Allahabad Court November 1998 Judgments
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S.N. Pandey Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-06-1998
Reported in: (1999)1UPLBEC433
S.H.A. Raza, J.1. By means of this writ petition the petitioner has assailed the order of dismissal dated 20-4-1978.2. The petitioner was appointed as Cooperative supervisor somewhere in the year 1961. At the relevant time i.e., August, 1976 the petitioner was working as Seed Store Incharge- cum-Supervisor Sahkari Sangh, Raniwa, District Faizabad (now Ambedkar Nagar). During the period 6-10-1976 to 10-10-1976 Sri M.M. Ansari, Additional District Cooperative Officer, Akbarpur, Faizabad made an inspection of the said Seed Store. In pursuance of the said inspection, one Sri Ganai Ram Chaudhary, Assistant Development Officer Cooperative Societies, Faizabad lodged a First Information Report on 25-11-1976 at 12.10 Hrs. at Police Station Gosaiganj, District Faizabad under Section 409 I.P.C. against the petitioner in which it was alleged that the petitioner committed a breach of trust to the tune of Rs. 51,358.36.3. Even prior to lodging of the said First Information Report the petitioner had ...
Parma Pandey and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Nov-06-1998
Reported in: 1999CriLJ1348
ORDERO.P. Jain, J.1. This writ petition is directed against the revisional judgment dated 29th September, 1998 by District and Sessions Judge, Mau who has dismissed the revision filed by the petitioners.2. The relevant facts of the case are that respondent No. 2 Vijai Bahadur Pandey filed a criminal complaint against the present petitioners under Sections 463, 464, 467, 468, 420 and 379, I.P.C. It was alleged in the complaint that on 27th April, 1981 the accused persons obtained the thumb impression of one Sheo Pujan Pandey on a piece of paper and a forged Will was fabricated by the accused persons. This forged Will, it is alleged, was produced by the accused persons in mutation proceedings and later on in a civil suit instituted in the year 1996. It was also alleged in the complaint that the Will was stolen from the record of Revenue Court by the accused persons. The complaint was filed in the Court on 11th August, 1997.3. The learned Magistrate summoned the accused by his order dated...
Sita Ram Yadav Vs. State of U.P. and Another
Court: Allahabad
Decided on: Nov-05-1998
Reported in: 1999(1)AWC447; (1999)1UPLBEC593
B.K. Roy and R.K. Singh, JJ.1. According to Sri Krishan Ji Kharr, learned counsel for the petitioner, the real prayer of the petitioner is to quash the communication made by the Joint Secretary and Joint Legal Remembrancer, Government of Uttar Pradesh to the District Magistrate, Ghazipur informing him that he has been directed to communicate that in regard to his recommendation made under Clause 7.08 of the Legal Remembrancer's Manual, it has been decided after thorough thinking that the services of Sri Sita Ram Yadav (the petitioner) as Assistant District Government Counsel (Civil) will not be extended and, thus, Sri Yadav be relieved immediately (as contained in Annexure-5 to this writ petition).2. Sri Khare, with reference to the decision of the Apex Court in Kumari Shrilekha Vidyarthi v. State of U. P. and others, (1990) 2 UPLBEC 1174, contended that the order impugned is arbitrary inasmuch as the recommendations made by the District Magistrate and the District Judge concerned were...
Madan Lal Sharma Vs. Divisional Forest Officer, Lakhimpur Kheri and An ...
Court: Allahabad
Decided on: Nov-03-1998
Reported in: 1999(1)AWC229
D.S. Sinha, J.1. Heard Shri Vijay Shri Sinha, holding brief of Shri T. P. Singh, learned counsel of the petitioner and Shri Vinay Malaviya. learned standing counsel, representing the respondents.2. The order dated 16th August, 1990 passed by the Divisional Forest Officer. Lakhimpur Kheri, respondent No. 1, a copy whereof is Annexure-5 to the petition, revoking the licence of the petitioner granted to him under the provisions of Uttar. Pradesh Establishment and Regulation of Saw Mills Rules. 1978 (hereinafter called the Rules), is under challenge in this petition under Article 226 of the Constitution of India.3. The sole ground for assailing the impugned order canvassed by the learned counsel for the petitioner is that the impugned order was passed without affording any opportunity to the petitioner to explain his conduct and safeguard his interest.4. The requisite averments in support of the ground of attack are to be found in paragraph 14 of the petition which reads as below :'That by...
Anupam Sari Centre and Others Vs. Collector, Padrauna and Others
Court: Allahabad
Decided on: Nov-03-1998
Reported in: 1999(1)AWC237
M.L. Singhal, J.1. Through these various writ petitions, the petitioners have challenged the right of the opposite party Banks to realise the amount of loan taken by the petitioners, as arrears of land revenue under the provisions of Section 3 of the Uttar Pradesh Public Moneys (Recovery of Dues) Act. 1972 (hereinafter referred to as the Recovery of Dues Act only), and have prayed for quashing the Citation, issued by the opposite party district authorities. Since the controversy involved in all these writ petitions is the same, hence all the writ petitions are disposed of together.2. We have heard S./Shri Ranjit Saxena, Rajendra Kumar Mishra. N. S. Chahar. Ashok Bhushan, Ran Vijai Singh, P. N. Mishra and S. N. Srivastava. learned counsel for the petitioners, and S./Shri Sharad Verma, V. K. Goel. Ajai, Rajendra Prasad Gupta, Sachin Mohan, K. L. Grover. Ashish Bhattacharya, S. P. Srivastava and the Chief Standing Counsel, learned counsel for the respondents.3. In Writ Petition No. 953 of...
