Allahabad Court July 1997 Judgments
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Ram Dhani Prasad Vs. Excise Commissioner, Allahabad and Others
Court: Allahabad
Decided on: Jul-14-1997
Reported in: 1998(1)AWC552
G.P. Mathur and Dr. B.S. Chauhan, JJ.1. This petition has been filed for quashing the proceedings initiated against the petitioner to recover the dues of the excise department.2. Paras Nath Dubey and Rama Kant Pandey, respondent Nos. 5 and 6 were granted licence in Form FL 5 and the right to vend foreign liquor at Laldarwaja in the city of Ghazipur was settled in their favour by means of an auction held on 24.3.1997. They moved an application on 15.11.1979 before the Collector. Ghazipur praying that they may be permitted to take the petitioner Ram Dhani Prasad as a partner for the sale of foreign liquor at Laldarwaja as on account of several other contracts, they were finding it difficult to run the business properly. In this application, an endorsement was made by the petitioner that he was willing to become a partner along with respondent No. 5. This endorsement was also signed by the petitioner. A report was given by the Excise Inspector to the District Excise Officer that under Rul...
Hari Om Gupta Vs. District Inspector of Schools, Moradabad and Others
Court: Allahabad
Decided on: Jul-14-1997
Reported in: 1998(1)AWC570
Sudhir Narain, J.1. As common questions of law and facts are involved in these writ petitions, they are being disposed of together.2. The core question is whether the petitioner shall retire at the age of 58 years or 60 years.3. The facts in brief are that the petitioner was appointed as lecturer in Biology on 5th July. 1964 in Maharaj Agrasen Inter College, Moradabad (hereinafter referred to as the 'institution'). His date of birth is 31st July. 1939. On 30.6.1990 Sri B. P. S. Agarwal, the Principal of the institution retired from service. The petitioner was appointed as officiating Principal being the seniormost lecturer in the institution. The U. P. Secondary Education Service Commission (hereinafter referred to as the ('Commission') advertised the post of Principal treating the vacancy as substantive vacancy. The petitioner applied for appointment and was selected by the Commission. On 29.8.1996, an appointment letter was issued by the Manager of the institution appointing him as P...
Kailash Raj Vs. Basic Shiksha Parishad, Allahabad and Others
Court: Allahabad
Decided on: Jul-14-1997
Reported in: 1998(1)AWC685
D.K. Seth, J.1. The petitioner was suspended by an order dated 25.11.1993, Annexure-3 to the writ petition, on the ground that the charge-sheet has been filed against the petitioner in connection with a case pending before the learned District and Sessions Judge. Saharanpur pursuant to an enquiry by the U. P. Vigilance Department, Dehradun. Sri. R. K. Awasthi, learned counsel for the petitioner contends that Rule 4 of the U. P. Basic Education Staff Rules, 1973, by which the petitioner is governed, does not contemplate suspension on such ground. Therefore, according to him, the order is void and is liable to be quashed inasmuch as neither any enquiry is contemplated nor any enquiry is proceeding. Sri Shukla, learned counsel for the respondents, very fairly contends that no departmental enquiry is pending against the petitioner nor was it being proceeded with.2. Rule 4 of the said Rules Indicates that a person against whose conduct an inquiry is contemplated of is proceeding may be plac...
Krishi Utpadan Mandi Samiti Vs. BipIn Kumar and Another
Court: Allahabad
Decided on: Jul-14-1997
Reported in: 2000(3)AWC1980
R.N. Ray, J.1. The bunch of First Appeal Nos. 114/95, 115/95 116/95 and 119/95 are taken up together for hearing.2. Appeal No. 117 of 1995 is taken up for hearing along with the bunch of other aforesaid first appeals.3. The lands acquired in respect of these appeals are more or less of same type of land and adjacent to each other and the lands were acquired by notification under Sections 4 and 6 of the Land Acquisition Act. In all these appeals the defendant-appellant Krishi Utpadan Mandi Samiti, Sahaswan, district Badaun through its secretary has preferred these appeals against the Judgment and decree passed by Land Acquisition Tribunal Judge, Sri Naval Singh. IVth Additional District Judge, Badaun. The instant appeal has been preferred against the Judgment and order passed in Reference No. 5 of 1991 decided on 19.10.1994. All those lands measuring 266 square metres were acquired for the purpose of marketing complex by the Land Acquisition Collector vide his notification under Section...
Hi-tech Gears Ltd. Vs. Yogi Pharmacy Ltd. and ors.
Court: Allahabad
Decided on: Jul-14-1997
Reported in: [1998]94CompCas250(All)
A.K. Banerji, J. 1. By means of the aforesaid petition filed under Sections 433, 434 and 439 of the Companies Act, 1956 (hereinafter referred to as 'the Act'), the petitioner, Hi-Tech Gears Ltd. ('the petitioner' in short), has sought the winding up of the company, Yogi Pharmacy Limited, having its registered office at Gurukul Kangri District Hardwar ('the respondent-company' in short) on the ground that the company is unable to pay its debts and should be wound up by this court.2. The petitioner's case in brief is that it is a public limited company engaged in carrying on the business of manufacturing, buying and selling automobile parts, accessories, machinery and other ingredients. On the request made by the respondent-company the petitioner advanced a sum of Rs. 40 lakhs to the said respondent as intercorporate deposit for a period of three months on an interest of 22 per cent. per annum. To secure payment the respondent-company executed documents details of which are mentioned in ...
