Allahabad Court October 1998 Judgments
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Virendra Kumar Srivastava Vs. State of U.P. and Others
Court: Allahabad
Decided on: Oct-13-1998
Reported in: 1998(4)AWC630
D. K. Seth, J.1. The petitioner was engaged on daily wage basis as a Junior Engineer in the Nagar Palika. Jaunpur. He worked some time in December. 1993. There was an advertisement published for recruitment for Junior Engineer, civil prescribing the age between 21 and 30 years with the stipulation that the period may be relaxed to the extent of 7 years maximum if a candidate has worked in any civil centralised service or the Palika to the extent of the period of service he has rendered continuously- Such a proviso was appended to the advertisement itself- This provision was in commensurate with Rule 9 proviso 1 of Part IV U. P. Palika (Centralised)Service Rules. 1966. The date of birth of the petitioner is not in dispute as being 2.11.1954 which calculates to 31 years 2 months as of LI.1986 being the cut off date provided in the said advertisement. If the petitioner has worked from December, 1983 till 1.2.1986. It will be exactly 2 years and a few days. If the two years is adjusted the...
Smt. Musarrat Shaheen Vs. Mohd. Daud and Another
Court: Allahabad
Decided on: Oct-12-1998
Reported in: 1999(1)AWC30; I(1999)DMC613
S.K. Phaujdar, J. 1. The instant habeas corpus petition was filed by Sri Alimuddin on behalf of Smt. Musarrat Shaheen upon a claim that the lady was his wife and she was being detained illegally by her father and brother. It was asserted in the application that Smt. M. Shaheen was aged about 19 years on the date of filing of the application (January, 1997) and she was the legally wedded wife of Alimuddin Khan. It was stated that Alimuddin had been a permanent resident of the district of Siddhartha Nagar but was now staying in Calcutta in connection with his livelihood. He developed intimacy with M. Shaheen and their marriage was performed at Nakhuda mosque, Calcutta, under the Special Marriage Act at Siddhartha Nagar. On 2.4.1997 she came to Siddhartha Nagar along with Alimuddin and started living there permanently. On 1st June, 1997, respondent No. 2 [Yaser Arafat) brother of the girl, came to Siddhartha Nagar and took her away to Calcutta on the pretext of illness of her father. Mohd...
Jagdish Prasad and Others Vs. Maharaj Kashi Raj Dharam Karya Nidhi and ...
Court: Allahabad
Decided on: Oct-12-1998
Reported in: 1998(4)AWC642
Sudhir Narain, J.1. This writ petition is directed against the order dated 18.11.1981 passed by the Rent Control; and Eviction Officer declaring the disputed premises as vacant and thereafter the order of release dated 30.1.1982 in favour of the landlord respondent and the order of the revisional authority dated 21.7.1982 affirming the said order in revision.2. The dispute relates to the house known as Jamuna Mahal, Katghar, Allahabad, Maharaj Kashi Raj Dharam Karya Nidhi, Durg Ram Nagar, Varanasi was its owner. One Mangala Prasad on behalf of respondent No. 1 filed an application for release of the disputed accommodation alleging that the petitioners are unauthorised occupants of the various portions of the house in question. Ramesh Chandra, Manager of the trust, respondent No. 1, appointed as caretaker Rama Shankar Lal Srivastava on 26.4.1979 on monthly salary of Rs. 150 but he was not given any power to induct any tenant. The property was to be utilised for the purpose of the trust....
Shantanu Awasthi Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Oct-12-1998
Reported in: (1999)1UPLBEC312
S.H.A. Raza, J.1. The matter pertains to admission to combined test of engineering examination in the State of U.P. According to the rules the admissions have to be made strictly on merit. The petitioners position in merit list was 3212. As his merit was lower in comparison to the candidates who were given free or payment seats. He under the N.R.I, quota was admitted in the Engineering College at Lucknow. His grievance appears to be is that one Ms. Garima Johri who belonged to Armed Forced Category and her position in the merit list was 7623 wad admitted in Moti Lal Nehru Engineering Collage at Allahabad, which could not have been done as she was lower in merit in comparison to the petitioner who was not found to be adjusted in Armed Forces Category because he was lower in merit in that category. She was called for counselling on 17.8.1998. There she opted in N.R.I, category and was allowed admission in Moti Lal Nehru Engineering College, Counselling of the petitioner took place on 18....
Ram Gopal and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Oct-12-1998
Reported in: 1999CriLJ1865
J.C. Mishra, J.1. These references have been made in the above cases to resolve the conflicting decisions of the Single Benches on the controversy, whether a person, who was not an accused in a case, can be summoned under Section 319 of Code of Criminal Procedure on the strength of uncross-examined evidence of a witness/witnesses and without giving opportunity of cross-examination to the accused. The question formulated in the reference made by Hon'ble S. K. Phaujdar, J. in Criminal Misc. application No. 1823 of 1995 is incorporated below :Whether the term 'evidence' as used in Section 319 Cr.P.C. could only mean an evidence complete by cross-examination or if the court can take action under this section even on the statement made in examination-in-chief of one or other witnesses. 2. Similar reference was made by Hon'ble C, A. Rahim, J. in Criminal Revision No. 447 of 1997.The applicants Ram Gopal and Gajadhar in Criminal Misc. Application No. 1823 of 1995 were summoned by 1st Addition...
