Court : Allahabad
Reported in : 1998(1)AWC513; (1997)3UPLBEC1862
O. P. Garg, J.1. These are two writ petitions in which common question of law and fact have been raised. It is, therefore, proposed to decide them together by this common judgment.2. Put briefly, the facts of the case are that Raja Ram Shukla, the petitioner in Civil Misc. Writ No. 35627 of 1995, who was Principal of Vinoba Inter College, Kamasin, district Banda was placed under suspension for reasons of financial irregularities, misconduct and insubordination by the Committee of Management (the petitioner in the Civil Misc. Writ No. 33649 of 1995) on 9.11.1992 pending departmental enquiry. A charge-sheet dated 22.11.1992 was served upon Sri Shukla. A supplementary charge-sheet dated 5.10.1993 was also issued to him. Sri Raja Ram Shukla submitted his replies to the two charge-sheets on 13.8.1993 and 25.10.1993. After conclusion of the enquiry, a report was submitted by the Committee of Enquiry on 30.1.1994. The Disciplinary Authority, i.e., the Committee of Management, issued a show ca...
Tag this Judgment!Court : Allahabad
Reported in : (1997)3UPLBEC2033
Om Prakash and R.K. Gulati, JJ.1. This special appeal is filed against the judgment dated 11-8-1997, passed by the learned Single Judge of of this court. The short grievance of the petitioner is that he having passed the High School, applied for the issuance of the High School certificate to the Principal of the relevant college, but he was informed by the Principal that High School certificate had not been received by him from the Secretary of the U.P. High School and Intermediate Board, Allahabad (U.P. Madhayamik Shiksha Parishad). Then the petitioner approached the Secretary, who informed the petitioner by his letter dated 17-7-1997 (Annexure-V to the writ petition) that the High School certificate had been sent to the Principal of the concerned college.2. This is how the petitioner is shuttling between the Secretary and the Principal to obtain the certificate.3. Relying on the Secretary's letter dated 17-7-1997 the learned Single Judge while dismissing the writ petition said the Se...
Tag this Judgment!Court : Allahabad
Reported in : (1997)3UPLBEC2210
O.P. Garg, J.1. These are two connected writ petition is in which common questions of facts and law are involved. They are, therefore, being disposed of together by this common judgment.2. Brief advertance of the fact is necessary One Babu Ram Misra who was a lecturer in Economics in the institution known as Nagar Palika Inter College, Mughalsarai, Varanasi, which is governed by the provisions of U.P. Intermediate Education Act, 21 and the U.P. Secondary Education Service Commission Act, 1982 was to be superannuated on 30th June, 1987 but on account of the orders of this Court in various writ petitions, he continued on the said post till 29-10-'i987 on which date the stay order was vacated. The vacancy so caused gave rise to a dispute between two rival claimants namely Ramdeo Prasad (Petitioner in writ petition NO. 21022 of 1994) who claimed promotion being the senior most teacher in L. P. grade having the requisite and essential qualification and the ether Sanjay Kumar Singh (Petition...
Tag this Judgment!Court : Allahabad
Reported in : 1998(1)AWC297
R.H. Zaidi, J. 1. By means of this writ petition filed under Article 226 of the Constitution of India, the petitioner has prayed for issuing a writ, order or direction in the nature of certiorari for quashing judgment and order dated 15.12.97 passed by the District Judge, Faizabad and judgment and decree dated 19.10.78, passed by the learned Additional Munsif, Akbarpur, District Faizabad.2. It appears that the Suit No. 239 of 1975 filed by the petitioner for permanent injunction was dismissed by the Additional Munsif, Akbarpur, District Faizabad on 19.10.78.3. Aggrieved by the judgment and decree passed by the trial court, petitioner preferred a belated appeal on 1.1.79 along with an application under Section 5 of the Indian Limitation Act which was supported by an affidavit, forcondonation the delay in filing the appeal. However, by judgment and order dated 15.12.79, District Judge, Faizabad dismissed the application filed under Section 5 of the Indian Limitation Act and also rejected...
Tag this Judgment!Court : Allahabad
Reported in : 1998(2)AWC851; (1998)1UPLBEC522
R. A. Sharma, J.1. Petitioner, who is an Assistant Registrar. Co-operativeSocieties, has filed this writ petition challenging the order, dated 15.6.1997 (Annexure-6 to the writ petition) whereby his transfer to Mathura was cancelled. This Court on 25.6.1997 granted time to the respondents to file counter-affidavit and passed interim order staying the operation of the impugned order. A counter-affidavit of Sri S. Singh, respondent No. 5, has been filed and the petitioner has filed rejoinder-affidavit in reply thereto. No counter-affidavit has been filed by other respondents.2. We have heard the learned counsel for the parties.3. By order dated 19.5.1997, the petitioner was transferred from Nainital to Agra. On 30.5.1997 he joined at Agra. On 31.5.1997 he was transferred from Agra to Nainital. He complied with the said order and joined at Nainital. However, on 9.6.1997 he was transferred from Nainttal to Mathura. Pursuant to the said order, he joined at Mathura. Subsequently vide impugne...
