Allahabad Court May 1992 Judgments
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Om Prakash Gupta Vs. the Regional Transport Authority, Meerut and Othe ...
Court: Allahabad
Decided on: May-18-1992
Reported in: AIR1992All291
ORDERM. Katju, J. 1. This writ petition and the connected writ petitions are being disposed of finally by a common judgment as common questions of law and fact are involved.2. The petitioner O. P. Gupta held a permanent stage carriage permit on the Meerut - Viderkuti - Bijnore route. Subsequently in 1965 five more routes were included in the permit of the petitioner, vide Annexures 2 and 3 of the rejoinder affidavit of S. C. Gupta. A map showing these routes has been filed as Annexure 1 to the writpetition and Annexure 1 to the rejoinder affidavit of S. C. Gupta, though the accuracy of these maps is disputed by the respondents who have filed their own map as Annexure 1 to the counter-affidavit of Wali Mohammed. A perusal of the maps filed by the petitioner gives an indication that while the petitioner's original routes which were granted to him subsequently in 1965 was Meerut-Bijnore via Ramraj.3. Apart from the Meerut-Bijnore route there is also a Muzaffarnagar-Bijnore route. This lat...
Anurag Misra, Revisionsts Vs. Shri Ravindra Singh and Another
Court: Allahabad
Decided on: May-15-1992
Reported in: AIR1994All174
ORDER1. The plaintiff has filed this revision under Section 25 of the Provincial Small Cause Courts Act (Act No. 9 of 1887) challenging the judgment and decree dated 11-2-86 passed by Judge, Small Cause Court (VI Additional District Judge) Sitapur, dismissing the suit filed by the revisionist for the ejectment of opposite parties and for arrears of rent. Plaintiff Anurag Misra, a minor had filed the suit giving rise to this revision describing himself in the plaint as plaintiff filing the suit through his father as natural guardian. The plaintiff alleged that he is owner of House No. 3 Footkar Ashan, mohalla Loharbagh, in the town of Sitapur. The upper portion of the house in suit was contructed in the year 1973 and that the upper portion was separate from the lower storey portion that is to say, both the portions upper and lower were separate and independent units as per plaint allegations. The plaintiff further alleged that the U.P. Urban Building (Regulation of Letting, Rent and Evi...
Smt. Sudha Devi Vs. State of U.P. and anr.
Court: Allahabad
Decided on: May-14-1992
Reported in: [1993]76CompCas253(All)
V.K. Khanna, J. 1. One Dwarika Prasad took a loan of Rs. 1,72,426, from the U. P. Financial Corporation (respondent No. 2) (hereinafter referred to as ' the Corporation') for purchasing a truck on February 19, 1982. The petitioner, Smt. Sudha Devi, and her husband, Sim Krishna Murari Sharma executed a guarantee bond in favour of the Corporation. It is not disputed that the borrower, Shri Dwarika Prasad, failed to repay the aforesaid loan in terms of the agreement executed. The Corporation has initiated proceedings for recovery of the entire outstanding demand which Shri Dwarika Prasad had failed to repay against the petitioner who had admittedly executed the guarantee bond. It is these recovery proceedings which have been challenged in the present writ petition.2. At the admission stage, the contesting respondent (Corporation) was served and it was represented by Shri V.M. Sahai. Counter and rejoinder affidavits have been exchanged between the parties and the present writ petition is b...
Vinod Kumar Vs. Executive Engineer, Electricity Distribution and anr.
Court: Allahabad
Decided on: May-14-1992
Reported in: (1993)ILLJ292All
Vijay Bahuguna, J.1. The petitioner, who was working as a Lineman in the Electricity Distribution Sub-Division Muni Ki Reti, Rishikesh, District Tehri Garhwal, has by means of the present writ petition under Article 226 of the Constitution sought for a writ of mandamus from this Court commanding the respondents to allow the petitioner to resume his duties and to pay him full salary which has accrued to him according to Rules.2. The facts in a nut-shell are that on May 14, 1971 the petitioner was appointed as Coolie in the office of the Chief Engineer, Rural Electrification Division III North, Gandhi Nagar, Muzaffarnagar and after confirmation of his service he was transferred to the Electricity Distribution Division Tehri, District Tehri Garhwal. During the period the petitioner was working at Electricity Sub-Division Muni Ki Reti, District Tehri Garhwal he was involved in a criminal case of theft and as such by an order dated October 6, 1978 he was placed under suspension. In the susp...
Janardan Singh Vs. U.P. State Road Transport Corporation
Court: Allahabad
Decided on: May-14-1992
Reported in: [1992(65)FLR904]; (1993)ILLJ623All
M. Katju, J.1. The petitioner was appointed as Bus Conductor in the service of the erstwhile U.P. Government Roadways on September 8, 1958, and after creation of the U.P. State Road Transport Corporation the service of the petitioner was transferred to the Corporation in 1972. The petitioner has alleged that he was confirmed on April 1, 1972. In 1985 it is alleged that he was carrying 10 passengers without tickets, and consequently, he was charge-sheeted and after enquiry he was given a minor punishment by the order dated October 31, 1985 (Annexure 2 to the writ petition). By this order he was given the punishment of withholding of five annual increments without future effect.2. On June 6, 1986 a seniority list was published in which petitioner's name was at Serial No. 2 vide Annexure-3 to the writ petition. However, the petitioner was not promoted to the post of Junior Clerk when the promotion list was issued on April 27, 1987 (Annexure-4 to the writ petition), 39 persons junior to th...
