/2011 at Allahabad. Title - Pokhpal Vs. State Coram - Hon'ble Vinod Prasad,J. 101. Headline Summary - Admission is conclusive unless explained Judgment/Order - FIRST APPEAL No. 962 of 2004 Judgment/Order Dated - 20/9/2011 at Allahabad. Title - State Of U.P. Thru' Collector, Mathura Vs. Thakur Sri Radha Ramanji Maharaj Coram - Hon'ble Yatindra Singh,J. and Hon'ble Dinesh Gupta,J. 102. Headline Summary - JUDGMENTS OF COURTS OF JUSTICE ARE RELEVANT ONLY UNDER SECTIONS 40 TO 44 OF THE EVIDENCE ACT AND NOT OTHERWISE. Judgment/Order - APPLICATION U/s 482 No. 19497 of 2011 Judgment/Order Dated - 19/9/2011 at Allahabad. Title - Akash Kumar Sharma And Another Vs. State Of U.P. Coram - Hon'ble Shri Kant Tripathi,J. 103. Headline Summary - AN ACCUSED HAS INDEFEASIBLE RIGHT TO CLAIM COPIES OF DOCUMENTS RELIED UPON BY THE PROSECUTION. Judgment/Order - APPLICATION U/s 482 No. 26868 of 2011 Judgment/Order Dated - 19/9/2011 at Allahabad. Title - Vinay Sharma Vs. State Of U.P. And Another Coram - Hon'ble Shri Kant Tripathi,J. 104. Headline Summary - IF A CASE DISCLOSES BOTH CRIMINAL AND CIVIL LIABILITY OF THE ACCUSED, THE CRIMINAL PROCEEDINGS CANNOT BE QUASHED. Judgment/Order - APPLICATION U/s 482 No. 17201 of 2011 Judgment/Order Dated - 15/9/2011 at Allahabad. Title - Debobroto Dutta And Others Vs. Km. Sunanda Ghosh And Another Coram - Hon'ble Shri Kant Tripathi,J. 105. Headline Summary - Conviction for Dacoity can not be sustained on improbable and unnatural evidences Judgment/Order - CRIMINAL APPEAL No. 2117 of 1982 Judgment/Order Dated - 14/9/2011 at Allahabad. Title - Satyadeo Bahela & Another Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. 106. Headline Summary - An election petition, which does not conform to the statutory requirements, must be dismissed outrightly. Judgment/Order - ELECTION PETITION No. 9 of 2009 Judgment/Order Dated - 14/9/2011 at Allahabad. Title - V.M.Singh S/O Mander Singh Vs. Feroze Varun Gandhi Coram - Hon'ble Shri Kant Tripathi,J. 107. Headline Summary - Section 389 Cr.P.C.-pending consideration final bail prayer in appeal-appellant can be released on interim bail. Judgment/Order - CRIMINAL APPEAL No. 109 of 2011 Judgment/Order Dated - 14/9/2011 at Allahabad. Title - Smt. Tara Devi And Anr. Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. 108. Headline Summary - Custody of son cannot be handed over to an unchaste mother with murder charge/Habeas Corpus dismissed. Judgment/Order - HABEAS CORPUS WRIT PETITION No. 9721 of 2011 Judgment/Order Dated - 9/9/2011 at Allahabad. Title - Master Shobhit Vs. State Of U.P. And Others Coram - Hon'ble Vinod Prasad,J. 109. Headline Summary - Denial of accused right to get sample retested deserves quashing of proceeding. Judgment/Order - APPLICATION U/s 482 No. 31051 of 2009 Judgment/Order Dated - 2/9/2011 at Allahabad. Title - Manoj Kumar Assistant Manager Bharat Insectsides Ltd. Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. 110. Headline Summary - Denial of accused right to get sample retested deserves quashing of proceeding. Judgment/Order - APPLICATION U/s 482 No. 31053 of 2009 Judgment/Order Dated - 2/9/2011 at Allahabad. Title - Bharat Insecticides Ltd. And Another Vs. State Of U.P. Through Insecticides Inspector Bijnore Coram - Hon'ble Vinod Prasad,J. 111. Headline Summary - Only the two senior most teachers working in the institution at the time the requisition is sent to the Board can be called for interview. Judgment/Order - WRIT - A No. 31736 of 2011 Judgment/Order Dated - 29/8/2011 at Allahabad. Title - Shyam Lal And Another Vs. State Of U.P. And Others Coram - Hon'ble Dilip Gupta,J. 112. Headline Summary - GOs curtailing freeship to students of weaker section quashed. HC says State must not sway from constitutional obligation to do welfare of its subject Judgment/Order - MISC. BENCH No. 11540 of 2008 Judgment/Order Dated - 29/8/2011 at Lucknow. Title - Meydha Meritorious Education For Youths Vs. State Of U.P. Thru Chief Secretary & Ors. (P.I.L.){Civil} Coram - Hon'ble Pradeep Kant,J. and Hon'ble Ritu Raj Awasthi,J. 113. Headline Summary - Quashing of prosecution-dispute between Deemed University and students-compromise arrived at- proceedings quashed. Judgment/Order - APPLICATION U/s 482 No. 25652 of 2009 Judgment/Order Dated - 26/8/2011 at Allahabad. Title - Vinod B. Lal Vs. State Of U.P. & Another Coram - Hon'ble Vinod Prasad,J. 114. Headline Summary - Evidence inherently improbable and unmerited-charge under Section 120-B I.P.C. cannot be framed- revision allowed. Judgment/Order - CRIMINAL REVISION No. 512 of 2010 Judgment/Order Dated - 26/8/2011 at Allahabad. Title - Dev Sharma & Others Vs. State Of U.P. & Another Coram - Hon'ble Vinod Prasad,J. 115. Headline Summary - For the purposes of proviso to Order VI Rule 17 of CPC the relevant date for commencement of the trial is the date on which issues are framed Judgment/Order - ELECTION PETITION No. 1 of 2009 Judgment/Order Dated - 16/8/2011 at Allahabad. Title - Chandra Narain Tripathi Vs. Kapil Muni Karwariya Coram - Hon'ble Shri Kant Tripathi,J. 116. Headline Summary - Conviction under N.D.P.S. Act-Sections 42, 50 and 57 not complied with-Appeal allowed-Conviction set aside-Appellant acquitted. Judgment/Order - CRIMINAL APPEAL No. 8090 of 2007 Judgment/Order Dated - 16/8/2011 at Allahabad. Title - Pandav Sarkar Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. 117. Headline Summary - High Court directs CBI to investigate into the murders of Dr.V.K.Arya and Dr. B.P.Singh, CMOs alongwith the cases relating to NRHM scam. Judgment/Order - MISC. BENCH No. 3659 of 2011 Judgment/Order Dated - 27/7/2011 at Lucknow. Title - We The People [ P.I.L. ] Criminal Vs. Union Of India, Thru. Prin. Secy.,Ministry Of Home & Ors. Coram - Hon'ble Pradeep Kant,J. and Hon'ble Ritu Raj Awasthi,J. 118. Headline Summary - 145 proceeding/parties failed to establish possession/attachment and order for relief from civil court just and proper/writ dismissed. Judgment/Order - CRIMINAL MISC. WRIT PETITION No. 9361 of 2011 Judgment/Order Dated - 22/7/2011 at Allahabad. Title - Smt. Bala Dhama & Others Vs. S.D.M. Baraut & Others Coram - Hon'ble Vinod Prasad,J. 119. Headline Summary - Section12/Bail to juvenile/defence to juvenile with favourable report should be given due consideration/bail allowed. Judgment/Order - CRIMINAL REVISION No. 2226 of 2011 Judgment/Order Dated - 18/7/2011 at Allahabad. Title - Pushpendra @ Brij Bihari @ Pappi Vs. State Of U.P. & Another Coram - Hon'ble Vinod Prasad,J. 120. Headline Summary - Bail to juvenile/extraneous material without evidence should not be considered/bail allowed. Judgment/Order - CRIMINAL REVISION No. 2124 of 2011 Judgment/Order Dated - 18/7/2011 at Allahabad. Title - Kushagra Mokhariwale Vs. State Of U.P. & Another Coram - Hon'ble Vinod Prasad,J. 121. Headline Summary - Section 12 J.J. Act/no criminal history/circumstantial evidence case/surmises cropped in rejection/revision allowed/bail granted. Judgment/Order - CRIMINAL REVISION No. 2463 of 2011 Judgment/Order Dated - 18/7/2011 at Allahabad. Title - Shiva @ Suryakant Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. 122. Headline Summary - No contravention of mentioned control order/confiscation illegal/order set aside. Judgment/Order - CRIMINAL REVISION No. 1724 of 2011 Judgment/Order Dated - 18/7/2011 at Allahabad. Title - Madan Lal Sahu Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. 123. Headline Summary - High Court directs CBI investigation in Dr. Y.S.Sachan's unnatural death in judicial custody,investigation to be completed within maximum three months Judgment/Order - MISC. BENCH No. 6601 of 2011 Judgment/Order Dated - 14/7/2011 at Lucknow. Title - Sachchidanand (Sachchey) [ P.I.L.] Civil Vs. State Of U.P.Through Its Prin. Secy. (Home) U.P.Civil Sectt. Coram - Hon'ble Pradeep Kant,J. and Hon'ble Ritu Raj Awasthi,J. 124. Headline Summary - Defaulter cannot take advantage of his default in divorce proceeding. Judgment/Order - FIRST APPEAL No. 37 of 1992 Judgment/Order Dated - 5/7/2011 at Allahabad. Title - Dr. Tara Charan Agarwal Vs. Smt. Veena Agarwal Coram - Hon'ble Yatindra Singh,J. and Hon'ble Yogesh Chandra Gupta,J. 125. Headline Summary - Charge/227/228 Cr.P.C./accused contention must be decided by a speaking reasoned order/Revision allowed. Judgment/Order - CRIMINAL REVISION No. 2114 of 2011 Judgment/Order Dated - 4/7/2011 at Allahabad. Title - Shiv Prakash Tiwari & Others Vs. State Of U.P. & Another Coram - Hon'ble Vinod Prasad,J. 126. Headline Summary - HC dismisses PIL against constitution of JDC for Lok Pal Bill, says it is within executive discretion of Government to constitute such a committee. Judgment/Order - MISC. BENCH No. 3680 of 2011 Judgment/Order Dated - 22/6/2011 at Lucknow. Title - Asok Pande & Anr. [ P.I.L. ] Civil Vs. Union Of India,Thru. Secy., Prime Minister'S Office, & Ors. Coram - Hon'ble Pradeep Kant,J. and Hon'ble Vedpal,J. 127. Headline Summary - NOTIFICATION NO. S.I. 2942 (E) DATED 18.11.2009 ISSUED BY THE GOVERNMENT OF INDIA SHALL APPLY PROSPECTIVELY Judgment/Order - CRIMINAL APPEAL No. 1354 of 2007 Judgment/Order Dated - 30/5/2011 at Allahabad. Title - Suresh Singh Kushwaha Vs. State Of U.P. Coram - Hon'ble Shri Kant Tripathi,J. 128. Headline Summary - conviction u/s 498A, 304B I.P.C.- D/D not truthful and hear-se-relative witnesses not reliable-appeal allowed-conviction set aside. Judgment/Order - CRIMINAL APPEAL No. 5544 of 2006 Judgment/Order Dated - 25/5/2011 at Allahabad. Title - Govind Hari Swamy And Another Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. 129. Headline Summary - There are exceptions to grant bail to a juvenile/revision dismissed. Judgment/Order - CRIMINAL REVISION No. 1691 of 2011 Judgment/Order Dated - 24/5/2011 at Allahabad. Title - Monu @ Moni @ Rahul @ Rohit Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. 130. Headline Summary - Petition of Amar Singh dismissed. In petition of S.K.Tripathi, investigation entrusted to Enforcement Directorate Ist Status report in Ist week of Jul Judgment/Order - CRIMINAL MISC. WRIT PETITION No. 24225 of 2009 Judgment/Order Dated - 20/5/2011 at Allahabad. Title - Amar Singh Vs. State Of U.P. & Others Coram - Hon'ble Imtiyaz Murtaza,J. and Hon'ble Shyam Shankar Tiwari,J. 131. Headline Summary - Charge of rape-no consent of will present-summoning order justified-revision dismissed. Judgment/Order - CRIMINAL REVISION No. 1169 of 2011 Judgment/Order Dated - 19/5/2011 at Allahabad. Title - Shiwalik Ghosh And Anr. Vs. State Of U.P. And Anr. Coram - Hon'ble Vinod Prasad,J. 132. Headline Summary - To declare a person juvenile, his date of birth recorded in high school certificate will be given preference over date of birth given in other record. Judgment/Order - CRIMINAL REVISION No. 222 of 2008 Judgment/Order Dated - 18/5/2011 at Allahabad. Title - Dharam Singh Vs. State Of U.P. & Another Coram - Hon'ble Shri Kant Tripathi,J. 133. Headline Summary - D.M Bijnor,S.P Bijnor and SO ordered to be transferred. FIR against Judicial officer quashed. Further investigation by CBI. report within 3 months Judgment/Order - CRIMINAL MISC. WRIT PETITION No. 21847 of 2010 Judgment/Order Dated - 17/5/2011 at Allahabad. Title - Tabrez Ahmad Civil Judge(J.D.), Nazibabad,Bijnor Vs. State Of U.P. Coram - Hon'ble Imtiyaz Murtaza,J. and Hon'ble Shri Kant Tripathi,J. 134. Headline Summary - FIR discloses commission of cognizable offence. Quashing of FIR refused. Govt. of Law Commission recommended to make Section 354 IPC non-bailable. Judgment/Order - CRIMINAL MISC. WRIT PETITION No. 8207 of 2011 Judgment/Order Dated - 9/5/2011 at Allahabad. Title - Amit Kumar @ Mittal Vs. State Of U.P. & Others Coram - Hon'ble Amar Saran,J. and Hon'ble S.C. Agarwal,J. 135. Headline Summary - SCHEDULE ANNEXED WITH THE PETITION IN SUPPORT OF THE ALLEGATIONS IS EVIDENCE AND CAN NOT BE TREATED AS PLEADING. Judgment/Order - ELECTION PETITION No. 1 of 2009 Judgment/Order Dated - 5/5/2011 at Allahabad. Title - Chandra Narain Tripathi Vs. Kapil Muni Karwariya Coram - Hon'ble Shri Kant Tripathi,J. 136. Headline Summary - It is mandatory to obtain environmental clearance under the Notification dated 14.9.2006...... Judgment/Order - PUBLIC INTEREST LITIGATION (PIL) No. 6798 of 2011 Judgment/Order Dated - 3/5/2011 at Allahabad. Title - Jagriti Sansthan And Others Vs. State Of U.P. And Others Coram - Hon'ble Ferdino Inacio Rebello,Chief Justice and Hon'ble Prakash Krishna,J. 137. Headline Summary - Environmental clearance is mandatory prior to carry on the mining operations. Judgment/Order - MISC. BENCH No. 9416 of 2010 Judgment/Order Dated - 29/4/2011 at Lucknow. Title - Mohd. Kausar Jah [ P.I.L.] Civil Vs. Union Of India Through Secy. Ministry Of Environment And Coram - Hon'ble Ferdino Inacio Rebello,Chief Justice and Hon'ble Devi Prasad Singh,J. 138. Headline Summary - Conviction well merited, however compensation granted-sentence reduced as first offence. Judgment/Order - CRIMINAL REVISION No. 1604 of 2011 Judgment/Order Dated - 1/4/2011 at Allahabad. Title - Nawal Kishor Tewari Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. 139. Headline Summary - Section 20 Juvenile Justice Act has got precedence over Section 18-Revision dismissed. Judgment/Order - CRIMINAL REVISION No. 906 of 2011 Judgment/Order Dated - 30/3/2011 at Allahabad. Title - Surjeet Singh Vs. State Of U.P. And Others Coram - Hon'ble Vinod Prasad,J. 140. Headline Summary - Powers of Assistant Registrar cancelling the registration of Society, Allahabad High School, Allahabad Judgment/Order - SPECIAL APPEAL No. 281 of 2011 Judgment/Order Dated - 25/3/2011 at Allahabad. Title - Allahabad High School Society Alld. Thru' Secry, & Another Vs. State Of U.P. & Others Coram - Hon'ble D.S.R. Varma,J. and Hon'ble Vikram Nath,J. 141. Headline Summary - NO CASE CAN BE TRANSFERRED ON RAISING OF AN APPREHENSION HAVING NO REASONABLE BASIS Judgment/Order - TRANSFER APPLICATION (CRIMINAL) No. 85 of 2011 Judgment/Order Dated - 25/3/2011 at Allahabad. Title - Laxmi Narain Pandey Vs. State Of U.P. And Others Coram - Hon'ble Shri Kant Tripathi,J. 142. Headline Summary - Premium for driver not paid - Insurance Company not liable to pay compensation. Judgment/Order - FIRST APPEAL FROM ORDER No. 406 of 1992 Judgment/Order Dated - 24/3/2011 at Allahabad. Title - New India Assurance Co. Ltd Vs. Smt. Uma Devi And Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Shyam Shankar Tiwari,J. 143. Headline Summary - Interim mandamus issued to DGP to clear railway tracks and report compliance 29.3.2011 fixed next date Judgment/Order - PUBLIC INTEREST LITIGATION (PIL) No. 16907 of 2011 Judgment/Order Dated - 18/3/2011 at Allahabad. Title - Km. Bharti Kashyap Vs. State Of U.P. And Others Coram - Hon'ble Imtiyaz Murtaza,J. and Hon'ble Shyam Shankar Tiwari,J. 144. Headline Summary - Appeal against conviction under 307 IPC-medical report cooked up-investigation unfair-313 Cr.PC not complied with-appeal allowed-conviction set aside. Judgment/Order - CRIMINAL APPEAL No. 8116 of 2008 Judgment/Order Dated - 16/3/2011 at Allahabad. Title - Shashi Kant Singh And Another Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. 145. Headline Summary - Applicant successful in lottery for liquor shops; application counter signed - liable to pay licence fee on MGQ. Judgment/Order - WRIT TAX No. 1429 of 2006 Judgment/Order Dated - 9/3/2011 at Allahabad. Title - Brij Kishore Jaisal And Another Vs. State Of U.P. Thru' Princ. Secry., (Excise) And Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Prakash Krishna,J. 146. Headline Summary - No person can be added as accused under Section 319 Cr.P.C. after closer of the case. Judgment/Order - CRIMINAL REVISION No. 1440 of 2011 Judgment/Order Dated - 8/3/2011 at Allahabad. Title - Ajay Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. 147. Headline Summary - Circumstantial evidence last seen recovery of weapon statement of deceased of invitation of accused admissible u/s 32(1) of Evidence ActAppeal dismiss Judgment/Order - JAIL APPEAL No. 5198 of 2005 Judgment/Order Dated - 3/3/2011 at Allahabad. Title - Saeeduddin Vs. State Coram - Hon'ble Amar Saran,J. and Hon'ble Naheed Ara Moonis,J. 148. Headline Summary - Deceased's amputated organ reason for preferring unvirtuous DW evidence to PWs Section 7, 146, 148 Evidence Act discussed. Judgment/Order - CRIMINAL APPEAL No. 7320 of 2006 Judgment/Order Dated - 3/3/2011 at Allahabad. Title - Rishi Pal Vs. State Of U.P. Coram - Hon'ble Amar Saran,J. and Hon'ble Naheed Ara Moonis,J. 149. Headline Summary - Repeated 482 Cr.P.C. Applications for the same relief without change of circumstances and facts not maintainable-482Cr.P.C. Applications dismissed. Judgment/Order - APPLICATION U/s 482 No. 30030 of 2009 Judgment/Order Dated - 3/3/2011 at Allahabad. Title - C.P. Singh Vs. State Of U.P. And Another Coram - Hon'ble Vinod Prasad,J. 150. Headline Summary - SUMMONING ORDER WITHOUT OBTAINING RELEVANT MATERIALS IN SUPPORT OF THE INFORMATION RECEIVED U/S190 (1)(C) OF THE CRIMINAL PROCEDURE CODE IS NOT PROPER Judgment/Order - CRIMINAL REVISION No. 1409 of 2001 Judgment/Order Dated - 25/2/2011 at Allahabad. Title - Ram Vilash Chauhan & Others Vs. State Of U.P.& Others Coram - Hon'ble Shri Kant Tripathi,J. 151. Headline Summary - A HEAVY DUTY LIES ON THE STATE TO PROTECT WITNESSES FROM BEING TAMPERED WITH. ACCUSED INVOLVED IN TAMPERING WITH THE EVIDENCE IS NOT ENTITLED TO BAIL. Judgment/Order - CRIMINAL MISC. BAIL APPLICATION No. 32428 of 2009 Judgment/Order Dated - 24/2/2011 at Allahabad. Title - Gufran Ahmad Vs. State Of U.P. Coram - Hon'ble Shri Kant Tripathi,J. 152. Headline Summary - Interest for the period accounts books were seized should be waived. Judgment/Order - WRIT TAX No. 258 of 2005 Judgment/Order Dated - 10/2/2011 at Allahabad. Title - M/S J.S.D. Colonizers (P) Ltd Vs. Uniion Of India & Another Coram - Hon'ble Yatindra Singh,J. and Hon'ble Prakash Krishna,J. 153. Headline Summary - If search under Income Tax Act is challenged, the Department has to disclose information except source. Judgment/Order - WRIT TAX No. 75 of 2010 Judgment/Order Dated - 4/2/2011 at Allahabad. Title - M/S M.D. Overseas Ltd. Vs. Director General Of Income-Tax (Inv.) North And Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Prakash Krishna,J. 154. Headline Summary - PIL for reforming police working, train it it with scientific skill. Government called upon to file counter affidavit sworn by officer. Judgment/Order - CRIMINAL MISC. WRIT PETITION No. 1797 of 2011 Judgment/Order Dated - 28/1/2011 at Allahabad. Title - Mohammad Qasim Vs. State Of U.P. And Others Coram - Hon'ble Imtiyaz Murtaza,J. and Hon'ble Shri Kant Tripathi,J. 155. Headline Summary - Notice issued to Govt in the matter of harassment or torture of villagers in Madauka village Naini PS on Hindustan reports Judgment/Order - CRIMINAL MISC. WRIT PETITION No. 1784 of 2011 Judgment/Order Dated - 25/1/2011 at Allahabad. Title - In The Matter Of Harassment Or Torture Of Villagers Vs. State Of U.P. Coram - Hon'ble Imtiyaz Murtaza,J. and Hon'ble Shri Kant Tripathi,J. 156. Headline Summary - Section 174(1)(a) Municipal Corporation Act is valid Judgment/Order - WRIT TAX No. 1504 of 2006 Judgment/Order Dated - 24/1/2011 at Allahabad. Title - Clark Hotel Limited Thru' Managing Director Upendra Gupta Vs. Stae Of U.P. Thru' The Principal Secretary U.D.L.B. & Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Prakash Krishna,J. 157. Headline Summary - Conviction u/s 376 IPC/victim major/eloped on her own volition/consenting party/ conviction set aside/appeal allowed. Judgment/Order - JAIL APPEAL No. 2356 of 2009 Judgment/Order Dated - 24/1/2011 at Allahabad. Title - Sanjiv @ Sanju Vs. State Coram - Hon'ble Vinod Prasad,J. 158. Headline Summary - Appeal against acquittal-incident 34 years ago-remand of case not desirable-bleak chances of evidence being available-appeal dismissed Judgment/Order - GOVERNMENT APPEAL No. 2971 of 1980 Judgment/Order Dated - 21/1/2011 at Allahabad. Title - State Of U.P. Vs. Shamim Beg Coram - Hon'ble Vinod Prasad,J. and Hon'ble Yogesh Chandra Gupta,J. 159. Headline Summary - In Sheelu Nishad case, the victim ordered to be released forthwith from jail attended with direction to provide security to the victim and her family. Judgment/Order - CRIMINAL MISC. WRIT PETITION No. 974 of 2011 Judgment/Order Dated - 15/1/2011 at Allahabad. Title - In The Matter Of Sheelu Nishad, A Rape Victim Lodged In Jail Vs. State Of U.P. Coram - Hon'ble Imtiyaz Murtaza,J. and Hon'ble S.C. Agarwal,J. 160. Headline Summary - Prior to 1.4.1989, assessment u/s 141(1) of the IT Act was regular assessment. Judgment/Order - INCOME TAX APPEAL No. 61 of 2000 Judgment/Order Dated - 7/1/2011 at Allahabad. Title - The Commissioner Of Income Tax Vs. D.S. Batra (Indl) Coram - Hon'ble Yatindra Singh,J. and Hon'ble Prakash Krishna,J. 161. Headline Summary - One out of two exemptions can always be opted unless specifically or impliedly barred by other. Judgment/Order - CENTRAL EXCISE REFERENCE No. 31 of 2000 Judgment/Order Dated - 23/12/2010 at Allahabad. Title - Cce Meerut Vs. Modi Xerox Ltd. Rampur Coram - Hon'ble Yatindra Singh,J. and Hon'ble Prakash Krishna,J. 162. Headline Summary - Full Bench viewed that order U/S 156(3) Cr.P.C. interlocutory, no revision or application 482 Cr.P.C.lie by prospective accused Judgment/Order - CRIMINAL REVISION No. 1640 of 2001 Judgment/Order Dated - 22/12/2010 at Allahabad. Title - Father Thomas Vs. State Of U.P. & Another Coram - Hon'ble Amar Saran,J. , Hon'ble Ashok Kumar Roopanwal,J. and Hon'ble Surendra Singh,J. 163. Headline Summary - Co-accused granted bail-only conviction for conspiracy-appellant granted bail. Judgment/Order - CRIMINAL APPEAL No. 7826 of 2010 Judgment/Order Dated - 13/12/2010 at Allahabad. Title - Ashok Chaturvedi Vs. Central Bureau Of Investigation And Anr. Coram - Hon'ble Vinod Prasad,J. 164. Headline Summary - Collective decision of Statutory Board-cannot be conspiracy by one-consensus evidence missing-Smt. Neera Yadav granted bail. Judgment/Order - CRIMINAL APPEAL No. 7834 of 2010 Judgment/Order Dated - 13/12/2010 at Allahabad. Title - Smt. Neera Yadav Vs. State Of U.P. Thru. C.B.I. Coram - Hon'ble Vinod Prasad,J. 165. Headline Summary - Entertainment Tax Act - no provision to impose damages for loss of entertainment tax Judgment/Order - WRIT TAX No. 389 of 2006 Judgment/Order Dated - 10/12/2010 at Allahabad. Title - Sita Ram Tekariwal Vs. State Of