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Allahabad Court November 1995 Judgments

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Nov 09 1995

Jag Pal Singh and Another Vs. G.B. Pant University of Agriculture and ...

Court: Allahabad

Decided on: Nov-09-1995

Reported in: AIR1996All271

ORDERPetitioners, who are students of M.Sc. (Ag.) Agronomy and M.Sc. (Ag.) Horticulture of G. B. Pant University of Agriculture and Technology Pant Nagar, Nainital, hereinafter referred to as the University, challenge the order dated 17-8-95, whereby they have been dropped from the University on account of poor academic performance.2. In brief, the facts as stated in the writ petition, are that the petitioners were admitted after the admission test in M.Sc. (Ag.) Agronomy and M.Sc. (Ag.) Horticulture. For the M.Sc. (Ag.) degree course there are minimum four and maximum eight semesters. In the aforesaid course, each semester consists of 120 days classes and practicals, but in the year 1994 there were only 20 days classes and practicals in each semester, therefore, the petitioners could not take advantage of 20 days classes and consequently, they could not make full preparation for the examination. It has also been stated that the petitioner's test was taken in Hindi, but they were taugh...


Nov 09 1995

JaIn Shudh Vanaspati Ltd. Vs. the Labour Court and ors.

Court: Allahabad

Decided on: Nov-09-1995

Reported in: (1996)IILLJ950All

B.K. Roy, J.1. The petitioner prays to quash (i) the order of reference of the appropriate Government (State of U.P. - Respondent No. 4) as contained in An-nexure-1 and (ii) the award dated September 14, 1981 of the Presiding Officer, Labour Court, Ghaziabad (Respondent No. 2) in Adjudication Case No. 151 of 1979.The Facts:2. Respondent No. 3 Kartar Singh Tyagi was employed as an Apprentice-chemist in the Establishment of the petitioner. On July 7, 1978 he did not report to work. Respondent No. 3, on the other hand, took up a plea that on account of ailment of his wife he went to his home to attend her after sanction of leave from July 7, 1978 to July 27, 1978 by the Chief Chemist Sri K.K. Singh and that on July 28, 1978 he himself fell ill and his illness continued till August 3, 1978 and got himself treated from July 28, 1978 to August 3, 1978 in the Employees State Insurance Dispensary, Kiran Colony, Ghaziabad and after obtaining medical certificate on August 4, 1978 he went to join...


Nov 09 1995

Ramesh Chandra Srivastava Vs. J.R. Chaudhury and ors.

Court: Allahabad

Decided on: Nov-09-1995

Reported in: 1996CriLJ1554

ORDERB.S. Chauhan, J.1. The instant case is a unique example of arrogance and belligerency of contemner. who though heads, the Government Industrial Training Institute, did not consider it necessary or at least desirable, to apply his mind as to what may be the sanctity of the order passed by this Court. The factual matrix of this case revelas that the applicant was appointed as an instructor with effect from 1-6-1989, in the Radio and Television Section of the Government Industrial Training Institute, Rasra, Ballia (hereinafter called the institute). Though, the appointment was made on daily wages but in order to deprive the applicant from the benefits of the continuity of service, the opposite parties gave artificial breaks in the services of the applicant. The services of the applicant had been terminated and he had been reappointed time and again. Being aggrieved of the last termination order dated 19-4-1991, the applicant challenged the same by filing the Civil Misc. Writ Petition...


Nov 09 1995

Jai Prakash Singh Vs. State of Uttar Pradesh

Court: Allahabad

Decided on: Nov-09-1995

Reported in: 1996CriLJ2426

ORDERS.N. Saxena, J.1. The applicant by means of this application under Section 482 Cr. P. C. has prayed this Court to quash the First information Report dated 19-4-1993 and the entire proceedings against him arising out of case crime No. 104/83 P. S. Karakat under Section 409 I. P. C. State v. Jai Prakash Singh pending in the Court of IVth Addl. Chief Judicial Magistrate or to direct the trial Court to complete the entire proceedings within a reasonable period of time. The facts of the case which gave rise to the present application were as follows.2. The applicant, Jai Prakash Singh was an employee posted in the Irrigation Department, Sharad Sahayak Khand 36 Jaunpur. He was holding the post of watchman (Chaukidar). Kailash Chandra Soni who was holding the post of Assistant Engineer in Irrigation Department, Sharada Sahayak Khand-36, Jaunpur had found that 47 bags of Cement worth Rs. 33, 122/- were missing from the store where the applicant was posted on duty and therefore, he lodged ...


Nov 08 1995

Ghanshyam Singh Vs. Primary Co-operative Bank Ltd. and ors.

Court: Allahabad

Decided on: Nov-08-1995

Reported in: (1997)IIILLJ310All

ORDERR.H. Zaidi, J.1. Petitioner, by means of the present petition under Article 226 of the Constitution of India, who was an employee of Mechanical Department Co-operative Bank Ltd., North Eastern Railway, Gorakhpur (hereinafter referred to as the Bank), challenges the validity of the order dated March 24, 1994, passed by the Board of Directors of the Bank and communicated to him vide letter dated March 25, 1994 of the acting Secretary, Mechanical Department of the Bank. He also prays for a writ in the nature of mandamus restraining the respondents from interfering in his functioning as Senior Clerk and to pay his salary regularly.2. The relevant facts of the case, as stated in the writ petition, are that the Bank was a Co-operative Society registered under the U.P. Co-operative Societies Act, 1965. The Area of operation of the society was Northern Eastern Railway in Uttar pradesh and Bihar. It was thus a Multistate Co-operative Society within the meaning of term used in Multistate Co...


