Allahabad Court October 1997 Judgments
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Shri Niwas Singh Vs. District Inspector of Schools and ors.
Court: Allahabad
Decided on: Oct-21-1997
Reported in: (1998)1UPLBEC276
Sudhir Narain, J.1. The petitioner seeks writ of certiorari quashing the order dated 19th December, 1995, passed by the District Inspector of Schools, Ghazipur, respondent No. 1, refusing to accord financial sanction of the appointment of the petitioner to the post of Assistant Teacher in L.T. grade in Shri Gandhi Inter College, Dhotari, district Ghazipur (hereinafter referred to as the Institution).2. The version of the petitioner is that Shri Satyendradeo Singh was permanent Principal of the Institution. He retired on 30th June, 1991. On his retirement one Sri Daya Shankar Singh, the seniormost lecturer was promoted as ad hoc Principal by the Committee of Management. On account of promotion of Sri Daya Shanker Singh a vacancy arose in the Institution on the post of Lecturer. Sri Digvijay Singh was promoted to the post of Lecturer from the post of L.T. grade teacher. On his promotion the vacancy to the post of Assistant Teacher in L.T. grade fell vacant. As the promotion order had not...
Anil Kumar Kaushik Vs. New Okhla Industrial Development Authority and ...
Court: Allahabad
Decided on: Oct-21-1997
Reported in: (1998)1UPLBEC407
S.P. Srivastava, J.1. Feeling aggrieved by the inaction of the respondent authority in the matter relating to the determination of' the claim of the petitioner regarding the regularisation of his services and his absorption against the vacant post of Junior Assistant/Typist, he has approached this Court seeking redress praying for a direction requiring the respondent appointing authority to regularise his services.2. The parties have exchanged their affidavits. The learned Counsel for the parties have jointly requested that this writ petition be disposed of finally at this stage.3. Considering the facts and circumstances brought on record I find that the present case is fit one for being disposed of finally at this stage under the second proviso to Rule 2(i) of Chapter 22 of the Rules of the Court.4. I have heard Shri W.H. Khan learned Counsel for the petitioner and Shri U.S. Awasthi learned Counsel representing the respondents and have carefully perused the record.5. On 23.5.97 learne...
Mahendra Pal Singh Raghav Vs. Senior Manager (Jig and Tools), Bharat H ...
Court: Allahabad
Decided on: Oct-21-1997
Reported in: (1998)1UPLBEC15
Sudhir Narain, J.1. This writ petition is directed against the order dated 20.9.1984, passed, by the Senior Manager (T.L.X.), dismissing the petitioner from service and the order dismissing the appeal against the aforesaid decision communicated to the petitioner by letter dated 22.11.1984.2. The facts in brief are that the petitioner was working as permanent Senior Drafts Man in Bharat Heavy Electricals (India) Ltd., Ranipur, Hardwar, district Saharanpur (hereinafter referred to as the project). The disciplinary proceedings were taken against him on certain-charges. He was served with four charge sheets. In charge sheet dated 1.9.1981, it was alleged that the petitioner connived with a co-worker and issued fictitious receipts amounting to Rs. 1800/- mentioned in the said charge sheet. The second charge sheet dated 12.9.1981 indicated that the petitioner submitted false L.T.C. claim amounting to Rs. 2,865/- in respect of his visit with family to Gulmarg. The third charge sheet dated 26....
Jayanti Prasad and ors. Vs. Kamal NaraIn and ors.
Court: Allahabad
Decided on: Oct-21-1997
Reported in: 1998CriLJ4689
ORDERP.K. Jain, J.1. Heard Sri Dharm Pal Singh, learned counsel for the revisionists and Sri L.P. Singh, learned counsel for opposite parties Nos. 1 to 3.2. By preliminary order dated 13-11-79 proceedings under Section 145, Cr.P.C. were initiated in respect of plots Nos. 2, 3, 4, 5, 7 and 212, areas 5 bighas, 19 biswas and 14 biswansis. The revisionists claimed possession over 1 bigha 10 biswas in plot No. 7 on the strength of a sale deed said to have been executed by Sarju Narain, one of the co-sharers with regard to his share of land in the aforesaid plot of land. The learned magistrate on consideration of the evidence adduced by the parties gave a finding that Sarju Narain had executed sale deed of his share of land in the disputed land. On the basis of the sale deed names of the opposite parties were mutated in the revenue records. The learned magstrate also observed that the parties had adduced oral evidence which is supported by police report and Sarju Narain was in possession of...
Baru (Since Deceased) and anr. Vs. Tej Pal and ors.
Court: Allahabad
Decided on: Oct-20-1997
Reported in: AIR1998All230
D.C. Srivastava, J.1. This is plaintiff's second appeal.2. The plaintiffs. Baru and Rulha filed a suit for cancellation of registered adoption-deed dated 19-5-1977 executed by Yadram in favour of Sadhu, defendant No. 3, aged about 8 years on the date of execution with other consequential reliefs. The plaintiffs challenged the aforesaid adoption deed being illegal, null and void. Relevant pedigree has been set up in the plaint. Tej Pal, one of the defendants, was living in village and was visiting Yadram frequently. He used to administer liquor to him, Yadram indulged in bad habits. It was alleged that Tej pal in collusion with Hriday Ram and Sube Ram obtained fictitious adoption-deed from Yad Ram. On the strength of adoption-deed Tej Pal took possession over the house of Yadram and also sold his movable properties. Whereabouts of Yadram thereafter was not known. It was apprehended that Yadram was either abducted or murdered. First information report was lodged with the police and case ...
