Allahabad Court May 1956 Judgments
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Bahori Lal Paliwal Vs. District Magistrate, Bulandshahr and anr.
Court: Allahabad
Decided on: May-08-1956
Reported in: AIR1956All511
Chaturvedi, J. 1. I have had the benefit of reading the Judgments of Agarwala and V. Bhargava, JJ. I do not propose to repeat the facts of case and consider it sufficient to state that I agree with the judgment of V. Bhargava, J. on the preliminary point and am of the opinion that the petition has not become infructuous because a bye-election has subsequently been held. If the argument of the learned counsel for the petitioner is accepted, the result would be that there was no vacancy in the office of the President and, therefore, the subsequent election to that office was void and of no consequence.2. On the other question, namely, the effect of withdrawing the resignation, I agree with the judgment of Agarwala, J. and am of the opinion that the resignation having been withdrawn by the petitioner before its acceptance by the District Magistrate, there was no right left in the District Magistrate to accept the resignation. The petitioner had a right to withdraw the resignation before i...
Kunwari Indra Bajaj Vs. the Agra University and anr.
Court: Allahabad
Decided on: May-08-1956
Reported in: AIR1956All576
Gurtu, J.1. This is a petition under Article 226 of the Constitution of India. The facts which give rise to this petition are as follows:2. The petitioner is a woman residing within the territorial limits of the Agra University, She appeared at the M.Sc. Previous Examination in Chemistry of the said University which was held in the month of March, 1955 as a woman private candidate. She was not able to secure pass marks in the theory, papers, though she passed the practical examination. In the result she was declared to have failed in the M.Sc, Previous Examination in Chemistry.With a view to taking the M.Sc. Previous Examination again in March, 1956, the petitioner became a casual student of Agra College for the purpose of doing practical work in that College in the subject of Chemistry. On 12-9-1955 she submitted an application form for admission to the Previous Examination in Chemistry to be held in March, 1956. She was informed by the Assistant Registrar (Examinations) that her appl...
Newspaper Ltd. Vs. State Industrial Tribunal and ors.
Court: Allahabad
Decided on: May-08-1956
Reported in: AIR1956All597; (1957)ILLJ32All
ORDER1. This is a petition under Article 226 of the Constitution, The petitioner is the Newspapers Ltd. carrying on business of running daily newspapers and publication and sale of books. The petitioner has its own union of workers, known as the Newspapers Ltd. Employees' Union, which is registered and of which the majority of workers of the petitioner are members. There is another union named the Allahabad Press Workers' Union.The workers of the different Presses at Allahabad including the petitioner are its members. Some time ago the Allahabad Press Workers Union without the authority of the News papers Ltd. Employees' Union made a representation to the Regional Conciliation Officer, Allahabad, for extending the number of leave-holidays to be observed in the petitioner's concerns beyond those already prescribed under its standing Orders. They alleged that more leave-holidays were allowed by a similar concern, namely. the Amrit Bazar Patrika, Ltd. and there was n' reason why the petit...
Kawaldhari Singh Vs. Indian Dominion (General Manager, East Indian Rai ...
Court: Allahabad
Decided on: May-07-1956
Reported in: (1957)ILLJ445All
B. Upadhya, J.1. This is a plaintiff's appeal arising out of a suit for a declaration that his removal from service was invalid and that he continued to be still in service.2. The plaintiff was employed as an A grade fireman on the East Indian Railway and was last posted at Kanpur. The salary that he drew at the lime of his removal was Rs. 60 per mensem besides allowances. On 25 May 1947 he was served with a chargesheet asking him to show cause as to why he was not found when called to work at 17-40 on 5 March 1947 and as to why he wan absent from 5 March 1947-to 20 May 1947. In the same chargesheet he was called upon to show cause why ho should not be punished. The nature of the punishment intended was not communicated in the notice. An explanation appears to have been submitted on the same clay. The next day, that is, on 22 May 1947, the plaintiff was removed from service. The suit giving rise to this appeal was instituted on 1 April 1949 and. in defence it was pleaded that the plain...
Vishwanath Agarwal Vs. State of Uttar Pradesh, Lucknow
Court: Allahabad
Decided on: May-01-1956
Reported in: AIR1956All557
Kidwai, J. 1. I have had the advantage of reading the judgment prepared by my learned brother and I concur in the order proposed by him. In view of the Full discussion of the facts and the law contained in that judgment it is hardly necessary for me to add anything. I would, however, like to emphasise that though the Court may inquire into the fact of the Governor's satisfaction, it cannot inquire into the reasons for that satisfaction or into the sufficiency of those reasons. 2. In the present case there is no evidence to show that the Governor was not in fact satisfied. The material contained in the counter affidavit (the correctness of which is not disputed) indicates that the Governor was satisfied after mature and prolonged deliberation of the necessity for an amendment of the Sales Tax Act in order to meet the revenue requirements of the State. At first the necessity was not immediate since correspondence was going on between the State Government and the Union Government with reg...
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