Allahabad Court March 1998 Judgments
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Biraj Mistri Vs. District Panchayat Raj Officer, Pilibhit and Others
Court: Allahabad
Decided on: Mar-24-1998
Reported in: 1998(2)AWC1517
S. H. A. Raza, J.1. The crux of the controversy involved in this writ petition is as to whether out of 14. 9 members constitute two-third majority or not for the purposes of passing a vote of no-confidence against the petitioner in accordance with the provisions contained in Section 14 of the U. P. Panchayat Raj Act (hereinafter referred to as the Act) read with Rule 33-B (5) (viii) of the Rules framed under the Act which provides that a Pradhan or Up-Pradhan can be removed by a majority of two-third of the members present and voting in a meeting called for passing a vote of no-confidence against the Pradhan.2. In the present case, out of 14 members who were present. 9 voted in favour of the motion. From an arithmetical calculation two-third of 14 comes of 9.33. A voter cannot be divided into fraction or pieces. Hence, 9.33 is to be rounded off either to 9 or to 10. If roundlng off is done to 9, it will not be a majority of two-third. Section 14 (1) of the Act read with Rule 33B (5) (v...
Fazalur Rehman Vs. Xiith Additional District Judge, Kanpur Nagar and O ...
Court: Allahabad
Decided on: Mar-24-1998
Reported in: 1998(3)AWC1639
J.C. Gupta, J.1. By means of this writ petition, the petitioner has challenged the order dated 9.2.1995 passed by respondent No. 2 declaring the vacancy and the subsequent order dated 16.2.1995 releasing the accommodation in question In favour of the land lord-respondent.2. The dispute relates to a portion of House No. 105/216, Chainan Ganj, Kanpur Nagar. which is admittedly in the tenancy of the petitioner since before the commencement of the U. P. Act No. XIII of 1972 (hereinafter referred to as 'the Act').3. An application on behalf of the landlord was moved by his power of attorney before the Rent Control Inspector that since the petitioner-tenant has sublet the disputed accommodation, the same has become vacant and it be released in his favour. A report was called for from the Rent Control Inspector who Inspected the premises and found some workers and labourers working inside the premises and a hoarding bearing the name 'M/s. Footcraft International, Proprietor Naseem' was found ...
ishwar Saran Shukla and anr. Vs. State of Uttar Pradesh
Court: Allahabad
Decided on: Mar-24-1998
Reported in: 1999CriLJ1075
M.L. Singhal, J.1. This is criminal revision, preferred under Section 397, read with Section 482 of the Code of Criminal Procedure, directed against the order dated 2 January, 1997, passed by Shri Naresh Jain, I Additional Chief Judicial Magistrate, Saharanpur, rejecting the petitioners' applications for dismissal of the com-plaint under Section 249 of the Code of Criminal Procedure, 1973.2. I have heard the learned counsel for the revisionists, Shri K.S. Jetley, and learned counsel for the respondent No. 2 Shri B.B. Paul, and the learned Additional Government Advocate.3. Shri Surinder Pal Jetley in collusion with the other revisionist Shri Ishwar Saran Shukla, posted as Assistant Guard in the Railway, in the intervening night of 11/12 September, 1989 re-moved 26 'sarees' from 31 Up Frontier Mail on way from New Delhi to Ambala. Further, 77 'sarees' were recovered from the possession of the accused Ishwar Saran Shukla. Accordingly, a complaint by Shri L.P. Singh, Inspector, R.P.F. unde...
Km. Shruti Chaturvedi and Others Vs. Allahabad University, Allahabad a ...
Court: Allahabad
Decided on: Mar-23-1998
Reported in: 1998(2)AWC1211; (1998)1UPLBEC679
B. Dikshit, J.1. This writ petition is directed against a decision taken by admission committee of Allahabad University. The decision of admission committee constituted under Section 28 (1) of Uttar Pradesh State Universities Act (in short 'Act'), which has given rise to this writ petition, is that by its resolution dated 7.2.1998 the admission committee resolved that the students who passed their qualifying examination of Bachelor of Arts or Science from Ewing Christian College. Allahabad (in short 'E.C.C.') are to be admitted on 10% seats of Post-Graduate classes at Allahabad University (in short 'University'). As interim-order was expiring and admissions to Post-Graduate courses were being delayed, the operative portion of order was delivered on 20.3.1998 and now reasons for conclusions are being declared.2. The petitioners passed their qualifying examination from E.C.C, and applied for admission to Post-Graduate classes, As petitioners are being denied admission though they obtaine...
Vishnu Dutt Sharma Vs. New Okhla Industrial Development Authority, Gha ...
Court: Allahabad
Decided on: Mar-23-1998
Reported in: 1998(2)AWC1292
D.S. Sinha, J. 1. Heard Sri Yasharth, holding brief of Sri Ajeet Kumar, learned counsel of the petitioner, and Sri U. S. Awasthi, learned counsel representing the respondents.2. The twin Principal reliefs claimed by the petitioner are that :(i) the orders dated 27th March, 1993 and 5th March, 1993 passed by the Chairman-cum-Chief Executive Officer, N.O.I.D.A., Ghaziabad, the respondent No. 2, appended to the petition as Annexures-'30' and '32' respectively be quashed ; (ii) the respondents be restrained from demoting the petitioner from the post of Deputy Director or interfering with the petitioner's work as Deputy Director/Director. 3. The order dated 5th March. 1993 is, in fact, a letter addressed to Secretary. New Delhi Municipal Corporation. Patika Bhawan. Parliament Street.New Delhi, intimating him that New Okhla Industrial Development Authority requires the services of Horticulturist on deputation for development of Horticulture particularly for plantation, development and mainte...