State of U.P. Vs. Sia Ram Alias Khurbur
Court: Allahabad
Decided on: Oct-20-1997
Reported in: 1998CriLJ4225
B.K. Sharma, J.1. This is an appeal against the judgment and order dated 5-10-1979, passed by Sri C.B.C. Mishra, the then Judicial Magistrate, Mirzapur in Criminal Case No. 412 of 1978 under Sections 420/406 IPC, Police Station Vindhyachal District Mirzapur, whereby he acquitted the accused-respondent of the offences under Sections 420/406 IPC.2. I have heard the learned A.G.A. and the learned counsel for Siya Ram accused respondent and have also gone through the record.3. The informant in this case was Karimullah. The prosecution case was that the informant Karimullah was the owner of the Truck No. UPG-2244 whose chassis No. 3420029608219 was. having purchased it on 27-7-1977 from M/s. Agrawal Sangam Finance Co., Allahabad under a hire purchase agreement, that on 10-10-1977 at 8 a.m. he had entrusted the said truck to Siya Ram accused-respondent for taking to the workshop of Gama mechanic and get it repaired, that the accused-respondent not having returned with the truck, after waitin...
Bhairav Lal Verma Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Oct-17-1997
Reported in: [1998]230ITR855(All)
R.A. Sharma, J.1. A Division Bench has referred these two petitions to a Full Bench 'to decide as to the meaning of the word 'voluntarily' in Section 273A of the Income-tax Act, 1961, and Section 18B of the Wealth-tax Act, 1957, and in particular to decide whether a disclosure subsequent to search and seizure is necessarily a non-voluntary disclosure'.2. The petitioners in both the writ petitions have challenged the orders passed by the Commissioner of Income-tax under Section 273A of the Income-tax Act (hereinafter referred to as 'the Act') rejecting their applications for waiver of penalty.3. Learned counsel for both the parties have stated that Sections 271 and 273A, as they were before April 1, 1989, on which date they were amended, will apply to the present cases, because the petitioners in both the cases have made the disclosure and applications for waiver of penalty before the said date. The relevant parts of unamended Sections 271 and 273A are reproduced below :'271. Failure to...
Paras Nath Kurmi Vs. the Sessions Judge and ors.
Court: Allahabad
Decided on: Oct-17-1997
Reported in: II(1998)DMC265
P.K. Jain, J.1. Heard Mr. Faujdar Rai, learned Counsel for the petitioner.2. Notices were sent to the respondent No. 3, Smt. Kamli, through registered post which have not been received back served or unserved. Service upon respon- dent No. 3 is being deemed sufficient. No counter affidavit has been filed by respondent No. 3.3. Present petition has been filed by the husband challenging the judgment and order dated 24.4.1997 passed by the Judicial Magistrate, Mau, awarding maintenance allowance to the respondent No. 3 at the rate of Rs. 400/- per month from 1.5.1991, the date of application and judgment and order dated 13th June, 1997 whereby petitioner's Criminal Revision No. 112 of 1997 was dismissed by the learned Sessions Judge and the judgment and order of the Trial Court was confirmed.4. The judgments and orders of the Courts below are challenged on the ground that the findings of fact arrived at by the Courts below are against the weight of evidence on record and that there was mu...
Paras Nath Kurmi Vs. Sessions Judge and ors.
Court: Allahabad
Decided on: Oct-17-1997
Reported in: 1998CriLJ1084
ORDERP.K. Jain, J.1. Heard Sri Faujdar Rai, learned counsel for the petitioner.2. Notices were sent to the respondent No. 3, Smt. Kamli, through registered post which have not been received back served or unserved. Service upon respondent No. 3 is being deemed sufficient. No counter affidavit has been filed by respondent No. 3.3. Present petition has been filed by the husband challenging the judgment and order dated 24-4-97 passed by the Judicial Magistrate, Mau, awarding maintenance allowance to the respondent No. 3 at the rate of Rs. 400/- per month from 1 -5-91, the date of application and judgment and order dated 13th June, 1997 whereby petitioner's criminal revision No. 112 of 1997 was dismissed by the learned Sessions Judge and the judgment and order of the trial court was confirmed.4. The judgments and orders of the courts below are challenged on the ground that the findings of fact arrived at by the courts below are against the weight of evidence on record and that there was mu...
Raja Ram Vs. Ivth Addl. Sessions Judge and ors.
Court: Allahabad
Decided on: Oct-17-1997
Reported in: 1998CriLJ3365
ORDERP.K. Jain, J.1. Heard Sri J. Habib, learned counsel for the petitioner and Sri Jitendra Pal, learned counsel for respondent No. 3.2. By the present writ the petitioner has challenged orders dated 20-192 (Annexure 1 to the writ petition), 22-1-92 (Annexure 4 to the writ petition), 6-10-95 (Annexure 7 to the writ petition) and 5-12-96 (Annexure to the writ petition).3. Respondent No. 3, Smt. Leelawati, claiming to be the wife of the petitioner filed a petition under Section 125 Cr. P.C. claiming maintenance allowance for herself and her minor daughter. The petitioner was served with the notice in the said case and filed written statement wherein he admitted marriage and birth of a child out of their wed-lock but he denied other allegations. He alleged that on 5-5-86 when the petitioner was working in his field, one Shyam Lal abducted Smt. Leelawati, regarding which he lodged a report on 7-5-86. The petitioner had made several attempts to bring the wife back to her matrimonial home b...
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