Allahabad Court November 1996 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Swayambar Prasad Verma Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Nov-06-1996
Reported in: (1997)1UPLBEC83
M. Katju, J.1. The petitioner has prayed for quashing the impugned order dated 24-1-1995 by which he was ordered to be retired on 31-5-1995.2. I heard the learned counsel for the parties. The petitioner was an Assistant Teacher in the Government Model School, Fatehpur where he was posted since 10-12-1996. It is stated in Paragraph 2 of the writ petition that in view of his outstanding service, he was awarded National Award by the Ministry of Human Resource Development, National Award by the Ministry of Human Resource Development, Government of India on 5-9-1994 vide Annexure. to the writ petition. in Paragraph 3 of the write petition it is alleged that vide Government Order dated 6-5-1982 ever teacher who has been awarded merit certificate is allowed two years extention in service. There is another Government Order dated 21-3-1994 allowing extention of service upto the end of the session vide Annexure-III. There is also another G. O. dated 15-4-1981 by Which the recipient of National A...
Ramesh Chandra Vs. Election Tribunal/Deputy Collector and ors.
Court: Allahabad
Decided on: Nov-06-1996
Reported in: (1997)1UPLBEC90
M. Katju, J.1. This writ petition has been filed against the impugned order dated 31-1-1995. Annexure 6 to the petition.2. I have heard the learned counsel for the petition. The petitioner was elected as Pradhan of Gaon Sabha Siraudhan. Pargana and Tehsil Sikandarabad, District Bulandshahr on 20-4-1995. The respondent No. 2 filed an election petition Under Section 12C of the U. P. Panchayat Raj Act vide Annexure-1 to the writ petition. True copy of the written statement filed by the petitioner is Annexure-2 to the petition. The petitioner was declared elected by 171 votes. He got 666 votes whereas the respondent No. 2 got 495 votes. The respondent No 2 filed an application for recounting vide annexure 4 to the petition to which the petitioner filed order dated 31-1-1996 the respondent No. 1 directed for recounting. Hence this petition.3. The law of recout is well settled by a series of decisions of the Supreme Court and this Court vide Ram Adhar Singh v. District Judge, Gazipur and Ors...
Dharam Pal Singh Pipil Vs. Executive Engineer Tubewell Dn. (West)
Court: Allahabad
Decided on: Nov-06-1996
Reported in: (1997)1UPLBEC69
D.K. Seth, J.1. The petitioner has challenged the order to retire him on superannuation on attainment of the age of 58 years with effect from 30-6-1989 by reason of the Government Order dated 28th July 1987 which provides a Class IV employee in the basic salary of Rs. 354/-or less is entitled to continue till the age of sixty years. In Writ Petition No 18104 of 1988, Surya Nath Dubey v. State of U. P. and Ors., disposed of on 18-1-1989 it was held that by reason of the said Government Order a Class IV employee having salary less than Rs. 354/- would be eligible to continue till sixty years. Sri Devendra Kumar, learned counsel for the petitioner relying on the said judgment contends that the petitioner being a Class IV employee he is entitled to continue till sixty years and, therefore, the order to retire him with effect from 30-6-1989 on attainment of 58 years of age is bad.2. The fact remains that in the writ petition no where the petitioner has disclosed his salary neither he has co...
Lok Nath Misra and anr. Vs. District Inspector of Schools and ors.
Court: Allahabad
Decided on: Nov-06-1996
Reported in: (1997)1UPLBEC63
M. Kntju, J. 1. By means of this petition, petitioners pray for a mandamus direction the respondents to pay salary of petitioner No. 1 as ad hoc lecturer in Civics since 10-7-1989 and salary of petitioner No. 2 as L. T. grade teacher from 23-10-1989 and to regularise their services in Amar Shaheed Intermediate College, District Varanasi.2. I have heard learned counsels for the petitioners.3. One Markandey Singh who was lecturer in Civics in the institution, was promoted as principal and he retired on 30-6-1989. Hence a vacancy arose on the post of Lecturer in Civics and petitioner No. 1 was appointed on the said post by resolution of the Committee of Management dated 8-7-1989. The petitioner No. 1 was given appointment by letter dated 9-7-1989 and a copy of the resolution and papers were sent to the District Inspector of Schools but the District Inspector of Schools did not opprove or disapprove the appointment.4. Similarly petitioner No. 2 was appointed as L. T. grade teacher by resol...
Udai Bhan Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-06-1996
Reported in: (1997)1UPLBEC450
S.C. Verma, J.1. The present petition is directed against the order dated 2-5-1990 passed by U.P. Public Services Tribunal, Lucknow in Claim Petition No. 617/1/85 and the order dated 31-5-1991 passed on the Review Petition, wherein the claim of the petitioner for promotion with effect from initial date of appointment and the determination of seniority has been rejected.2. The Petitioner Udai Bhan Singh was given temporary ad hoc appointment on the post of Lecturer in Electrical Engineering by order dated 20-8-1973. The appointment of the petitioner in the pay scale of Rs. 400-900/- was to continue till a regularly selected candidate is made available or till further orders whichever is earlier. The ad hoc appointment of the petitioner continued and in the meantime the post of Lecturer in Electrical Engineering was advertised for regular appointment through U.P. Public Service Commission. The petitioner's candidature was considered and he was selected by the U.P. Public Service Commissi...