U.P. & Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Prakash Krishna,J. 166. Headline Summary - In the matter of Rakhi Sawant, stay order of arrest granted Judgment/Order - CRIMINAL MISC. WRIT PETITION No. 22127 of 2010 Judgment/Order Dated - 10/12/2010 at Allahabad. Title - Rakhi Sawant Vs. State Of U.P. & Others Coram - Hon'ble Imtiyaz Murtaza,J. and Hon'ble Ram Autar Singh,J. 167. Headline Summary - show cause noticed issued to AB Rajmauli Distt Magistrate Bijnor for initiating contempt proceeding. Vigilance enquiry set up. Judgment/Order - CRIMINAL MISC. WRIT PETITION No. 21847 of 2010 Judgment/Order Dated - 9/12/2010 at Allahabad. Title - Tabrez Ahmad Civil Judge(J.D.), Nazibabad,Bijnor Vs. State Of U.P. Coram - Hon'ble Imtiyaz Murtaza,J. and Hon'ble Ram Autar Singh,J. 168. Headline Summary - G.O. dated 25.8.2010 is modified to the extent that appointment of Rojgar Sewaks shall be renewed for one year at a time subject to satisfactory work. Judgment/Order - WRIT - A No. 56644 of 2010 Judgment/Order Dated - 7/12/2010 at Allahabad. Title - Shiv Manorath Shukla And Others Vs. State Of U.P. And Others Coram - Hon'ble Dilip Gupta,J. 169. Headline Summary - Amount sent by Mandi Samiti to the Parishad is application of records under Income Tax Act. Judgment/Order - INCOME TAX APPEAL DEFECTIVE No. 58 of 2010 Judgment/Order Dated - 2/12/2010 at Allahabad. Title - The Commissioner Of Income Tax And Another Vs. Krishi Utpadan Mandi Samiti Coram - Hon'ble Yatindra Singh,J. and Hon'ble Prakash Krishna,J. 170. Headline Summary - Fee for advertisement on TV Channel by Nagar Palika Parishad - not permissible Judgment/Order - WRIT TAX No. 2066 of 2002 Judgment/Order Dated - 30/11/2010 at Allahabad. Title - Sanjai Gupta Vs. State Of U.P. Thru' D.M., Etah And Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Prakash Krishna,J. 171. Headline Summary - Rule 11 of 1987 Rules for Madarsa will also apply to earlier recognised Madarsas. Judgment/Order - WRIT - C No. 37695 of 2010 Judgment/Order Dated - 29/11/2010 at Allahabad. Title - C/M, Madarsa Quraniya Adampur Akbar Thru' Manaer & Others Vs. State Of U.P. Thru' Chief Secretary Govt. Of U.P. & Others Coram - Hon'ble Dilip Gupta,J. 172. Headline Summary - Arrest of the petitioners stayed as a consequence of FIR resulting from episode "Rakhi Ka Insaf" Judgment/Order - CRIMINAL MISC. WRIT PETITION No. 21331 of 2010 Judgment/Order Dated - 29/11/2010 at Allahabad. Title - Anju Raikwar And Others Vs. State Of U.P. And Others Coram - Hon'ble Imtiyaz Murtaza,J. and Hon'ble Ram Autar Singh,J. 173. Headline Summary - The jurisdiction to verify the caste certificate and whether it should be validated or invalidated is of the Caste Scrutiny Committee. Judgment/Order - WRIT - C No. 69019 of 2010 Judgment/Order Dated - 26/11/2010 at Allahabad. Title - Hizwana Bano Vs. State Of U.P. Thru' Collector And Others Coram - Hon'ble Ferdino Inacio Rebello,Chief Justice and Hon'ble Vineet Saran,J. 174. Headline Summary - Case falling under two heads u/s 153 Income Tax Act - time should be excluded for both. Judgment/Order - INCOME TAX REFERENCE No. 189 of 1987 Judgment/Order Dated - 23/11/2010 at Allahabad. Title - C.I.T. Vs. M/S Luxco Electronics Coram - Hon'ble Yatindra Singh,J. and Hon'ble Prakash Krishna,J. 175. Headline Summary - Draft order under section 144B of Income Tax Act should be referred to IAC conferred concurrent jurisdiction. Judgment/Order - INCOME TAX REFERENCE No. 57 of 1986 Judgment/Order Dated - 23/11/2010 at Allahabad. Title - C.I.T. Allahabad Vs. M/S. S. Sugar Mills Pvt. Ltd., Gorakhpur Coram - Hon'ble Yatindra Singh,J. and Hon'ble Prakash Krishna,J. 176. Headline Summary - At the stage of charge, neither pros and cons of the case nor the defence evidence can be considered. Charge can be framed even on grave suspicion. Judgment/Order - U/S 482/378/407 No. 2912 of 2010 Judgment/Order Dated - 19/11/2010 at Lucknow. Title - Vijay Kumar Trivedi Vs. State Of U.P. And Another Coram - Hon'ble Shri Kant Tripathi,J. 177. Headline Summary - The question whether model shop during excise year can be relocated - referred to the third judge. Judgment/Order - WRIT TAX No. 1043 of 2010 Judgment/Order Dated - 12/11/2010 at Allahabad. Title - Rakesh Singh Vs. State Of U.P. And Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Rajes Kumar,J. 178. Headline Summary - contempt notice issued to Editor and others, Hindustan Times to appear in court on 13.12.2010 Judgment/Order - CONTEMPT APPLICATION (CRIMINAL) No. 20 of 2010 Judgment/Order Dated - 11/11/2010 at Allahabad. Title - Vikas Tiwari Vs. State Of U.P. & Others Coram - Hon'ble Imtiyaz Murtaza,J. and Hon'ble Ashok Srivastava,J. 179. Headline Summary - Not necessary for the empowered officer to personally record reasons. Judgment/Order - WRIT TAX No. 1289 of 2003 Judgment/Order Dated - 27/10/2010 at Allahabad. Title - M/S N.K. Laminates Pvt Ltd. Vs. Supdt (C.P.) Central Excise, Kanpur & Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Rajes Kumar,J. 180. Headline Summary - summoning order-not to be a speaking order-presumption u/s 114(e) of Evidence Act can be applied. Judgment/Order - APPLICATION U/s 482 No. 33856 of 2010 Judgment/Order Dated - 27/10/2010 at Allahabad. Title - Anand Kumar Porwal Vs. State Of U.P.And Another Coram - Hon'ble Vinod Prasad,J. 181. Headline Summary - A word used at different place in the Act or Rule may have different meaning according to its context. Judgment/Order - WRIT - C No. 36881 of 2008 Judgment/Order Dated - 26/10/2010 at Allahabad. Title - Viveka Nand Yadav Vs. State Of U.P. And Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Rajes Kumar,J. 182. Headline Summary - Opportunity to head of local body necessary before ceasing financial power. Judgment/Order - WRIT - C No. 62427 of 2008 Judgment/Order Dated - 26/10/2010 at Allahabad. Title - Hafiz Ataullah Ansari Vs. State Of U.P. And Another Coram - Hon'ble Yatindra Singh,J. , Hon'ble Rajes Kumar,J. and Hon'ble Krishna Murari,J. 183. Headline Summary - prayer for criminal contempt against Chief Minister-statement not scandalize to judicial proceeding- prayer refused Judgment/Order - CONTEMPT APPLICATION (CRIMINAL) No. 7 of 2009 Judgment/Order Dated - 22/10/2010 at Allahabad. Title - Smt. Alka Rai Ex. M.L.A. Vs. Miss Mayawati The Hon'Ble Chief Minister Of U.P. Coram - Hon'ble Vinod Prasad,J. and Hon'ble Yogesh Chandra Gupta,J. 184. Headline Summary - No fresh declaration under 57G Excise Rules unless change in input or final product. Judgment/Order - CENTRAL EXCISE REFERENCE No. 112 of 2000 Judgment/Order Dated - 19/10/2010 at Allahabad. Title - Commissioner Central Excise, Kanpur Vs. M/S Standard Sul. Ltd. And Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Rajes Kumar,J. 185. Headline Summary - cognizance taken by way of suo motu proceeding against "out Look" magazine fixing 12.11.2010 for publishing article denigrating C.J of Alld High Court Judgment/Order - CONTEMPT APPLICATION (CRIMINAL) No. 17 of 2010 Judgment/Order Dated - 11/10/2010 at Allahabad. Title - Ravi Kiran Jain Senior Advocate Vs. Vinod Mehta Editor-In-Chief Outlook & Others Coram - Hon'ble Imtiyaz Murtaza,J. and Hon'ble Naheed Ara Moonis,J. 186. Headline Summary - Subsequent involvement of accused on bail in similar cases amounting regular harassment of complainant a witness, warrants cancellation of his bail. Judgment/Order - CRIMINAL MISC. BAIL APPLICATION No. 18501 of 2009 Judgment/Order Dated - 8/10/2010 at Allahabad. Title - Smt. Veena Verma Vs. State Of U.P. & Another Coram - Hon'ble Virendra Singh,J. 187. Headline Summary - ...it appears that the word 'ADYATAN' means up-to-date and not merely as on date.... Judgment/Order - SPECIAL APPEAL No. 1565 of 2010 Judgment/Order Dated - 28/9/2010 at Allahabad. Title - Km. Seema Vs. State Of U.P. Thru. Sec. Lko. And Others Coram - Hon'ble Ferdino Inacio Rebello,Chief Justice and Hon'ble Amreshwar Pratap Sahi,J. 188. Headline Summary - Justice must be seen to be done. Judgment/Order - WRIT TAX No. 1139 of 2010 Judgment/Order Dated - 27/9/2010 at Allahabad. Title - Ganesh Polytex Ltd Thru' Director Sharad Sharma Vs. Union Of India & Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Rajes Kumar,J. 189. Headline Summary - Corporater, Society of Union are not union - Article 285 not applicable. Judgment/Order - WRIT TAX No. 347 of 2004 Judgment/Order Dated - 23/9/2010 at Allahabad. Title - Banaras Hindu University, Varnaasi Thru' Its Registrar Vs. State Of U.P. Thru' Principal Secy. Nagar Vikas & Ors. Coram - Hon'ble Yatindra Singh,J. and Hon'ble Rajes Kumar,J. 190. Headline Summary - Money charged for advertisement hoarding on Board's land - not a tax. Judgment/Order - WRIT TAX No. 612 of 2010 Judgment/Order Dated - 20/9/2010 at Allahabad. Title - U.P. Advertiser Association & Another Vs. Union Of India & Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Rajes Kumar,J. 191. Headline Summary - Section 12 of the Juvenile Justice(Care & Protection of Children) Act, 2000 overrides section 37 of the Narcotic Drugs and Psychotropic Substances Act Judgment/Order - CRIMINAL REVISION No. 2992 of 2010 Judgment/Order Dated - 16/9/2010 at Allahabad. Title - Praveen Kumar Maurya @ Praveen Maurya Vs. State Of U.P. Coram - Hon'ble Shri Kant Tripathi,J. 192. Headline Summary - Fake encounter/sanction for prosecution nor required/prayer for quashing refused. Judgment/Order - APPLICATION U/s 482 No. 15298 of 2010 Judgment/Order Dated - 14/9/2010 at Allahabad. Title - Jai Prakash Tiwari Vs. State Of U.P. & Another Coram - Hon'ble Vinod Prasad,J. 193. Headline Summary - stridhan dispute-complaint at Ghaziabad without jurisdiction against all accused except husband- prosecution of all relatives but for A-1 quashed. Judgment/Order - APPLICATION U/s 482 No. 11315 of 2009 Judgment/Order Dated - 14/9/2010 at Allahabad. Title - Sujeet Kumar & Others Vs. State Of U.P. & Another Coram - Hon'ble Vinod Prasad,J. 194. Headline Summary - Quashing of murder case/evidence disclosed/Writ Petition dismissed. Judgment/Order - CRIMINAL MISC. WRIT PETITION No. 7139 of 2010 Judgment/Order Dated - 13/9/2010 at Allahabad. Title - Mahadeo Prashad Vs. State Of U.P. & Another Coram - Hon'ble Vinod Prasad,J. 195. Headline Summary - Authorised Controller/Prabandh Sanchalak/Administrator will exercise all powers conferred by the scheme of administration in addition powers ...... Judgment/Order - WRIT - A No. 46320 of 2004 Judgment/Order Dated - 8/9/2010 at Allahabad. Title - Yashoda Raj Kumari Kunjil Vs. State Of U.P. And Others Coram - Hon'ble Ferdino Inacio Rebello,Chief Justice and Hon'ble V.K. Shukla,J. 196. Headline Summary - ..withdrawal of equivalence would, therefore, not apply retrospectively and prior to that the certificates would not stand annulled automatically.. Judgment/Order - SPECIAL APPEAL No. 1426 of 2010 Judgment/Order Dated - 7/9/2010 at Allahabad. Title - Bhagwat Narain Chaturvedi & Another Vs. State Of U.P. & Others Coram - Hon'ble Ferdino Inacio Rebello,Chief Justice and Hon'ble Amreshwar Pratap Sahi,J. 197. Headline Summary - prayer for quashing of case u/s 498-A etc-part of cause of action arose in district Varanasi-application dismissed. Judgment/Order - APPLICATION U/s 482 No. 9023 of 2009 Judgment/Order Dated - 27/8/2010 at Allahabad. Title - Ravi Shanker Pal & Ors Vs. State Of U.P.& Anr Coram - Hon'ble Vinod Prasad,J. 198. Headline Summary - ... it is trite law that subsequent events relating to controversy can be taken judicial notice of and relief can be moulded to do complete justice... Judgment/Order - SPECIAL APPEAL DEFECTIVE No. 777 of 2010 Judgment/Order Dated - 26/8/2010 at Allahabad. Title - The Basic Shiksha Adhikari, Etah & Others Vs. Ram Dularey Sharma & Others Coram - Hon'ble Ferdino Inacio Rebello,Chief Justice and Hon'ble Amreshwar Pratap Sahi,J. 199. Headline Summary - Benefit of Scheme dated 3.11.1999 from date of installation/ upgradation. Judgment/Order - WRIT TAX No. 503 of 2005 Judgment/Order Dated - 26/8/2010 at Allahabad. Title - M/S Nandan Talkies Vs. State Of U.P. Thru' Secy. Tax & Institutional Finance & Anr Coram - Hon'ble Yatindra Singh,J. and Hon'ble Rajes Kumar,J. 200. Headline Summary - No opportunity is required to be given if selection is made on the basis of a forged marksheet Judgment/Order - WRIT - A No. 51448 of 2010 Judgment/Order Dated - 25/8/2010 at Allahabad. Title - Harendra Singh Vs. State Of U.P. And Others Coram - Hon'ble Dilip Gupta,J. 201. Headline Summary - Order of acquittal reasonable - no interference by appellate court. Judgment/Order - CAPITAL CASES No. 8077 of 2008 Judgment/Order Dated - 17/8/2010 at Allahabad. Title - Om Nath Vs. State Of U.P. Coram - Hon'ble Yatindra Singh,J. and Hon'ble Rajes Kumar,J. 202. Headline Summary - Therefore, if at all law of agency applies it would be between sender and post office ...post office is bound .. to deliver it to the addressee... Judgment/Order - WRIT - A No. 20841 of 2009 Judgment/Order Dated - 13/8/2010 at Allahabad. Title - Neena Chaturvedi Vs. Public Service Commission Coram - Hon'ble Ferdino Inacio Rebello,Chief Justice , Hon'ble Dilip Gupta,J. and Hon'ble Sanjay Misra,J. 203. Headline Summary - Directors are not liable for the offence committed by the company merely on the ground that they are directors. Judgment/Order - APPLICATION U/s 482 No. 1724 of 1995 Judgment/Order Dated - 12/8/2010 at Allahabad. Title - Yogendra Singh Vs. Ranbir Sharma & Another Coram - Hon'ble Shri Kant Tripathi,J. 204. Headline Summary - Witness protection programme is integral part of criminal justice reforms. Judgment/Order - CAPITAL CASES No. 1748 of 2008 Judgment/Order Dated - 10/8/2010 at Allahabad. Title - Rishipal Vs. State Of U.P. Coram - Hon'ble Yatindra Singh,J. and Hon'ble Surendra Singh,J. 205. Headline Summary - Crl.Appeal u/s 302 IPC/FIR ante-timed/witnesses unreliable/recovery not proved/appeal allowed/accused acquitted. Judgment/Order - CRIMINAL APPEAL No. 1417 of 2006 Judgment/Order Dated - 6/8/2010 at Allahabad. Title - Dharmendra Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. and Hon'ble Rajesh Chandra,J. 206. Headline Summary - Crl.Appl u/s 307 IPC/right of private defence claimed/Section 34 not applicable/charged defective/witnesses reliable/appeal partly allowed/ Judgment/Order - CRIMINAL APPEAL No. 1951 of 2006 Judgment/Order Dated - 6/8/2010 at Allahabad. Title - Mulla (Kalu) (Tahir) & Another Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. 207. Headline Summary - Prosecution agency must be toned up. Judgment/Order - CAPITAL CASES No. 8134 of 2008 Judgment/Order Dated - 5/8/2010 at Allahabad. Title - Vinay Kumar Vs. State Of U.P. Coram - Hon'ble Yatindra Singh,J. and Hon'ble Surendra Singh,J. 208. Headline Summary - Diverting GPF funds for paying salaries of illegally appointed Ballia teaching, nonteaching staff unwarranted. Court orders no excuse. FIR not quashed Judgment/Order - CRIMINAL MISC. WRIT PETITION No. 9873 of 2010 Judgment/Order Dated - 4/8/2010 at Allahabad. Title - Vinayendra Nath Upadhyay And Others Vs. State Of U.P. & Ors. Coram - Hon'ble Amar Saran,J. and Hon'ble S.C. Agarwal,J. 209. Headline Summary - ...once the tenure has come to an end, there is no legal right vested to claim continuance ... Judgment/Order - SPECIAL APPEAL DEFECTIVE No. 681 of 2010 Judgment/Order Dated - 28/7/2010 at Allahabad. Title - Smt. Geeta Devi Vs. Uma Shanker Yadav And Others Coram - Hon'ble Ferdino Inacio Rebello,Chief Justice and Hon'ble Amreshwar Pratap Sahi,J. 210. Headline Summary - Modern scientific methods should be used by investigators. Judgment/Order - CAPITAL CASES No. 6632 of 2008 Judgment/Order Dated - 28/7/2010 at Allahabad. Title - Kanhaiya Vs. State Of U.P. Coram - Hon'ble Yatindra Singh,J. and Hon'ble Surendra Singh,J. 211. Headline Summary - 482 Cr.P.C. application-307/392/504/506 I.P.C.-parties closely related-compromised the case-application allowed-proceeding quashed. Judgment/Order - APPLICATION U/s 482 No. 137 of 2009 Judgment/Order Dated - 23/7/2010 at Allahabad. Title - Jitendra Pal @ Pappu And Others Vs. State Of U.P.And Another Coram - Hon'ble Vinod Prasad,J. 212. Headline Summary - Intermediate Examination Certificate cannot be issued on the basis of a forged document Judgment/Order - WRIT - C No. 10993 of 2007 Judgment/Order Dated - 21/7/2010 at Allahabad. Title - Navneet Kumar Vs. State Of U.P. Thru' Secry. Madhamik Shiksha Parishad & Ors. Coram - Hon'ble Dilip Gupta,J. 213. Headline Summary - Criminal Appeal u/s 302/sudden occurrence/absence of intention/deceased started quarrel/conviction altered under 304(II)/appeal partly allowed. Judgment/Order - JAIL APPEAL No. 5622 of 2007 Judgment/Order Dated - 16/7/2010 at Allahabad. Title - Ram Pyare Uraon & Others Vs. State Coram - Hon'ble Vinod Prasad,J. and Hon'ble Surendra Singh,J. 214. Headline Summary - Criminal Appeal/302 IPC/charge defective/313 no circumstance put/Appeal allowed/conviction set aside. Judgment/Order - CRIMINAL APPEAL No. 4814 of 2004 Judgment/Order Dated - 16/7/2010 at Allahabad. Title - Raees Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. and Hon'ble Virendra Singh,J. 215. Headline Summary - 482-Recall Application-Applicants committed fraud and material concealment-Recall Application dismissed. Judgment/Order - APPLICATION U/s 482 No. 32141 of 2009 Judgment/Order Dated - 9/7/2010 at Allahabad. Title - Suresh Chandra Mishra & Another Vs. State Of U.P. & Another Coram - Hon'ble Vinod Prasad,J. 216. Headline Summary - Members of Committee of Management cannot be removed by vote of no confidence in the absence of such provision in the Bye-Laws Judgment/Order - WRIT - C No. 56433 of 2009 Judgment/Order Dated - 5/7/2010 at Allahabad. Title - C/M, Dharma S.S. Inter College & Sanskrit Pathsala & Ors. Vs. State Of U.P. & Others Coram - Hon'ble Dilip Gupta,J. 217. Headline Summary - Criminal Appeal/Conviction under 393 IPC/fact witnesses unreliable/accused arrest doubtful/appeal allowed/conviction set aside. Judgment/Order - CRIMINAL APPEAL No. 2835 of 2010 Judgment/Order Dated - 28/6/2010 at Allahabad. Title - Ravindra Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. 218. Headline Summary - Order u/s 319 CrPC should be passed only when evidence is of such quality as to lead conviction.Mere non-examination of witness does'nt vitiate order. Judgment/Order - U/S 482/378/407 No. 2532 of 2010 Judgment/Order Dated - 28/5/2010 at Lucknow. Title - Rajol And Others Vs. State Of U.P. And Another Coram - Hon'ble Shri Kant Tripathi,J. 219. Headline Summary - Notwithstanding, Aganwadi workers are not holders of civil posts they are entitle to invoke writ jurisdiction against termination of their services. Judgment/Order - SPECIAL APPEAL No. 1121 of 2005 Judgment/Order Dated - 28/5/2010 at Allahabad. Title - Smt. Sheela Devi & Another Vs. State Of U.P. Thru' Principal Secy. & Others Coram - Hon'ble Sheo Kumar Singh,J. , Hon'ble Pankaj Mithal,J. and Hon'ble Ashok Kumar Roopanwal,J. 220. Headline Summary - Conviction on extra judicial confession corroborated by circumstances - permissible. Judgment/Order - CAPITAL CASES No. 1747 of 2007 Judgment/Order Dated - 28/5/2010 at Allahabad. Title - Shafiq Vs. State Of U.P. Coram - Hon'ble Yatindra Singh,J. and Hon'ble Surendra Singh,J. 221. Headline Summary - Incident in night - If accused are well known then identification can not be questioned. Judgment/Order - CAPITAL CASES No. 6610 of 2009 Judgment/Order Dated - 28/5/2010 at Allahabad. Title - Randhey & Another Vs. State Of U.P. Coram - Hon'ble Yatindra Singh,J. and Hon'ble Shyam Shankar Tiwari,J. 222. Headline Summary - Period of lease cannot be extended by the Court direction to the State Government to realise benefit under the interim order. Judgment/Order - WRIT - C No. 27820 of 2008 Judgment/Order Dated - 25/5/2010 at Allahabad. Title - Smt. Ram Lali Mishra Vs. State Of U.P. Thru' Secy. Ministry Of Geology & Mining & Ors Coram - Hon'ble Dilip Gupta,J. 223. Headline Summary - Order passed by the Vice-Chancellor for cancellation of the Post Graduate Medical Entrance Examination for Institutional seats set aside. Judgment/Order - WRIT - C No. 23997 of 2010 Judgment/Order Dated - 21/5/2010 at Allahabad. Title - Dr. Anurag Kumar Tiwari & Ors. Vs. Union Of India Thru. Secr. Ministryof H.R.D. & Ors. Coram - Hon'ble Dilip Gupta,J. 224. Headline Summary - Circular of State Government for excluding negative marking for SC/ST candidates only for admission to P.G. Medical Courses set aside Judgment/Order - WRIT - C No. 20147 of 2010 Judgment/Order Dated - 20/5/2010 at Allahabad. Title - Hemant Krishna Maurya And Others Vs. State Of U.P. And Others Coram - Hon'ble Dilip Gupta,J. 225. Headline Summary - Criminal Appeal/charge of gang rape by 4 accused/medical consistent with victim's testimony/conviction confirmed/Appeal dismissed. Judgment/Order - CRIMINAL APPEAL No. 3089 of 2006 Judgment/Order Dated - 14/5/2010 at Allahabad. Title - Vipin & Another Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. 226. Headline Summary - Fine U/s 302 IPC is not mandatory. Judgment/Order - CAPITAL CASES No. 6713 of 2009 Judgment/Order Dated - 11/5/2010 at Allahabad. Title - Santosh Kumar Baranwal Vs. State Of U.P. Coram - Hon'ble Yatindra Singh,J. and Hon'ble B.N. Shukla,J. 227. Headline Summary - Writ for quashing of FIR/marriage not sanctified by muslim law/FIR cannot be quashed/writ dismissed. Judgment/Order - CRIMINAL MISC. WRIT PETITION No. 6169 of 2010 Judgment/Order Dated - 10/5/2010 at Allahabad. Title - Dilbar Habib Siddiqui Vs. State Of U.P. & Others Coram - Hon'ble Vinod Prasad,J. and Hon'ble Rajesh Chandra,J. 228. Headline Summary - Direction to the Dental College to refund of excess fees and for issuance of Certificates given Judgment/Order - WRIT - C No. 3432 of 2006 Judgment/Order Dated - 6/5/2010 at Allahabad. Title - Rama Edeucational Society And Another Vs. State Of U.P. And Another Coram - Hon'ble Dilip Gupta,J. 229. Headline Summary - Criminal Appeal/ 10 years sentence/appellant already undergone 9 and a half year/ conviction altered to sentence undergone/ appeal partly allowed. Judgment/Order - CRIMINAL APPEAL No. 6978 of 2007 Judgment/Order Dated - 5/5/2010 at Allahabad. Title - Muneshwar @ Arvind Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. 