Abdul Rauf Khan Vs. Abdul Samad and Others
Court: Allahabad
Decided on: Oct-09-1998
Reported in: 1999(2)AWC939
R.H. Zaidi, J.1. This is plaintiff's second appeal, which arises out of a suit for permanent injunction and is directed against the judgment and decree dated 19.8.1998 passed by IInd Addl. District Judge, Bahraich.2. It appears that the plaintiff-appellant filed a suit for permanent injunction prohibitory and mandatory. It was pleaded that the land in dispute (plot No. 771 measuring. O48 hectare) was allotted to him by the Land Management Committee of Gram Sabha on 24.8.1977, he was, on the basis of the said allotment, owner in possession of the land in dispute but on account of his poverty, he could not construct his residential house on the land in dispute that the defendants have forcibly occupied the land in dispute.Plaintiff asked the defendants to vacate the land in dispute ; but in vain, hence the suit.3. The suit was contested by the defendants-respondents who have denied the plaintiffs claim. It was pleaded that the plaintiff had no right to file the suit as he was neither the...
A.P. Verma, Principal Secretary, Medical Health and Family Welfare, U. ...
Court: Allahabad
Decided on: Oct-09-1998
Reported in: 1998(3)AWC2264; (1998)3UPLBEC2333
G.P. Mathur, J.1. This contempt appeal has been preferred against the judgment and order dated 29.5.1997 of a learned single Judge in Civil Misc. Contempt Petition No. 955 of 1993. In the contempt petition Smt. Sumita Khandpal. Principal Secretary, Medical Health and Family Welfare and Dr. P. D. P Mathur Director General, Medical Health and Family Welfare were arrayed as opposite parties. In April, 1997, Smt. Sumita Khandpal was transferred and Sri A. P. Verma took over as Principal Secretary, Medical Health and Family Welfare. Dr. P. D. P. Mathur retired soon after filing of the contempt petition and Dr. H. C. Vaish was officiating as Director General. Medical Health and Family Welfare at the time of filing of the appeal. Therefore, the present appeal has been filed by Sri A. P. Verma and Dr. H. C. Vaish and not by those who were arrayed as opposite parties in the contempt petition.2. U. P. Laboratory Technicians Association and two others filed Civil Misc. Writ Petition No. 8345 of 1...
Rajesh Kumar Mishra Vs. Regional Secretary, Board of High School and I ...
Court: Allahabad
Decided on: Oct-09-1998
Reported in: (1998)3UPLBEC2372
O.P. Garg, J.1. The petitioner appeared in High School Examination, 1997 as a private candidate with Roll No. 1847182. His result has been withheld on the ground that the petitioner had not deposited the examination fee within time though the Examination form was duly forwarded to respondent-Board by the Principal of Chandra Devi Shiksha Niketan Uchchatar Madhyamic Vidyalaya, Pokhari, Hardoi.2. After having heard the learned Counsel for the parties I find that the result of the petitioner has been withheld on mere hypertechnical ground. The learned Counsel for the petitioner pointed out that the petitioner did deposit the requisite fee but due to gravity of circumstance he is again prepared to deposit the requisite fee if it is found necessary.3. This writ petition is finally disposed of with the direction that the respondent No. 1 shall declare the result of the petitioner of High School Examination, 1997 unmindful of the fact that his fee was deposited well In time or not. In case th...
Jeet Singh Bisht Vs. State of U.P. and Others
Court: Allahabad
Decided on: Oct-08-1998
Reported in: 1999(1)AWC22
R.K. Mahajan, J.1. The petitioner is running a flour mill at Gairsan. District Chamoli. The petitioner has been making complaints to the respondents, i.e., local electrical authorities at Gopeshwar that there is excessive billing since 1992. The petitioner's grievance was that his meter was defective and the meter be replaced. Repeated applications were given and we need not refer the details of the applications. Ultimately meter was changed and a new meter was replaced. The earlier meter was found running fast by 10%. The petitioner was not satisfied and he deposited charges from April, 1992 to August, 1994, i.e., Rs. 26.053.80 paise and requested the authorities to correct the bills from April. 1992 to August 1994. The petitioner alleges that no correction was made but the power connection was disconnected on 7.11,1994. Despite requests made and applications filed, the connection was not restored. On 10.6.1996. Tehsildar, Karanprayag issued notice to the petitioner to pay entire arre...
Padam Kumar Rastogi Vs. Ghaziabad Zila Sahkari Bank Ltd. and Others
Court: Allahabad
Decided on: Oct-08-1998
Reported in: 1999(1)AWC503
S.H.A. Raza, J.1. In Uirendra Pal Singh and others v. District Assistant Ragistrar, Co-operative Societies, Etah and another. 1980, UPLBEC 202, Hon'ble Supreme Court observed :'That though the age of retirement of employees of some of the co-operative societies was originally 60 years under the U. P. Co-operative Societies Employees Service Regulations, the age of retirement has now been made 58 years. We are unable to see any force in this submission. Regulation 24 (ii) itself provides that if before the coming into operation of the Regulations the society had entered into any contract with an employee on the date of his employment whereby he was entitled to continue beyond 58 years. The rule of retirement at the age of 58 years shall not apply and the age of retirement shall be governed by the contract. Therefore, if in any case there is a contract between a Cooperative Society and an employee entered into before the Regulations came into force stipulating the age of retirement as 60...
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