Dr. Hidiyat HussaIn Khan Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: May-14-1992
Reported in: 1992CriLJ3534
S.K. Mookerji, J.1. This petition has been filed by Hidayat Hussain Khan a student of Ist year M.D. (Skin) in S.N. Hospital, Agra in Hailing Wards at Agra praying for a writ in the nature of certiorari for quashing the first information report dated 3-4-92 lodged by Km. Shashi Lata Mukherji, a staff nurse of the aforesaid Medical College under Section 376/420, IPC. Crime No. 44 of 1992, police station M. M. Gate, Agra, a Copy whereof is Annexure 3 to the writ petition.2. We have heard the learned counsel for the petitioner at length and also the learned Standing Counsel. After hearing the learned counsel for the parties and also examining the materials on record, we are not inclined to interfere with the first information report or the investigation, at this stage. On reading the first information report, it cannot be held that no case is made out against the petitioner. At present investigation is in progress as such also we are not inclined to interfere. The Investigating Officer, on...
Rahimal (In Jail) Vs. State of U.P.
Court: Allahabad
Decided on: May-13-1992
Reported in: 1992CriLJ3819
G. D. Dube, J.1. This appeal has been preferred against the judgment and order of VIth Additional Sessions Judge, Fatehpur convicting and sentencing appellant to undergo 7 years' rigorous imprisonment under Section 395, I.P.C. and imprisonment for life under Section 396, I.P.C.2. The case of the prosecution was that at about 1.30 a.m. in the night between 3/4-9-1977 six to seven dacoits entered into the house of Raisa Khatoon and Azizun. They committed dacoity in the houses and looted properties. It was alleged that there was a Dibbi burning in front of the house of Azizun and a lantern was burning in front of the house of Raisa Khatoon situated in village Amaun, P.S. Khaga, District Fatehpur. During the dacoity the dacoits fired towards witnesses. Mohd. Yusuf received serious injuries and later on died. The other persons also received gun shot wounds. It was alleged that during the dacoity a heap of paddy straw (payal) was put to fire. This created ample light enabling the witnesses t...
Smt. Shyama Devi and Others Vs. District Magistrate, Varanasi and Anot ...
Court: Allahabad
Decided on: May-12-1992
Reported in: AIR1993All37
ORDERS.D. Agarwala, J. 1. This is a petition under Art. 226 of the Constitution of India. The petitioners applied for permission to make a mini cinema hall in Chakiya, district Varanasi. The District Magistrate by his letter dated 3-11-1989 granted permission to construct the cinema hall. One of the conditions mentioned in the permission letter was that the construction shall be completed within a span of one year. Admittedly, the construction could not be completed within a period of one year from 3-11-1989, and consequently before expiry of the said period, the petitioners moved an application before the District Magistrate on 1-11-1990 requesting him that some more time may be granted for completion of the aforesaid cinema hall. The District Magistrate did not pass any order on this application, but the petitioners continued to make their construction. On 19th September, 1991 the Works Superintendent of Public Works Department, Varanasi submitted a report to the respondent District ...
Khar Bhan Ram Vs. General Manager, Punjab National Bank and ors.
Court: Allahabad
Decided on: May-12-1992
Reported in: [1992(65)FLR647]; (1993)ILLJ263All
B. Dikshit, J. 1. A Management Trainee of Punjab National Bank (in short' Bank) appointed in Junior Management Grade has challenged the Order of termination of his services passed by Regional Manager, Punjab National Bank, Varanasi (in short Regional Manager).2. Counter-affidavit and Rejoinder Affidavit being exchanged, the learned counsel for the parties agreed that the petition can be disposed of at this stage of admission and, therefore, it is being disposed of at this stage according to Rules of the Court.3. The essential facts are that petitioner was appointed Management Trainee in Junior Management Grade at Bank on July 28, 1986 after being selected at an examination conducted by Banking Service Board, which is the selection body for appointment on the post of Management Trainees in Junior Management Grade of all the nationalised Banks. The initial appointment was on probation of two years which could be extended for a period not exceeding one year. The terms and conditions in pa...
Uma Shankar Yadav Vs. Registrar of Coop. Societies and ors.
Court: Allahabad
Decided on: May-11-1992
Reported in: (1993)ILLJ424All; (1992)2UPLBEC849
M. Katju, J.1. In this case on December 13, 1990 this Court granted three weeks to the Standing Counsel to file counter-affidavit. Thereafter on January 23, 1991 one month's time was again granted to file counter-affidavit. No counter-affidavit was filed despite these orders, and on April 6, 1992 I directed the petitioner to serve respondent Nos. 1 and 2 personally. The petitioner has filed his affidavit of service showing service on these respondents. No counter-affidavit has been filed even today. I am not inclined to grant any further lime to file counter-affidavit as time has been granted repeatedly since December 13, 1990. It seems that the orders of this Court are not taken seriously by the Standing Counsel and despite several opportunities counter-affidavits are not filed for the reasons best known to the State.2. In the circumstances, I am treating the allegations in the petitioner to be correct, and I am proceeding to dispose of this petition finally.3. The petitioner was appo...
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