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Allahabad Court November 1998 Judgments

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Nov 27 1998

Committee of Management, Shiksha Pracharini Sabha and anr. Vs. U.P. Zi ...

Court: Allahabad

Decided on: Nov-27-1998

Reported in: (1999)1UPLBEC756

Aloke Chakrabarti, J.1. On 18-8-1991 election of management of Shiksha Pracharini Sabha, Shikarpur, District Bulandshahr (hereinafter referred to as 'Society') was held in which late Shambhoo Nath Garg was elected as Manager alongwith other office bearers and members of the body and papers relating to such election were sent to Deputy Registrar Firms, Societies and Chits alongwith covering letter dated 30-8-1991, The said Shambhoo Nath Garg expired on 15-2-1994 and General Body of the society on 28-2-1994 elected the petitioner No. 2 as Manager of the Society. It has been stated by the petitioner that next election was held on 18-4-1994 when petitioner No. 2 was elected as Manager. On 26-8-1995 the petitioner No. 2 applied for renewal of registration of the society before the respondent No. 2. The petitioners have stated that on the basis of certain forged and fictitious papers submitted by the respondent No, 4 on behalf of respondent No. 3, on 22-11-1996 the respondent No. 2 issued a ...


Nov 27 1998

Ajai Kumar Misra and ors. Vs. Secretary of Institutional Finance, U.P. ...

Court: Allahabad

Decided on: Nov-27-1998

Reported in: (1999)1UPLBEC140

S.R. Singh, J.1. The question that stems for consideration in these petitions listed for admission under the heading 'IG Registration Bunch, is as to whether the petitioners were entitled to be regularised in service as Registration Clerk qua the directions given by the Supreme Court in Khagesh Kumar and Ors. v. Inspector General of Registration, U.P. and Ors. JT 1995 (7) SC 542 : (1996) 1 UPLBEC 23 (SC). In some of the writ petitions, a further question has been brought to bear that in any case the petitioners were entitled to continue on daily wages till regular selections were made in the light of the directions given by the Apex Court in I.G. Reg v. Avdhesh Kumar JT 1996 (5) SC 365 : (1996) 3 UPLBEC 1744 (SC). Since the petitions are knit together by reason of common question of law being involved therein and also by reason of the facts being identical these petitions were grouped together and heard accordingly for a convenient disposal by a common judgment.2. It brooks no dispute ...


Nov 26 1998

Shiromani Kant Alias Mani Kant and Others Vs. Additional District Judg ...

Court: Allahabad

Decided on: Nov-26-1998

Reported in: 1999(1)AWC795

Sudhir Narain, J.1. This writ petition is directed against the order dated 8.10.1996 passed by the Prescribed Authority allowing the release application filed by the landlord-respondents under Section 21 (1) (a) of U. P. Urban Buildings (Regulations of Letting. Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) and the order of the Appellate Authority dated 31.5.1997 dismissing the appeal against the said order.2. Jagdish Singh was the landlord of the premises in question. He filed an application for release of the shop in question on the ground that he wants to settle his grandson. Alok Kumar, in business of general merchandise and for that purpose he bona fide requires the shop in question. During the pendency of the proceedings, Jagdish Singh, the landlord died and his heirs were substituted. He died leaving behind him four sons, namely. Ramesh Chand. Subhash Chand. Nek Chand and Manak Chand. An application for amendment to the application for release was filed and th...


Nov 26 1998

Bansal Brothers Vs. Xiiith Additional District Judge, Kanpur Nagar and ...

Court: Allahabad

Decided on: Nov-26-1998

Reported in: 1999(1)AWC798

Sudhir Narain, J. 1. This writ petition is directed against the order of the prescribed authority dated 31.3.1993 allowing the release application filed by the landlord and the order of the appellate authority, respondent No. 1, dismissing the appeal against the said order on 19.9.1996.2. The facts in brief are that respondent Nos. 3 and 4 filed application for release of the shop in question on the allegation that the petitioner is a tenant of the shop situate on the ground floor of building bearing number 76/469, Koolie Bazar, Kanpur Nagar. The landlord-respondents were engaged in the business of extraction of Sandal Oil and other ancillary products from sandal wood and for this purpose, they have got a unit in the Industrial Area of Unnao at a distance of about 10 kilometers from Kanpur. It is an old business. His son Lalit Prakash is in service because he could not get any suitable accommodation to carry on business. The landlord has his office on the first floor of house No. 76/46...


Nov 26 1998

Pramod Kumar Yadav Vs. State of U.P. and Others

Court: Allahabad

Decided on: Nov-26-1998

Reported in: 1998(4)AWC6; (1999)1UPLBEC188

S.R. Singh, J.1. These writ petitions are knit together in that common question of law and facts are involved and with the consent of the parties counsel they were heard together for convenient disposal by a common judgment. Writ Petition No. 17836, Pramod Kumar Yadav v. State of U. P. and others, shall be the leading file.2. Stated briefly the facts arc that the petitioners Pramod Kumar Yadav, Gyansndra Kumar Shukla and Prashant Kumar were appointed Registration Clerk in the office of Sub-Registrar, Jhansi in accordance with the provisions contained in the U. P. Registration Department (District Establishment) Ministerial Service Rules, 1978 as it stood prior to its amendment by Registration Department (District Establishment) MinisterialService (First Amendment) Rules, 1991. Their services were terminated by identically worded separate orders dated June 15, 1991. These writ petitions were filed challenging the orders of termination. The petitions came to be dismissed along with a bun...


