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Documents citing Dinesh Kumar Gupta vs State Of U.P. And Others on 11 November, 1998

Gajendra Singh vs High Court Of Judicature At Allahabad ... on 16 January, 2004

34. We are conscious of the limited scope of review as held by the Hon'ble Supreme Court in Meera Bhanja (supra) but at the same time we have to keep in mind the law laid down by the Hon'ble Supreme Court in M.M.Thomas v. State of Kerala (supra), five Judges Bench decision in Shivdeo Singh v. State of Punjab, AIR 1963 SC 1909 and by a Full Bench decision of this Court in Dinesh Kumar Gupta v. State of U.P. (supra). In the latter three decisions, referred to above, emphasis has been laid that the power of review can be exercised to correct errors committed by it. In the instant case, as stated above, it was not brought to the notice of the Court that the Writ Petition No. 1000 (SB) of 2001 filed by the petitioner was pending, secondly, opportunity was necessary to the respondent to put their version of defence in view of settled position of law. Lastly, in some mistaken belief, it was incorrectly observed in the order dated 22.11.2001 that there is no allegation of extraneous consideration. As a matter of fact, in the charge-sheet it has been mentioned in clear words that "...which leads to reasonable inference of having been influenced by extraneous consideration. And you thereby failed to maintain absolute integrity and complete devotion to duty and as such committed misconduct..." We may mention here that in departmental proceeding, the Disciplinary Authority is the sole Judge of facts and the Court generally avoid with the factual controversy. Further, while challenging the charge-sheet, the petitioner has not alleged any bias much less any malafides cither against the High Court or against any other officer.
Allahabad High Court Cites 19 - Cited by 10 - J Bhalla - Full Document

Ram Nagina Srivastava vs State Of U.P. on 16 July, 2019

5. Learned counsel for applicant placed reliance on a Single Judge judgment of this Court in Dinesh Kumar Gupta Vs. State of U. P. and another, 2013 (4) ADJ 274, wherein Court considering a similar order has held that such an order cannot be sustained and there is total non application of mind on the part of Magistrate. Relevant extract of aforesaid judgment reads as under :
Allahabad High Court Cites 11 - Cited by 0 - S Agarwal - Full Document

Ram Nagina Srivastava vs State Of U.P. on 16 July, 2019

5. Learned counsel for applicant placed reliance on a Single Judge judgment of this Court in Dinesh Kumar Gupta Vs. State of U. P. and another, 2013 (4) ADJ 274, wherein Court considering a similar order has held that such an order cannot be sustained and there is total non application of mind on the part of Magistrate. Relevant extract of aforesaid judgment reads as under :
Allahabad High Court Cites 11 - Cited by 0 - S Agarwal - Full Document

Ram Nagina Srivastava vs State Of U.P. on 30 July, 2019

5. Learned counsel for applicant placed reliance on a Single Judge judgment of this Court in Dinesh Kumar Gupta Vs. State of U. P. and another, 2013 (4) ADJ 274, wherein Court considering a similar order has held that such an order cannot be sustained and there is total non application of mind on the part of Magistrate. Relevant extract of aforesaid judgment reads as under :
Allahabad High Court Cites 11 - Cited by 0 - S Agarwal - Full Document

Mukund Lal Verma And Another vs State Of U.P. And Another on 30 July, 2019

5. Learned counsel for applicant placed reliance on a Single Judge judgment of this Court in Dinesh Kumar Gupta Vs. State of U. P. and another, 2013 (4) ADJ 274, wherein Court considering a similar order has held that such an order cannot be sustained and there is total non application of mind on the part of Magistrate. Relevant extract of aforesaid judgment reads as under :
Allahabad High Court Cites 8 - Cited by 0 - S Agarwal - Full Document

Kamala Devi vs State And Another on 8 August, 2019

4. Learned counsel for revisionist placed reliance on a Single Judge judgment of this Court in Dinesh Kumar Gupta Vs. State of U. P. and another, 2013 (4) ADJ 274, wherein Court considering a similar order has held that such an order cannot be sustained and there is total non application of mind on the part of Magistrate. Relevant extract of aforesaid judgment reads as under :
Allahabad High Court Cites 4 - Cited by 0 - S Agarwal - Full Document

Pravesh Bahadur Saxena vs State And Sri K.K.Tripathi on 7 August, 2019

5. Learned counsel for Revisionist placed reliance on a Single Judge judgment of this Court in Dinesh Kumar Gupta Vs. State of U. P. and another, 2013 (4) ADJ 274, wherein Court considering a similar order has held that such an order cannot be sustained and there is total non application of mind on the part of Magistrate. Relevant extract of aforesaid judgment reads as under :
Allahabad High Court Cites 5 - Cited by 0 - S Agarwal - Full Document

Raja Ram And Others vs State Of U.P And Another on 17 September, 2019

5. Learned counsel for applicant placed reliance on a Single Judge judgment of this Court in Dinesh Kumar Gupta Vs. State of U. P. and another, 2013 (4) ADJ 274, wherein Court considering a similar order has held that such an order cannot be sustained and there is total non application of mind on the part of Magistrate. Relevant extract of aforesaid judgment reads as under :
Allahabad High Court Cites 6 - Cited by 0 - S Agarwal - Full Document
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