Rajesh Kumar Vs. Sahuji Maharaj Kanpur University and Others
Court: Allahabad
Decided on: Nov-03-1998
Reported in: 1999(1)AWC325
O. P. Garg, J.1. It is anunfortunate case where a brilliant student of Post Graduate class has been tossing about to ventilate his legitimate grievance. All the entreaties made by him had fallen flat on the deaf ears of the swollen headed authorities of the concerned college and University. A brilliant student who should have devoted his time and energy to prepare for his examination in cool and calm atmosphere was driven unnecessarily to take recourse to legal proceedings as the authorities had adopted a recalcitrant and obdurate attitude to persist in their adamancy in not allowing the petitioner to appear in the examination. These remarks are more on account of anguish rather than anger which may well be conceived in the backdrop of the following facts.2. Rajesh Kumar who has been throughout the first class student having secured first division in High School, Intermediate and B. Sc. examinations, appeared in entrance lest for admission in M.Sc. for the academic session 1995-96 cond...
Mathura Zila Sahkari Bank Ltd. Vs. Uppar Shram Ayukta, Agra and Others
Court: Allahabad
Decided on: Nov-03-1998
Reported in: 1999(1)AWC462; [1999(81)FLR658]
S.R. Singh, J.1. This petition under Article 226 of the Constitution of India is directed against the order/ recovery certificate dated 19.9.1998 (Annexure-4 to the writ petition) issued by - the Additional Commissioner, Agra Kshetra, Agra In exercise of powers under Section 6H of the U. P. Industrial Disputes Act, 1947 on application moved on behalf of the Co-operative Bank Staff Association. 97 Shastri Nagar, Kirti Nagar, Mathura--an association of employees of the Mathura Zila Sahkari Bank Ltd., Mathura for recovery of a sum of Rs. 5,75.059.79. The impugned recovery certificate purports to have been issued for the recovery of the money due to 113 employees/workmen of the Mathura Zila Sahkari Bank under a settlement arrived at between the petitioner (Management of the district Co-operative Bank Ltd., Mathura) on one hand and the workmen represented by U. P. Bank Employees Union, Central Office, Subhash Road. Aligarh on the other In adjudication case No. 53 of 1963. The money claimed ...
Chawla Home Products (P.) Ltd. Vs. State of U. P. and Others
Court: Allahabad
Decided on: Nov-03-1998
Reported in: 1998(4)AWC382
D. S. Sinha, J.1. Heard Sri Jai Kishan Tewari, holding brief of Sri Shashi Nandan, learned counsel of the petitioner and Sri Ashok Kumar Shukla, learned counsel representing the respondents.2. By means of this petition under Article 226 of the Constitution of India, the petitioner prays that this Court may issue a writ, order or direction in the nature of mandamus directing the respondents not to enforce against him the provisions of the Uttar Pradesh Scheduled Commodities Dealers (Licensing and Restriction of Hoarding) Order, 1989, (hereinafter called the Order) and to restrain the respondents from interfering with hfs business of manufacturing the foodstuff known as DALMOT.3. Indisputably, the petitioner purchases foodgrains, pulses and oilseeds and after mixing the same in specified quantities, manufactures DALMOT.4. The petitioner contends that inasmuch as he is not engaged in the business of purchase or sale of any scheduled commodities, he would not be subject to the provisions o...
Mool Chand Vs. Sanwat Ram and Another
Court: Allahabad
Decided on: Nov-03-1998
Reported in: 1998(4)AWC715
R.H. Zaidi, J.1. This is plaintiffs second appeal arising out of suit for specific performance of agreement of sale dated 23.2.1968, for recovery of damages for use of machinery in question and also for pendents lite and future damages and is directed against the judgment and decree dated 21.7.1981 passed by the Additional District Judge, Lucknow.2. The facts of the case giving rise to the present appeal, in brief are that Original Suit No. 86 of 1974 was filed by the plaintiff-appellant pleading that father of the plaintiff Shri Ved Prakash was the owner of 21 Durvijai Ganj, Aminabad Road, Lucknow, and he used to run Soap business on the ground floor of the said premises. The said business was not yielding profits, he, therefore, entered into partnership with the defendants-respondents to run Oil Mill and Flour Mill in the said premises in the name and style Ashok Oil and Flour Mill. It was pleaded that plaintiff purchased the said premises from his father in the name of Shri Indra Ch...
Jamuna Prasad Vs. Xith Additional District Judge, Allahabad and Others
Court: Allahabad
Decided on: Nov-02-1998
Reported in: 1999(1)AWC449
O.P. Garg, J.1. Heard Sri R. K. Gupta learned counsel for the petitioner who was one of the plaintiffs in Suit No. 157 of 1987. The order dated 14.9.1998 passed by Sri A. K. Kakkar, XIth Additional District Judge, Allahabad on a review petition has been challenged.2. The petitioner Jamuna Prasad who is the guardian of Sri Ram, a person of unsound mind had filed Suit No. 157 of 1987 as next friend in which the reliefs of cancellation of sale deed dated 20.6.1986 executed in favour of respondent Nos. 2 and 3 as well as of permanent injunction were claimed. With the filing of Suit No. 157 of 1987, an application for temporary injunction was moved which was allowed by the trial court after hearing the parties on 10.4.1987. Against this order of temporary injunction, the defendant Nos. 2 and 3 filed a Misc. Civil Appeal No. 153 of 1987 which was dismissed by Sri A. K. Kakkar, on 26.8.1998 on merits. It appears that defendant respondent Nos. 2 and 3 filed a review application No. 64 of 1998 ...
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