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Judgment Search Results Home > Cases Phrase: the right to information act 2005 Court: allahabad Year: 2012 Page 1 of about 34 results (0.026 seconds)

Sep 13 2012 (HC)

Suryajeet Rajbhar Vs. State of U.P.

Court : Allahabad

Decided on : Sep-13-2012

..... list of denotified tribes which has been appended along with the supplementary affidavit together with a questionnaire giving answers under the right to information act dated 12th february, 2008 from the indian institute of technology, roorki to substantiate the submissions. under the said information given by the iit, roorki, learned counsel submits that the said institution has been extending the benefit for admission to ..... this regard. sri mukerjee has advanced his submissions by citing the first decision given by this court in the case of vijay prakash vs. state of u.p. and another 2005 volume (1) awc page 811 to contend that inclusion of a schedule tribe is dependent upon a presidential notification to be issued in terms of articles 341 and 342 of ..... upheld by a division bench in a special appeal filed against the aforesaid judgment of the learned single judge reported in vijay prakash vs. state of u.p. and another 2005 awc (5) page 4298 where it has been further held that in the event if the court attempts to include the said denotified tribe in the list of scheduled tribes ..... , the same would be infringing upon the rights of the scheduled tribes by decreasing their quota proportionately which is impermissible and can only be done by taking recourse to articles 341 and 342 of the constitution of india .....

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Sep 14 2012 (HC)

Rajendra Kumar Sharma Vs. State Of U.P. Thru' Principal Secretary Educ ...

Court : Allahabad

Decided on : Sep-14-2012

..... given to the petitioner in accordance with chapter iii regulation 37. when the termination letter was served and the necessary information was sought then the basic district education officer, gautam budh nagar supplied documents including the inquiry report dated 7.10.2005. 5. learned standing counsel opposed the aforesaid prayer on the ground that in view of the g.o. dated 24 ..... school, the state government stops payment of the amount of maintenance grant which was being paid to the basic school, can the recognised high school claim as a matter of right that the said amount has become automatically payable to it. the answer, in the absence of any specific provision permitting such automatic formation, so to speak till, in our opinion ..... that of intermediate college in the year 1999. it is undisputed that upon being upgraded as a high school, the institution has been recognised as such under the provisions of act, 1921. this undisputed position, therefore, clearly establishes that the institution ceases to be a junior high school and for the purposes of appointment of head of the institution, the appointment ..... may be. the institution will be governed by the provisions applicable to the high school and intermediate college. hence the provisions of u.p. intermediate education act, 1921 and the other provisions including act of 1971, act no.5 of 1982 and rules and regulation framed there under will be applicable. 10. in view of the aforestated discussion it is clear that appointment .....

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Apr 06 2012 (HC)

Rajju Pathak @ Raj Kumar Vs. State of U.P.

Court : Allahabad

Decided on : Apr-06-2012

..... as exhibit ka-9. 14. h.c. virendra singh pw-6 has been examined by the prosecution to prove chik fir as exhibit-11 and g.d. entry thereof exhibit ka-12 and chik fir under section 25 arms act as exhibit ka- 13 and g.d. entry thereof ka-14. 15. sri r.b. shukla, pw-7, ..... vide impugned judgment and order giving benefit of doubt. 2. according to the first information report lodged by kishun dutt tiwari, on 13.3.2005 at 5:30 p.m., the facts of the prosecution case are that the first informant kishun dutt tiwari aged about 55 years was sitting inside his house and was talking ..... side of forehead, 2cm above from left eyebrow, marginal abrasion present and scorching all around the wound was found, blood was oozing and palpable pellet was on right side of forehead. x-ray was advised and injury was kept under observation. 11. according to the evidence of the doctor, the said injury was likely to ..... his tamancha at the injured without repeating the same and only one firearm injury in the forehead was caused. the appellant is in jail since 29.3.2005 namely for more than seven years in this case. the sentence awarded to the appellant should in the interest of justice as per the learned counsel ..... for the state. i have carefully gone through the evidence available on record. 19. it appears from the report of the forensic science laboratory dated 16.5.2005 which is exhibit ka-18 that the weapon of offence namely .315 bore tamancha with two live cartridges in one sealed bundle and one empty cartridge of .....