230. Headline Summary - No explanation adds a link in cases of circumstantial evidence. Judgment/Order - CAPITAL CASES No. 75 of 2010 Judgment/Order Dated - 29/4/2010 at Allahabad. Title - Ram Samujh Yadav Vs. State Of U.P. Coram - Hon'ble Yatindra Singh,J. and Hon'ble B.N. Shukla,J. 231. Headline Summary - Wrong admission cancelled as no sympathy is to be shown and direction for admission of petitioner given. Judgment/Order - WRIT - C No. 50029 of 2009 Judgment/Order Dated - 26/4/2010 at Allahabad. Title - Km. Anjuman Upadhyay Vs. Principal, District Insti. Of Educ. & Training & Ors. Coram - Hon'ble Dilip Gupta,J. 232. Headline Summary - Term of Committee of Management will start when charge is given in view of such a Clause in the Scheme of Administration Judgment/Order - WRIT - C No. 55640 of 2009 Judgment/Order Dated - 20/4/2010 at Allahabad. Title - Dr. Mahendra Pratap Singh And Others Vs. State Of U.P. And Others Coram - Hon'ble Dilip Gupta,J. 233. Headline Summary - Dying declaration before police is admissible u/s 162 (2) CrPC. Judgment/Order - CRIMINAL APPEAL No. 2182 of 1982 Judgment/Order Dated - 16/4/2010 at Allahabad. Title - Laxmi And Others Vs. State Of U.P. Coram - Hon'ble Yatindra Singh,J. and Hon'ble B.N. Shukla,J. 234. Headline Summary - conviction u/s 302 I.P.C.-circumstantial evidence recovery of body and cycle of deceased from the appellant-witnesses reliable-appeal dismissed Judgment/Order - CRIMINAL APPEAL No. 62 of 1984 Judgment/Order Dated - 25/3/2010 at Allahabad. Title - Babu Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. and Hon'ble Vedpal,J. 235. Headline Summary - Statements under section 161 CrPC not supplied - Trial not vitiated unless there is failure of justice. Judgment/Order - CAPITAL CASES No. 6080 of 2009 Judgment/Order Dated - 19/3/2010 at Allahabad. Title - Vishal Parmanand & Others Vs. State Of U.P. Coram - Hon'ble Yatindra Singh,J. and Hon'ble B.N. Shukla,J. 236. Headline Summary - After rejecting final report, cognizance can not be taken on the basis of affidavits etc. filed in support of protest petition. Judgment/Order - APPLICATION U/s 482 No. 5023 of 2010 Judgment/Order Dated - 16/3/2010 at Allahabad. Title - Vimlesh Vs. State Of U.P. And Another Coram - Hon'ble Vijay Kumar Verma,J. 237. Headline Summary - Currency notes of same number and in one series foundfrom different accused in Mela suggest trafficking punishable for life us 489-B IPC. Bail refused Judgment/Order - CRIMINAL APPEAL No. 404 of 2010 Judgment/Order Dated - 15/3/2010 at Allahabad. Title - Raju @ Riyazuddin Vs. State Of U.P. Coram - Hon'ble Amar Saran,J. and Hon'ble Shyam Shankar Tiwari,J. 238. Headline Summary - Murder of wife-Presence of husband established-D/D truthful-conviction confirmed. Judgment/Order - JAIL APPEAL No. 6365 of 2008 Judgment/Order Dated - 15/3/2010 at Allahabad. Title - Sukhram Vs. State Coram - Hon'ble Vinod Prasad,J. and Hon'ble Rajesh Chandra,J. 239. Headline Summary - HC recommends mediation in cases U/S 498-A IPC and 3/4 DP Act and allied offences and otherthan exceptional cases restrains immediate arrests on FIR Judgment/Order - CRIMINAL MISC. WRIT PETITION No. 3322 of 2010 Judgment/Order Dated - 26/2/2010 at Allahabad. Title - Sanjeev Kumar & Others Vs. State Of U.P. & Others Coram - Hon'ble Amar Saran,J. and Hon'ble Shyam Shankar Tiwari,J. 240. Headline Summary - Case of circumstantial evidence - all circumstances must be proved. Judgment/Order - CAPITAL CASES No. 4865 of 2009 Judgment/Order Dated - 23/2/2010 at Allahabad. Title - Sanjay Vs. State Of U.P. Coram - Hon'ble Yatindra Singh,J. and Hon'ble B.N. Shukla,J. 241. Headline Summary - Medical evidence not inconsistent, if can be explained. Judgment/Order - CRIMINAL APPEAL No. 1208 of 1982 Judgment/Order Dated - 22/2/2010 at Allahabad. Title - Jwala Prasad Vs. State Coram - Hon'ble Yatindra Singh,J. and Hon'ble B.N. Shukla,J. 242. Headline Summary - Trial Judge issuing 181 IPC prosecution notice, then discharging threatened hostile witness, cancelling bail of accused appreciated.Bail rejected byHC Judgment/Order - CRIMINAL MISC. BAIL APPLICATION No. 22094 of 2009 Judgment/Order Dated - 19/2/2010 at Allahabad. Title - Pintoo & Others Vs. State Of U.P. Coram - Hon'ble Amar Saran,J. 243. Headline Summary - Manoj Nigam Advocate Kanpur Nagar convicted and sentenced to one month SI a fine of Rs. 20,000/- but sentence shall remain suspended for two years. Judgment/Order - CONTEMPT APPLICATION (CRIMINAL) No. 14 of 2009 Judgment/Order Dated - 16/2/2010 at Allahabad. Title - In Re: Sri. Ravindra Kumar-Ii Civil Judge(S.D.) Ksnpur Nagar Vs. Manoj Nigam(Advocate) Coram - Hon'ble Imtiyaz Murtaza,J. and Hon'ble Shyam Shankar Tiwari,J. 244. Headline Summary - Uma Shanker Sharma Advocate Budaun convicted under contempt of court court and sentenced to one month SI and fine of Rs. 20,000/- Judgment/Order - CONTEMPT APPLICATION (CRIMINAL) No. 11 of 2009 Judgment/Order Dated - 16/2/2010 at Allahabad. Title - In Re : Sri M.K. Singh, A.D.J. Budaun Vs. Sri Uma Shankar Sharma, Advocate Coram - Hon'ble Imtiyaz Murtaza,J. and Hon'ble Shyam Shankar Tiwari,J. 245. Headline Summary - Nahar Singh Yadav and Shailendra Sharma convicted and each of them sentenced to undergo R.I. for six months and pay fine of Rs. 20,000/ Judgment/Order - CONTEMPT APPLICATION (CRIMINAL) No. 5 of 2008 Judgment/Order Dated - 16/2/2010 at Allahabad. Title - In Re: Vs. Shailendra Sharma, Nahar Singh Yadav Advocates Civil-Court Coram - Hon'ble Imtiyaz Murtaza,J. and Hon'ble Shyam Shankar Tiwari,J. 246. Headline Summary - Sec.376 IPC-Rape-victim's evidence truthful- serologist report supported case-Appeal dismissed. Judgment/Order - CRIMINAL APPEAL No. 2174 of 2007 Judgment/Order Dated - 9/2/2010 at Allahabad. Title - Shami Ullah Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. 247. Headline Summary - Brij Kishore Misra ADvocate Farukhabad convicted and sentenced to 3 months S>i fine Rs. 20,000/- for contempt Judgment/Order - CONTEMPT APPLICATION (CRIMINAL) No. 6 of 2008 Judgment/Order Dated - 5/2/2010 at Allahabad. Title - In Re: Vs. Brij Kishore Advocate Coram - Hon'ble Imtiyaz Murtaza,J. and Hon'ble Naheed Ara Moonis,J. 248. Headline Summary - Contempt - Information sent by subordinate court is reference. Judgment/Order - CONTEMPT APPLICATION (CRIMINAL) No. 30 of 2006 Judgment/Order Dated - 5/2/2010 at Allahabad. Title - In Re: C.J.M. Fatehpur Thru. D.J. Fatehpur Vs. Sri Prakash Singh Advocate Coram - Hon'ble Yatindra Singh,J. and Hon'ble Shri Kant Tripathi,J. 249. Headline Summary - Bhagwati Sharma Advocate civil court Kushinagar convicted for contempt. His conduct would be watched. Judgment/Order - CONTEMPT APPLICATION (CRIMINAL) No. 20 of 2008 Judgment/Order Dated - 5/2/2010 at Allahabad. Title - In Re: (Sri. S.P.Sharma C.J.M. Kushinagar) Vs. Bhagwati Sharma Advocate Kushinagar Coram - Hon'ble Imtiyaz Murtaza,J. and Hon'ble Shyam Shankar Tiwari,J. 250. Headline Summary - Rajvir Singh Tyagi Advocate Civil courts Meerut convicted and sentendced to three months S.I and fine of Rs. 20,000/- for contempt Judgment/Order - CONTEMPT APPLICATION (CRIMINAL) No. 13 of 2008 Judgment/Order Dated - 5/2/2010 at Allahabad. Title - In Re: Vs. Rajveer Singh Advocate Coram - Hon'ble Imtiyaz Murtaza,J. and Hon'ble Shyam Shankar Tiwari,J. 251. Headline Summary - Harish Babu Gupta Advocate Chandausi Moradabad convicted and sentenced to one month imprisonment and fine of Rs. 20,000/- for contempt Judgment/Order - CONTEMPT APPLICATION (CRIMINAL) No. 28 of 2006 Judgment/Order Dated - 5/2/2010 at Allahabad. Title - In Re: (Sri. R.P.Saroj [S.D.] A.C.J.M. Moradabad) Vs. Sri Harish Babu Gupta Advocate Coram - Hon'ble Imtiyaz Murtaza,J. and Hon'ble Shyam Shankar Tiwari,J. 252. Headline Summary - Jasvir Singh Pawar Advocate Muzaffarnagar convicted and sentenced to undergo SI for 3 molnths and fine of Rs. 20,000/- for contempt Judgment/Order - CONTEMPT APPLICATION (CRIMINAL) No. 31 of 2005 Judgment/Order Dated - 5/2/2010 at Allahabad. Title - Mrs. Manju Lata Consolidation Officer Vs. Jasbir Singh Pawar Advocate Coram - Hon'ble Imtiyaz Murtaza,J. and Hon'ble Shyam Shankar Tiwari,J. 253. Headline Summary - Digvijai Singh Pal Advocate Hamipur convicted under contempt of court Act D.J to monitor conduct Judgment/Order - CONTEMPT APPLICATION (CRIMINAL) No. 1 of 2008 Judgment/Order Dated - 5/2/2010 at Allahabad. Title - In Re : Vs. Digvijai Singh Pal Coram - Hon'ble Imtiyaz Murtaza,J. and Hon'ble Shyam Shankar Tiwari,J. 254. Headline Summary - State cannot declare a Tribe as S.T. Parliament may include/exclude a Tribe as ST in Presidential Order. State can forward its recommendation to Parl Judgment/Order - SPECIAL APPEAL DEFECTIVE No. 788 of 2004 Judgment/Order Dated - 4/2/2010 at Allahabad. Title - State Of U.P. & Others Vs. Shiv Kumar Bhardwaj Coram - Hon'ble Chandramauli Kumar Prasad,Chief Justice and Hon'ble Arun Tandon,J. 255. Headline Summary - Signature of the Accused on the recovery memo - not required. Judgment/Order - CAPITAL CASES No. 7058 of 2007 Judgment/Order Dated - 3/2/2010 at Allahabad. Title - Krishan Kumar @ Pappu Vs. State Of U.P. Coram - Hon'ble Yatindra Singh,J. and Hon'ble B.N. Shukla,J. 256. Headline Summary - Gangsters Act-Attachment/Release of property under Section 17-Appeal under Section 18 maintainable Judgment/Order - CRIMINAL APPEAL No. 3000 of 2003 Judgment/Order Dated - 2/2/2010 at Allahabad. Title - Kailash Sahkari Awas Samiti Vs. State Of U.P. & Others Coram - Hon'ble Vinod Prasad,J. 257. Headline Summary - As the property is a public property, every citizen has the right to bid for its settlement. Judgment/Order - SPECIAL APPEAL DEFECTIVE No. 8 of 2010 Judgment/Order Dated - 1/2/2010 at Allahabad. Title - Chatthu Vs. State Of U.P. Through Chief Secretary And Others Coram - Hon'ble Chandramauli Kumar Prasad,Chief Justice and Hon'ble Arun Tandon,J. 258. Headline Summary - High Court took serious note of fake drugs. Judgment/Order - CRIMINAL MISC. WRIT PETITION No. 16212 of 2008 Judgment/Order Dated - 29/1/2010 at Allahabad. Title - Brahmaji Vs. State Of U.P.& Others Coram - Hon'ble Amar Saran,J. and Hon'ble Shyam Shankar Tiwari,J. 259. Headline Summary - State Govt. also comes within the definition "executing agency"; nothing prevents the State Govt. to issue auction notice for collection of fee. Judgment/Order - WRIT - C No. 71614 of 2009 Judgment/Order Dated - 28/1/2010 at Allahabad. Title - Vinay Kumar Pandey Vs. Union Of India & Others Coram - Hon'ble Chandramauli Kumar Prasad,Chief Justice and Hon'ble Arun Tandon,J. 260. Headline Summary - 376 IPC/testimony of prosecurtix believable against one appellant/appeal partly allowed. Judgment/Order - CRIMINAL APPEAL No. 2045 of 2003 Judgment/Order Dated - 25/1/2010 at Allahabad. Title - Ashok Kumar & Another Vs. State Of U.P. & Another Coram - Hon'ble Vinod Prasad,J. 261. Headline Summary - A member of reserved cat. can claim appointment on merit against unreserved post, but not converse...... Judgment/Order - SPECIAL APPEAL No. 17 of 2010 Judgment/Order Dated - 12/1/2010 at Allahabad. Title - Shom Raj Shukla Vs. Public Service Commission Through Chairman And Others Coram - Hon'ble Chandramauli Kumar Prasad,Chief Justice and Hon'ble Pankaj Mithal,J. 262. Headline Summary - True principle of no work no pay is not of universal application but equally true payment of arrears of salary not to be granted as a matter of course Judgment/Order - SPECIAL APPEAL No. 263 of 2009 Judgment/Order Dated - 7/1/2010 at Allahabad. Title - Syed Vakil Ahmad Vs. State Of U.P. & Others Coram - Hon'ble Chandramauli Kumar Prasad,Chief Justice and Hon'ble Pankaj Mithal,J. 263. Headline Summary - General transfer policy not applicable to police department. Apex Court Guidelines in Prakash Singh's case followed in UP with creation of PEBs. Judgment/Order - WRIT - A No. 51528 of 2009 Judgment/Order Dated - 9/11/2009 at Allahabad. Title - Rishi Pal Singh Vs. State Of U.P. & Others Coram - Hon'ble Pankaj Mithal,J. 264. Headline Summary - Parity can not be the sole ground for bail. Merit also has to be seen. Judgment/Order - CRIMINAL MISC. BAIL APPLICATION No. 28882 of 2008 Judgment/Order Dated - 13/10/2009 at Allahabad. Title - Amarnath Yadav Vs. State Of U.P. Coram - Hon'ble Vijay Kumar Verma,J. 265. Headline Summary - Investigation of the offence under SC/ST Act by unauthorized police officer is illegal and invalid. Charge under SC/ST Act quashed. Judgment/Order - APPLICATION U/s 482 No. 14370 of 2009 Judgment/Order Dated - 12/10/2009 at Allahabad. Title - Jwahir Sharma & Another Vs. State Of U.P. & Another Coram - Hon'ble Vijay Kumar Verma,J. 266. Headline Summary - On granting bail by one bench, another bench is not under obligation to grant bail to similarly placed co- accused on the ground of parity. Judgment/Order - CRIMINAL MISC. BAIL APPLICATION No. 4787 of 2009 Judgment/Order Dated - 16/9/2009 at Allahabad. Title - Nahar Singh Vs. State Of U.P. Coram - Hon'ble Vijay Kumar Verma,J. 267. Headline Summary - Bail 302 IPC-not named in the FIR-eyewitness knew applicant-named after three days-not assaulted deceased-bail granted. Judgment/Order - CRIMINAL MISC. BAIL APPLICATION No. 24805 of 2008 Judgment/Order Dated - 14/9/2009 at Allahabad. Title - Arvind @ Dabaloo Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. 268. Headline Summary - Bail cancellation-bail granted more than 1-1/2 years ago-bail order not perverse or illegal-cancellation application dismissed-condition imposed Judgment/Order - CRIMINAL MISC. BAIL APPLICATION No. 5791 of 2008 Judgment/Order Dated - 14/9/2009 at Allahabad. Title - Prabhat Ranjan Shukla Vs. State Of U.P. & Others Coram - Hon'ble Vinod Prasad,J. 269. Headline Summary - Moninder Singh Pandher appellant acquitted. Death sentence of Surendra Koli appellant confirmed. Judgment/Order - CAPITAL CASES No. 1475 of 2009 Judgment/Order Dated - 11/9/2009 at Allahabad. Title - Surendra Koli & Another Vs. State Of U.P. Coram - Hon'ble Imtiyaz Murtaza,J. and Hon'ble Kashi Nath Pandey,J. 270. Headline Summary - 156 (3) Cr.P.C.-Rape allegation against father-in-law-no reason not to direct registration of FIR-order quashed-matter remanded Judgment/Order - APPLICATION U/s 482 No. 21606 of 2009 Judgment/Order Dated - 10/9/2009 at Allahabad. Title - Smt. Shabnam Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. 271. Headline Summary - Bail pending trial-accused a Minister and an influential person-chances of tampering and fair trial a remote possibility-bail prayer rejected Judgment/Order - CRIMINAL MISC. BAIL APPLICATION No. 21862 of 2008 Judgment/Order Dated - 9/9/2009 at Allahabad. Title - Jamuna Nishad Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. 272. Headline Summary - Permission under section 155 (2) Cr.P.C. can be granted by the magistrate on the application of complainant or other aggrieved person also. Judgment/Order - APPLICATION U/s 482 No. 14284 of 2009 Judgment/Order Dated - 4/9/2009 at Allahabad. Title - Ram Narayan & Others Vs. State Of U.P. & Another Coram - Hon'ble Vijay Kumar Verma,J. 273. Headline Summary - The magistrate is not bound to grant remand under section 167 Cr.P.C. in those sections only for which prayer has been made in remand application. Judgment/Order - APPLICATION U/s 482 No. 13262 of 2009 Judgment/Order Dated - 3/9/2009 at Allahabad. Title - Vakeel Ahmad Vs. State Of U.P. & Another Coram - Hon'ble Vijay Kumar Verma,J. 274. Headline Summary - Crl. Appeal-conviction U/S 302/34 I.P.C.-prosecution witnesses reliable and their evidence is unblemished-motive also proved-appeal dismissed Judgment/Order - CRIMINAL APPEAL No. 2167 of 2006 Judgment/Order Dated - 3/9/2009 at Allahabad. Title - Ram Veer & Another Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. and Hon'ble Virendra Singh,J. 275. Headline Summary - conviction under Sections 302/34 and 323/34 I.P.C.-common intention not established-each accused liable for individual act-appeal partly allowed. Judgment/Order - CRIMINAL APPEAL No. 5048 of 2004 Judgment/Order Dated - 31/8/2009 at Allahabad. Title - Surya Kant And Others Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. and Hon'ble Virendra Singh,J. 276. Headline Summary - Earlier bail allowed, unless canceled, moving fresh bail & it's rejection is unwarranted as absconding accused in custody may move u/s 446 A CrPC Judgment/Order - CRIMINAL MISC. BAIL APPLICATION No. 16446 of 2009 Judgment/Order Dated - 28/8/2009 at Allahabad. Title - Mahendra Vs. State Of U.P. Coram - Hon'ble Virendra Singh,J. 277. Headline Summary - Murder-single blow-intention to murder absent-partly allowed-convicted u/s 304 part 1-sentence of 7 years R.I. implanted Judgment/Order - CRIMINAL APPEAL No. 4371 of 2006 Judgment/Order Dated - 25/8/2009 at Allahabad. Title - Ram Ratan Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. and Hon'ble Virendra Singh,J. 278. Headline Summary - Criminal Appeal-conviction u/s 302/34 IPC-presence of appellant doubtful-false implication probable -appeal allowed-conviction set aside. Judgment/Order - CRIMINAL APPEAL No. 3889 of 2006 Judgment/Order Dated - 25/8/2009 at Allahabad. Title - Veer Singh Vs. State Of U.P. ? Coram - Hon'ble Vinod Prasad,J. and Hon'ble Virendra Singh,J. 279. Headline Summary - Criminal Appeal U/S 302 I.P.C. day light murder - parents & brother of the deceased gave convincing evidence appeal dismissed - sentence confirmed. Judgment/Order - CRIMINAL APPEAL No. 3617 of 2006 Judgment/Order Dated - 24/8/2009 at Allahabad. Title - Daya Shankar Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. and Hon'ble Virendra Singh,J. 280. Headline Summary - Section 482 of the Code of Criminal Procedure (Cr.P.C.) is not controlled by section 320 Cr.P.C. Judgment/Order - APPLICATION U/s 482 No. 16003 of 2009 Judgment/Order Dated - 18/8/2009 at Allahabad. Title - Prem Shankar Pandey & Others Vs. State Of U.P. & Another Coram - Hon'ble Vijay Kumar Verma,J. 281. Headline Summary - Role of exhortation, bail granted, data on prisioners in jail compared with present capacity, appeals and writs pending given Judgment/Order - CRIMINAL APPEAL No. 2651 of 2009 Judgment/Order Dated - 7/8/2009 at Allahabad. Title - Gorakh Pandey & Others Vs. State Of U.P. Coram - Hon'ble Amar Saran,J. and Hon'ble Dasu Ram Azad,J. 282. Headline Summary - A State action which is unreasonable and arbitrary, strikes at the very root of Article 14 of the Constitution of India. Judgment/Order - SPECIAL APPEAL DEFECTIVE No. 870 of 2009 Judgment/Order Dated - 6/8/2009 at Allahabad. Title - State Of U.P. Thru' Principal Secy Home Deptt And Others Vs. Anand Kumar Mishra & Others Coram - Hon'ble Chandramauli Kumar Prasad,Chief Justice and Hon'ble Amreshwar Pratap Sahi,J. 283. Headline Summary - 302 IPC-wife murdered by husband-witnesses are reliable-no reasons for false implication-conviction upheld Judgment/Order - CRIMINAL APPEAL No. 280 of 1999 Judgment/Order Dated - 4/8/2009 at Allahabad. Title - Salim Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. and Hon'ble Virendra Singh,J. 284. Headline Summary - petitioner's representation against transfer shall be decided by the authority strictly in accordance with law within stipulated period. Judgment/Order - WRIT - A No. 39779 of 2009 Judgment/Order Dated - 4/8/2009 at Allahabad. Title - Naval Kishore Sharma Vs. State Of U.P. & Others Coram - Hon'ble Bala Krishna Narayana,J. 285. Headline Summary - order passed without affording any opportunity of hearing and assigning any reason got stayed by the High Court till further orders. Judgment/Order - WRIT - A No. 39559 of 2009 Judgment/Order Dated - 4/8/2009 at Allahabad. Title - Durga Prasad Srivastava Vs. State Of U.P. & Others Coram - Hon'ble Bala Krishna Narayana,J. 286. Headline Summary - 304-B-Sentence of life imprisionment-Cause of death not known-Sentence reduced to 10 years R.I. and fine of Rs. 2,00,000/- Judgment/Order - CRIMINAL APPEAL No. 341 of 2006 Judgment/Order Dated - 29/7/2009 at Allahabad. Title - Pankaj Rai Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. and Hon'ble Yogesh Chandra Gupta,J. 287. Headline Summary - Conviction under Section 302 IPC-FIR anti-timed-informant presence doubtful-investigation tainted- conviction set aside Judgment/Order - CRIMINAL APPEAL No. 1169 of 2006 Judgment/Order Dated - 29/7/2009 at Allahabad. Title - Sahim Vs. State Of U.P. Coram - Hon'ble Vinod Prasad,J. and Hon'ble Yogesh Chandra Gupta,J. 288. Headline Summary - Adult woman entitle to live independely and not to be detained in Nari Niketan because matter communally sensitive or parents unwilling to take her Judgment/Order - HABEAS CORPUS WRIT PETITION No. 24382 of 2009 Judgment/Order Dated - 23/7/2009 at Allahabad. Title - Kumari Ajra Khan Vs. State Of U.P. & Others Coram - Hon'ble Amar Saran,J. and Hon'ble Dasu Ram Azad,J. 289. Headline Summary - Insurance Company not liable to pay if proposer does not intimate about change in condition of health before issuance of FPR Judgment/Order - WRIT - C No. 60218 of 2005 Judgment/Order Dated - 10/7/2009 at Allahabad. Title - Abhimanyu Chaubey Vs. Insurance Ombudsman U.P. & Others Coram - Hon'ble Dilip Gupta,J. and Hon'ble Shashi Kant Gupta,J. 290. Headline Summary - Person entitled to remuneration according to status or statutory or presdribed minimum. Judgment/Order - SPECIAL APPEAL No. 1262 of 2002 Judgment/Order Dated - 8/7/2009 at Allahabad. Title - State Bank Of India & Others Vs. Chandra Deo Coram - Hon'ble Yatindra Singh,J. and Hon'ble Shyam Shankar Tiwari,J. 291. Headline Summary - Small or commercial quantity of Narcotic Drug is to be determined on the basis of actual contents of such drug in the recovered article. Judgment/Order - CRIMINAL MISC. BAIL APPLICATION No. 2385 of 2009 Judgment/Order Dated - 3/7/2009 at Allahabad. Title - Prem Shanker Alias Nanhey Pahelwan Vs. State Of U.P. Coram - Hon'ble Vijay Kumar Verma,J. 292. Headline Summary - condition to deposit the amount of earlier executed personal bond can not be imposed at the time of granting fresh bail to the accused. Judgment/Order - CRIMINAL MISC. BAIL APPLICATION No. 15994 of 2009 Judgment/Order Dated - 1/7/2009 at Allahabad. Title - Pappu Vs. State Of U.P. Coram - Hon'ble Vijay Kumar Verma,J. 293. Headline Summary - Possession of counterfeit currency notes without furnishing any explanation by the accused is non- bailable offence punishable under section 489-B IPC. Judgment/Order - CRIMINAL MISC. BAIL APPLICATION No. 9138 of 2008 Judgment/Order Dated - 29/6/2009 at Allahabad. Title - Shyam Lal Vs. State Of U.P. Coram - Hon'ble Vijay Kumar Verma,J. 294. Headline Summary - Committing suicide by a women as a consequence of rape constitutes the offence of