Allahabad Court November 1998 Judgments
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Ram Veer Singh Vs. Dy. Director of Consolidation, Moradabad and Others
Court: Allahabad
Decided on: Nov-23-1998
Reported in: 1999(1)AWC230
Shitla Pd. Srivastava, J.1. Petitioner has filed this writ petition under Article 226 of the Constitution of India and has prayed for quashing the orders dated 14.10.1998, 17.4.1998 and 12.12.1997 passed by the respondent Nos. 1, 2 and 3.2. Sri V. P. Rai has appeared on behalf of the contesting respondent No. 4, Smt. Omwati. He has given a statement in the Court that he will not file any counter-affidavit and is ready to argue the case without filing any counter-affidavit even today. Learned standing counsel is representing respondent Nos. 1, 2 and 3.3. The brief facts, giving rise to the present writ petition are that proceeding under the provisions of U. P. Consolidation of Holdings Act started. Order was passed by the Consolidation Officer. An appeal was filed before the Settlement Officer Consolidation. The Settlement Officer Consolidation instead of deciding the controversy involved in the writ petition himself allowed the appeal and remanded the case back to the Consolidation Off...
Committee of Management of L.P.C. Arya Kanya Inter College, Mathura an ...
Court: Allahabad
Decided on: Nov-23-1998
Reported in: 1998(4)AWC23
O.P. Garg, J.1. By means of this writ petition, under Article 226 of the Constitution of India, the petitioners have challenged the validity of the orders dated 26.5.1997. Annexure-7 to the writ petition, passed by the Regional Deputy Director of Education (for short 'D.D.E.') (Madhyamik). Agra and the consequential order dated 31.5.1997/4.6.1997. Annexure-8 to the writ petition whereby Vaidya Shyam Behari Shastri respondent No. 3 assumed office of Manager in place of the Authorised Controller and it is prayed that the orders aforesaid be quashed and the respondent No. 3 Vaidya Shyam Behari Shastri and respondent No. 4 Virendra Chaudhary, who respectively claim themselves to be the Manager and President of the Committee of Management, be restrained from acting and functioning as such . The necessary facts in the wake of which the present writ petition has come up may be stated as follows.2. There is a Girls' School, which was originally known as Arya Samaj Girls' School, Mathura. which...
Committee of Management, Janta Inter Colege and Another Vs. Joint Dire ...
Court: Allahabad
Decided on: Nov-20-1998
Reported in: 1999(1)AWC879; (1999)1UPLBEC170
D.K. Seth, J. 1. One Haji Yasin, had moved Writ Petition No. 23615 of 1998 challenging the election of Committee of Management of Janta Inter College, Sultanpur, district Haridwar held on 29.6.1998 on the ground that the said election was illegally and irregularly held and that the said election was objected to by him before the District Inspector of Schools. The said writ petition was disposed of by an order dated 24.7.98 by directing the D.I.O.S. to pass appropriate reasoned order on the objection of the petitioner within a period of 15 days. Despite the said order having been communicated to the D.I.O.S., while granting recognition to the Committee of Management elected in the election held on 29.6.98, the objection of said Haji Yasin was not attended to, and overlooking the objection so raised, recognition was granted by the D.I.O.S. illegally. Subsequently, respondent No. 4 Bashir Ahmad filed Writ Petition No. 24599 of 1998 alleging that the recognition granted to the Committee of...
Mahalakshmi Sugar Mills Co. Ltd. Vs. State of U.P. and Others
Court: Allahabad
Decided on: Nov-20-1998
Reported in: 1999(2)AWC1220
R.R.K. Trivedi and R.K. Singh, JJ.1. We have heard Ms. Bharti Sapru, learned counsel for petitioners. Sri K.N. Mishra, learned standing counsel and Sri Siddharth, learned counsel for respondents.2. As we were divided in opinion as to the decision to be given on three points, the questions were formulated and referred to Third Hon'ble Judge by our orders dated 6th March, 1998. By order dated 24.3.1998, Hon. theChief Justice nominated Hon. Palok Basu. J., to hear the case. Hon. Palok Basu. J., after hearing parties, by his order dated 13th November, 1998 has expressed his concurrence with the opinion given by one of us (Hon. Mr. Justice R.R.K. Trivedi). Consequently, the writ petitions are being decided finally according to the opinion of the majority in terms of the opinion dated 6th March. 1998 given by one of us (Hon. Mr. Justice R.R.K. Trivedi).(a) The writ petitions are allowed. The impugned orders dated 23rd July, 1992, Annexure-4 and order dated 14th August, 1992 are quashed. The ...
Banaras Hindu University and Another Vs. Dr. Deepak Kumar Singh and An ...
Court: Allahabad
Decided on: Nov-20-1998
Reported in: 1998(4)AWC152; (1999)1UPLBEC148
G.P. Mathur, J.1. Special Appeal No. 632 of 1997 has been filed by Banaras Hindu University and two others against the judgment and order dated 29.5.1997 of a learned single Judge in Writ Petition No. 24962 of 1996. Special Appeal No. 98 of 1998 has been filed by Medical Students Association, Institute of Medical Science. Banaras Hindu University and another against the same judgment and order. Since both the appeals are directed against the same judgment and order, they are being disposed of by a common order.2. Writ Petition No. 24962 of 1996 was filed by Dr. Deepak Kumar Singh and Dr. Rakesh Ranjan impleading (1) The Vice Chancellor, Banaras Hindu University, (2) The Banaras Hindu University through its Registrar and (3| The Director, Institute of Medical Sciences. Banaras Hindu University, praying that a writ of mandamus be issued commanding the respondents to grant them admission in Post Graduate Course (M.D./M.S.) on the basis of entrance examination on All India basis and for a ...