Mandi Samiti, Through Its Secretary and Ramendra Nath Vs. Mandi Samiti ...
Court: Allahabad
Decided on: Jul-14-1997
Reported in: (1997)3UPLBEC1545
B.K. Singh, J.1. This review petition has been preferred by the petitioner Mandi Samiti, Sultanpur against the judgment dated 18 January 1989, Reported in (1988) 1 UPLBEC 371 (LB) (FB). passed by a Lamer Bench consisting of three Hon'ble Judges. By the judgment impugned in the review petition three writ petitions were finally decided One of the writ petitions was writ petition No. 2692 of 1979. Ramchandra Nath v. Mandi Samiti, Sultanpur and Anr. The other two writ petitions were writ petition No. 3565 of 1979 and writ petition No. 745 of 1980 The Larger Bench by its judgment dated 18 January, 1989 [(Reported in (1989) 1 UPLBEC 371 (LB FB)] had allowed the writ petitions and quashed the termination orders which were the subject matter of challenge in all the three writ petitions.2. Aggrieved by the judgment the respondent in the writ petition had preferred Special Leave Petitions before the Supreme Court. The Special Leave Petition filed in the case of Ramchandra Nath was got dismissed ...
Meeta Harijan and ors. Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Jul-14-1997
Reported in: 1998CriLJ119
1. Being aggrieved by the judgment and order, dated 18-1-1980, of sentence passed by Sri J. B. Singh III Additional Sessions Judge, Mirzapur, in S.T. No. 86/79, the appellants have preferred this appeal. The said judgment was pronounced on 18-1 -80.2. Accused appellants Meeta Harijan and accused Dukharan Harijan has been charged under Section 302, IPC, while other accused persons have been charged under Section 302, I.P.C. read with Section 34, I.P.C. for committing the murder of Parsadhu son of Ramdas at about 1.30 a.m. on the night between 15th and 16th of March, 1978 near his northern verandah at village Ban Imilia, P. S. Aharaura, District Mirzapur.3. The prosecution case is that: accused persons developed enmity with the deceased. Accused Meeta Harijan and accused Neeta Harijan are the two real brothers and they are the residents of village Ban Imilia, while Prabhoo Harijan is the Pradhan of the said village and accused Dukharan Harijan is a resident of the same village and is a m...
Gurdayal Saran Prasad Vs. District Judge, Dehradun and Others
Court: Allahabad
Decided on: Jul-13-1997
Reported in: 1998(1)AWC174
J. C. Gupta, J.1. Heard the petitioner's counsel as well as Sri Shakti Swaroop Nigam for the respondents.2. By means of this writ petition the petitioner has challenged the order of the Additional District Judge dated 1.7.81 whereby petitioner's suit for ejectment and mesne profit has been dismissed.3. Undisputedly petitioner filed suit for rent and ejectment after serving a notice under Section 106 of the Transfer of Property Act on respondent No. 3 whereby her tenancy was terminated. The trial court decreed the suit for rent as well as for ejectment. The revisional court, however, set aside the judgment of the lower court so far as it related to the decree of ejectment.4. The only point for consideration in this writ petition is whether the notice under Section 106, Transfer of Property Act served by the petitioner on the respondents was a valid notice. The revisional court has taken the view that since it was admitted to the petitioner-landlord himself that during the life time of h...
Jugal Kishore and Others Vs. State of U.P., Through Collector, Padraun ...
Court: Allahabad
Decided on: Jul-11-1997
Reported in: 1998(1)AWC86
R.H. Zaidi, J. 1. Heard learned counsel for the petitioner and learned standing counsel and also perused the record of the case.2. By means of this petition, petitioners pray for a writ order or direction in the nature of mandamus commanding the respondents not to dispossess them from plot No. 103 (area .29 acre) plot No. 501 (old) area .29 acre, situated in village Chhahun Tappa Jhankaul, Pargana Sidhuwa Jobna. Tahsil Kasia, district Padrauna, till the objection filed by them under Section 11 (2) of the U. P. Imposition of Ceiling on Land Holdings Act, for short the Act is decided.3. It appears that petitioners filed objections under Section 11 (2) of the Act in the ceiling proceedings initiated against them before the Prescribed Authority. They have also applied for interim relief, but no orders were passed by the Prescribed Authority on the said application for interim relief. Consequently, petitioners have approached this Court and filed the present petition.4. Time was granted to ...
Ram Nihor Sharma Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jul-11-1997
Reported in: 1998(1)AWC313
R.A. Sharma, J. 1. Petitioner is a Cadre Secretary belonging to the Centralised Service created by U. P. Primary Agricultural Co-operative Credit Societies Centralised Service Rules, 1976 (hereinafter referred to as Rules). By order dated April 4, 1997 he has been informed that he will retire on June 30, 1997, on which date he completes 58 years of age. Being aggrieved by the said order, he has filed this writ petition with the following averments :2. Petitioner joined a Co-operative Society in 1963 as an Accountantunder a contract. On 22.2.1966, a settlement (contract) was arrived at between theCo-operative Societies and their Employees Union of which the petitioner was amember, under which the age of retirement of the employees like the petitionerwas fixed at 60 years. There is neither any fresh settlement nor any award norany legislation altering the said settlement. Therefore, he is entitled to continuein service upto the age of 60 years.3. The sole contention of Sri B.N. Chaturved...
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