Nov 26 1998

Hari Sharan Goyal Vs. Board of Gevernors, M.L.N. Regional Engineering ...

Court: Allahabad

Decided on: Nov-26-1998

Reported in: 1998(4)AWC560; (1999)1UPLBEC681

R.K. Singh, J.1.Moti Lal Nehru Regional Engineering College, Allahabad is run by a Society registered under the Societies Registration Act, 1860. The management of the college Is looked after by the Board of Governors as per memorandum of Association of the College. Regional Engineering Colleges have national character with the faculty and students drawn from all parts of the country. The Chairman of the college is nominated by the State Government in consultation with Central Government. The college is an associated college of the University of Allahabad within the meaning of Section 2 (4) of the U. P. State Universities Act, 1973. The college comprisesthe following departments of the faculty of Engineering, (ii) Civil Engineering : (ii) Electrical Engineering ; (iii) Mechanical Engineering ; (iv) Applied Mechanics, Hydraulic and Hydraulic Mechanics and (u) Applied Mathematics. Applied Science and Humanities.2. The Principal of the College has issued an advertisement of vacant teachin...


Nov 26 1998

Nawal Kishore Vs. State of U.P. and ors.

Court: Allahabad

Decided on: Nov-26-1998

Reported in: (1999)1UPLBEC193

I.M. Quddusi, J.1. Heard learned Counsel for the petitioner and learned Standing Counsel.2. The brief facts of the case are that the petitioner appeared in Intermediate Examination, 1997 from U.P. Board with Roll Number 1036898 as private candidate. His examination centre was Triveni Sahai Inter College, Bisuali, Badaum, Some printed material was allegedly found from the possession of the petitioner by the Flying Squad when he was solving Hindi I paper and his answer book was changed, resulting which his result was withheld. Thereafter a chargesheet was issued against him vide order dated 30.8.1997 to which it was alleged that some papers were recovered from the possession of the petitioner which was kept by him inside the answer book on his desk, inside the pocket, inside the shoes and he was copying the same/trying to copy of the same. The second charge was that he could copy the same in solving question Nos. 3 and 4. The petitioner denied the same, but his result was cancelled.3. A ...


Nov 26 1998

Pancham Ram and ors. Vs. Chief Engineer, U.P. Jal Nigam and ors.

Court: Allahabad

Decided on: Nov-26-1998

Reported in: (1999)1UPLBEC537

S.R. Singh, J.1. These nineteen writ petitions are knit together by reason of common questions of law and facts being involved therein and therefore, they were taken up together being amenable to common hearing and disposal.2. The facts beyond the pale of controversy are that petitioners herein were appointed in a Special recruitment drive launched by the State Government to fill up the quota reserved for S.C./S.T. candidates in various circles/divisions of the U.P. Jal Nigam. The vacancies were duly advertised in Hindi Dailies of wide circulation and appointments were made on the basis of recommendations made by duly constituted Selection Committees. the selected candidates joined their duties but subsequently, the appointment came to be rescinded by order of the Chief Engineer, U.P. Jal Nigam, Lucknow.3. I have heard Saryshri Bhagwati Prasad, K.C. Sinha and S.M.A. Kazmi in support of their respective petitions and Smt. Poonam Srivastava in opposition thereto.4. The order cancelling t...


Nov 26 1998

Krishi Utpadan Mandi Samiti and anr. Vs. Mahan Proteins Ltd.

Court: Allahabad

Decided on: Nov-26-1998

Reported in: (1999)1UPLBEC490

D.P. Mohapatra, C.J.1. The short question that arises for determination in these cases is whether in the facts and circumstances of the case as revealed from the record the trial Court was right in passing the order of interim injunction against the defendants. Since all the cases involve common questions of fact and law, they were heard together with consent of learned Counsel for the parties and they are being disposed of by this common judgment.2. The factual matrix of the case relevant for determination of the question may be stated thus :The plaintiff Company, M/s. Mahan Proteine Ltd. filed Original Suit No. 289 of 1997 in the Court of the Civil Judge (Senior Division), Mathura against the Krishi Utpadan Mandi Samiti, Kosi Kalan and the State Agricultural Produce Market Board; Uttar Pradesh seeking a decree of permanent prohibitory injunction restraining the defendants from demanding or charging any market fee in respect of transfer of stock from the factory of the plaintiff Compa...


Nov 25 1998

Buckeye Machine (P.) Ltd. Vs. Canara Bank and Another

Court: Allahabad

Decided on: Nov-25-1998

Reported in: 1999(1)AWC421

J.C. Mishra, J.1. This revision has been filed against the order passed by 1st Additional Civil Judge (Senior Division), Aligarh holding that the court fee paid is insufficient and directing the plaintiff to pay ad-valorem court fee at Rs. 94,41,000.2. The opposite party has filed copy of the plaint along with counter-affidavit. The revisionist filed suit with following reliefs :(a) By passing a decree for mandatory injunction the defendants be directed to prepare the OCC account of plaintiff after giving due credit to the damages, caused to the plaintiff and strictly in accordance with the circulars issued by R.B.I. from time totime within the time specified by the Court. (b) Cost of the suit be awarded to the plaintiff and against the defendants. (c) Any other relief which the Hon'ble Court may deem fit under the circumstances of the case be also given to the plaintiff and against the defendants.3. The plaintiff's case is that he had suffered damages on account of the action, inactio...


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