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Sep 17 2012 (HC)

Anis Vs. State of Up

Court : Allahabad

Decided on : Sep-17-2012

..... signatures on the affidavit by men of the accused persons. it was not mandatory for the prosecution to examine all the eyewitnesses named in the first information report. the court is further required to see the quality of evidence adduced by the prosecution and not the quantity. 9. the next contention of ..... the said eyewitnesses are not trustworthy and reliable and their evidences at the trial should not have been acted upon. the first information report of the incident was lodged within one hour thereof by the first informant fateh chand pw-2, who was a clerk in the collectorate court at muzaffarnagar at the relevant time ..... on the same road on his cycle when he saw the incident. the apex court has held in thangaiya v. state of t.n. (air 2005 sc 1142: 2005 air scw 76) (supra) that if a murder is committed in a street, only passers-by will be witnesses and their evidence cannot be brushed ..... blackening and tattooing not present. direction was forward and medially. (viii) gun shot wound of entry 3/4'' x 3/4'' x muscle deep on the right side back lower part. illiac crest 5'' lateral to mid line. four metallic pellets and one wadding recovered from the wound. blackening present. margins lacerated and inverted ..... aside or viewed with suspicion on the ground that they were mere chance witnesses. moreover, pw-2 has been named in the fir as one of .....

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Nov 22 2012 (HC)

Todar Singh Vs. State of U.P. and Others

Court : Allahabad

Decided on : Nov-22-2012

..... that the documents relating to the adverse entries were not considered. in this regard, the petitioner moved an application under the right to information act, in which the petitioner was informed that the said documents were not available on the record. armed with this information, the learned counsel for the petitioner submitted that the relevant documents were not before the screening committee and, consequently, the .....

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Oct 05 2012 (HC)

Kamlesh Dubey and Others Vs. State of Uttar Pradesh

Court : Allahabad

Decided on : Oct-05-2012

..... infuriated that he, uttering the words that he is going finished the dispute then and there, shot devesh mishra (injured/deceased) on his right side head from his country made pistol. when informant/pw1, tried to save his injured brother, when he was about to fell down, he too was shot at by neeraj mishra (a ..... thus unless something specific is brought forth which may unambiguously point out presence of those accused who had not participated in the crime at all with no overt act, it will be dangerous hold them guilty merely on ipse dixit by a solitary, partisan, inimical and related witness. we do not mean to say active ..... would cause fatal injuries to the deceased, though the appellant must have anticipated that pohla would cause injuries to sanjay. in the present case, no overt act is attributed to the appellant so far as the deceased is concerned. mere fact that the appellant was armed with a lathi by itself would not prove ..... one or more of the common objects, as specified in section 141. it cannot be laid down as a general proposition of law that unless an overt act is proved against a person, who is alleged to be a member of unlawful assembly, it cannot be said that he is a member of an assembly ..... . the only thing required is that he should have understood that the assembly was unlawful and was likely to commit any of the acts which fall within the purview of section 141. the word 'object' means the purpose or design and, in order to make it 'common', it must .....

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Aug 23 2012 (HC)

Gulab Yadav Vs. State of U P

Court : Allahabad

Decided on : Aug-23-2012

..... as under:- "27. in view of the settled legal position as above, we hold that a person who is named in the first information report or complaint with the allegation that he/she has committed any particular crime or offence, but against whom the police does not launch prosecution ..... statements recorded under sections 161 cr.p.c. it has been further contended that during the course of trial, statements of p.w.1 (the informant) and p.w.2 (the uncle of the deceased) were recorded and in their statements they clearly alleged that all the seven accused persons, ..... time to file counter affidavit, as the same would only cause delay in the proceedings. 2. by this revision, the revisionist, who is the informant and the father of the deceased (vibha), has challenged the order dated 04.07.2012 passed by the additional district and sessions judge/special judge, ..... with respect to harassment of the deceased for demand of dowry. pursuant to the first information report, the police carried out investigation and laid ..... usha (jethani) and madhulika (nanand). this first information report was registered as case crime no.10 of 2008, under sections 498a and 304-b i.p.c. and sections 3/4 of d.p. act at police station chakarghatta, district chandauli. in this first information report, allegations were made against all the accused persons .....