abatement to suicide. Judgment/Order - CRIMINAL MISC. BAIL APPLICATION No. 31541 of 2008 Judgment/Order Dated - 29/6/2009 at Allahabad. Title - Anil Vs. State Of U.P. Coram - Hon'ble Vijay Kumar Verma,J. 295. Headline Summary - Possession of counterfeit currency notes without furnishing any explanation by the accused is non- bailable offence punishable under section 489-B IPC. Judgment/Order - CRIMINAL MISC. BAIL APPLICATION No. 34915 of 2008 Judgment/Order Dated - 29/6/2009 at Allahabad. Title - Ram Niwas Vs. State Of U.P. Coram - Hon'ble Vijay Kumar Verma,J. 296. Headline Summary - Second bail application on the same grounds is not maintainable. Judgment/Order - CRIMINAL MISC. BAIL APPLICATION No. 1199 of 2009 Judgment/Order Dated - 29/6/2009 at Allahabad. Title - Khursheed And Another Vs. State Of U.P. Coram - Hon'ble Vijay Kumar Verma,J. 297. Headline Summary - Condition to deposit the amount of previously executed personal bond can not be imposed at the time of granting fresh bail. Judgment/Order - CRIMINAL MISC. BAIL APPLICATION No. 13126 of 2009 Judgment/Order Dated - 25/5/2009 at Allahabad. Title - Radhey Vs. State Of U.P. Coram - Hon'ble Vijay Kumar Verma,J. 298. Headline Summary - Possession of counterfeit currency notes - Bail Rejected - Parity can not be the sole ground for granting bail. Judgment/Order - CRIMINAL MISC. BAIL APPLICATION No. 6248 of 2009 Judgment/Order Dated - 25/5/2009 at Allahabad. Title - Shahnawaz @ Shanu Vs. State Of U.P. Coram - Hon'ble Vijay Kumar Verma,J. 299. Headline Summary - criminal appeal no.1617 of 1986 Judgment/Order - CRIMINAL APPEAL No. 1617 of 1986 Judgment/Order Dated - 11/5/2009 at Allahabad. Title - Jai Ram And Others Vs. State Of U.P. Coram - Hon'ble Poonam Srivastava,J. 300. Headline Summary - Revision against summoning order is legally maintainable and is not barred under sub section (2) of section 397 Cr.P.C. Judgment/Order - CRIMINAL REVISION No. 5610 of 2005 Judgment/Order Dated - 6/5/2009 at Allahabad. Title - Jag Narain & Others Vs. State Of U.P. & Another Coram - Hon'ble Vijay Kumar Verma,J. 301. Headline Summary - Long incarceration in jail during trial is not per-se illegal and would not be violative of article 21 of the Constitution . Judgment/Order - CRIMINAL MISC. BAIL APPLICATION No. 25957 of 2008 Judgment/Order Dated - 1/5/2009 at Allahabad. Title - Uma Charan Awasthi Vs. State Of U.P. Coram - Hon'ble Vijay Kumar Verma,J. 302. Headline Summary - Notice to the prospective accused is not required to be issued prior to passing the order under section 319 Cr.P.C. Judgment/Order - APPLICATION U/s 482 No. 11710 of 1993 Judgment/Order Dated - 24/4/2009 at Allahabad. Title - B. Shukla Vs. State Coram - Hon'ble Vijay Kumar Verma,J. 303. Headline Summary - Use of the word 'ordinary' - condition not mandatory. Judgment/Order - WRIT - C No. 16380 of 2009 Judgment/Order Dated - 24/4/2009 at Allahabad. Title - Arjun Singh Vs. State Of U.P. And Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Anil Kumar,J. 304. Headline Summary - JSCC rejected the objection of third party in execution - first appeal not maintainable. Judgment/Order - FIRST APPEAL No. 198 of 2008 Judgment/Order Dated - 9/4/2009 at Allahabad. Title - Wahid Vs. Mohd. Anwar Coram - Hon'ble Yatindra Singh,J. 305. Headline Summary - Section 3(2)(v) SC/ST Act will not be attracted in those cases where the offence committed under IPC is punishable less than ten years' imprisonment. Judgment/Order - CRIMINAL APPEAL No. 1716 of 2009 Judgment/Order Dated - 31/3/2009 at Allahabad. Title - Munni Devi Vs. State Of U.P. Coram - Hon'ble Shiv Charan (Sharma),J. and Hon'ble Vijay Kumar Verma,J. 306. Headline Summary - Mentioning the names of accused and witensses is not the requirement of law. In case of direct evidence, absence of motive looses significance. Judgment/Order - CRIMINAL APPEAL No. 44 of 2000 Judgment/Order Dated - 31/3/2009 at Allahabad. Title - Ganesh Yadav & Others Vs. State Of U.P. Coram - Hon'ble Shiv Charan (Sharma),J. and Hon'ble Vijay Kumar Verma,J. 307. Headline Summary - Magistrates to grant interim bail; circumstances when they should not. Judgment/Order - CRIMINAL MISC. WRIT PETITION No. 4983 of 2009 Judgment/Order Dated - 30/3/2009 at Allahabad. Title - Pradeep Tyagi Vs. State Of U.P. & Others Coram - Hon'ble Amar Saran,J. and Hon'ble Ravindra Nath Misra,J. 308. Headline Summary - An aggressor has no right of private defence. Active participation by causing injuries is not essential to attract section 149 IPC. Judgment/Order - CRIMINAL APPEAL No. 2052 of 1982 Judgment/Order Dated - 30/3/2009 at Allahabad. Title - Munaf And Ors. Vs. State Of U.P. Coram - Hon'ble Shiv Charan (Sharma),J. and Hon'ble Vijay Kumar Verma,J. 309. Headline Summary - In appropriate cases, interim bail may be granted by subordinate courts pending disposal of bail applications. Judgment/Order - APPLICATION U/s 482 No. 19993 of 2008 Judgment/Order Dated - 27/3/2009 at Allahabad. Title - Rajesh Mishra @ Pappu Vs. State Of U.P. Coram - Hon'ble Vijay Kumar Verma,J. 310. Headline Summary - Varun Gandhi's plea for quashing F.I.R dismissed Judgment/Order - CRIMINAL MISC. WRIT PETITION No. 4950 of 2009 Judgment/Order Dated - 25/3/2009 at Allahabad. Title - Varun Gandhi Vs. State Of U.P. & Others Coram - Hon'ble Imtiyaz Murtaza,J. and Hon'ble Subhash Chandra Nigam,J. 311. Headline Summary - Criminal Revision-Revisional Court cannot reappreciate evidence Judgment/Order - CRIMINAL REVISION No. 1462 of 1999 Judgment/Order Dated - 20/3/2009 at Allahabad. Title - Chotey Lal & Another Vs. State Of U.P. & Others Coram - Hon'ble Raghunath Kishore Rastogi,J. 312. Headline Summary - On the basis of vicarious liability, bail can not be rejected. Role of individual accused has to be considered at the stage of bail. Judgment/Order - CRIMINAL APPEAL No. 5073 of 2008 Judgment/Order Dated - 4/3/2009 at Allahabad. Title - Surendra Singh Vs. State Of U.P. Coram - Hon'ble Shiv Charan (Sharma),J. and Hon'ble Vijay Kumar Verma,J. 313. Headline Summary - Interest is payable even if possession is taken prior to notification u/s 4 of the Land Acquisition Act. Judgment/Order - FIRST APPEAL No. 1142 of 1990 Judgment/Order Dated - 3/3/2009 at Allahabad. Title - State Of U.P. Vs. Bechoo Ram Coram - Hon'ble Yatindra Singh,J. 314. Headline Summary - Appointment not made in accordance with Removal of Difficulties Order void. Irrespective of continuance for a long period. Judgment/Order - WRIT - A No. 40788 of 2003 Judgment/Order Dated - 2/3/2009 at Allahabad. Title - Ramjee Dwivedi Vs. State Of U.P. And Others Coram - Hon'ble Dilip Gupta,J. 315. Headline Summary - Election of Shambhu Chaudhary from U.P. Legislative Assembly reserved seat declared void as he does not belong to Scheduled Caste. Judgment/Order - ELECTION PETITION No. 2 of 2007 Judgment/Order Dated - 2/3/2009 at Allahabad. Title - Pooran Masi Dehati Vs. Shambhu Chaudhary & Others Coram - Hon'ble Dilip Gupta,J. 316. Headline Summary - Motive and suspicion howsoever strong can not be made the basis of conviction without any legal evidence. Judgment/Order - CRIMINAL APPEAL No. 136 of 2001 Judgment/Order Dated - 17/2/2009 at Allahabad. Title - Bhura Vs. State Of U.P. Coram - Hon'ble Shiv Charan (Sharma),J. and Hon'ble Vijay Kumar Verma,J. 317. Headline Summary - Existence of an arbitration agreement is a sine quo non for invoking the jurisdiction of the court u/s 9 of the Arbitration & Conciliation Act 1996 Judgment/Order - FIRST APPEAL FROM ORDER No. 753 of 2008 Judgment/Order Dated - 16/2/2009 at Allahabad. Title - Raj Kumar Vs. Union Of India & Others Coram - Hon'ble Sheo Kumar Singh,J. and Hon'ble Pankaj Mithal,J. 318. Headline Summary - Fine for the offence punishable under section 304-B I.P.C. can not be imposed. Judgment/Order - CRIMINAL APPEAL No. 4763 of 2008 Judgment/Order Dated - 13/2/2009 at Allahabad. Title - Dinesh Vs. State Of U.P. Coram - Hon'ble Shiv Charan (Sharma),J. and Hon'ble Vijay Kumar Verma,J. 319. Headline Summary - Sentence of fine less than Rupees fifteen thousand can not be imposed for the offence under section 3 of Dowry Prohibition Act. Judgment/Order - CRIMINAL APPEAL No. 6808 of 2008 Judgment/Order Dated - 4/2/2009 at Allahabad. Title - Omwati & Others Vs. State Of U.P. Coram - Hon'ble Shiv Charan (Sharma),J. and Hon'ble Vijay Kumar Verma,J. 320. Headline Summary - Order of investigation passed under section 156(3) CrPC can not be challenged in Revision or proceeding under section 482 CrPc by propsective accused. Judgment/Order - CRIMINAL REVISION No. 63 of 2002 Judgment/Order Dated - 30/1/2009 at Allahabad. Title - Ram Dhani Vs. State Of U.P. & Others Coram - Hon'ble Vijay Kumar Verma,J. 321. Headline Summary - In case of direct evidence, absence or weakness of motive looses significance Judgment/Order - CRIMINAL APPEAL No. 856 of 1982 Judgment/Order Dated - 30/1/2009 at Allahabad. Title - Kallu Vs. State Of U.P. Coram - Hon'ble Shiv Shanker,J. and Hon'ble Vijay Kumar Verma,J. 322. Headline Summary - separate conviction and sentence under section 3(2)(5) SC/ST Act simplicitor is illegal. Judgment/Order - CRIMINAL APPEAL No. 6305 of 2008 Judgment/Order Dated - 15/1/2009 at Allahabad. Title - Sri Narain Trivedi & Others Vs. State Of U.P. Coram - Hon'ble Shiv Charan (Sharma),J. and Hon'ble Vijay Kumar Verma,J. 323. Headline Summary - Sentence for the conspiracy of offence would be same as provided for the offence Judgment/Order - CRIMINAL APPEAL No. 6282 of 2008 Judgment/Order Dated - 12/1/2009 at Allahabad. Title - Neeraj Vs. State Of U.P. Coram - Hon'ble Shiv Charan (Sharma),J. and Hon'ble Vijay Kumar Verma,J. 324. Headline Summary - Prospective accused can not challenge the order directing investigation of the case after registration of the FIR. Judgment/Order - APPLICATION U/s 482 No. 33133 of 2008 Judgment/Order Dated - 28/11/2008 at Allahabad. Title - Abdul Aziz And Others Vs. State Of U.P.And Another Coram - Hon'ble Vijay Kumar Verma,J. 325. Headline Summary - Absence or weakness of motive is not fatal, if the prosecution evidence is worthy of reliance Judgment/Order - CRIMINAL APPEAL No. 1517 of 1999 Judgment/Order Dated - 28/11/2008 at Allahabad. Title - Ram Chandra Gupta Vs. State Of U.P. Coram - Hon'ble Barkat Ali Zaidi,J. and Hon'ble Vijay Kumar Verma,J. 326. Headline Summary - Magistrate having no jurisdiction to take cognizance of the offence can not pass the order for investigation under section 156(3) Cr.P.C. Judgment/Order - CRIMINAL REVISION No. 507 of 2005 Judgment/Order Dated - 21/11/2008 at Allahabad. Title - Rajjan Prasad Vs. State Of U.P. And Others Coram - Hon'ble Vijay Kumar Verma,J. 327. Headline Summary - The Magistrate can pass order for further investigation on the final report. Judgment/Order - CRIMINAL REVISION No. 1 of 2004 Judgment/Order Dated - 21/11/2008 at Allahabad. Title - Gopi Singh Vs. State Of U.P. & Another Coram - Hon'ble Vijay Kumar Verma,J. 328. Headline Summary - Carrying the cow, bull or bullock within the State for slaughtering is no offence under Cow Slaughter Act. Judgment/Order - CRIMINAL REVISION No. 131 of 2005 Judgment/Order Dated - 17/11/2008 at Allahabad. Title - Kailash Yadav And Others Vs. State Of U.P. And Another Coram - Hon'ble Vijay Kumar Verma,J. 329. Headline Summary - C.B.I enquiry ordered in Etawah firing incident at ccs PG college Haivara Safai.SSP ASP ordered to be transferred forthwith Judgment/Order - CRIMINAL MISC. WRIT PETITION No. 6589 of 2008 Judgment/Order Dated - 11/11/2008 at Allahabad. Title - Ram Gopal Vs. State Of U.P. And Others Coram - Hon'ble Imtiyaz Murtaza,J. and Hon'ble Raj Mani Chauhan,J. 330. Headline Summary - Principles for determining enhancement of monthly rent under Section 21(8) of Rent Act discussed. Judgment/Order - WRIT - A No. 6779 of 1995 Judgment/Order Dated - 7/11/2008 at Allahabad. Title - Smt. Padma Tandon Vs. Viith A.D.J., Alld. & Others Coram - Hon'ble Dilip Gupta,J. 331. Headline Summary - Transporting and carrying the cow or bullocks for slaughtering within the State is no offence. Judgment/Order - CRIMINAL REVISION No. 141 of 2005 Judgment/Order Dated - 7/11/2008 at Allahabad. Title - Asfaq Ahmad And Another Vs. State Of U.P. And Another Coram - Hon'ble Vijay Kumar Verma,J. 332. Headline Summary - Second or subsequent bail application can be considered on new ground or change of law. Judgment/Order - CRIMINAL APPEAL No. 8119 of 2007 Judgment/Order Dated - 18/10/2008 at Allahabad. Title - Dharmpal & Others Vs. State Of U.P. Coram - Hon'ble Barkat Ali Zaidi,J. and Hon'ble Vijay Kumar Verma,J. 333. Headline Summary - Period of detention in jail can not be the sole ground for bail. Judgment/Order - CRIMINAL APPEAL No. 6555 of 2006 Judgment/Order Dated - 18/10/2008 at Allahabad. Title - Anees Vs. State Of U.P. Coram - Hon'ble Barkat Ali Zaidi,J. and Hon'ble Vijay Kumar Verma,J. 334. Headline Summary - Special Judge under Prevention of Corruption Act can pass order for registration of FIR on the application under section 156(3) Cr.P.C. Judgment/Order - CRIMINAL REVISION No. 2178 of 2008 Judgment/Order Dated - 17/10/2008 at Allahabad. Title - Mahipal Vs. State Of U.P. & Others Coram - Hon'ble Vijay Kumar Verma,J. 335. Headline Summary - A divorced Muslim woman can not claim maintenance from her former husband under Section 125 Cr.P.C. Judgment/Order - CRIMINAL REVISION No. 1687 of 2008 Judgment/Order Dated - 17/10/2008 at Allahabad. Title - Shahid Jamal Ansari Vs. State Of U.P.& Another Coram - Hon'ble Vijay Kumar Verma,J. 336. Headline Summary - More that one FIR can be registered against the same incident. Judgment/Order - CRIMINAL REVISION No. 2346 of 2008 Judgment/Order Dated - 26/9/2008 at Allahabad. Title - Parvez Parwaz Vs. State Of U.P. Coram - Hon'ble Vijay Kumar Verma,J. 337. Headline Summary - Cricle rate cannot form basis for market rate under L. A. Act. Statutory benefits to be given even if claimant has not filed Appeal/Cross-Objection. Judgment/Order - FIRST APPEAL No. 1156 of 1990 Judgment/Order Dated - 26/9/2008 at Allahabad. Title - Ram Adhar Vs. State Of U.P. Coram - Hon'ble Dilip Gupta,J. 338. Headline Summary - If found reliable, conviction can be based on dying declaration alone without consideration. Judgment/Order - CRIMINAL APPEAL No. 845 of 2004 Judgment/Order Dated - 22/9/2008 at Allahabad. Title - Arjun Vs. State Of U.P. Coram - Hon'ble Barkat Ali Zaidi,J. and Hon'ble Vijay Kumar Verma,J. 339. Headline Summary - Second bail can be considered on fresh ground only. Judgment/Order - CRIMINAL APPEAL No. 6794 of 2007 Judgment/Order Dated - 17/9/2008 at Allahabad. Title - Jaivir & Others Vs. State Of U.P. Coram - Hon'ble Barkat Ali Zaidi,J. and Hon'ble Vijay Kumar Verma,J. 340. Headline Summary - acquittal of coaccused in separate trial cannot be made basis for quashing trial of other accused persons in case for offences under same transaction. Judgment/Order - CRIMINAL MISC. WRIT PETITION No. 16450 of 2008 Judgment/Order Dated - 16/9/2008 at Allahabad. Title - Km. Rinki Vs. State Of U.P. & Others Coram - Hon'ble Imtiyaz Murtaza,J. and Hon'ble Raj Mani Chauhan,J. 341. Headline Summary - Order dismissing Crl. Revision for default or non-prosecution as well the order deciding the revision on merit in absence of any party can be recalled Judgment/Order - CRIMINAL REVISION No. 4693 of 2006 Judgment/Order Dated - 12/9/2008 at Allahabad. Title - Mithaee Lal Vs. State Of U.P. & Others Coram - Hon'ble Vijay Kumar Verma,J. 342. Headline Summary - Report 173 (2) by IO mere opinion and Magistrate no bound by opinion. He has to apply mind to facts Hearing must to informant if FR to be accepted. Judgment/Order - CRIMINAL MISC. WRIT PETITION No. 16078 of 2008 Judgment/Order Dated - 10/9/2008 at Allahabad. Title - Prakash Vs. State Of U.P. & Others Coram - Hon'ble Imtiyaz Murtaza,J. and Hon'ble Raj Mani Chauhan,J. 343. Headline Summary - E. P. against rejection of nomination of a candidate dismissed because defect of wrong electoral roll number is not of substantial character Judgment/Order - ELECTION PETITION No. 10 of 2004 Judgment/Order Dated - 5/9/2008 at Allahabad. Title - Saleem Masood Vs. Rasheed Masood Coram - Hon'ble Dilip Gupta,J. 344. Headline Summary - Magistrate is not bound to treat the protest petition as complaint in each and every case. Judgment/Order - CRIMINAL REVISION No. 25 of 2005 Judgment/Order Dated - 5/9/2008 at Allahabad. Title - Nawab Saiyyed Zafar Hussain Vs. State Of U.P. Coram - Hon'ble Vijay Kumar Verma,J. 345. Headline Summary - Participation of all the accused in criminal act by doing some overt act is not necessary to attract Section 34 of Indian Penal Code. Judgment/Order - CRIMINAL APPEAL No. 552 of 1982 Judgment/Order Dated - 29/8/2008 at Allahabad. Title - Ram Naresh Vs. State Of U.P Coram - Hon'ble Sushil Harkauli,J. and Hon'ble Vijay Kumar Verma,J. 346. Headline Summary - police is competent to investigate subsidiary non cognizable offences with cognizable offences Judgment/Order - CRIMINAL MISC. WRIT PETITION No. 15254 of 2008 Judgment/Order Dated - 26/8/2008 at Allahabad. Title - Azad @ Azad Khan Vs. State Of U.P. & Others Coram - Hon'ble Imtiyaz Murtaza,J. and Hon'ble S.N.H. Zaidi,J. 347. Headline Summary - Notice under section 111 Cr.P.C. without full substance of police report is invalid. Judgment/Order - APPLICATION U/s 482 No. 67 of 2005 Judgment/Order Dated - 8/8/2008 at Allahabad. Title - Baleshwar And Others Vs. State Of U.P. Coram - Hon'ble Vijay Kumar Verma,J. 348. Headline Summary - Shopowner's cross FIR refused. Civil Court's Bar resolved to boycott accused. H.C. directs registration of FIR Judgment/Order - CRIMINAL MISC. WRIT PETITION No. 13248 of 2008 Judgment/Order Dated - 1/8/2008 at Allahabad. Title - Amit Chaurasiya Vs. State Of U.P. & Others Coram - Hon'ble Amar Saran,J. and Hon'ble Ravindra Nath Misra,J. 349. Headline Summary - Elector has sufficient interest to oppose WP challenging disqualification of MP. Judgment/Order - WRIT - C No. 9750 of 2008 Judgment/Order Dated - 31/7/2008 at Allahabad. Title - Mohammad Shahid Akhlaq Vs. Union Of India & Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Shashi Kant Gupta,J. 350. Headline Summary - Testimony of witnesses can not be brushed asied on the ground of relation with the deceased/ victim. Judgment/Order - CRIMINAL APPEAL No. 2496 of 1984 Judgment/Order Dated - 22/7/2008 at Allahabad. Title - Bhagwan Das & Another Vs. State Of U.P. Coram - Hon'ble Sushil Harkauli,J. and Hon'ble Vijay Kumar Verma,J. 351. Headline Summary - Order of registration of FIR and its investigation by the police is not essential on each and every application uunder section 156(3) Cr.P.C. Judgment/Order - CRIMINAL REVISION No. 1689 of 2007 Judgment/Order Dated - 18/7/2008 at Allahabad. Title - Vishwanath @ Bande Vs. State Of U.P. And Others Coram - Hon'ble Vijay Kumar Verma,J. 352. Headline Summary - Goonda Act-no interference at the stage of issue of show cause notice-see Kabir Chawla v. State of U.P. 1994 SCC (Crl.) 577 Judgment/Order - CRIMINAL MISC. WRIT PETITION No. 12278 of 2008 Judgment/Order Dated - 16/7/2008 at Allahabad. Title - Ajmeruddin & Others Vs. State Of U.P. & Others Coram - Hon'ble Imtiyaz Murtaza,J. and Hon'ble Vikram Nath,J. 353. Headline Summary - There is no parity in rejection of bail. Judgment/Order - CRIMINAL MISC. BAIL APPLICATION No. 13402 of 2008 Judgment/Order Dated - 4/7/2008 at Allahabad. Title - Nawal Vs. State Of U.P. Coram - Hon'ble Vijay Kumar Verma,J. 354. Headline Summary - "Even after acquittal of co-accused, trial of other similarly placed accused will not be barred". Judgment/Order - CRIMINAL MISC. BAIL APPLICATION No. 15160 of 2008 Judgment/Order Dated - 4/7/2008 at Allahabad. Title - Manoj Vs. State Of U.P. Coram - Hon'ble Vijay Kumar Verma,J. 355. Headline Summary - "If matrimonial dispute has been settled by the parties, High Court can quash the proceedings of criminal cases." Judgment/Order - APPLICATION U/s 482 No. 10999 of 2007 Judgment/Order Dated - 4/7/2008 at Allahabad. Title - Smt. Soniya & Others Vs. State Of U.P. & Another Coram - Hon'ble Vijay Kumar Verma,J. 356. Headline Summary - "Bail to the juvenile cannot be refused on the ground of gravity of the offence" Judgment/Order - CRIMINAL REVISION No. 3968 of 2007 Judgment/Order Dated - 4/7/2008 at Allahabad. Title - Prem Chandra @ Monu Vs. State Of U.P. & Another Coram - Hon'ble Vijay Kumar Verma,J. 357. Headline Summary - Crl. Trial Prosecution produced document favouring accused prayer for further cross of PWs rejected. Judgment/Order - APPLICATION U/s 482 No. 14303 of 2008 Judgment/Order Dated - 26/6/2008 at Allahabad. Title - Ramkesh Sharma Vs. State Of U.P. & Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 358. Headline Summary - Criminal Trial, 3 Charge Sheets on 3 FIRs of 3 informants in respect of one incident in continuation-all cases consolidated. Judgment/Order - APPLICATION U/s 482 No. 14922 of 2008 Judgment/Order Dated - 25/6/2008 at Allahabad. Title - Prabhat Kumar & Others Vs. State Of U.P. & Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 359. Headline Summary - Criminal Trial: P.W. cross- examined, further cross examination not permissible, specified questions may be asked with post permission. Judgment/Order - APPLICATION U/s 482 No. 14221 of 2008 Judgment/Order Dated - 24/6/2008 at Allahabad. Title - Jafar Vs. State Of U.P. & Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 360. Headline Summary - interlocutory non AFR Judgment/Order - MISC. SINGLE No. 2701 of 2008 Judgment/Order Dated - 2/6/2008 at Lucknow. Title - Nagar Nigam Slej Farm Gomtinagar Lko.Through Its Municipal Vs. D.M.Lko.And 3 Ors. Coram - Hon'ble Abhinava Upadhya,J. 361. Headline Summary - Section 406 IPC, Entrustment of Property necessary, in its absence husband's sister & mother discharged. Judgment/Order - APPLICATION U/s 482 No. 18488 of 2005 Judgment/Order Dated - 21/5/2008 at Allahabad. Title - Smt. Prakash Kaur And Others Vs. State Of U.P. And Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 362. Headline Summary - Seniority depends upon the statutory rules. Judgment/Order - WRIT - A No. 37807 of 2001 Judgment/Order Dated - 21/5/2008 at Allahabad. Title - Virendra Kumar Singh Vs. State Of U.P. & Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Shashi Kant Gupta,J. 363. Headline Summary - Petitioners have been transferred from C.P. to A.P in breach of Reg. 525. Said order quashed as per judgment of Hon'ble Apex Court in Jasveer Singh' Judgment/Order - SERVICE SINGLE No. 8449 of 2007 Judgment/Order Dated - 8/5/2008 at Lucknow. Title - C.P. No. 1205 Santosh Singh & 13 Ors. Vs. State Of U.P. Thru Prin. Secy. Home & 4 Ors. Coram - Hon'ble V.K. Shukla,J. 364. Headline Summary - Fine cannot be imposed for the offence punishable under Section 304-B I.P.C. Judgment/Order - CRIMINAL APPEAL No. 1955 of 2008 Judgment/Order Dated - 5/5/2008 at Allahabad. Title - Mohd. Shafi Vs. State Of U.P. Coram - Hon'ble S.S. Kulshrestha,J. and Hon'ble Vijay Kumar Verma,J. 365. Headline Summary - Criminal revision against the order of registration of F.I.R. and investigation is not maintainable. Judgment/Order - CRIMINAL REVISION No. 2012 of 2007 Judgment/Order Dated - 25/4/2008 at Allahabad. Title - Gulam Mustafa @ Jabbar Vs. State Of U.P. & Others Coram - Hon'ble Vijay Kumar Verma,J. 366. Headline Summary - Section 164 Cr. P.C. Magistrate's examination not necessary to prove statements of witness recorded by him Judgment/Order - APPLICATION U/s 482 No. 26510 of 2007 Judgment/Order Dated - 19/4/2008 at Allahabad. Title - Jeeraj @ Vijai & Another Vs. State Of U.P. & Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 367. Headline Summary - Circumstantial evidence not owrthy of credence-Appeals allowed-Death sentence set aside-Accused appellants acquitted. Judgment/Order - CRIMINAL APPEAL No. 783 of 2007 Judgment/Order Dated - 19/4/2008 at Allahabad. Title - Adil And Another Vs. State Of U.P. Coram - Hon'ble Amar Saran,J. and Hon'ble Vijay Kumar Verma,J. 368. Headline Summary - FIR for the offence punishable under section 182 IPC cannot be directed to be lodged against the informant at the time of passing the judgement. Judgment/Order - APPLICATION U/s 482 No. 6269 of 2008 Judgment/Order Dated - 9/4/2008 at Allahabad. Title - Lekhraj Vs. State Of U.P. Coram - Hon'ble Vijay Kumar Verma,J. 369. Headline Summary - Person in custody, no bail application pending - when preventive detention possible. Judgment/Order - HABEAS CORPUS WRIT PETITION No. 57692 of 2007 Judgment/Order Dated - 2/4/2008 at Allahabad. Title - Sandeep Vs. State Of U.P. & Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Ran Vijai Singh,J. 370. Headline Summary - Clubs do not require license from the Cantonment Board to serve liquor. Judgment/Order - WRIT TAX No. 265 of 2007 Judgment/Order Dated - 27/3/2008 at Allahabad. Title - Prabhu Narayan Union Club, Varanasi & Another Vs. State Of U.P. & Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Ran Vijai Singh,J. 371. Headline Summary - No fetter on Magistrate taking cognizance against non-chargesheeted accused prior S. 319 CrPC-Dharam Pal's Case (SC) preferred to Ranjit's Case (SC) Judgment/Order - APPLICATION U/s 482 No. 3725 of 2008 Judgment/Order Dated - 26/3/2008 at Allahabad. Title - Arshad & Others Vs. State Of U.P. & Another Coram - Hon'ble Amar Saran,J. 372. Headline Summary - Sec. 406 IPC- No offence made out without entrustment of property Judgment/Order - APPLICATION U/s 482 No. 5385 of 2007 Judgment/Order Dated - 19/3/2008 at Allahabad. Title - Nagendra Kumar And Others Vs. State Of U.P. And Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 373. Headline Summary - Order passed under Section 156(3) Cr.P.C. for registration of F.I.R. and investigation can not be challenged in Revision by prospective accused. Judgment/Order - CRIMINAL REVISION No. 5841 of 2006 Judgment/Order Dated - 7/3/2008 at Allahabad. Title - Suryakant Dubey & Others Vs. State Of U.P. & Another Coram - Hon'ble Vijay Kumar Verma,J. 374. Headline Summary - U.:P. Control of Goondas Act- Notice u/s 3 can be challenged in writ only when it is illegal. Judgment/Order - CRIMINAL MISC. WRIT PETITION No. 4219 of 2007 Judgment/Order Dated - 25/2/2008 at Allahabad. Title - Bachcharaj Vs. State Of U.P. & Others Coram - Hon'ble Syed Rafat Alam,J. and Hon'ble Raghunath Kishore Rastogi,J. 375. Headline Summary - Crl.trial-witness cross examined-further cross to be limited to specified questions only. Judgment/Order - CRIMINAL REVISION DEFECTIVE No. 393 of 2007 Judgment/Order Dated - 18/2/2008 at Allahabad. Title - Faisal & Others Vs. State Of U.P. & Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 376. Headline Summary - Crl.trial-witness cross examined,further cross can be permitted on specified questions only. Judgment/Order - APPLICATION U/s 482 No. 4214 of 2007 Judgment/Order Dated - 1/2/2008 at Allahabad. Title - Khalid Ahmad Khan Vs. State Of U.P. & Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 377. Headline Summary - S.482 Cr.P.C.-application after submission of C.S. not maintainable for quashing of F.I.R. Judgment/Order - APPLICATION U/s 482 No. 2042 of 2007 Judgment/Order Dated - 1/2/2008 at Allahabad. Title - Harpal Singh Vs. State Of U.P. & Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 378. Headline Summary - Section 125(1)(c) Cr.P.C. - refusing maintenance to unmarried major daughter - Notices issued to Govts. why this clause should remain on the statute. Judgment/Order - APPLICATION U/s 482 No. 1760 of 2008 Judgment/Order Dated - 31/1/2008 at Allahabad. Title - Smt. Raj Kumari Awasthi & Another Vs. State Of U.P. & Another Coram - Hon'ble Amar Saran,J. 379. Headline Summary - Under Juvenile Justice Act order refusing bail to juvenile by Board and S.J. is not proper. Judgment/Order - CRIMINAL REVISION DEFECTIVE No. 88 of 2007 Judgment/Order Dated - 31/1/2008 at Allahabad. Title - Lavi Yadav @ Love Yadav Vs. State Of U.P. & Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 380. Headline Summary - Candidate appearing in selection is estopped from challenging it. Judgment/Order - WRIT - A No. 34041 of 2001 Judgment/Order Dated - 25/1/2008 at Allahabad. Title - Dr. Dinesh Kumar Kesarwani Vs. Union Of India & Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Ran Vijai Singh,J. 381. Headline Summary - Same accused involved in two different incidents of same date-joint ttrial refused. Judgment/Order - APPLICATION U/s 482 No. 805 of 2008 Judgment/Order Dated - 23/1/2008 at Allahabad. Title - Khaliq Ahmad & Others Vs. State Of U.P. & Others Coram - Hon'ble Raghunath Kishore Rastogi,J. 382. Headline Summary - Cognizable offence-recovery also invalid-Mag.'s order rejecting application set aside. Judgment/Order - APPLICATION U/s 482 No. 774 of 2008 Judgment/Order Dated - 22/1/2008 at Allahabad. Title - Prabhash Chatuvedi Vs. State Of U.P. Coram - Hon'ble Raghunath Kishore Rastogi,J. 383. Headline Summary - No disciplinary proceeding after superannuation unless there is provision. Judgment/Order - WRIT - A No. 13986 of 1996 Judgment/Order Dated - 18/1/2008 at Allahabad. Title - Rajya Krishi Utpadan Mandi Parishad U.P. And Another Vs. Public Service Tribunal,U.P. Lucknow And Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Ran Vijai Singh,J. 384. Headline Summary - Suspension of Conviction only in very exceptional circumstances, which need to be indicated. Navjot Singh Sidhu,s case distinguished Judgment/Order - CRIMINAL APPEAL No. 1365 of 2006 Judgment/Order Dated - 29/11/2007 at Allahabad. Title - Daya Shankar Rai & Another Vs. State Of U.P. Coram - Hon'ble Amar Saran,J. 385. Headline Summary - In the absence of any evidence, conviction cannot be based merely on the admissions/confession of accused made in the examination u/s 313 Cr.P.C. Judgment/Order - CRIMINAL APPEAL No. 1840 of 1985 Judgment/Order Dated - 23/11/2007 at Allahabad. Title - Balmant Vs. State Of U.P. Coram - Hon'ble Amar Saran,J. and Hon'ble Vijay Kumar Verma,J. 386. Headline Summary - S.302 IPC prosecution case that deadbody was carried to another place by accused-due to absence of blood on spot accused acquitted. Judgment/Order - CRIMINAL APPEAL No. 2290 of 1982 Judgment/Order Dated - 21/11/2007 at Allahabad. Title - Brijveer And Ors. Vs. State Of U.P. Coram - Hon'ble Kawaljeet Singh Rakhra,J. and Hon'ble Raghunath Kishore Rastogi,J. 387. Headline Summary - S.302 IPC-cased based on circumstantial evidence failed to prove guilt beyond doubt-accused acquitted. Judgment/Order - CRIMINAL APPEAL No. 2385 of 1982 Judgment/Order Dated - 19/11/2007 at Allahabad. Title - Dayashankar Vs. State Of U.P Coram - Hon'ble Raghunath Kishore Rastogi,J. 388. Headline Summary - Unregistered Agreement to sell can not be specifically enforced Judgment/Order - FIRST APPEAL No. 240 of 1998 Judgment/Order Dated - 16/11/2007 at Allahabad. Title - Vijay Kumar Sharma Vs. Devesh Behari Saxena Coram - Hon'ble Yatindra Singh,J. and Hon'ble Vijay Kumar Verma,J. 389. Headline Summary - S.362 Cr.P.C.-Mag. could not review earlier order passed by his predecessor. Judgment/Order - APPLICATION U/s 482 No. 2749 of 2005 Judgment/Order Dated - 16/11/2007 at Allahabad. Title - Ramesh Vs. State Of U.P. Coram - Hon'ble Raghunath Kishore Rastogi,J. 390. Headline Summary - Crl trial - Punishment in departmental proceedings no bar to Crl. prosecution Judgment/Order - APPLICATION U/s 482 No. 201 of 2007 Judgment/Order Dated - 16/11/2007 at Allahabad. Title - Rajesh Kumar Srivastava Vs. State Of U.P. & Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 391. Headline Summary - S. 482 Cr.P.C.- No allegation in complaint that accused had knowledge or reason to believe property as stolen- proceedings quashed Judgment/Order - APPLICATION U/s 482 No. 9791 of 2004 Judgment/Order Dated - 16/11/2007 at Allahabad. Title - Babloo And Others Vs. State Of U.P. And Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 392. Headline Summary - S.302 IPC circumstantial evidence of last seen-extra judl.confession-accused acquitted. Judgment/Order - CRIMINAL APPEAL No. 2008 of 1982 Judgment/Order Dated - 15/11/2007 at Allahabad. Title - Nawal Singh Vs. State Of U.P. Coram - Hon'ble Kawaljeet Singh Rakhra,J. and Hon'ble Raghunath Kishore Rastogi,J. 393. Headline Summary - S.396 IPC-accused not named in FIR, identification evidence not good-conviction set aside. Judgment/Order - CRIMINAL APPEAL No. 1100 of 1983 Judgment/Order Dated - 13/11/2007 at Allahabad. Title - Rajbir Vs. State Of U.P. Coram - Hon'ble Kawaljeet Singh Rakhra,J. and Hon'ble Raghunath Kishore Rastogi,J. 394. Headline Summary - S.376 IPC-accused ravished girl a/a 8 years-RI 10 years justified. Judgment/Order - CRIMINAL APPEAL No. 1450 of 2006 Judgment/Order Dated - 13/11/2007 at Allahabad. Title - Arvind Vs. State Of U.P. Coram - Hon'ble Kawaljeet Singh Rakhra,J. and Hon'ble Raghunath Kishore Rastogi,J. 395. Headline Summary - t Judgment/Order - SPECIAL APPEAL No. 346 of 2004 Judgment/Order Dated - 26/10/2007 at Lucknow. Title - Shashi Sharma Vs. State Of U.P.Through Secy Basic Educaiton Coram - Hon'ble Pradeep Kant,J. and Hon'ble Shri Narayan Shukla,J. 396. Headline Summary - Section 363 IPC- Girl major as per High School Certificate -no need to medical examtion to ascertain her age Judgment/Order - APPLICATION U/s 482 No. 5367 of 2004 Judgment/Order Dated - 4/10/2007 at Allahabad. Title - Khaderu Ram Yadav Vs. State Of U.P. Coram - Hon'ble Raghunath Kishore Rastogi,J. 397. Headline Summary - Parties compromise in case u/s 419, 420,467, 468 and 506 I.P.C.-application u/s 482 Cr.P.C. allowed. Judgment/Order - APPLICATION U/s 482 No. 13053 of 2006 Judgment/Order Dated - 4/10/2007 at Allahabad. Title - Jiut Bandhan Vs. State Of U.P. And Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Raghunath Kishore Rastogi,J. 398. Headline Summary - No difference between B.Ed. (face to face) and B.Ed. (Distant Mode) Judgment/Order - SPECIAL APPEAL No. 1271 of 2007 Judgment/Order Dated - 3/10/2007 at Allahabad. Title - Gyanendra Kumar Sharma & Others Vs. State Of U.P. & Others Coram - Hon'ble Hemant Laxman Gokhale,J. and Hon'ble Anjani Kumar,J. 399. Headline Summary - In theft case owner is entitled to custody of ornaments during the pendency of the case Judgment/Order - APPLICATION U/s 482 No. 14331 of 2006 Judgment/Order Dated - 28/9/2007 at Allahabad. Title - Vijay Kumar Vs. State Of U.P. Coram - Hon'ble Raghunath Kishore Rastogi,J. 400. Headline Summary - S.138 N.I.A.- Notice given and complaint filed after expiry of limitation period- complaint quashed. Judgment/Order - APPLICATION U/s 482 No. 3343 of 2006 Judgment/Order Dated - 28/9/2007 at Allahabad. Title - Smt. Sunita Agrawal Vs. State Of U.P. & Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 401. Headline Summary - Property of Churches of India vest for purposes of Church of England and is subject to the Rules Judgment/Order - FIRST APPEAL No. 556 of 1985 Judgment/Order Dated - 26/9/2007 at Allahabad. Title - State Of U.P. & Others Vs. Indian Christian Trusties Coram - Hon'ble Yatindra Singh,J. and Hon'ble Vijay Kumar Verma,J. 402. Headline Summary - Cr.P.C.- Order for deposit of passport and Visa to ensure attendance of accused is not coercive process Judgment/Order - APPLICATION U/s 482 No. 4811 of 2004 Judgment/Order Dated - 25/9/2007 at Allahabad. Title - Jarrar Hussain And Others Vs. State Of U.P. And Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 403. Headline Summary - Plea of juvenileship not to be rejected due to delay Judgment/Order - APPLICATION U/s 482 No. 11905 of 2006 Judgment/Order Dated - 25/9/2007 at Allahabad. Title - Kuldeep Kumar And Others Vs. State Of U.P. Coram - Hon'ble Raghunath Kishore Rastogi,J. 404. Headline Summary - Order summoning a person as accused u/s 319 Cr.P.C. to be passed after cross examinaiton Judgment/Order - APPLICATION U/s 482 No. 21193 of 2007 Judgment/Order Dated - 24/9/2007 at Allahabad. Title - Havendra Singh @ Harvendra Kumar Vs. State Of U.P. & Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 405. Headline Summary - S.207 Cr.P.C.-prosecution not bound to give copies of evidence not relied upon by it. Judgment/Order - APPLICATION U/s 482 No. 3699 of 2007 Judgment/Order Dated - 24/9/2007 at Allahabad. Title - Ramadhin & Others Vs. State Of U.P. & Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 406. Headline Summary - Protection of 197Cr.P.C. not available to government servant in case of beating in personal capacity. Judgment/Order - APPLICATION U/s 482 No. 21242 of 2007 Judgment/Order Dated - 21/9/2007 at Allahabad. Title - Munesh Prasad Vs. State Of U.P. & Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 407. Headline Summary - Summoning of acused u/s 319 Cr.P.C. - guideline explained Judgment/Order - APPLICATION U/s 482 No. 22382 of 2007 Judgment/Order Dated - 19/9/2007 at Allahabad. Title - Amar Singh & Others Vs. State Of U.P. & Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 408. Headline Summary - Subsequent unverfied compromise chaing terms unenforceable. Judgment/Order - APPLICATION U/s 482 No. 9370 of 2004 Judgment/Order Dated - 19/9/2007 at Allahabad. Title - Sarvesh Kumar Shukla Vs. State Of U.P. And Others Coram - Hon'ble Raghunath Kishore Rastogi,J. 409. Headline Summary - NIA-Officers of Compqny or firm liable to make payment tobe impleaded as accused and not others. Judgment/Order - APPLICATION U/s 482 No. 5644 of 2005 Judgment/Order Dated - 19/9/2007 at Allahabad. Title - Mohd. Daud And Another Vs. State Of U.P. And Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 410. Headline Summary - Proceedings u/s 107/116 Cr.P.C. must be concluded within six months from the date of institution Judgment/Order - APPLICATION U/s 482 No. 2055 of 2007 Judgment/Order Dated - 17/9/2007 at Allahabad. Title - Atul Nigam Vs. State Of U.P. & Others Coram - Hon'ble Raghunath Kishore Rastogi,J. 411. Headline Summary - Gratuity in Uttar Pradesh cannot be forfeited under Regulation 351-A of the Civil Service Regulations. Judgment/Order - WRIT - A No. 52482 of 2003 Judgment/Order Dated - 10/9/2007 at Allahabad. Title - Bhagwati Prasad Verma Vs. State Of U.P. Thru' The Secy. Basic Edu. U.P. Shasan & Ors. Coram - Hon'ble Vijay Manohar Sahai,J. and Hon'ble Shishir Kumar,J. 412. Headline Summary - Rule 4(1) First Proviso of Rules, 1999 mandatory. Employee can be suspended only on serious allegations. Judgment/Order - WRIT - A No. 35923 of 2007 Judgment/Order Dated - 6/9/2007 at Allahabad. Title - Dr. Arvind Kumar Ram Vs. State Of U.P. Thru' Its Secretary And Others Coram - Hon'ble Vijay Manohar Sahai,J. and Hon'ble Bharati Sapru,J. 413. Headline Summary - Enhancing rent is fundamental right of the landlord Judgment/Order - WRIT - A No. 69351 of 2006 Judgment/Order Dated - 22/8/2007 at Allahabad. Title - Abdul Jalil Vs. Special Judge E.C.Act/Addl. Distt. (E.P.J.S.C.C.) & Others Coram - Hon'ble Rakesh Tiwari,J. 414. Headline Summary - Rs.2,69,433/- being diminution price of machinery, assessee failed to declare it truly to A.O. Reassessment roceedings u/s 147(a) rightly initiated. Judgment/Order - INCOME TAX REFERENCE No. 361 of 1982 Judgment/Order Dated - 22/8/2007 at Allahabad. Title - The Income Tax Commisioner Vs. M/S J.K. Jute Mills Co. Ltd. Coram - Hon'ble Hemant Laxman Gokhale,J. and Hon'ble R.K. Agrawal,J. 415. Headline Summary - if one claims that he is not liable to pay tax on transfer of goods from one State to another or return thereof, he has to furnish declaration Form F Judgment/Order - WRIT TAX No. 302 of 2007 Judgment/Order Dated - 17/8/2007 at Allahabad. Title - M/A Ambica Steels Limited Vs. State Of U.P. & Others Coram - Hon'ble R.K. Agrawal,J. and Hon'ble Vikram Nath,J. 416. Headline Summary - mixing of spices manufactures a new and different commodity, Ashok Grah Udyog Kendra (P) Ltd., 2004 NTN (25) 702 (Allahabad) is not a good law Judgment/Order - WRIT TAX No. 1166 of 2003 Judgment/Order Dated - 17/8/2007 at Allahabad. Title - M/S Ashoka Food & De-Hydred Sansthan Vs. State Of U.P. & Others Coram - Hon'ble R.K. Agrawal,J. and Hon'ble Vikram Nath,J. 417. Headline Summary - NSA-Evaluation of answer books by unauthorised examiners not a point concerning public order- detention illegal. Judgment/Order - HABEAS CORPUS WRIT PETITION No. 9819 of 2007 Judgment/Order Dated - 3/8/2007 at Allahabad. Title - Ram Pratap Singh Vs. Union Of India & Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Raghunath Kishore Rastogi,J. 418. Headline Summary - High Court while giving its opinion in a reference does not sit in appeal over the findings recorded by the Tribunal, which are not perverse. Judgment/Order - INCOME TAX REFERENCE No. 157 of 1989 Judgment/Order Dated - 20/7/2007 at Allahabad. Title - C.I.T. Vs. M/S B.D. Authority Coram - Hon'ble R.K. Agrawal,J. and Hon'ble Vikram Nath,J. 419. Headline Summary - Mag. can grant bail in offences under SC/ST Act not punishable with death or Life imprisonment. Judgment/Order - WRIT - A No. 41339 of 2005 Judgment/Order Dated - 19/7/2007 at Allahabad. Title - Saroj Kumar Upadhyaya Vs. Highcourt Of Judicature At Alld. Thru Registrar General &Anr Coram - Hon'ble Yatindra Singh,J. and Hon'ble Raghunath Kishore Rastogi,J. 420. Headline Summary - Sec.3(2)(v)SC/ST Act-no charge if noallegation that offence committed on the basis that victim belongs to SC/ST. Judgment/Order - CRIMINAL REVISION No. 1870 of 2003 Judgment/Order Dated - 13/7/2007 at Allahabad. Title - Rajnish Dwivedi Vs. State Of U.P. Throughh Secretary Home, At Lko. Coram - Hon'ble Yatindra Singh,J. and Hon'ble Raghunath Kishore Rastogi,J. 421. Headline Summary - Section 147, Expl.II(b) of IT Act added w.e.f. 1.4.1989 provides by deeming fiction that income can be treated to have escaped assessment. Judgment/Order - WRIT TAX No. 593 of 1999 Judgment/Order Dated - 6/7/2007 at Allahabad. Title - M/S S.K.Gupta & Company Vs. Income Tax Officer, Ward-I, Ghaziabad Coram - Hon'ble R.K. Agrawal,J. and Hon'ble Bharati Sapru,J. 422. Headline Summary - circular directs Excise Deptt to release non-relied seized goods/documents to assessee, where notice is not issued within six months from seizure. Judgment/Order - WRIT TAX No. 237 of 2007 Judgment/Order Dated - 6/7/2007 at Allahabad. Title - M/S Novament Indistreis & Another Vs. Union Of India Thru' Secretary Min. Of Fin. &Others Coram - Hon'ble Hemant Laxman Gokhale,J. and Hon'ble R.K. Agrawal,J. 423. Headline Summary - Petitioners can file application u/s 13A(6) of UP Trade Tax Act for release of goods without furnishing security, where matter can be gone into Judgment/Order - WRIT TAX No. 1817 of 2006 Judgment/Order Dated - 6/7/2007 at Allahabad. Title - M/S Rajeev Kumar Jain Vs. State Of U.P. & Others Coram - Hon'ble R.K. Agrawal,J. and Hon'ble Bharati Sapru,J. 424. Headline Summary - reasons have to be assigned by Addl. Commissioner while granting sanction u/s 21(2) of UP Trade Tax Act, authorisation set aside Judgment/Order - WRIT TAX No. 1055 of 2001 Judgment/Order Dated - 6/7/2007 at Allahabad. Title - M/S Ramayan Traders, Bareilly And Another Vs. Asstt. Commissioner (Assessment:Iii), Trade Tax,Bareilly &An Coram - Hon'ble R.K. Agrawal,J. and Hon'ble Bharati Sapru,J. 425. Headline Summary - A.C. has no power to sit in appeal or review a good entry awarded by A.J., thus, exceeded its power and its decision set aside Judgment/Order - WRIT - A No. 52413 of 2005 Judgment/Order Dated - 6/7/2007 at Allahabad. Title - Desh Bhushan Jain Vs. State Of U.P. And Another Coram - Hon'ble R.K. Agrawal,J. and Hon'ble Vikram Nath,J. 426. Headline Summary - Crl Trial-On rejecting final report case to proceed as State Case if sufficient evidence in C.D. is not otherwise Judgment/Order - APPLICATION U/s 482 No. 12516 of 2007 Judgment/Order Dated - 5/6/2007 at Allahabad. Title - Mohd. Yusuf & Others Vs. State Of U.P. & Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 427. Headline Summary - In a complaint triable by a Sessions Court, Magistrte must record statements of all witnessess u/s 202 Cr.p.C. Judgment/Order - APPLICATION U/s 482 No. 12535 of 2007 Judgment/Order Dated - 5/6/2007 at Allahabad. Title - Kailash Nath Pandey & Another Vs. State Of U.P. & Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 428. Headline Summary - Maintenance allowance fixed in the compromise can be altered u/s 127 Cr.P.C. Judgment/Order - APPLICATION U/s 482 No. 11923 of 2007 Judgment/Order Dated - 1/6/2007 at Allahabad. Title - Ram Narayan Gupta Vs. Smt. Laxmi Devi & Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 429. Headline Summary - Orders dt.17.9.05 and 28.7.06 of AICTE quashed & AICTE directed to decide matter afresh in accordance with law and observations made. Judgment/Order - SPECIAL APPEAL No. 843 of 2006 Judgment/Order Dated - 1/6/2007 at Allahabad. Title - Amity Business School Thru' Authorized Signatory & Another Vs. All India Council For Technical Education & Others Coram - Hon'ble R.K. Agrawal,J. and Hon'ble Vikram Nath,J. 430. Headline Summary - approved draft scheme cannot be quashed for inordinate delay; existing permit holders are entitled to compensation; temp. permit cannot be renewed Judgment/Order - WRIT - A No. 9332 of 2002 Judgment/Order Dated - 1/6/2007 at Allahabad. Title - U.P.S.R.T.C. Thru' Managing Director Vs. State Of U.P. Thru' Principal Secy. Transport & Anr. Coram - Hon'ble R.K. Agrawal,J. and Hon'ble Vikram Nath,J. 431. Headline Summary - Accused sentenced to four years R.I. u/s 326 I.P.C.