Bachchu and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Nov-20-1998
Reported in: 1999CriLJ1967
K.D. Shahi, J.1. This appeal has been preferred by appellants Bachchu, Lal alias Vijai Bahadur, Rajendra Singh, Surendra Kumar and Kunwar Pal against the judgment and order dated November 1, 1980, passed by Sri Gaya Prasad, the then VI Additional Sessions Judge, Mainpuri in Sessions Trial No. 463 of 1979 (district Mainpuri), whereby the learned Sessions Judge convicted and sentenced to all the aforementioned appellants for life imprisonment under Sections 302/149 I.P.C. and further to appellant Nos. 1, 4 and 5, namely, Bachchu, Surendra Kumar and Kunwar Pal under Section 147 IPC to undergo six months R. I. and appellant Nos. 2 and 3, namely, Lal alias Vijai Bahadur and Rajendra Singh under Section 148 IPC to undergo R. I. for one year.2. The First Information Report (in short 'F.I.R.') in this case was lodged by Sudhir Singh (P.W. 5) against Pappu, Lal Bahelia, Rajendra Nath, Narena Bahelia, Surendra, Kunwar Lal and Bachchu and the implication of accused Brijendra was found during inve...
Life Insurance Corporation of India and Others Vs. Ramesh Chandra Shar ...
Court: Allahabad
Decided on: Nov-19-1998
Reported in: 1999(2)AWC1069
Dr. Maithli Sharan, J.1. This special appeal is preferred against the order dated 16.7.1993 passed by teamed singhe Judge of this Court in Writ Petition No. 8024 of 1989, Ram Chandra Sharma u. Life Insurance Corporation of India and others. allowing the petition filed by the respondent.2. The respondent filed the writ petition, praying for a writ of mandamus, commanding the appellants to regularise his services on the post of Care-taker by providing him a regular pay scale, allowances, bonus, other benefits, and conditions of service as are available to Class IV employees of the Corporation, with effect from 5.1.1977.3. The grounds alleged in the writ petition were that the petitioner respondent had been continuously in service in the guest house of the Corporation with effect from 5.1.1977, his services were found to be satisfactory, and, thus, he had acquired the status of a regular employee of the Corporation by virtue of his continuous service for more than 240 days. It was averred...
Rajesh Kumar and Others Vs. District Consumer Protection Forum, Sonebh ...
Court: Allahabad
Decided on: Nov-19-1998
Reported in: 1998(4)AWC303
M. Katju and S.L. Saraf, JJ.1. Heard Sri Janardan Sahai and Shri A. N. Mulla learned counsel for the petitioner and Sri U. K. Uniyal appearing for respondent No. 2.2. The petitioners have alleged that respondent No. 2 was working in the project of the petitioner and after the project came to an end and the dues of respondent No. 2 were paid. Annexure-6 is the copy of receipt by respondent No. 2 regarding full and final payment. Thereafter it appears that respondent No. 2 approached the District Consumer Forum, Sonebhadra, which has passed the impugned order against which this petition has been filed.3. In our opinion, the impugned order is wholly without jurisdiction. The Jurisdiction of the District Consumer Forum is limited to the matters prescribed under Section 11 of the Consumer Protection Act. 1986 read with Sections 2(c), 2(e) and 2(o) of the Act. The dispute in the present case is regarding service conditions of respondent No. 2. In Annexure-1 to the petition which is a copy of...
Satya Prakash Upadhyaya Vs. Vith Addl. District Judge, Aligarh and Oth ...
Court: Allahabad
Decided on: Nov-19-1998
Reported in: 1998(4)AWC319
J.C. Gupta, J.1. This is tenant's petition whereby the petitioner has challenged the correctness of the judgment and order dated 19.11.1992 passed by the respondent No. 2 and the order dated 28.11.97 passed by respondent No. 1.2. The dispute relates to a shop which is admittedly in the tenancy of the petitioner plaintiff-respondent No. 3 filed suit for ejectment, arrears of rent and for mesne profit against the petitioner alleging that the provisions of Act No. 13 of 1972, (hereinafter referred to as the Act), were not applicable to the disputed shop and the tenant's tenancy has been duly terminated by a registered notice dated 5.12.88 which was got sent back by the tenant. Another notice was sent and after its service, when the petitioner did not respond, decree for eviction was claimed. The defence was that shop was not exempted from the operation of the Act and the notice dated 28.1.89 sent by the plaintiff was received and duly replied to. Before the trial court, the only issue whi...
Kamlesh Vs. State
Court: Allahabad
Decided on: Nov-19-1998
Reported in: 1999CriLJ1354
K.D. Shahi, J.1. Appellant Kamlesh has preferred this appeal against his conviction and sentence of life imprisonment under Section 302, I.P.C. recorded by Sri M. G. Godbole, the then Sessions Judge, Jalaun at Orai vide his judgment and order dated 18-2-1980 in S. T. No. 386 of 1978.2. The brief facts of the case are that Sri Ram Sewak, informant lodged the F.I.R. under Section 307, I.P.C. on 7-9-1978 at 10.05 a.m. which is Ex. Ka-6, stating therein that on 7-9-1998 at 9.00 a.m. his son Santosh Kumar was attacked by Kamlesh by Tamancha. It is alleged that the informant Ram Sewak was tenant of Nathu Ram Bhatt, a co-accused who had been acquitted. Ram Sewak was residing in the house of Nathu Ram along with his wife and daughter Shanti and other issues. Accused Kamlesh developed love affair with Km. Shanti. Rama Sewak came to know of this about 4 or 5 days before the occurrence, Ram Sewak summoned his son Santosh Kumar, who was working in the office of the Divisional Superintendent, Centr...
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