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Jitendra Kumar vs State of U.P.
Keywords: false promise, consent, marriage, bona fide, long-term relationship, criminal intimidation, sexual intercourse, culpability, misconception, charge sheet
Long-term consensual relationships can negate claims of false promise of marriage unless clear evidence of bad faith is presented.
(A) Bhartiya Nyaya Sanhita, 2023 - Section 69 - Allegation of sexual intercourse on false promise of marriage - Applicant no. 1 charged, while applicant nos. 2 and 3 charged for criminal intimidation - Relationship between accused and victim consented; promise deemed bona fide - Prima facie no case made out against applicants. (Paras 12, 15, 17, 19) (B) Criminal culpability - For consent to be tai...
Vishal Kumar Saroj vs State of U.P. Thru. Prin. Secy. Home. Lko
Keywords: second complaint, final report, jurisdiction, quashed, investigation, judicial discretion, exceptional circumstances, dismissal, prosecution, complaint
A subsequent criminal complaint based on the same facts as a previously accepted final report is not maintainable unless exceptional circumstances are shown; mere acceptance of a final report does not....
(A) Code of Criminal Procedure, 1973 - Sections 200, 202, 203, 204, 156(3), and 482 - Criminal Complaint - The challenged order stemmed from a prior FIR concerning violent incidents involving family members of the applicant. The conflict arose as the opposite party filed a second complaint after the Magistrate accepted the final report from the initial investigation - The court relied on the Supre...
Rajesh Kukreja vs State of U.P.
Keywords: cheque, dishonour, complaint, locus standi, payee, holder in due course, legal standing, third-party, complaint maintainability, Negotiable Instruments Act
A third-party complaint under the Negotiable Instruments Act is not maintainable unless filed by the payee or holder in due course.
(A) Negotiable Instruments Act, 1881 - Sections 138 and 142 - Complaint for cheque dishonour - The complaint filed by third party lacking locus standi is not maintainable under the Act - A valid complaint can only be filed by a payee or holder in due course. (Paras 10, 13, 14) (B) Third-party complaints - Under the N.I. Act, a complaint in the name of a third party is impermissible unless they hav...
T.T. Ltd. through Occupier vs State of U.P.
Keywords: pollution, quashing, complaint, sampling, trade effluent, jurisdiction, court procedures, evidence, Environmental Act, consent
The court ruled that a complaint for discharging trade effluent is invalid without proper sampling processes and that evidence must be assessed at trial for factual determinations.
(A) Water (Prevention and Control of Pollution) Act, 1974 - Sections 21, 25, 43, 44, and 28 - Quashing of proceedings - Application filed for quashing the complaint under Section 43/44 for alleged discharge of trade effluent without consent - The applicant's factory was found to be not discharging industrial effluent as defined; complaint deemed non-maintainable. (Paras 11, 20) (B) Jurisdiction of...
Anita Rani vs State of U.P.
Keywords: age limit, irregular appointment, eligibility, sympathetic view, special BTC, void-ab-initio, scheduled caste, recruitment process, service law, appointee rights
Irregular appointments without fraud may be permitted to continue under sympathetic circumstances, despite age limit breaches in eligibility. Appointments declared void-ab-initio in accord with U.P. B....
(A) U.P. Basic Education (Teachers) Service Rules, 1981 - Rule 6 - Eligibility for appointment as Assistant Teacher - Appellant completed training but was over the age limit (50 years) at the time of appointment on 02.07.2016, rendering the appointment void-ab-initio. Court considered age relaxation provisions (Paras 11-12, 18). (B) Recruitment process - Appointment invalidated due to exceeding ag...
Chandra Prakash Singh vs State of U.P.
Keywords: derecognition, absorption, employment rights, adjustment, recognition, arbitrary order, salary withholding, equity, statutory provision, illegal employment
Teachers of a derecognized institution do not have a legal right to claim absorption in other schools; recognition cancellation eliminates enforceable employment rights.
(A) U.P. Basic Education Act, 1972; U.P. Junior High School (Payment of Salary to Teachers & Other Employees) Act, 1978; U.P. Recognized Basic School (Junior High School) (Recruitment and Conditions of Service of Teachers) Rules, 1978 - Writ petition for quashing order of Director of Education impugning adjustment of staff following cancellation of institution’s recognition due to irregularities. ...
Samita vs State of U.P.
Keywords: salary entitlement, ad-hoc appointment, preconditions, vacancy notification, U.P. Intermediate Education Act, U.P. Secondary Education Service Selection Board Act, regulatory compliance, legal obligations, judicial interpretation, educational institutions
Ad-hoc principals are only entitled to the salary of their position following the fulfillment of specific preconditions under Section 18 of the U.P. Secondary Education Service Selection Board Act, 19....
(A) U.P. Intermediate Education Act, 1921 - Regulations under Chapters II - U.P. Secondary Education Service Selection Board Act, 1982 - Section 18 - Entitlement of ad-hoc Principal's salary - Court held that ad-hoc principals cannot claim salary unless preconditions of notifying vacancy and tenure are met as per Section 18 of Act 1982 and mandates of Regulations. (Paras 1 to 28) (Facts of the cas...
Jagroop vs State of U.P.
Keywords: bail, surety, property valuation, non-cognizable offenses, false affidavit, court procedures, district formats, BNS Act, legal precedents, release conditions
A person may provide sureties for multiple accused in different cases under BNS provisions, provided the property value exceeds the aggregate surety requirement.
(A) BNS Act, 2023 - Sections 229, 233, 237, 246, 318(2), 318(4), 336(3), 340(2) - Bail application - The court examined whether a person can take surety for multiple accused under the provision that allows for sureties as long as the property valuation exceeds the total surety. - The court found that Section 441A Cr.P.C. permits such instances subject to the sufficiency of the property. - The prac...
Soni vs State of U.P.
Keywords: joint possession, ex parte injunction, illegal dispossession, due process, administrative authority, property rights, writ jurisdiction, trial court errors, jurisdiction, compensation
The trial court's ex parte orders for possession were illegal, necessitating due process and rightful hearings before dispossessing parties from joint property.
(A) Code of Civil Procedure, 1908 - Section 151 - Jurisdiction of trial court - Administrative authorities unlawfully constituted a team for delivering possession based on an ex parte injunction - No actual division of property took place among co-tenure holders - Joint possession established - Hasty ex parte orders lacked due process and proper findings. (Paras 18, 19, 24, 26, 38) (B) Writ jurisd...
State of U.P. vs Ramesh Kumar Singh
Keywords: recurring grant, private schools, State obligation, fundamental rights, Grant-in-aid policy, educational criteria, teacher appointments, Article 21A, compliance, salary claims
The Right to free education does not confer entitlement to recurring aid for all private primary schools; compliance with legal requirements is essential for salary claims against the State.
(A) Constitution of India - Article 21A - Right of Children to Free and Compulsory Education Act, 2009 - Recurring aid to private recognized primary schools - Petitioners claimed recurring grants alleging constitutional rights under Article 21A; the State argued policy withdrawal inadequate basis for claims - Writ petitions dismissed for failure to meet legal criteria set by state policies and edu...
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