-Appeal heard after 25 years, fine of Rs. 45,000/- substituted. Judgment/Order - CRIMINAL APPEAL No. 480 of 1982 Judgment/Order Dated - 31/5/2007 at Allahabad. Title - Asghar Ali & Others Vs. State Of U.P.& Others Coram - Hon'ble Raghunath Kishore Rastogi,J. 432. Headline Summary - Sec.239 Cr.P.C.-Accused may be discharged if no case made out on the bais of prosecution documents Judgment/Order - APPLICATION U/s 482 No. 11806 of 2007 Judgment/Order Dated - 31/5/2007 at Allahabad. Title - Rais Miyan & Others Vs. State Of U.P. & Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 433. Headline Summary - Criminal trial -while claiming charge only prosecution evidence will be considered and not defence plea. Judgment/Order - APPLICATION U/s 482 No. 11771 of 2007 Judgment/Order Dated - 30/5/2007 at Allahabad. Title - Raghvendra Kumar Srivastava & Others Vs. State Of U.P. & Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 434. Headline Summary - Sec 164 Cr.P.C.-Only IO can apply regarding statement of witness and none else Judgment/Order - APPLICATION U/s 482 No. 11739 of 2007 Judgment/Order Dated - 30/5/2007 at Allahabad. Title - Smt. Jag Devi @ Jagwati & Another Vs. State Of U.P. Coram - Hon'ble Raghunath Kishore Rastogi,J. 435. Headline Summary - Crl.Ttrial- After completion of statement,specific question to be specified for further cross. Judgment/Order - APPLICATION U/s 482 No. 11728 of 2007 Judgment/Order Dated - 30/5/2007 at Allahabad. Title - Awinesh Vs. State Of U.P. & Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 436. Headline Summary - Sec.25 Arms Acft sentence below minimum prescribed u/s 25-B(1) can be imposed in suitable cases. Judgment/Order - CRIMINAL APPEAL No. 484 of 1982 Judgment/Order Dated - 29/5/2007 at Allahabad. Title - Laturi Vs. State Of U.P Coram - Hon'ble Raghunath Kishore Rastogi,J. 437. Headline Summary - Chargesheet by police in non-cognizable case to be treated as a complaint. Judgment/Order - APPLICATION U/s 482 No. 11635 of 2007 Judgment/Order Dated - 29/5/2007 at Allahabad. Title - Santosh Kumar Trivedi Vs. State Of U.P. & Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 438. Headline Summary - S.354 IPC-considering long gap of 25 yrs imprisonment commuted to enhanced fine. Judgment/Order - CRIMINAL APPEAL No. 2199 of 1982 Judgment/Order Dated - 28/5/2007 at Allahabad. Title - Ram Chandra Vs. State Of U.P. Coram - Hon'ble Raghunath Kishore Rastogi,J. 439. Headline Summary - when recruitment is held within year of recruitment, benefit of second proviso to Rule 10 is not available; Rule 4(m) valid. Judgment/Order - WRIT - A No. 69148 of 2006 Judgment/Order Dated - 25/5/2007 at Allahabad. Title - Shikha Srivastava And Others Vs. State Of U.P. And Another Coram - Hon'ble R.K. Agrawal,J. , Hon'ble Sunil Ambwani,J. and Hon'ble S.S. Kulshrestha,J. 440. Headline Summary - Sec.362 Cr.P.C. bars review/recall of order by same court. Remedy to approach superior court. Judgment/Order - CRIMINAL REVISION No. 966 of 2003 Judgment/Order Dated - 25/5/2007 at Allahabad. Title - Smt. Gayatri Mishra Vs. State Of U.P. And Others Coram - Hon'ble Raghunath Kishore Rastogi,J. 441. Headline Summary - Sec.156(3) Cr.P.C., Powers of Magistrate, correctness of dictum in Cr..M..Appl. 6152/06 doubted- referred to larger Bench. Judgment/Order - APPLICATION U/s 482 No. 9297 of 2007 Judgment/Order Dated - 18/5/2007 at Allahabad. Title - Sukhwasi Vs. State Of U.P. Coram - Hon'ble Yatindra Singh,J. and Hon'ble Raghunath Kishore Rastogi,J. 442. Headline Summary - Petition dismissed. Court being dissatisfied directed for action under Regulation 351-A CSR if Comm., Trade Tax, forms such an opinion Judgment/Order - WRIT TAX No. 563 of 2007 Judgment/Order Dated - 11/5/2007 at Allahabad. Title - M/S King Agency Vs. State Of U.P. & Others Coram - Hon'ble Hemant Laxman Gokhale,J. and Hon'ble R.K. Agrawal,J. 443. Headline Summary - Complaint u/s 138 Negotiable Instrucments Act not maintainable without service of notice Judgment/Order - APPLICATION U/s 482 No. 8777 of 2007 Judgment/Order Dated - 8/5/2007 at Allahabad. Title - Ravindra Singh Gugyani Alias Sanju Vs. State Of U.P. & Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 444. Headline Summary - Section 319 Cr.P.C., accused not to be summoned on hearsay evidence Judgment/Order - CRIMINAL REVISION No. 1200 of 2007 Judgment/Order Dated - 8/5/2007 at Allahabad. Title - Jamuna Devi & Others Vs. State Of U.P. Coram - Hon'ble Raghunath Kishore Rastogi,J. 445. Headline Summary - Tax authorities to examine/state in memo whether appeal involving tax effect less than 4 lacs falls within one of exceptions. Judgment/Order - INCOME TAX APPEAL DEFECTIVE No. 201 of 2001 Judgment/Order Dated - 1/5/2007 at Allahabad. Title - The Commissioner Of Income Tax Kanpur Vs. M/S Roshan Lal Talwar (Maj. Qrs.) Jhansi Coram - Hon'ble Hemant Laxman Gokhale,J. and Hon'ble R.K. Agrawal,J. 446. Headline Summary - UP Higher Education Services Commission Act is valid. Judgment/Order - WRIT - A No. 31014 of 2005 Judgment/Order Dated - 16/4/2007 at Allahabad. Title - C/M D.N. (P.G.) College Meerut Thru' Hony' Secy., & Anr Vs. State Of Up Thru' Secy Higher Education And Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Vijay Kumar Verma,J. 447. Headline Summary - The question whether the scheme of arrangement should be stamped or not - referred to third Judge. Judgment/Order - WRIT - C No. 41811 of 2006 Judgment/Order Dated - 6/4/2007 at Allahabad. Title - M/S Hero Motors Limited, New Delhi Thru Its President Vs. State Of U.P. Thru' Adm (Finance & Revenue) And Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Ran Vijai Singh,J. 448. Headline Summary - Procedure for issuing gate pass by Mandi Samitee explained Judgment/Order - WRIT - C No. 3957 of 2000 Judgment/Order Dated - 16/3/2007 at Allahabad. Title - Itc Ltd. Vs. Mandi Parishad & Another Coram - Hon'ble Yatindra Singh,J. and Hon'ble Sanjay Misra,J. 449. Headline Summary - Non bailable warrant & process u/s 82 & 83 Cr.P.C. cannot be issued simultaneously. Judgment/Order - APPLICATION U/s 482 No. 3076 of 2007 Judgment/Order Dated - 22/2/2007 at Allahabad. Title - Shamsher And Others Vs. State Of U.P. And Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 450. Headline Summary - Offences non-compoundable but inview of spl. facts compounding permitted u/s 465, 467, 468 & 471IPC. Judgment/Order - CRIMINAL MISC. WRIT PETITION No. 947 of 2007 Judgment/Order Dated - 25/1/2007 at Allahabad. Title - Kumar Manglam Birla Vs. Addl. Chief Judicial Magistrate & Others Coram - Hon'ble Raghunath Kishore Rastogi,J. 451. Headline Summary - Sec.173 Cr.P.C. permits further investigation & not reinvestigation. Judgment/Order - CRIMINAL MISC. WRIT PETITION No. 796 of 2007 Judgment/Order Dated - 22/1/2007 at Allahabad. Title - Smt. Sugandha Devi And Others Vs. State Of U.P. Thru' Its Secy. (Home) Govt. Of U.P. & Ors. Coram - Hon'ble Raghunath Kishore Rastogi,J. 452. Headline Summary - Accused having fire arms caused injuries from buts and barrels of those arms prima facie has no intentionto kill Judgment/Order - APPLICATION U/s 482 No. 1171 of 2007 Judgment/Order Dated - 18/1/2007 at Allahabad. Title - Pappu & Others Vs. State Of U.P. & Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 453. Headline Summary - Name of the medicine in the licence under the Drugs Act- can not infringe Trade mark. Judgment/Order - WRIT - C No. 8746 of 2001 Judgment/Order Dated - 18/1/2007 at Allahabad. Title - M/S Cattle Remedies Through Its Partner & Another Vs. The Licensing Authority & Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Ran Vijai Singh,J. 454. Headline Summary - Police report & complaint for same incident against different persons-S 210 CR.P.C.not applicable to both cases to be decided together. Judgment/Order - APPLICATION U/s 482 No. 9529 of 2006 Judgment/Order Dated - 18/12/2006 at Allahabad. Title - Smt. Harpyari & Others Vs. State Of U.P. & Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 455. Headline Summary - Mag. cannot summon accused on protest petition in F.R. where there is no evidence in C.D. Judgment/Order - APPLICATION U/s 482 No. 16730 of 2006 Judgment/Order Dated - 15/12/2006 at Allahabad. Title - Baijnath And Another Vs. State Of U.P. And Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 456. Headline Summary - G.O. dated23.12.2003 and 23.9.2006 providing for self examination centre in the high school and intermediate examinationsquashed Judgment/Order - WRIT - C No. 7339 of 2006 Judgment/Order Dated - 15/12/2006 at Allahabad. Title - C/M. Shri Mohan Singh Inter College, Mathura And Another Vs. State Of U.P. And Others Coram - Hon'ble Shambhu Nath Srivastava,J. 457. Headline Summary - The Judges of superior Courts are particularly trained to give reasonable decisions even on complicated matters requiring any special expertise Judgment/Order - ARBITRATION and CONCILI. APPL.U/s11(4) No. 39 of 2001 Judgment/Order Dated - 1/12/2006 at Allahabad. Title - Wig & Sons Vs. Chief Engineer (Air Force), Bamrauli, Alld. Coram - Hon'ble Ajoy Nath Ray,J. 458. Headline Summary - The well known principle of law is that actus curiae neminem gravabit Judgment/Order - SPECIAL APPEAL No. 692 of 2006 Judgment/Order Dated - 1/12/2006 at Allahabad. Title - Vice Chancellor, Banaras Hindu Univeristy, Varanasi & Others Vs. Anand Kumar Rai & Others Coram - Hon'ble Ajoy Nath Ray,J. and Hon'ble Ashok Bhushan,J. 459. Headline Summary - The interim order refused in P.C.S.(J) examination, writ petition dismissed. Judgment/Order - WRIT - A No. 59653 of 2006 Judgment/Order Dated - 2/11/2006 at Allahabad. Title - Jai Prakash Tiwari And Others Vs. State Of U.P. And Others Coram - Hon'ble Sushil Harkauli,J. and Hon'ble Pankaj Mithal,J. 460. Headline Summary - Magistrate can treat an application u/s 156(3) Cr.P.C. as a complaint and vice versa. Judgment/Order - APPLICATION U/s 482 No. 11893 of 2004 Judgment/Order Dated - 13/10/2006 at Allahabad. Title - Shiv Narain Jaiswal And Others Vs. State Of U.P. And Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 461. Headline Summary - F.R. submitted-Magistrate doubting geneuineness of statement to summon accused without further investigation-order illegal. Judgment/Order - APPLICATION U/s 482 No. 7259 of 2005 Judgment/Order Dated - 13/10/2006 at Allahabad. Title - Aun Mohammad Naqvi @ Siddan & Another Vs. State Of U.P. & Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 462. Headline Summary - Sec.482 Cr.P.C.where no evidence of unnatrural death charge u/s 304-B IPC to be probed. Judgment/Order - APPLICATION U/s 482 No. 610 of 2006 Judgment/Order Dated - 13/10/2006 at Allahabad. Title - Smt. Vimla Devi & Another Vs. State Of U.P. & Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 463. Headline Summary - In a case of F.R. Magistrate to consider F.R. itself & supporting evidence while passing order on protest petition. Judgment/Order - APPLICATION U/s 482 No. 8174 of 2005 Judgment/Order Dated - 13/10/2006 at Allahabad. Title - Diwari Lal And Others. Vs. State Of U.P And Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 464. Headline Summary - Second Appeal-parties reached compromise-withdrawal application-second appeal dismissed as not pressed-no liberty for fresh second appeal Judgment/Order - SECOND APPEAL No. 857 of 1981 Judgment/Order Dated - 6/10/2006 at Allahabad. Title - Pratappur Sugar & Industry Ltd. Vs. Ashwani Kumar Shukla Coram - Hon'ble Satya Poot Mehrotra,J. 465. Headline Summary - Second Appeal , sole defendant-appellant expired-no Substitution Application filed-Second Appeal dismissed as abated. Judgment/Order - SECOND APPEAL No. 831 of 1982 Judgment/Order Dated - 27/9/2006 at Allahabad. Title - Gauri Shanker Srivastava Vs. Shri Radha Kishna Ji Maharaj Sri Mulloo Swami,B.M. Coram - Hon'ble Satya Poot Mehrotra,J. 466. Headline Summary - The action must be initiated in a contempt proceeding within a period of one year from the date the contempt is alleged to have been committed. Judgment/Order - SPECIAL APPEAL No. 1080 of 2006 Judgment/Order Dated - 21/9/2006 at Allahabad. Title - Bali Ram Vs. Chief Engineer, Irrigation, Deptt. Gorakhpur & Others Coram - Hon'ble Ajoy Nath Ray,J. and Hon'ble Ashok Bhushan,J. 467. Headline Summary - S.210 Cr.P.C.-complaint case and State case in respect of same incident be tried together. Judgment/Order - APPLICATION U/s 482 No. 14579 of 2005 Judgment/Order Dated - 8/9/2006 at Allahabad. Title - Smt. Kamlesh Bhardwaj And Another Vs. State Of U.P. And Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 468. Headline Summary - Juvenile Justice Act - Age to be determined as per Rule 22 of U.P.Juvenile Justice Rules 2004 Judgment/Order - APPLICATION U/s 482 No. 9130 of 2005 Judgment/Order Dated - 6/9/2006 at Allahabad. Title - Devendra @ Chintu Vs. State Of U.P. And Others Coram - Hon'ble Raghunath Kishore Rastogi,J. 469. Headline Summary - Plea of Juvenile cannot be refused on the ground of delay Judgment/Order - APPLICATION U/s 482 No. 5522 of 2006 Judgment/Order Dated - 6/9/2006 at Allahabad. Title - Ram Babu Vs. State Of U.P. & Another Coram - Hon'ble Yatindra Singh,J. and Hon'ble Raghunath Kishore Rastogi,J. 470. Headline Summary - Second Appeal contesting plaintiffs-respondents expired-Substitution Application not filed-Second Appeal dismissed as abated. Judgment/Order - SECOND APPEAL No. 677 of 1981 Judgment/Order Dated - 5/9/2006 at Allahabad. Title - Smt.Sham Sundri And Another Vs. Ram Nandan And Others Coram - Hon'ble Satya Poot Mehrotra,J. 471. Headline Summary - Gross misconduct - act prejudicial to the interest of Bank - WP dismissed Judgment/Order - WRIT - A No. 48010 of 2000 Judgment/Order Dated - 5/9/2006 at Allahabad. Title - Komal Singh Vs. General Manager (P) Syndicate Bank & Others Coram - Hon'ble Dilip Gupta,J. 472. Headline Summary - A minor not entitled to compassionate appointment after 15 years of death of father. Petition dismissed. Judgment/Order - WRIT - A No. 45571 of 2006 Judgment/Order Dated - 5/9/2006 at Allahabad. Title - Mahendra Kumar Yadav Vs. State Of U.P. And Others Coram - Hon'ble Dilip Gupta,J. 473. Headline Summary - Second Appeal-dismissed as abated-restoration and substitution application filed-injunction/stay may be granted-sections 141 and 151 cpc Judgment/Order - SECOND APPEAL No. 2576 of 1983 Judgment/Order Dated - 1/9/2006 at Allahabad. Title - Basan Lal Vs. Lakshmi Chand Coram - Hon'ble Satya Poot Mehrotra,J. 474. Headline Summary - S-50 NDPS ACT applicable to personal search of body of accused and not for search of his belonging, like bag etc. Judgment/Order - CRIMINAL MISC. BAIL APPLICATION No. 16360 of 2006 Judgment/Order Dated - 29/8/2006 at Allahabad. Title - Pradeep Kumar Pathak Vs. State Of U.P. Coram - Hon'ble Raghunath Kishore Rastogi,J. 475. Headline Summary - Writ petition in exceptional circustances is maintainable even against a notification issued under Section 4 of the Land Acquisition Act. Judgment/Order - WRIT - C No. 72063 of 2005 Judgment/Order Dated - 25/8/2006 at Allahabad. Title - Kshama Sahkari Avas Samiti Ltd. Vs. State Of U.P. And Others Coram - Hon'ble Ram Prakash Misra,J. and Hon'ble Pankaj Mithal,J. 476. Headline Summary - Revisional court cannot record finding of fact & can simply issue direction to lower court. Judgment/Order - CRIMINAL REVISION No. 667 of 1988 Judgment/Order Dated - 25/8/2006 at Allahabad. Title - R.K.Singh Vs. State Coram - Hon'ble Raghunath Kishore Rastogi,J. 477. Headline Summary - UP.Board directed to recognise Moral Education as compulsory subject-See article 51 A of Const. Judgment/Order - WRIT - C No. 44128 of 2006 Judgment/Order Dated - 23/8/2006 at Allahabad. Title - Iqbal Hussain Vs. State Of U.P. Others Coram - Hon'ble Shambhu Nath Srivastava,J. 478. Headline Summary - Crl.court when unable to decide title to case property should direct parties to seek declaration of title. Judgment/Order - APPLICATION U/s 482 No. 12947 of 2004 Judgment/Order Dated - 22/8/2006 at Allahabad. Title - District Co-Operative Bank Ltd. Fatehpur Vs. State Of U.P. Coram - Hon'ble Raghunath Kishore Rastogi,J. 479. Headline Summary - prescribing two alternate qualification & omitting preference clause to degree holder do not create hostile discrimination. Preference is for equals Judgment/Order - WRIT - A No. 33233 of 1999 Judgment/Order Dated - 19/8/2006 at Allahabad. Title - Dr. Akhilesh Mishra Vs. State Of U.P. & Others Coram - Hon'ble R.K. Agrawal,J. and Hon'ble Sanjay Misra,J. 480. Headline Summary - Appointment de hors statutory provisions on non-available post cannot be taken note of for regularisation and such regularisation is void Judgment/Order - WRIT - A No. 35149 of 1999 Judgment/Order Dated - 19/8/2006 at Allahabad. Title - Hari Bansh Dwivedi Vs. Vice Chancellor Mahatma Gandhi Klashi Vidyapith & Others Coram - Hon'ble R.K. Agrawal,J. and Hon'ble Sanjay Misra,J. 481. Headline Summary - Accused is entitled to bail where injuries on the accused side are not explained by the prosecution. Judgment/Order - CRIMINAL MISC. BAIL APPLICATION No. 12592 of 2006 Judgment/Order Dated - 17/8/2006 at Allahabad. Title - Rakesh Kumar Singh @ Puppu Vs. State Of U.P. Coram - Hon'ble Raghunath Kishore Rastogi,J. 482. Headline Summary - delay deprecated, direction to refurbish educational system Judgment/Order - WRIT - C No. 13813 of 2006 Judgment/Order Dated - 17/8/2006 at Allahabad. Title - Narendra Kumar Vs. State Of U.P. Thru' The Secretary Ministry Of Education Coram - Hon'ble Shambhu Nath Srivastava,J. 483. Headline Summary - Order for regularisation when the initial engagement is dehorse the prescribed procedure is bad. Judgment/Order - WRIT - A No. 2187 of 1997 Judgment/Order Dated - 11/8/2006 at Allahabad. Title - Anup Behari Lal Srivastava Vs. J.P. Rai Coram - Hon'ble Dilip Gupta,J. 484. Headline Summary - seniority to be counted from date of substantive appointment u/r 21(1) unless the order mentions otherwise Judgment/Order - WRIT - A No. 42264 of 2001 Judgment/Order Dated - 8/8/2006 at Allahabad. Title - Jai Prakash Vs. State Of U.P.Through Principal Secy. Admin. Reforms Dept1 L. Coram - Hon'ble R.K. Agrawal,J. and Hon'ble Ran Vijai Singh,J. 485. Headline Summary - Second Appeal-counsel for the appellant not present-repeated adjournments-Second Appeal dismissed for want of prosecution. Judgment/Order - SECOND APPEAL No. 421 of 1984 Judgment/Order Dated - 7/8/2006 at Allahabad. Title - Gulam Zilani Vs. Abdul Rahman And Another Coram - Hon'ble Satya Poot Mehrotra,J. 486. Headline Summary - The word should by itself is of a considerably less mandatory character and meaning than the world shall. Judgment/Order - SPECIAL APPEAL No. 858 of 2006 Judgment/Order Dated - 4/8/2006 at Allahabad. Title - Ram Gopal & Another Vs. The Union Of India & Ohters Coram - Hon'ble Ajoy Nath Ray,J. and Hon'ble Ashok Bhushan,J. 487. Headline Summary - Second Appeal -sole plaintiff-appellant died-Substitution Application not filed -Second Appeal dismissed as abated Judgment/Order - SECOND APPEAL No. 2941 of 1981 Judgment/Order Dated - 2/8/2006 at Allahabad. Title - Jamuna Das Vs. Ganga Ram & Others Coram - Hon'ble Satya Poot Mehrotra,J. 488. Headline Summary - Second Appeal -Sole plaintiff-appellant dead-Substitution Application dismissed for want of prosecution. Second Appeal dismissed as abated. Judgment/Order - SECOND APPEAL No. 1600 of 1985 Judgment/Order Dated - 31/7/2006 at Allahabad. Title - Yadgar Husain Vs. Jais Mohd. Coram - Hon'ble Satya Poot Mehrotra,J. 489. Headline Summary - unfairmeans. belated disposal depreciated certain directions issued Judgment/Order - WRIT - C No. 69970 of 2005 Judgment/Order Dated - 29/7/2006 at Allahabad. Title - Abhay Kumar Tripathi Vs. State Of U.P. And Others Coram - Hon'ble Shambhu Nath Srivastava,J. 490. Headline Summary - Second Appeal-Counsel for the defendants-appellants not appeared-dismissed for want of prosecution. Judgment/Order - SECOND APPEAL No. 3050 of 1981 Judgment/Order Dated - 28/7/2006 at Allahabad. Title - Suleman Vs. Amiruddin Coram - Hon'ble Satya Poot Mehrotra,J. 491. Headline Summary - Second Appeal -Sole plaintiff-appellant dead-no substitution application-Second Appeal dismissed as abated. Judgment/Order - SECOND APPEAL No. 249 of 1982 Judgment/Order Dated - 28/7/2006 at Allahabad. Title - Sarvjeet Singh Vs. Raj Kumari And Others Coram - Hon'ble Satya Poot Mehrotra,J. 492. Headline Summary - Second Appeal- Sole plaintiff-appellant-Subsitution Application dismissed for non-prosecution-Second Appeal dismissed as abated. Judgment/Order - SECOND APPEAL No. 1931 of 1984 Judgment/Order Dated - 26/7/2006 at Allahabad. Title - Sia Ram Vs. Suraj Prasad Coram - Hon'ble Satya Poot Mehrotra,J. 493. Headline Summary - Second Appeal-Counsel reporting no instructions-Second Appeal dismissed for want of prosecution. Judgment/Order - SECOND APPEAL No. 2574 of 1983 Judgment/Order Dated - 21/7/2006 at Allahabad. Title - Subedar Vs. Ram Swaroop & Others Coram - Hon'ble Satya Poot Mehrotra,J. 494. Headline Summary - No Bail where there is no evidence to substantiate cross allegation Judgment/Order - CRIMINAL MISC. BAIL APPLICATION No. 3592 of 2006 Judgment/Order Dated - 19/7/2006 at Allahabad. Title - Nanku Lal Yadav Vs. State Of U.P. Coram - Hon'ble Raghunath Kishore Rastogi,J. 495. Headline Summary - Tenders not invalid due to omission of amount in figures or words and in case of discrepancy higher amount shall be accepted Judgment/Order - WRIT - C No. 49105 of 2004 Judgment/Order Dated - 18/7/2006 at Allahabad. Title - Consolidators Information Systems Pvt. Ltd. & Anr. Vs. Chairman, Noida & Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Raghunath Kishore Rastogi,J. 496. Headline Summary - Second Apopeal- Repeated adjournment- Learned counsel not appearing -Dismissed for want of prosecution. Judgment/Order - SECOND APPEAL No. 2388 of 1984 Judgment/Order Dated - 18/7/2006 at Allahabad. Title - Hamidullah And Others Vs. Buddhu And Another Coram - Hon'ble Satya Poot Mehrotra,J. 497. Headline Summary - Contempt Petition is dismissed as not pressed. Judgment/Order - CONTEMPT APPLICATION (CIVIL) No. 3465 of 2004 Judgment/Order Dated - 17/7/2006 at Allahabad. Title - Smt. Sadhana Sinha Vs. Brig R.K. Kashyap, Director & Others Coram - Hon'ble Satya Poot Mehrotra,J. 498. Headline Summary - From 1.1.96 the pensioners entitled at least 50% of minimum of revised pay scale as pension, interest on delayed payment of arrears is awarded Judgment/Order - WRIT - A No. 15109 of 2002 Judgment/Order Dated - 5/7/2006 at Allahabad. Title - Chaudhary Shankar Singh Vs. State Of U.P. Thru' Secy. Finance Deptt. & Ors. Coram - Hon'ble R.K. Agrawal,J. and Hon'ble Bharati Sapru,J. 499. Headline Summary - Bail to father/mother-in-law in dowry death case can be refused in case of direct allegation & evidence of cruelty. Judgment/Order - CRIMINAL MISC. BAIL APPLICATION No. 12457 of 2006 Judgment/Order Dated - 4/7/2006 at Allahabad. Title - Vijay Pal Singh And Another Vs. State Of U.P. Coram - Hon'ble Raghunath Kishore Rastogi,J. 500. Headline Summary - Horizontal Reservations to be worked out for physically handicapped persons of general category. Judgment/Order - WRIT - A No. 12603 of 2003 Judgment/Order Dated - 3/7/2006 at Allahabad. Title - Dr. Ravindra Kumar Pandey Vs. State Of U.P. And Others Coram - Hon'ble Vijay Manohar Sahai,J. and Hon'ble Sabhajeet Yadav,J. 501. Headline Summary - Governor's order retaining Legal Advisor stayed. Judgment/Order - PUBLIC INTEREST LITIGATION (PIL) No. 33146 of 2006 Judgment/Order Dated - 23/6/2006 at Allahabad. Title - In Re : Secretary, High Court Bar Association, Allahabad Vs. * Coram - Hon'ble Rakesh Tiwari,J. , Hon'ble S.S. Kulshrestha,J. , Hon'ble Prakash Krishna,J. , Hon'ble Devendra Pratap Singh,J. and Hon'ble Amreshwar Pratap Sahi,J. 502. Headline Summary - Amendment irrelevant for determination of controversy between the parties, not liable to be allowed. Judgment/Order - WRIT - A No. 30338 of 2006 Judgment/Order Dated - 26/5/2006 at Allahabad. Title - Ramji Das And Another Vs. Rajendra Mohan Mathur And Another Coram - Hon'ble Krishna Murari,J. 503. Headline Summary - Recovery of excess amount paid on fixation, not occasioned by misrepresentation or fraud by petitioner, is inequitable. Judgment/Order - WRIT - A No. 21442 of 2002 Judgment/Order Dated - 26/5/2006 at Allahabad. Title - Raj Nath Ram Vs. State Of U.P. Thru' Secy. Institutional Finance & Ors. Coram - Hon'ble R.K. Agrawal,J. and Hon'ble Sanjay Misra,J. 504. Headline Summary - punishment of removal for not joining at transferred place and remaining absent without sanctined leave is appropriate Judgment/Order - WRIT - A No. 39652 of 2000 Judgment/Order Dated - 26/5/2006 at Allahabad. Title - Dinesh Chandra Jain Vs. Syndicate Bank & Others Coram - Hon'ble R.K. Agrawal,J. and Hon'ble Sanjay Misra,J. 505. Headline Summary - Ration shop-G.O. regarding cancellation on election of licensee or his family members-legal position explained. Judgment/Order - WRIT - C No. 12850 of 2003 Judgment/Order Dated - 25/5/2006 at Allahabad. Title - Ram Murat Vs. Commissioner Azamgarh Divn. & Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Raghunath Kishore Rastogi,J. 506. Headline Summary - Crl. noncompoundable case tobe dropped when husband and wife settled dispute amicably. Judgment/Order - APPLICATION U/s 482 No. 8106 of 2003 Judgment/Order Dated - 17/5/2006 at Allahabad. Title - Pankaj Mishra & Another Vs. State Of U.P. & Others Coram - Hon'ble Raghunath Kishore Rastogi,J. 507. Headline Summary - Building assessed to Tax, date of first assessment shall be deemed to be completion of building for determining the applicablity of Rent Act. Judgment/Order - WRIT - A No. 3494 of 2003 Judgment/Order Dated - 15/5/2006 at Allahabad. Title - Mohammad Aslam Vs. Om Prakash Dwivedi Coram - Hon'ble Krishna Murari,J. 508. Headline Summary - Second Appeal-Substitution Applications consequent to the death of sole defendant-appellant dismissed- Second Appeal stands abated Judgment/Order - SECOND APPEAL No. 832 of 1981 Judgment/Order Dated - 8/5/2006 at Allahabad. Title - Gulam Hussain Vs. Mohd.Farooq Coram - Hon'ble Satya Poot Mehrotra,J. 509. Headline Summary - once regular enquiry instituted, findings recorded in preliminary enquiry loose its significance Judgment/Order - WRIT - A No. 21276 of 2004 Judgment/Order Dated - 8/5/2006 at Allahabad. Title - Subhash Chandra Upadhyay Vs. State Of U.P. And Others Coram - Hon'ble R.K. Agrawal,J. and Hon'ble Sanjay Misra,J. 510. Headline Summary - Application for condonation of delay not to be allowed if there are latches on the part of applicant. Judgment/Order - CRIMINAL REVISION DEFECTIVE No. 427 of 2003 Judgment/Order Dated - 8/5/2006 at Allahabad. Title - Laxmi Devi Vs. State Of U.P. & Others Coram - Hon'ble Raghunath Kishore Rastogi,J. 511. Headline Summary - Bail can be refused to juvenile on the ground mentioned in S.12 of Juvenile Justice Act. Judgment/Order - CRIMINAL REVISION DEFECTIVE No. 520 of 2005 Judgment/Order Dated - 8/5/2006 at Allahabad. Title - Pappi @ Prem Singh Vs. State Of U.P. Coram - Hon'ble Raghunath Kishore Rastogi,J. 512. Headline Summary - Second Appeal-sole plaintiff-appellant dead, steps for notice on Substitution Application not take. Second Appeal dismissed as having abated. Judgment/Order - SECOND APPEAL No. 91 of 1981 Judgment/Order Dated - 5/5/2006 at Allahabad. Title - Mohd. Anwar Khan Vs. Harish Chandra Coram - Hon'ble Satya Poot Mehrotra,J. 513. Headline Summary - officating principal can be divested of his duty to restore normalcy in College Judgment/Order - WRIT - A No. 19341 of 2006 Judgment/Order Dated - 3/5/2006 at Allahabad. Title - Dr. Kiran Shanker Vs. Union Of India And Others Coram - Hon'ble R.K. Agrawal,J. and Hon'ble Sanjay Misra,J. 514. Headline Summary - Garages may not be used for purposes other than keeping vehicles or as a store. Judgment/Order - WRIT - C No. 22820 of 2006 Judgment/Order Dated - 1/5/2006 at Allahabad. Title - In The Matter Of : Group Captain Sukh Deo Singh Sidhu & Anr. Vs. State Of U.P. And Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Shishir Kumar,J. 515. Headline Summary - Principle of O 41 R 27 CPC to be followed by Appellate Authority under Rent Control Act while receiving additional evidence. Judgment/Order - WRIT - A No. 22249 of 2006 Judgment/Order Dated - 1/5/2006 at Allahabad. Title - Shri Durga Bhagwati Industries, Hathras And Others Vs. Shri Om Prakash Lohia And Others Coram - Hon'ble Krishna Murari,J. 516. Headline Summary - Bail to Juvenile can be refused only on grounds given in S 12, JJ Act Judgment/Order - CRIMINAL REVISION No. 835 of 2005 Judgment/Order Dated - 28/4/2006 at Allahabad. Title - Vishal Dubey Vs. State Of U.P. Coram - Hon'ble Raghunath Kishore Rastogi,J. 517. Headline Summary - No revision lies agains t preliminary orders u/s 145&146 Cr.P.C..Aggrieved party to file objection before SDM. Judgment/Order - CRIMINAL REVISION No. 703 of 2001 Judgment/Order Dated - 28/4/2006 at Allahabad. Title - Maan Babu Dubey Vs. State Of U.P. & Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 518. Headline Summary - Reservation in constituencies of CM in Cooperative Societies rotate according to Hindi alphabet. Judgment/Order - WRIT - C No. 16449 of 2006 Judgment/Order Dated - 27/4/2006 at Allahabad. Title - Sudhir Tyagi Vs. State Of U.P. And Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Raghunath Kishore Rastogi,J. 519. Headline Summary - Fixation of separate quota for promotion of different post in feeder cadre does not tantamount to reservation. Judgment/Order - WRIT - A No. 7463 of 2006 Judgment/Order Dated - 26/4/2006 at Allahabad. Title - Dinesh Kant Srivastava Vs. State Of U.P. And Others Coram - Hon'ble Vijay Manohar Sahai,J. and Hon'ble Sabhajeet Yadav,J. 520. Headline Summary - Judicial review of administrative order-cancellation of auction bad-petition allowed Judgment/Order - WRIT - C No. 18085 of 2006 Judgment/Order Dated - 25/4/2006 at Allahabad. Title - M/S Trilochan Rice And Alloy Mills Ltd. Jaunpur Vs. State Of U.P. And Others Coram - Hon'ble B.S. Chauhan,J. and Hon'ble Dilip Gupta,J. 521. Headline Summary - Petition under Article 227 dismissed on ground of alternative remedy-injunction application filed in regular First Appeal- Judgment/Order - MATTERS UNDER ARTICLE 227 No. 52 of 2006 Judgment/Order Dated - 25/4/2006 at Allahabad. Title - Mohd. Tahir Khan Vs. Mohd. Yunus Khan And Others Coram - Hon'ble Satya Poot Mehrotra,J. 522. Headline Summary - Copy of notice terminating the tenancy served after filing of suit no valid service Judgment/Order - WRIT - A No. 18640 of 2006 Judgment/Order Dated - 24/4/2006 at Allahabad. Title - Mohamad Ismail Vs. Ii Addl. Distt. Judge And Others Coram - Hon'ble Krishna Murari,J. 523. Headline Summary - Appeal decided by SOC Mau after transfer from Ballia Revision lies before DDC Mau Judgment/Order - WRIT - B No. 18339 of 2006 Judgment/Order Dated - 24/4/2006 at Allahabad. Title - Parshuram Vs. Dy. Director Of Consolidation, Ballia & Others Coram - Hon'ble Krishna Murari,J. 524. Headline Summary - Second Appeal-Sole plaintiff-appellant-dead. No Substitution Application filed. Second Appeal stands dismissed as abated. Judgment/Order - SECOND APPEAL No. 1257 of 1981 Judgment/Order Dated - 19/4/2006 at Allahabad. Title - Inder Singh Vs. Chaumal Coram - Hon'ble Satya Poot Mehrotra,J. 525. Headline Summary - Arbitration Award 30 days objection time from notice of filing date & not from any later date. Judgment/Order - FIRST APPEAL FROM ORDER No. 1362 of 2001 Judgment/Order Dated - 19/4/2006 at Allahabad. Title - The National Projects Construction Corp.Ltd., Sonebhadra Vs. M/S B.B.Verma And Another Coram - Hon'ble Yatindra Singh,J. and Hon'ble Raghunath Kishore Rastogi,J. 526. Headline Summary - The area of Industrial Township under proviso to Article 243Q is to excluded from delimitation of wards. Judgment/Order - WRIT - C No. 13333 of 2006 Judgment/Order Dated - 5/4/2006 at Allahabad. Title - Hindalco Industries Limited Vs. State Of U.P. And Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Raghunath Kishore Rastogi,J. 527. Headline Summary - Chapter XII, Rule 4 of the Rules of the Court- Second Appeal dismissed against respondents 1 & 2 only- Judgment/Order - SECOND APPEAL No. 280 of 1981 Judgment/Order Dated - 4/4/2006 at Allahabad. Title - Bhagwan Das & Ors. Vs. Sri Sumer Chand Coram - Hon'ble Satya Poot Mehrotra,J. 528. Headline Summary - Second Appeal sole defendant-respondent-Substutiton Application dismissed u/Ch XII R4-Second Appeal dismissed as abated. Judgment/Order - SECOND APPEAL No. 2772 of 1983 Judgment/Order Dated - 30/3/2006 at Allahabad. Title - Mata Sevak Vs. Sarju Prasad Coram - Hon'ble Satya Poot Mehrotra,J. 529. Headline Summary - spl. adverse entry should relate to particular instance/work on application of mind thereto Judgment/Order - WRIT - A No. 15078 of 2002 Judgment/Order Dated - 30/3/2006 at Allahabad. Title - Bajrang Bahadur Singh Vs. State Of U.P. Thru' Principal Secy. P.W.D. & Anr. Coram - Hon'ble R.K. Agrawal,J. and Hon'ble Ravindra Nath Misra,J. 530. Headline Summary - Writ in non-contractual matters- Direction to decide representation-No Judgment/Order - WRIT - C No. 17190 of 2006 Judgment/Order Dated - 29/3/2006 at Allahabad. Title - Sant Gadge Seva Niketan And Another Vs. State Of U.P. And Others Coram - Hon'ble B.S. Chauhan,J. and Hon'ble Dilip Gupta,J. 531. Headline Summary - Govt. directed to take steps towards ameliorating working conditions of officers on revenue as well as consolidation side Judgment/Order - WRIT - B No. 12061 of 2006 Judgment/Order Dated - 28/3/2006 at Allahabad. Title - Smt. Shanti Devi & Another Vs. State Of U.P. & Others Coram - Hon'ble Shambhu Nath Srivastava,J. 532. Headline Summary - GO prohibiting renewal of whole sale fertilizer registration within 5 Km of Indo-Nepal border-illegal Judgment/Order - WRIT - C No. 32344 of 2005 Judgment/Order Dated - 28/3/2006 at Allahabad. Title - M/S Rajpal Trading Co. Thru' Prop. & Another Vs. State Of U.P. Thru' Secy. Deptt. Of Agriculture & Ors. Coram - Hon'ble Yatindra Singh,J. and Hon'ble Raghunath Kishore Rastogi,J. 533. Headline Summary - Writ-conditional stay of eviction-damages awarded at enhanced rate-direction for deposit-no modification required Judgment/Order - WRIT - A No. 52186 of 2002 Judgment/Order Dated - 23/3/2006 at Allahabad. Title - Gulshan Kumar Shondhi Vs. S.M. College Chandausi Coram - Hon'ble Satya Poot Mehrotra,J. 534. Headline Summary - UPFC loan-how to auction, Decree set aside-even then bona fide purchaser to be protected. Judgment/Order - WRIT - C No. 7969 of 1989 Judgment/Order Dated - 23/3/2006 at Allahabad. Title - Jalesh Bhatia And Ors. Vs. U.P.S.C. And Ors. Coram - Hon'ble B.S. Chauhan,J. and Hon'ble Dilip Gupta,J. 535. Headline Summary - transit fee is payable on stone ballast, Khanda and boulder if they cross the forest during transportation Judgment/Order - WRIT - C No. 78955 of 2005 Judgment/Order Dated - 23/3/2006 at Allahabad. Title - Ashok Kumar Anandani And Others Vs. State Of U.P. And Others Coram - Hon'ble R.K. Agrawal,J. and Hon'ble Saroj Bala,J. 536. Headline Summary - Consolidation authorities have jurisdiction to provide chak road,nali etc to an individual tenure holder Judgment/Order - WRIT - B No. 13495 of 1983 Judgment/Order Dated - 22/3/2006 at Allahabad. Title - Asha Ram Misra and others Vs. The Jt. Director of Consoliation and another Coram - Hon'ble Krishna Murari,J. 537. Headline Summary - Writ Petition against IFFCO is not maintainable. Reference answered. Judgment/Order - WRIT - A No. 11910 of 2000 Judgment/Order Dated - 21/3/2006 at Allahabad. Title - Jyoti Kumar Malviya Vs. I.F.F.C.O. Ltd., & others, Phoolpur project, Phoolpur, Allahabad Coram - Hon'ble B.S. Chauhan,J. and Hon'ble Dilip Gupta,J. 538. Headline Summary - UP Act No.13 of 1972- Occupation after July 1976 without allotment order-No regularisation u/s 14- Vacancy rightly deemed. Judgment/Order - WRIT - A No. 5962 of 1991 Judgment/Order Dated - 10/3/2006 at Allahabad. Title - Siraj Ahmad Vs. R.C. Coram - Hon'ble Satya Poot Mehrotra,J. 539. Headline Summary - Quantum of punishment-no interference-W.P. dismissed. Judgment/Order - WRIT - A No. 34609 of 2000 Judgment/Order Dated - 10/3/2006 at Allahabad. Title - Charan Singh Vs. State Of U.P. & Others Coram - Hon'ble Dilip Gupta,J. 540. Headline Summary - Rule 9-A, UP Minor Minerals (Concession) Rules, 1963, having been declared ultra vires, no benefit can be claimed under the lease sanctioned Judgment/Order - WRIT - C No. 5522 of 2006 Judgment/Order Dated - 7/3/2006 at Allahabad. Title - Rajan Nishad And Others Vs. State Of U.P. And Others Coram - Hon'ble R.K. Agrawal,J. and Hon'ble Saroj Bala,J. 541. Headline Summary - Crl.Revision dismissed on merits without hearing revisionist cannot be restored. Judgment/Order - CRIMINAL REVISION No. 1951 of 1998 Judgment/Order Dated - 6/3/2006 at Allahabad. Title - Anand Swaroop & Others Vs. State Of U.P. & Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 542. Headline Summary - Refusal of Regularisation of Daily Wages Employees of Cooperative Banks. Judgment/Order - SPECIAL APPEAL No. 1086 of 2005 Judgment/Order Dated - 3/3/2006 at Allahabad. Title - Vinita Singh & Others Vs. State Of U.P. & Others Coram - Hon'ble Ajoy Nath Ray,J. and Hon'ble Ashok Bhushan,J. 543. Headline Summary - Judgment in the matter of disqualification of BSP MLAs Judgment/Order - MISC. BENCH No. 5085 of 2003 Judgment/Order Dated - 28/2/2006 at Lucknow. Title - Swami Prasad Maurya, M.L.A. Vs. Speaker Legislative Assembly U.P. & 40 Ors. Coram - Hon'ble Ajoy Nath Ray,Chief Justice , Hon'ble Jagdish Bhalla,J. and Hon'ble Pradeep Kant,J. 544. Headline Summary - Levy of royalty on ordinary earth upheld and contractors are liable to pay royalty on ordinary earth Judgment/Order - WRIT - C No. 47754 of 2005 Judgment/Order Dated - 28/2/2006 at Allahabad. Title - M/S J.K. Construction Engineers & Contractor & Others Vs. Union Of India Thru Secy Mines And Mineral And Others Coram - Hon'ble R.K. Agrawal,J. and Hon'ble Saroj Bala,J. 545. Headline Summary - The Court must allow the electoral process to go first and then, if proper, upset the elections, if good grounds can be given Judgment/Order - WRIT - C No. 11393 of 2006 Judgment/Order Dated - 27/2/2006 at Allahabad. Title - Chandra Narayan Tripathi Alias Chandoo Vs. The Registrar, Socieities, Firms and Chits and Others Coram - Hon'ble Ajoy Nath Ray,J. , Hon'ble Ajay Kumar Yog,J. , Hon'ble Yatindra Singh,J. , Hon'ble Sushil Harkauli,J. and Hon'ble Tarun Agarwala,J. 546. Headline Summary - Second Appeal-Admitted-Steps for notices not taken-Second Appeal Dismissed Judgment/Order - SECOND APPEAL No. 227 of 1983 Judgment/Order Dated - 24/2/2006 at Allahabad. Title - Satya Narain Misra Vs. M/S,Sardar Finance Corp. Coram - Hon'ble Satya Poot Mehrotra,J. 547. Headline Summary - Unbroken identity of holding and not of individual plot to be considered to treat it as ancestral Judgment/Order - WRIT - B No. 5788 of 1973 Judgment/Order Dated - 22/2/2006 at Allahabad. Title - Ram Dhari Vs. D.D.C. Coram - Hon'ble Krishna Murari,J. 548. Headline Summary - Second Appeal-Sole plaintiff-appellant dead-Substitition Appln.dismissedu/Ch XII R4-Second Appeal dismissed as abated. Judgment/Order - SECOND APPEAL No. 866 of 1984 Judgment/Order Dated - 20/2/2006 at Allahabad. Title - The Nagar Palika Vs. Vinodi Lal Coram - Hon'ble Satya Poot Mehrotra,J. 549. Headline Summary - Hybrid mode of promotion or Acquiescence -WP dismissed Judgment/Order - WRIT - A No. 39352 of 2003 Judgment/Order Dated - 16/2/2006 at Allahabad. Title - R.K. Pandey Vs. The New India Assurance Company Ltd. And Others Coram - Hon'ble B.S. Chauhan,J. and Hon'ble Dilip Gupta,J. 550. Headline Summary - Serious challenge to jurisdiction, court fee suits maintainability should be decided first. Judgment/Order - FIRST APPEAL FROM ORDER No. 3481 of 2004 Judgment/Order Dated - 15/2/2006 at Allahabad. Title - Arun Kumar Tiwari Vs. Smt. Deepa Sharma & Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Raghunath Kishore Rastogi,J. 551. Headline Summary - Fresh writ for same relief or for execution of order passed in earlier writ not maintainable. Judgment/Order - WRIT - C No. 1407 of 2006 Judgment/Order Dated - 15/2/2006 at Allahabad. Title - Krishna Kumar Vs. State Of U.P. And Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Raghunath Kishore Rastogi,J. 552. Headline Summary - Mining leases granted under R.9A cannot be renewed after FB judgment in 2001(1) SAG 475. Judgment/Order - WRIT - C No. 3501 of 2004 Judgment/Order Dated - 15/2/2006 at Allahabad. Title - Gopal Prasad Gupt Vs. State Of U.P.And Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Raghunath Kishore Rastogi,J. 553. Headline Summary - Entry obtained by fraud expunged exparte proper course is to give post decisional hearing Judgment/Order - WRIT - B No. 26582 of 2003 Judgment/Order Dated - 10/2/2006 at Allahabad. Title - Rakesh & Others Vs. Collector & Others Coram - Hon'ble Krishna Murari,J. 554. Headline Summary - Crl. Trial- Taking of addl. evidence can be allowed in suitablae cases even in appeal Judgment/Order - CRIMINAL REVISION No. 1799 of 1986 Judgment/Order Dated - 10/2/2006 at Allahabad. Title - Mool Chand Vs. State Coram - Hon'ble Raghunath Kishore Rastogi,J. 555. Headline Summary - Crl Trial-Sentence lenient view to be taken considering long gap between date of incident and jt Judgment/Order - CRIMINAL REVISION No. 1281 of 1986 Judgment/Order Dated - 10/2/2006 at Allahabad. Title - Prem Pal Vs. State Of U.P. Coram - Hon'ble Raghunath Kishore Rastogi,J. 556. Headline Summary - Accused has a right to summon relevant evidence at the stage of defence. Judgment/Order - APPLICATION U/s 482 No. 1591 of 2006 Judgment/Order Dated - 10/2/2006 at Allahabad. Title - Manoj Kumar Swami Vs. State Of U.P. Coram - Hon'ble Raghunath Kishore Rastogi,J. 557. Headline Summary - Case U/s 495 I.P.C. cannot proceed on charge sheet- proper procedure to file complaint Judgment/Order - APPLICATION U/s 482 No. 1628 of 2006 Judgment/Order Dated - 10/2/2006 at Allahabad. Title - Ram Swaroop & Another Vs. State Of U.P. & Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 558. Headline Summary - Dismissal order of Bank employee on serious charges is not disproportionate. W.P. Dismissed. Judgment/Order - WRIT - A No. 41321 of 1997 Judgment/Order Dated - 8/2/2006 at Allahabad. Title - Virendra Kumar Bhardwaj Vs. Syndicate Bank Thr. Chairman And M.D. & Others Coram - Hon'ble Dilip Gupta,J. 559. Headline Summary - Crl.Trial-Accused to be summoned relying upon unrebutted prosecution evidence. Judgment/Order - APPLICATION U/s 482 No. 7102 of 2005 Judgment/Order Dated - 8/2/2006 at Allahabad. Title - Suresh Shahi & Another Vs. State Of U.P. & Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 560. Headline Summary - Cr.Trial-Pendency of civil suit no bar to crl. proceedings. Judgment/Order - APPLICATION U/s 482 No. 4390 of 2001 Judgment/Order Dated - 8/2/2006 at Allahabad. Title - Chhedi Lal Kedia & Others Vs. State Of U.P. & Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 561. Headline Summary - Crl. Trial-Cross case to be heard & decided by the same court. Judgment/Order - APPLICATION U/s 482 No. 12679 of 2004 Judgment/Order Dated - 8/2/2006 at Allahabad. Title - Ravi Shankar Vs. State Of U.P. And Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 562. Headline Summary - crl.Trial-Defence evidence not to be summoned at the time of charge. Judgment/Order - APPLICATION U/s 482 No. 9461 of 2005 Judgment/Order Dated - 8/2/2006 at Allahabad. Title - Mahesh Vs. State Of U.P. And Another Coram - Hon'ble Raghunath Kishore Rastogi,J. 563. Headline Summary - Second Appeal filed on 20.12.1985-Tribunal established on 1.11.85 under Administrative Tribunals Act,1985-Second Appeal dismissed as not maintainsble. Judgment/Order - SECOND APPEAL No. 2305 of 1985 Judgment/Order Dated - 7/2/2006 at Allahabad. Title - Union Of India Vs. Dr.Vishwa Veer Coram - Hon'ble Satya Poot Mehrotra,J. 564. Headline Summary - Art.243-T intra vires; S.9-A(5),Municipalities Act ultra vires; Rules 6 & 6-A illegal & invalid Judgment/Order - WRIT - C No. 2247 of 2001 Judgment/Order Dated - 6/2/2006 at Allahabad. Title - Heera Lal Umar And Anr. Vs. State Of U.P. Coram - Hon'ble R.K. Agrawal,J. and Hon'ble Saroj Bala,J. 565. Headline Summary - Post decisional hearing.Petitioner failed to