Tag this Judgment!Court : Allahabad
Reported in : AIR1998All235
ORDERD.C. Srivastava, J.1. This is tenant's revision under Section 25 of the Provincial Small Cause Courts Act against judgment and decree dated 30-5-1997 of IIIrd Addl. District Judge (JSCC) Aligarh, decreeing the suit of the landlord opposite party for eviction of the tenant-revisionist from the disputed accommodation.2. The disputed premises situate at Sadabad Gate Hathras was-in tenancy of the revisionist on monthly rent of Rs. 4285/-. Since monthly rent of this premises exceeded Rs. 2000/- per month, the plaintiff claiming exemption of the provisions of U.P. Act No. 13 of 1972 filed a suit for eviction after serving a registered notice dated 4-9-1995 of ejectment under Section 106 of Transfer of Property Act. The notice was served on 5-9-1995. Since the notice remained uncomplied with and possession of the premises was not delivered, the suit for eviction was filed.3. The suit was contested on the ground that U.P. Act No. 13 of 1972 is applicable to the premises in question. It wa...
Tag this Judgment!Court : Allahabad
Reported in : 1998CriLJ1985
N.S. Gupta, J.1. Lawrence John Dowser, aged about 35 years, who claimed to be a Science Graduate and was a Canadian national was found in possession of 7.700 grams of Heroin in Room No. 207 of Hotel Buddha Ram Katora, Police station Chetganj, District Varanasi, He was accordingly convicted under Section 21 of the N.D.P.S. Act and was sentenced to undergo R.I. for a period of the ten years and to pay a fine of Rs. One lac and in default of the payment of the same to further undergo R.I. for a period of two years vide Judgment and order dated 30-4-1994, passed by Sri Chandra Prakash, the then VIIth Additional Sessions Judge, Varanasi. Feeling aggrieved by the said judgment the appellant Lawrence John Dowser has come in appeal up before this Court.2. The prosecution claimed that R. K. Singh, P.W.I, who is then posted as Intelligence Officer at Narcotics Control Bureau, Varanasi received information on 14-5-94 to the effect that a Canadian national named Lawrence John Dowser was staying at...
Tag this Judgment!Court : Allahabad
Reported in : II(1997)DMC520
G.S.N. Tripathi, J.1. This is a revision Under Section 397, Cr. P.C. against the judgment and order dated 21.4.1994 passed by the Judge, Family Court, Bareilly in a petition Under Section 125, Cr.P.C, being Criminal Misc. No. 985 of 1992, Smt. Premwati v. Kunwersen, whereby the learned Family Court allowed the petition for maintenance to the wife and has awarded Rs. 300/- for her maintenance and Rs. 150/- for each of the four children w.e.f. 19.12.1992, the date of the petition.2. Smt. Premwati, O.P. No. 2 filed a petition Under Section 25, Cr. P.C. before the Family Court., Bareilly, in which she claimed that she is the wife of the revisionist Sri Kunwersen and out of this wedlock, four children were born to the couple. Thereafter, the revisionist deserted her. She is unable to maintain her, whereas, the revisionist gets more than Rs. 2500/- p.m., being an employee of the Railway Deptt. He has failed to maintain her.3. The written statement filed by the revisionist dated 16/17.9.1992,...
Tag this Judgment!Court : Allahabad
Reported in : 1998CriLJ2064
Kundan Singh, J.1. The aforesaid appeals have been preferred by Dharmendara Singh, Narendra, Gopal, Sanjeev, Pushpendra and Jagvir Singh against the common judgment and order dated 5-12-1996 of Sri Dhani Ram, the then Special Judge/Additional Sessions Judge, Aligarh, in S.T. No. 1314 of 1994 whereby Dharmendra Singh, Narendra Yadav, Sanjeev, Jagvir, Pushpendra and Gopal have been convicted under Sections 148, 302, I.P.C. Dharmendra and Narendra have been sentenced to two years R.I. under Section 148, I.P.C. and they have also been sentenced to death by hanging them till their death under Section 302, I.P.C. Appellant Jagvir, Pushpendra, Sanjeev and Copal a have also been convicted under Sections 148 and 302, I.P.C. and they ,have been sentenced to undergo imprisonment for life under Section 302, I.P.C. and R. I. for two years under Section 148, I.P.C.2. The Lower Court has also referred the matter for confirmation of death sentence awarded to Dharmendara Singh and Narendra Yadav by han...
Tag this Judgment!Court : Allahabad
Reported in : 1998CriLJ2084
Kundan Singh, J.1. This appeal has been preferred by the appellants Mukut Singh, Ram Kumar and Sri Pal Singh against the judgment and order dated 22-5-1979 passed by Sri Sachidanand, Sessions Judge, Shahjahanpur, whereby he convicted and sentenced each of them under Section 302/34 and Section 201/34, I.P.C. to life imprisonment and 7 years rigorous imprisonment, respectively, in Sessions Trial No. 580 of 1978 making both the sentences to run concurrently.2. The prosecution case, in brief, is that Lakhan, uncle of Mukandey Gadariya, resident of village Sikanderpur Kalan within police station Jalalabad, district Shajhahanpur was abducted by Sripal Singh, Mukut Singh appellants and Jhinguri and others and got a sale deed of his land executed from him forcibly in favour of the wife of Sripal Singh and Jhinguri. When the incident of abduction was reported to the police, Mukandey and others were challaned under Section 107, C.P.C. Mukandey filed a criminal complaint against Sripal Singh, Muk...
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