Nov 03 1995

Nanhi Bai and ors. Vs. Motor Accidents Claims Tribunal and ors.

Court: Allahabad

Decided on: Nov-03-1995

Reported in: 1996ACJ1153

D.S. Sinha, J.1. Heard Mr. S.K. Shukla, the learned Counsel appearing for the petitioners and Mr. J.N. Verma, learned Standing Counsel representing Motor Accidents Claims Tribunal, Banda, the respondent No. 1. Nobody has appeared for the remaining respondents.2. Before the respondent No. 1 the petitioners filed a claim petition under Section 110-A of the Motor Vehicles Act, 1939, (hereinafter referred to as 'the Act'). The petition was dismissed in default on 10.4.1976.3. On 8.5.1976, the petitioners moved an application for restoration of the claim petition under Order 9, Rule 9 of the Code of Civil Procedure, 1908, (hereinafter referred to as 'the Code') read with Rule 21 of the U.P. Motor Accidents Claims Tribunal Rules, 1967. The application was dismissed in default of appearance on 16.10.1976.4. Thereafter, on 11.11.1976, the petitioners filed an application under Order 9, Rule 9 and Section 151 of the Code praying for the restoration of the application dated 8.5.1976.5. The respo...


Nov 03 1995

Nanhi Bai and ors. Vs. Motor Accident Claims Tribunal and ors.

Court: Allahabad

Decided on: Nov-03-1995

Reported in: 2(1997)ACC193

D.S. Sinha, J. 1. Heard Mr. S.K. Shukla, the learned Counsel appearing for the petitioners and Mr. J.N. Verma, learned Standing Counsel representing Motor Accident Claims Tribunal, Banda, the respondent No. 1. Nobody has appeared for the remaining respondents.2. Before the respondent No. 1 the petitioners filed a claim petition under Section 110-A of the Motor Vehicles Act, 1939, (hereinafter referred to as 'the Act')- The petition was dismissed in default on 10.4.1976.3. On 8.5.1976, the petitioners moved an application for restoration of the claim petition under Order 9, Rule 9 of the Code of Civil Procedure, 1908, (hereinafter referred to as 'the Code') read with Rule 21 of the U.P. Motor Accident Claims Tribunal Rules, 1967. The application was dismissed in default of appearance on 16.10.1976.4. Thereafter, on 11.11.1976, the petitioners filed an application under Order 9, Rule 9 and Section 151 of the Code praying for the restoration of the application dated 8.5.1976.5. The respon...


Nov 02 1995

Rajishi Foam therm and Pack Vs. Cegat and anr.

Court: Allahabad

Decided on: Nov-02-1995

Reported in: 1996(63)LC188(Allahabad)

K.L. Sharma, J.1. Heard Shri A.P. Mathur ld. Counsel for the petitioner and Shri Shishir Kumar ld. Standing Counsel for Central Excise and perused the Writ Petition.2. This Writ Petition under Article 226 of the Constitution of India has been directed against the order dated 22.8.1995 passed by three members of the Bench of Customs Excise and Gold (Control) Appellate Tribunal, New Delhi whereby on the application for stay-waiver in Second Appeal No. E/876/95-C, the petitioner has been directed to deposit Rs. 7,00,000/- within two months from the date of the order and thereupon the requirement to pre-deposit the balance amount of duty and penalty shall be deemed to have been waived and recovery proceedings shall remain stayed.3. Ld. Counsel for petitioner contended that the cash deposit of seven lakhs has been ordered without considering the fiancial position and the fact of time barred demand. He has further contended that the demand should have been bifurcated between two units of the...


Nov 01 1995

Birla Institute of Technology Mesra Ranchi Vs. Yamini Shukla and Other ...

Court: Allahabad

Decided on: Nov-01-1995

Reported in: AIR1996All244

ORDERK.C. Bhargava, J.1. This special appeal is directed against the order dt. 13-10-1995 passed by a learned single Judge of this Court. The facts stated in brief are that the petitioner Yamini Shukla who is respondent 1 in the appeal has preferred a writ petition for quashing the selection of respondents 3 to 16 in the petition to the Master of Computer Application full time Degree Course 1995-96 (hereinafter referred to MCA) and to direct respondent No. 2, namely, the Birla Institute of Technology, Ranchi, to admit the petitioner in the MCA course of 1995-96. According to the petitioner she appeared in the qualifying examination for admission to MCA Full Time Degree Course 1995-96 of Birla Institute of Technology which was held at Lucknow in the month of June, 1990. The petitioner has also appeared in Part-Ill examination of B.Sc. from the Lucknow University in the same year. On the basis of the written examination, the call letter was issued to the petitioner for interview dt. 1-8-...


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