Vijai Singh Vs. Vth Addl. District Judge and Others
Court: Allahabad
Decided on: Mar-23-1998
Reported in: 1998(2)AWC1348
J.C. Gupta, J.1. Heard petitioner's counsel and Shri Pankaj Mittal. counsel appearing for respondent No. 5, the landlord.2. By means of this writ petition, the tenant-petitioner has challenged the order of the lower revisional court, whereby his application for restoration of revision has been rejected. It is not in dispute that during the pendency of application moved by the landlord under Section 21 (1) for of the U. P. Act No. XIII of 1972. the landlord died and in his place, Surendra Singh moved an application for substitution alleging himself to be the adopted son of the deceased. One more person Vijai Singh, the present petitioner also moved an application for substitution alleging himself to be the legal heirs of the deceased-landlord Jagat Singh. The prescribed authority allowed the application of Surendra Singh and rejected the application moved by the petitioner Vijai Singh. Aggrieved by that order, the petitioner filed Revision No. 150 of 1995 before the District Judge, Ghaz...
Bhavya Colonizers and Estate Developers Pvt. Limited, Gorakhpur Vs. St ...
Court: Allahabad
Decided on: Mar-23-1998
Reported in: 1998(2)AWC1512
D. S. Sinha and M. C. Agarwal, JJ.1. Heard Sri Jal Krishna Tiwari, holding brief of Sri Shashi Nandan, the learned counsel of the petitioner and Sri Vinay Malviya. learned Standing Counsel representing the respondents.2. The petitioner seeks to challenge the Notification issued under Rule 340 (a) of U. P. Stamp, Rules, 1942 framed under the Indian Stamp Act, 1899 (hereinafter called the Act), whereby the circle rate of the concerned area has been enhanced from Rs. 40 per Sq. Feet to Rs. 55 per Sq. Feet. A copy of the impugned Notification is Annexure-3 to the writ petition.3. The averments made in the petition show that the petitioner is not owner of the land in respect of which any sale deed has been executed. It holds merely an agreement to sell. Thus, it cannot be a vendor. In para 21 of the petition. It is asserted that on 17.2.1993 when some persons, who were Interested and had already applied for purchasing the plots in the land in respect of which the petitioner holds an agreeme...
Arya Abhushan Bhandar and Another Vs. Union of India and Others
Court: Allahabad
Decided on: Mar-23-1998
Reported in: 1998(3)AWC1651
O.P. Jain, J.1. This writ petition under Article 226 of the Constitution of India has been filed by the petitioners with a prayer that the orders passed by respondent Nos. 1, 2 and 3 on 14th December, 1973, 19th November, 1977 and 25th January, 1980 which are Annexure-8, Annexure-9 and Annexure-10 respectively may be quashed and the respondents may be commanded to return the seized and confiscated items of gold.2. The brief facts leading to the petition are that on 14th March. 1973, Custom Inspector, Mau, Sri Kamta Prasad accompanied by two other Custom Inspectors, namely, Sri K. P. Jaiswal and Sri V. K. Srivastava searched the business premises of M/s. Arya Abhushan Bhandar, Mau. The search party consisted of, besides the Officers named above, Sri Jamuna Prasad Mishra and Sri Ram Dhyan Singh constables of the Customs Departments and twopolice constables. As a result of the search, the following gold articles were recovered :'1. 270 pieces of gold ornaments weighing 1418-400 grams wort...
Parmarth Prakash Vs. Union of India
Court: Allahabad
Decided on: Mar-23-1998
Reported in: 1998(4)AWC771
R.N. Ray, J.1. This revision is directed against the order dated 12.10.1983 passed in a proceeding under Order IX, Rule 13, C.P.C. which arose out of Suit No. 200 of 1979.2. The suit was filed for declaration that family arrangement entered into between the co-owners of the property is to stand, so long the partition suit is not filed and there is no decree for partition. The suit was contested by the defendant No. 3 while the defendant Nos. 5, 7 and 8 did not contest the suit and suit was decreed partly. The judgment and decree was passed on merits on 24.1.1993. Thereafter within time, the defendant Nos. 5, 7 and 8 filed an application under Order IX, Rule 13, C.P.C. for setting aside the judgment and order on the ground that no notice was served upon them and behind their back, the decree was obtained by the plaintiff which be set aside. It was contested by the plaintiff opposite parties.3. In Order IX, Rule 13, C.P.C., it has been mentioned as under :'In any case in which a decree i...
Shatrujeet Lal and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Mar-20-1998
Reported in: 1998(2)AWC1350
Aloke Chakrabarti, J.1. This writ petition was filed challenging the termination order a copy whereof has been annexed as Annexure-3 to the supplementary affidavit.2. The contention of the petitioners is that the respondent No. 1 directed making selection and appointment of candidates belonging to Scheduled Castes and Scheduled tribes on the posts of drivers in Uttar Pradesh State Road Transport Corporation (hereinafter referred to as Corporation] and pursuant thereto, advertisement was published in two newspapers inviting applications from suitable candidates belonging to Scheduled Castes and Scheduled Tribes. Petitioners made applications and all formalities were completed and were selected by a selection committee for appointment. Upon receiving appointment letters, petitioners joined their respective posts in the month of September, 1997 and continued to discharge duties. Show-cause notices were issued to the petitioners to which petitioners submitted replies. Originally the writ p...
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