Raj Kishore Yadava Vs. Principal, Kendriya Vidyalaya and ors.
Court: Allahabad
Decided on: Nov-06-1996
Reported in: (1997)1UPLBEC26
Ravi S. Dhavan, J.1. Is the civil contempt contempt jurisdiction wrongly structured at the Allahabad High Court The concern of the Court is only on matters of civil contempt a opposed to criminal contempt or contempt ex facie curaei. It is logical that civil contempt arise only should there be a complaint to a Court that an order, direction or judgment, has been violated. This in itself implies that there must be a proceeding, pending or decided, to occasion a complaint on the violation of the directions of the Court, whatever they may be. At the Allahabad high Court, of late, there has been unnecessary duplication of proceedings and the statistics reveal that on the same cause of action either more than one writ petition is pending or consequently from an order or a direction in a particular petition more than one contempt application or petition may also be pending, but in another Court. Rather that explain this phenomena of a confusing situation of duplicated proceedings, the Court ...
Bhopal and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Nov-06-1996
Reported in: 1997CriLJ2363
G.P. Mathur, J.1. This petition under Article 226 of the Constitution of India has been filed for quashing the order dated 4-8-1995 passed by the State Government whereby earlier order entrusting the investigation to CB, CID of Case Crime No. 129 of 1994 of P.S. Doghat, District, Meerut was rescinded and the local police was directed to investigate the same. 2. One Raghubir was murdered in the evening of 5-10-1994 and the FIR of the incident was lodged by Rajpal Singh alleging that the appli- cants had committed his murder by assaulting him with knives. A case was registered as Crime No. 129/94 under Section 302, IPC at P.S. Doghat, District Meerut against all the three applicants. The local police investigated the matter and after investigation submitted a charge-sheet dated 25-11-1994 in the Court of CJM, Meerut. Curiously enough, in the charge-sheet the applicants were shown as absconding though the first informant had moved applications before the CJM alleging that the applicants w...
Radhey Shayam Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Nov-06-1996
Reported in: 1997CriLJ2702
ORDERG.S.N. Tripathi, J.1. This revision is directed against the judgment and order dated 22-8-96 passed by the IIIrd Addl. Sessions Judge, Saharanpur in Criminal Appeal No. 62 of 1994 of the same District, whereby he has dismissed the appeal of the accused. That appeal arose out of the judgment and order passed by the learned Special Judicial Magistrate (Economic Offences) Saharanpur Dated 4-8-94 in Criminal Case No. 1151 of 1995. The learned Special Judicial Magisrate found the accused guilty on a charge under Section 7/16 of the Prevention of Food Adulteration Act and sentenced him to two years R.I. and to pay a fine of Rs. 2,000/-. On failure to pay the fine, further one month's S.I. was awarded.2. Feeling aggrieved against the judgment and order of the learned special judicial Magistrate dated 4-8-94, the revisionist preferred a criminal appeal as aforesaid, which was dismissed by the learned IIIrd Addl. Sessions Judge on 22-8-96. Hence this revision.2.1 The facts are that on 23-1...
Pyare Lal Vs. Smt. Siawati and anr.
Court: Allahabad
Decided on: Nov-05-1996
Reported in: 1997CriLJ2652; I(1997)DMC199
G.S.N. Tripathi, J.1. This revision is directed against the judgment and order dated 30.8.1996 passed by the Family Court, Kanpur Nagar.2. Admittedly, the revisionist Pyare Lal is the husband of Smt. Siawati, respondent No. 1. Smt. Siawati filed a Criminal Case No. 222 of 1988, Under Section 125 Cr.P.C. claiming maintenance on several grounds. The case was filed in the Court of Family Court Judge, Kanpur Nagar. In paragraph 8 of the petition, she has alleged that the revisionist turned her out of his house and threw her at the house of her uncle at Kanpur, ordering her not to come back except when she had arranged Rs. 10.000/-. On 3r5.1985 again the husband physically assaulted her in Kanpur Nagar. He has remarried.3. Before the learned Family Court Judge, an objection was raised by the revisionist that the Kanpur Court had no jurisdiction. However, he did not press this objection and parties entered into a compromise, whereby, the revisionist agreed to pay maintenance and thus the pay...
Assistant Registrar Co-operative Societies Vs. State of Uttar Pradesh ...
Court: Allahabad
Decided on: Nov-05-1996
Reported in: (1997)1UPLBEC46
M. Katju, J.1. Heard counsel for the petitioner.2. This writ petition has been filed against the impugned order dated 17-5-1995 Annexure-1 to the writ petition. The respondent No. 3 was employee as Secretary of a Co-operative Society and he made an application Under Section 15 of the Payment of Wages Act. In my opinion, the Payment of Wages Act does not at all apply in this case. Section 1(4) of the said Act states that the Act will apply to persons employed in a factory or in railway administration or to establishments covered by Section 2(ii)(ag).3. The petitioner is not covered by any of the aforesaid clauses of Section 2 of the Act. Hence the Payment of Wages Act has no application at all. The remedy if any, of the petitioner was to apply Under Section 33C(2) of the Industrial Disputes Act or Section 6-H(2) of the U. P. Industrial Disputes Act.4. The writ petition is allowed. The impugned order dated 17-5-1995 is hereby set aside.5. Copy of this order may be given to the counsel fo...
- ‹ Prev
- 1
- 2
- 3
- 5
- Next ›
- Last »