show any defect in impugned orders.No interference Judgment/Order - WRIT - B No. 21300 of 2004 Judgment/Order Dated - 31/1/2006 at Allahabad. Title - Ram Narain Vs. D.M. & Others Coram - Hon'ble Krishna Murari,J. 566. Headline Summary - Illegality at stage of Sec. 8 & 8A Provisional Consolidation Scheme rightly directed to be reframed Judgment/Order - WRIT - B No. 15985 of 2000 Judgment/Order Dated - 27/1/2006 at Allahabad. Title - Sundar Lal And Another Vs. D.D.C. And Others Coram - Hon'ble Krishna Murari,J. 567. Headline Summary - UP Trade Tax Act S.29 Refund. No specific order for refund is required. Judgment/Order - WRIT TAX No. 1615 of 2002 Judgment/Order Dated - 19/1/2006 at Allahabad. Title - M/S Reva Enviro Systems P. Ltd., Bareilly Vs. State Of U.P. & Others Coram - Hon'ble Ajay Kumar Yog,J. and Hon'ble Prakash Krishna,J. 568. Headline Summary - Second Appeal- compromise verified by the Court- decided in terms of compromise. Judgment/Order - SECOND APPEAL No. 3330 of 1982 Judgment/Order Dated - 18/1/2006 at Allahabad. Title - Noor Ahmad Vs. Iftikaruddin Coram - Hon'ble Satya Poot Mehrotra,J. 569. Headline Summary - Dealer having opted for composition cannot resile from liability for no turnover. Judgment/Order - WRIT TAX No. 252 of 1994 Judgment/Order Dated - 13/1/2006 at Allahabad. Title - M/S Bhadauria Gram Sewa Sansthan Vs. Asstt. Commissioner Sales Tax Allahabad & Others Coram - Hon'ble R.K. Agrawal,J. , Hon'ble Prakash Krishna,J. and Hon'ble Kailash Nath Ojha,J. 570. Headline Summary - Appointment on the basis of false caste certificate is void. Petition dismissed. Judgment/Order - WRIT - A No. 29283 of 1994 Judgment/Order Dated - 12/1/2006 at Allahabad. Title - B.S. Negi Vs. General Manager Syndicate Bank And Others Coram - Hon'ble B.S. Chauhan,J. and Hon'ble Dilip Gupta,J. 571. Headline Summary - Parties to dispute agree to abide by statement of witness.Decision on such statement.No illegality Judgment/Order - WRIT - B No. 2330 of 1974 Judgment/Order Dated - 10/1/2006 at Allahabad. Title - Mst. Maharaji Vs. A.D.C. & Ors Coram - Hon'ble Krishna Murari,J. 572. Headline Summary - Second Appeal -sole plaintiff-appellant died. No Substitution Application filed. Second Appeal stands dismised as abated. Judgment/Order - SECOND APPEAL No. 122 of 1981 Judgment/Order Dated - 9/1/2006 at Allahabad. Title - Bundeo Devi Vs. Raj Bahadur Coram - Hon'ble Satya Poot Mehrotra,J. 573. Headline Summary - UPCH Act - S. 42 - Direct revision against order of ACO & CO is maintainable before the DDC Judgment/Order - WRIT - B No. 1056 of 2002 Judgment/Order Dated - 6/1/2006 at Allahabad. Title - Faujdar Vs. The D.D.C., Azamgarh And Others Coram - Hon'ble Ajay Kumar Yog,J. and Hon'ble Prakash Krishna,J. 574. Headline Summary - The last drawn pay of the persons acquiring disability during service has to be protected. Judgment/Order - WRIT - A No. 2229 of 2004 Judgment/Order Dated - 4/1/2006 at Allahabad. Title - Union Of India And Others Vs. Mohd. Mobin Khan And Another Coram - Hon'ble B.S. Chauhan,J. and Hon'ble Dilip Gupta,J. 575. Headline Summary - 50% Mohammadan quota for the P.G. Medical Courses in AMU is unconstitutional and impermissible. Judgment/Order - SPECIAL APPEAL No. 1321 of 2005 Judgment/Order Dated - 22/12/2005 at Allahabad. Title - Aligarh Muslim University, Aligarh Through Its V.C. Vs. Malay Shukla & Others Coram - Hon'ble Ajoy Nath Ray,J. and Hon'ble Ashok Bhushan,J. 576. Headline Summary - U.P. Urban Local Self Government Laws (Amendment) Act, 2005 is a valid piece of legislation Judgment/Order - WRIT - C No. 73095 of 2005 Judgment/Order Dated - 22/12/2005 at Allahabad. Title - Anugrah Narain Singh Vs. State Of U.P. And Others Coram - Hon'ble R.K. Agrawal,J. and Hon'ble Saroj Bala,J. 577. Headline Summary - Change in constitution of the firm under Income Tax Act explained Ref. answered in favour of Revenue Judgment/Order - INCOME TAX REFERENCE No. 143 of 1991 Judgment/Order Dated - 16/12/2005 at Allahabad. Title - C.I.T. Vs. M/S S.M.S. Nath Coram - Hon'ble Ajay Kumar Yog,J. and Hon'ble Dilip Gupta,J. 578. Headline Summary - Long standing entry in the revenue record without possession does not confir any right by estopple Judgment/Order - WRIT - B No. 589 of 1977 Judgment/Order Dated - 15/12/2005 at Allahabad. Title - Acchaibar And Ors. Vs. D.D.C. And Ors. Coram - Hon'ble Krishna Murari,J. 579. Headline Summary - Appointment not in accordance with Sec. 18 of the Secondary Education Board Act- bad- WP- dismissed Judgment/Order - WRIT - A No. 15991 of 1999 Judgment/Order Dated - 2/12/2005 at Allahabad. Title - Manvendra Pratap Singh Vs. State Of U.P. & Others Coram - Hon'ble Dilip Gupta,J. 580. Headline Summary - Higher authorities to accept recommendation of B.M.-unless any material to the contrary Judgment/Order - WRIT - A No. 45630 of 2003 Judgment/Order Dated - 1/12/2005 at Allahabad. Title - Mahendra Kumar Gupta Vs. The General Manager (Pension Deptt). Central Bank Of India Coram - Hon'ble Vikram Nath,J. 581. Headline Summary - Rent can be enhanced for the period stay order has been enjoyed by the tenant Judgment/Order - WRIT - A No. 14263 of 1983 Judgment/Order Dated - 1/12/2005 at Allahabad. Title - Jhanjhi Ram Vs. Iv Adj And Others Coram - Hon'ble Vikram Nath,J. 582. Headline Summary - Firearms licence holder to deposit arms upon suspension of licence. Reference answered. Judgment/Order - WRIT - C No. 34348 of 2003 Judgment/Order Dated - 1/12/2005 at Allahabad. Title - Shafat Khan Vs. State Of U.P. & Others Coram - Hon'ble B.S. Chauhan,J. and Hon'ble Dilip Gupta,J. 583. Headline Summary - Monthly deposit of rent under Order XV Rule 5 CPC in same Court where suit is filed.Ref. answered Judgment/Order - WRIT - A No. 43734 of 2001 Judgment/Order Dated - 30/11/2005 at Allahabad. Title - Haider Abbas Vs. Addl. District Judge, Allahabad & Others Coram - Hon'ble B.S. Chauhan,J. and Hon'ble Dilip Gupta,J. 584. Headline Summary - Mosquito Mats are insecticides for the purposes of imposing tax. Writ Petition allowed. Judgment/Order - WRIT TAX No. 1214 of 2005 Judgment/Order Dated - 25/11/2005 at Allahabad. Title - M/S Knight Queen Industries (P) Ltd Vs. State Of U.P. Thru' Institutional Finance Secy. & Others Coram - Hon'ble Ajay Kumar Yog,J. and Hon'ble Dilip Gupta,J. 585. Headline Summary - Teacher not possessing qualification on date of occurence of vacancy-not eligible for promotion. Judgment/Order - SPECIAL APPEAL No. 1044 of 1997 Judgment/Order Dated - 22/11/2005 at Allahabad. Title - Iqramul Haq Vs. Mohd. Sabir & Others Coram - Hon'ble Syed Rafat Alam,J. and Hon'ble Vikram Nath,J. 586. Headline Summary - Temporary employee-no right to post order not stigmatic Judgment/Order - WRIT - A No. 29812 of 1997 Judgment/Order Dated - 21/11/2005 at Allahabad. Title - Rohit Kumar Vs. Mukhya Nagar Adhikari & Others Coram - Hon'ble Dilip Gupta,J. 587. Headline Summary - Reservation judgement dated 5.10.2005 partly stayed in Special Appeal Judgment/Order - SPECIAL APPEAL No. 1308 of 2005 Judgment/Order Dated - 10/11/2005 at Allahabad. Title - State Of U.P. & Others Vs. Hari Ram Yadav Coram - Hon'ble Syed Rafat Alam,J. and Hon'ble Sudhir Agarwal,J. 588. Headline Summary - UP PCS(J) Exam 2003 - Partly quashed Judgment/Order - WRIT - A No. 40058 of 2005 Judgment/Order Dated - 21/10/2005 at Allahabad. Title - Dinesh Pratap Singh And Others Vs. State Of U.P. And Others Coram - Hon'ble Sushil Harkauli,J. and Hon'ble Ganga Prasad Srivastava,J. 589. Headline Summary - Land Acquisition Act- 25% deduction from compensation for development of acquired land Judgment/Order - FIRST APPEAL No. 862 of 1989 Judgment/Order Dated - 18/10/2005 at Allahabad. Title - K.U.M.S. Vs. Bishan Dass & Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Raghunath Kishore Rastogi,J. 590. Headline Summary - Independent feeder consumer - liable 15% surcharge in case of use during restrictive hours Judgment/Order - FIRST APPEAL FROM ORDER No. 486 of 2005 Judgment/Order Dated - 18/10/2005 at Allahabad. Title - M/S Northern Coalfields Ltd Vs. Chairman & M.D., U.P.C.L. & Another Coram - Hon'ble Yatindra Singh,J. and Hon'ble Raghunath Kishore Rastogi,J. 591. Headline Summary - Candidate claiming reserved category can not be considered in the general category Judgment/Order - WRIT - A No. 42041 of 2000 Judgment/Order Dated - 5/10/2005 at Allahabad. Title - Hari Ram Yadav Vs. State of U.P. & Others Coram - Hon'ble Sunil Ambwani,J. 592. Headline Summary - Judicial review of order fresh allotment of plots by Committee enquiry by CBI Judgment/Order - WRIT - C No. 48287 of 2005 Judgment/Order Dated - 4/10/2005 at Allahabad. Title - Deepak Sharma Vs. State Of U.P. And Others Coram - Hon'ble B.S. Chauhan,J. and Hon'ble Dilip Gupta,J. 593. Headline Summary - Reservation on the basis of religion for Muslims in AMU - quashed Judgment/Order - WRIT - C No. 15504 of 2005 Judgment/Order Dated - 4/10/2005 at Allahabad. Title - Dr. Naresh Agarwal Vs. Union Of India Thru' Secy. Ministry Of Human & Others Coram - Hon'ble Arun Tandon,J. 594. Headline Summary - Contempt of Courts Act, 1971-no contempt- Petition barred under Sec 20 Judgment/Order - CONTEMPT APPLICATION (CIVIL) No. 2791 of 2005 Judgment/Order Dated - 7/9/2005 at Allahabad. Title - Balwant Vidyapeeth Rural Institute Thru' Its Principal Vs. Shri Dev Raj Singh Coram - Hon'ble Satya Poot Mehrotra,J. 595. Headline Summary - Negligence -MACP claim passenger shifted from one Bus to another Bus Judgment/Order - FIRST APPEAL FROM ORDER No. 24 of 1977 Judgment/Order Dated - 31/8/2005 at Allahabad. Title - U.P.State Road Transport Corporation Vs. Smt. Rani Srivastava and others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Raghunath Kishore Rastogi,J. 596. Headline Summary - Writ against CBSE maintainable but not against the schools affiliated to CBSE Judgment/Order - WRIT - A No. 28103 of 2000 Judgment/Order Dated - 30/8/2005 at Allahabad. Title - M.K. Gandhi & Others Vs. Director Of Education Lko.& Others Coram - Hon'ble Yatindra Singh,J. , Hon'ble Sunil Ambwani,J. and Hon'ble Devendra Pratap Singh,J. 597. Headline Summary - HM Act S 9-Plaintiff failed to produce best evidence to prove marriage - adverse inference drawn Judgment/Order - FIRST APPEAL FROM ORDER No. 522 of 1998 Judgment/Order Dated - 12/8/2005 at Allahabad. Title - Smt.Surekha and another Vs. Jitendra alias Deshpal Coram - Hon'ble Yatindra Singh,J. and Hon'ble Raghunath Kishore Rastogi,J. 598. Headline Summary - Distance learning Centres can be established in accordance with Act/Statutes Judgment/Order - WRIT - C No. 47825 of 2005 Judgment/Order Dated - 25/7/2005 at Allahabad. Title - Allahabad College Of Engineering & Management & Others Vs. His Excellency The Chancellor M.J.P. Rohilkhand Univ. Coram - Hon'ble B.S. Chauhan,J. and Hon'ble Dilip Gupta,J. 599. Headline Summary - Indian Succession Act, 1925-Testamentary Case-Non-contentious matter-allowed Judgment/Order - TESTAMENTARY CASES No. 9 of 2004 Judgment/Order Dated - 20/7/2005 at Allahabad. Title - In The Matter Of Late Sukh Ram : Rama Shankar Vs. ** Coram - Hon'ble Satya Poot Mehrotra,J. 600. Headline Summary - Reservation- applies to the cadre and not to the vacancies Judgment/Order - WRIT - A No. 473 of 2001 Judgment/Order Dated - 26/5/2005 at Allahabad. Title - Shridhar Dwivedi Vs. State Of U.P. & Others Coram - Hon'ble Vikram Nath,J. 601. Headline Summary - Parole of Udai Bhan Singh MLA stayed - EC to inform disqualification development Judgment/Order - WRIT - C No. 11529 of 2005 Judgment/Order Dated - 4/4/2005 at Allahabad. Title - Sarvesh Narain Shukla Vs. State Of U.P. Thru' Principal Secy. & Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Raghunath Kishore Rastogi,J. 602. Headline Summary - Legitimate expectation-judicial review of policy Judgment/Order - WRIT - C No. 475 of 2005 Judgment/Order Dated - 23/3/2005 at Allahabad. Title - A.H. Wheeler & Co. Pvt. Ltd. Vs. Union Of India & Others Coram - Hon'ble B.S. Chauhan,J. and Hon'ble Dilip Gupta,J. 603. Headline Summary - Guidelines for appointment of Administrator in Cooperative Socities - laid down Judgment/Order - WRIT - C No. 38022 of 2004 Judgment/Order Dated - 17/3/2005 at Allahabad. Title - C/M Distt. Coop. Bank Ltd. Thru' Chairman & Anr. Vs. State Of U.P. Thru' Secy. (Coop.) & Ors. Coram - Hon'ble Yatindra Singh,J. and Hon'ble Raghunath Kishore Rastogi,J. 604. Headline Summary - Contempt Petn.-filedin Sept.1995-No order for issuance of notice to o.ps.-Contempt Petn.dismissed as infructuous. Judgment/Order - CONTEMPT APPLICATION (CIVIL) No. 1310 of 1995 Judgment/Order Dated - 7/2/2005 at Allahabad. Title - Mahadeo Ram And Others Vs. Sri Nagendra Rai, Secretary Distt. Sahkari Fed. And Others Coram - Hon'ble Satya Poot Mehrotra,J. 605. Headline Summary - Contempt Petition- on the ground of violation of interim order-writ petition dismissed as infructuous- contempt petition too dismissed as infructuous Judgment/Order - CONTEMPT APPLICATION (CIVIL) No. 931 of 1995 Judgment/Order Dated - 2/2/2005 at Allahabad. Title - Banshi Lal Chaddha And Another Vs. Anil Prakash Coram - Hon'ble Satya Poot Mehrotra,J. 606. Headline Summary - Notice for no confidence motion - not on prescribed proforma - not illegal Judgment/Order - WRIT - C No. 52945 of 2004 Judgment/Order Dated - 2/2/2005 at Allahabad. Title - Smt. Krishna Jaiswal Vs. State Of U.P. Thru' Secy. Panchayat Raj & Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Vijai Shankar Bajpai,J. 607. Headline Summary - Contempt Petn.-Notice issued in 1994 to o.p.No.1-Not received back.Contempt Petn. dismissed as infructuous. Judgment/Order - CONTEMPT APPLICATION (CIVIL) No. 786 of 1994 Judgment/Order Dated - 3/1/2005 at Allahabad. Title - Vikramaditya Chauhan Vs. Smt. Ram Lal Singh And Another Coram - Hon'ble Satya Poot Mehrotra,J. 608. Headline Summary - Contempt Petn. -violationg of interim order in writ -stay vacation pending of writ sent to Uttran.H.C.- Contempt Petn. dismissed as infructuous. Judgment/Order - CONTEMPT APPLICATION (CIVIL) No. 818 of 1995 Judgment/Order Dated - 3/1/2005 at Allahabad. Title - Bahadur Singh And Another Vs. P.K. Dobhal & Others Coram - Hon'ble Satya Poot Mehrotra,J. 609. Headline Summary - Contempt Petition dismissed as infructuous by lapse of time. Judgment/Order - CONTEMPT APPLICATION (CIVIL) No. 162 of 1995 Judgment/Order Dated - 14/12/2004 at Allahabad. Title - Jai Ram Singh Gaur Vs. Km. Champa Mishra Coram - Hon'ble Satya Poot Mehrotra,J. 610. Headline Summary - Contempt Petn.-Reward of writ transferred to Uttranachal H.C.-Contempt Petition dismissed as infurctuous. Judgment/Order - CONTEMPT APPLICATION (CIVIL) No. 234 of 1994 Judgment/Order Dated - 14/12/2004 at Allahabad. Title - U.P. Sinchai Karmcheri Pragetisheel Awam Vikas Sangh Vs. Brijendra Bihari Mathur Coram - Hon'ble Satya Poot Mehrotra,J. 611. Headline Summary - Contempt Petn.-nature of controversy-continued absence of counsel for petitioner-applicant-Contempt Petn.dismissed as infructuous by lapse of time. Judgment/Order - CONTEMPT APPLICATION (CIVIL) No. 2177 of 1994 Judgment/Order Dated - 14/12/2004 at Allahabad. Title - Dinesh Behari Mathur Vs. Sri Brijendra Sahai & Another Coram - Hon'ble Satya Poot Mehrotra,J. 612. Headline Summary - Contempt Petn.-continued absence of learned counsel for parties-Contempt Petn.dismissed as infructuous by lapse of time. Judgment/Order - CONTEMPT APPLICATION (CIVIL) No. 1615 of 1995 Judgment/Order Dated - 14/12/2004 at Allahabad. Title - Raj Dev Vs. Rk Tyagi Coram - Hon'ble Satya Poot Mehrotra,J. 613. Headline Summary - Senior most teacher not entitle to continue as officiating principle in case of inquiry against him Judgment/Order - WRIT - A No. 45215 of 2004 Judgment/Order Dated - 30/11/2004 at Allahabad. Title - Dr. Birendra Singh Vs. Director Of Education Higher And Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Vijai Shankar Bajpai,J. 614. Headline Summary - Contempt Petn.-Filed in May,1995-Contempt Petn dismissed as infractuous. Judgment/Order - CONTEMPT APPLICATION (CIVIL) No. 832 of 1995 Judgment/Order Dated - 18/11/2004 at Allahabad. Title - Abul Owaiss Vs. S.N. Dubey & Others Coram - Hon'ble Satya Poot Mehrotra,J. 615. Headline Summary - Contempt Petn.-Notice to engage another counsel-Returned with Report-Contempt Petn.dismissed for want of prosecution. Judgment/Order - CONTEMPT APPLICATION (CIVIL) No. 77 of 1995 Judgment/Order Dated - 18/11/2004 at Allahabad. Title - Amar Nath Pal Vs. Sri Udai Pal Singh And Another Coram - Hon'ble Satya Poot Mehrotra,J. 616. Headline Summary - State advised price of sugar cane for crushing season 2003-04 is valid Judgment/Order - WRIT - C No. 26291 of 2004 Judgment/Order Dated - 7/10/2004 at Allahabad. Title - West U.P. Sugar Mills Association Thru' Secy. & Ors. Vs. State Of U.P. Thru' Secy. Sugar Industry & Ors. Coram - Hon'ble Yatindra Singh,J. and Hon'ble Vijai Shankar Bajpai,J. 617. Headline Summary - Important question regarding right to information raised Judgment/Order - WRIT - C No. 31588 of 2004 Judgment/Order Dated - 26/8/2004 at Allahabad. Title - Peoples Union for Ciil Liberties, UP Branch Vs. Election Commission of India and others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Vijai Shankar Bajpai,J. 618. Headline Summary - Contempt Petn.-Nature of controversy -compliance report-Contempt Petn.dismissed as infructuous. Judgment/Order - CONTEMPT APPLICATION (CIVIL) No. 1306 of 2004 Judgment/Order Dated - 18/8/2004 at Allahabad. Title - Amol Singh Vs. Sri N.S. Pandey, Incharge Commissioner Of Nagar Nigam & Ano Coram - Hon'ble Satya Poot Mehrotra,J. 619. Headline Summary - Wife gang raped - husband not entitled to divorce Judgment/Order - FIRST APPEAL No. 1084 of 2003 Judgment/Order Dated - 5/8/2004 at Allahabad. Title - Rajesh Kumar Singh Vs. Smt. Rekha Singh & Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Vijai Shankar Bajpai,J. 620. Headline Summary - Contempt Petn.-filed in Feb.1994-No order passed for issuance of notices--Section 20 Contempt of Courts Act,1971 also barred-Contempt Petn. dismissed. Judgment/Order - CONTEMPT APPLICATION (CIVIL) No. 232 of 1994 Judgment/Order Dated - 1/4/2004 at Allahabad. Title - Prem Navain Gupta Vs. R.K. Khanna & Others Coram - Hon'ble Satya Poot Mehrotra,J. 621. Headline Summary - Contempt Petition-Order complied with-Delay neither wilful nor deliberate-show cause notice discharged-Petition disposed of. Judgment/Order - CONTEMPT APPLICATION (CIVIL) No. 1171 of 1993 Judgment/Order Dated - 1/3/2004 at Allahabad. Title - M.Ahmad Vs. H.K.Tiwari Coram - Hon'ble Satya Poot Mehrotra,J. 622. Headline Summary - Contempt Petition-Order complied with-Delay neither wilfuil nor deliberate-show cause notice discharged-Contempt Petition stands disposed of. Judgment/Order - CONTEMPT APPLICATION (CIVIL) No. 918 of 1993 Judgment/Order Dated - 24/2/2004 at Allahabad. Title - C/M.J.I.Collage Vs. Karnail Singh Coram - Hon'ble Satya Poot Mehrotra,J. 623. Headline Summary - Contempt Petition-Order complied with-No contempt-show cause notices discharged. Judgment/Order - CONTEMPT APPLICATION (CIVIL) No. 751 of 1993 Judgment/Order Dated - 5/2/2004 at Allahabad. Title - P.N.Singh Vs. B.K.Nair & Others Coram - Hon'ble Satya Poot Mehrotra,J. 624. Headline Summary - Khudkast land submerged in river on the date of vesting - No right under Zamindari Abolition Act Judgment/Order - WRIT - B No. 1893 of 1973 Judgment/Order Dated - 7/1/2004 at Allahabad. Title - Mohiuddin Vs. B.R. Coram - Hon'ble Yatindra Singh,J. 625. Headline Summary - Appointment on long leave of more than 10 months - only Commission can appoint Judgment/Order - WRIT - A No. 42414 of 2002 Judgment/Order Dated - 15/9/2003 at Allahabad. Title - Dr. Prakash Chandra Kamboj Vs. C/M, Bareilly College, Bareilly & Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Mukteshwar Prasad,J. 626. Headline Summary - Circumstances - when compromise decree inexcutable Judgment/Order - WRIT - C No. 990 of 2000 Judgment/Order Dated - 23/5/2003 at Allahabad. Title - Brij Mohan Kapoor Vs. Xvi Adj Meerut & Others Coram - Hon'ble Yatindra Singh,J. and Hon'ble Mukteshwar Prasad,J. 627. Headline Summary - Exclusive property - when can be divided u/s 27 of the Hindu Marriage Act Judgment/Order - FIRST APPEAL No. 582 of 1998 Judgment/Order Dated - 14/5/2003 at Allahabad. Title - Sri Hemant Kumar Agrahari & Another Vs. Smt. Lakshmi Devi & Another Coram - Hon'ble Yatindra Singh,J. and Hon'ble Mukteshwar Prasad,J. 628. Headline Summary - The decision of arbitrator regarding excepted matter - not final Judgment/Order - FIRST APPEAL FROM ORDER No. 40 of 1993 Judgment/Order Dated - 29/4/2003 at Allahabad. Title - Union Of India & Another Vs. M/S Madnani Construction Corp. P. Ltd. & Another Coram - Hon'ble Yatindra Singh,J. 629. Headline Summary - UP Act No.13 of 1972-Section (2)(1)(bbb)-Waqf Property not recorded in the Municipal record Judgment/Order - WRIT - A No. 1549 of 2003 Judgment/Order Dated - 27/1/2003 at Allahabad. Title - Mohd. Sabir (Since Deceased) & Others Vs. Mohd. Irshad & Others Coram - Hon'ble Satya Poot Mehrotra,J. 630. Headline Summary - Writ petition can be decided on the basis of compromise Judgment/Order - SECOND APPEAL No. 1271 of 2000 Judgment/Order Dated - 14/5/2002 at Allahabad. Title - Surendra Nath Rai And Another Vs. Prahlad Singh And Others Coram - Hon'ble Yatindra Singh,J. 631. Headline Summary - Principles of Good management and good Administration - discussed Judgment/Order - WRIT - A No. 16879 of 1999 Judgment/Order Dated - 5/2/2001 at Allahabad. Title - Net Singh Vs. Labour Secy., U.P. Shasan Lko. & Others Coram - Hon'ble Yatindra Singh,J. 632. Headline Summary - Delay caused prejudice - Industrial dispute can not be raised Judgment/Order - WRIT - C No. 14464 of 1992 Judgment/Order Dated - 25/8/1999 at Allahabad. Title - Mewa Lal Vs. State Of U.P. & Others Coram - Hon'ble Yatindra Singh,J. 633. Headline Summary - Stamp duty - on value on the date of execution of the deed and not on the date of the decree Judgment/Order - WRIT - C No. 3435 of 1990 Judgment/Order Dated - 27/5/1999 at Allahabad. Title - Smt. Har Pyari Vs. D.R. Coram - Hon'ble Binod Kumar Roy,J. and Hon'ble Yatindra Singh,J. 634. Headline Summary - Death in police custody - State to prove that it is not negligent Judgment/Order - WRIT - C No. 1016 of 1995 Judgment/Order Dated - 27/5/1999 at Allahabad. Title - Smt.Shahin Khan & Another Vs. 3rd A.D.J.,Kanpur Nagar & Others Coram - Hon'ble Binod Kumar Roy,J. and Hon'ble Yatindra Singh,J.