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Oct 12 2012 (HC)

Girish Gupta and Another Vs. State of U.P.

Court : Allahabad

Decided on : Oct-12-2012

..... active role and helped the family members of the victim girl in lodging thereof. 5. since the deceased actively participated in the act of lodging the first information report of the rape case and pursued the matter of rape, which was disliked by the accused girish gupta and his nephew virendra ..... a relevant consideration. 58. sri satish trivedi, learned senior counsel arguing for the appellant ashok alias chhuttoo highlighted the facts narrated in the first information report and evidences given by the eyewitnesses. sri trivedi has contended that the appellant ashok alias chhuttoo was resident of bharat gali. tara chand, ..... appellant virendra gupta son of rameshwar dayal and others have been convicted and sentenced in the rape case by the court of session. the first information report of the rape case was lodged by master har swaroop sharma, father of the victim girl km. madhu sharma against the appellant virendra kumar ..... any delay and investigation was also conducted promptly, effectively and impartially. constable parmanand pw-13 was also examined by the prosecution to prove chik fir and g.d. entry of the rape case. 19. in the statement recorded under section 313 cr.p.c., the accused persons denied ..... the deceased being social worker took up the matter and ran from pillar to post then the first information report of the incident of the rape was lodged on 12.3.1981. this act of the deceased jagdish prasad was disliked by the accused persons. 29. according to the testimony of mukat .....

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Oct 11 2012 (HC)

Mohan Srivastava Vs. State of U.P

Court : Allahabad

Decided on : Oct-11-2012

..... 2.1.2008 by the complainant before his bankers canara bank, bulandshahr, which was dishonoured by the concerned bank on 7.1.2008. an information to that effect was received by the complainant from his aforesaid bankers canara bank, bulandshahr on 14.1.2008. thereafter on 28.1.2008, ..... matter since the cheque was presented by the complainant before his bankers canara bank, bulandshahr, which was dishonoured by the concerned bank and an information to that effect was received by the complainant from his aforesaid bankers canara bank, bulandshahr. thereafter legal notice demanding payment of cheque amount was ..... ( wrongly typed as 2.2.2008 in the complaint ) for clearance and after dishonour of the said cheque by the concerned bank, an information to that effect was also given to opposite party no.2 by his bankers, canara bank, bulandshahr. it is also submitted that the legal notice ..... clearance before his bankers, canara bank, bulandshahr on 2.2.2008, which was dishonoured by the concerned bank on 7.1.2008. an information to that effect was received by the opposite party no.2 from his aforesaid bankers canara bank, bulandshahr on 14.1.2008. according to ..... 2008 before the learned chief judicial magistrate, bulandshahr. hence all the necessary ingredients of section 138 of the act were satisfied to prosecute a person. the learned chief judicial magistrate rightly summoned the applicant after considering the complaint, statement of the complainant and all other materials on record finding a .....

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Oct 19 2012 (HC)

People's Union For Civil Liberties Vs. State Of U.P. and Another

Court : Allahabad

Decided on : Oct-19-2012

..... production of any document and requisition of any public record from any office. under section 17, the commission itself has been bestowed with very wide ranging authority to call for information or report from the government or any other authority or organization. section 18 equips the commission to take steps upon completion of or during an inquiry which includes the recommendation ..... and other officials. the petitioner also prays that an appropriate direction may be issued to conduct the investigation into the incident of 23.07.2012 in regard to which an fir (case crime no. 95 of 2012) has been registered at police station concerned. 2. in addition to the aforesaid prayers relating to framing of rehabilitation scheme, payment of compensation to ..... made to it by the hon'ble supreme court as such it would not be bound by the statutory provisions of the protection of human rights act, 1993 (hereinafter referred to as "act") and the commission will rather act as a body sui generis. sri jain has, thus, submitted that in the instant case, a request/reference by this court be made to the ..... is couched with amplest powers to appoint independent enquiry commissioner such as an independent journalist or a panel of two independent journalists in a case where violation of fundamental rights or human rights are alleged. a reference has also been made by learned counsel for the petitioner to the judgment of this court rendered in the case of uttrakhand sangharsh samiti, mussoorie .....

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