Allahabad Court May 1998 Judgments
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State Employees Joint Council, Unit Roorkee and anr. Vs. State of U.P. ...
Court: Allahabad
Decided on: May-26-1998
Reported in: (1998)3UPLBEC2018
ORDERS.R. Singh, J.1. Heard learned Counsel for the parties and perused the order dated 13.4.1998 passed in Civil Misc. Writ Petition No. 10974 of 1998, Ministerial Association of Irrigation Department through District President, Allahabad and Anr. v. State of U.P. through Secretary, Irrigation Department, U.P. Lucknow and Ors..2. Following the said judgment the writ petition is disposed of with the direction that in case the petitioner filed representation, the State Government shall look into the matter and dispose of the representation within one month from the date of receipt of certified copy of this order alongwith representation. Pending decision on the representation, the impugned transfer order, if not implemented, shall remain in abeyance provided certified copy of this order is produced before the competent authority within a period of 15 days from today....
Azam Meer Khan Vs. Aligarh Muslim University and ors.
Court: Allahabad
Decided on: May-26-1998
Reported in: (1998)2UPLBEC1226
B. Dikshit, J.1. The Aligarh Muslim University (in short 'the University'), which is one of the country's premier educational institution, had an unfortunate incident on 12.11.1995, 13.11.1995, 14.11.1995 and 15.11.1995 in which the office staff was manhandled by the students who misbehaved with the teachers and other staff of the University, broke glass panes, furnitures, beside office equipments such as typewriters, furniture etc. were damaged and an ambassador car attached to the Proctor office was burnt, which resulted in closure of the University for a considerable period. The University authorities faced with such situation, took disciplinary action against certain students who have been rusticated with all these things, the university authority also acted in haste, which has given rise to present petition, where a rusticated student has challenged the order with reference to the same incident on the principle of natural justice as he was not given adequate opportunity to defend ...
Ghanshyam Cold Storage Vs. Regional Provident Fund Commissioner and an ...
Court: Allahabad
Decided on: May-26-1998
Reported in: (1998)3UPLBEC1853
S. Rafat Alam, J.1. This petition under Article 226 of the Constitution is directed against the order of the Assistant Commissioner, Employees Provident Fund, Varanasi, dated 2.4.1998, passed under Section 7A of the Employees Provident Fund & Miscellaneous Provisions Act, 1952, (for short the Act), determining the liability of the petitioner under the Act for the payment of provident fund to its employees.2. Heard Sri L.K. Dwivedi, learned Counsel for the petitioner and Sri Satish Chaturvedi, learned Counsel for the respondents. With the consent of the parties, this case is being disposed of at this stage without calling for the counter affidavit.3. It appears that Ghanshyam Cold Storage was established in the year 1980 and is mainly engaged in purchase, sale and storage of potatoes and other perishable commodities. It has been asserted that the petitioner has not engaged more than 20 persons at any point of time nor any manufacturing process is being carried on in the premises of the ...
Gurind India Pvt. Ltd. Vs. Cegat
Court: Allahabad
Decided on: May-26-1998
Reported in: 1998LC263(Allahabad); 1999(107)ELT589(All)
M.C. Agarwal, J.1. By this petition under Article 226 of the Constitution of India the petitioner challenges an order dated 15-1-1998 passed by the Customs, Excise and Gold (Control), Appellate, Tribunal, New Delhi whereby it partly allowed the petitioner's application under proviso to Section 35F of the Central Excise and Salt and directed it to make a pre-deposit of Rs. 50,000/.2. I have heard Shri J. Mathur learned Counsel for the petitioner, and Shri Shiv Kumar, learned Counsel for the respondents.3. A demand of Rs. 1,64,227.17 has been raised against the petitioner by the Assistant Commissioner which is the subject-matter of appeal before the Tribunal. The demand arises out of Modvat credit availed by the petitioner in respect of grinding wheels used by it in the manufacture of glass goods. The petitioner's contention was that the grinding wheels are inputs used in the manufacture of the said grinding wheels while the case of the department is that it is not so and the Modvat cred...
S.K. Garg Vs. State of U.P. and Others
Court: Allahabad
Decided on: May-25-1998
Reported in: 1998(2)AWC1492; (1998)2UPLBEC1200
M. Katju and I.M. Quddusi, JJ. 1. Heard Sri Ravi Kant, learned counsel for the petitioner. Sri Sudhir Agarwal. learned counsel for the U. P. State Electricity Board and Sri Pradeep Kumar, learned Addl. Chief Standing Counsel for the State Government. The Chief Engineer, Distribution, U.P.S.E.B., Allahabad Zone is also personally present.2. The petitioner is an Advocate practising in this Court and is also the Vice-President of Allahabad, High Court Bar Association. He has filed this petition as a public interest litigation regarding the acute shortage of electricity supply in the State because of which the citizens of the State are in great agony in this hot summer and a large number of people have already died due to heat wave in U. P. The petitioner has alleged that there are unscheduled power-cuts for long periods of time and the citizens' are living in an inferno because of that. The electricity usually goes off without notice and in this hot weather, this is adversely affecting th...
Jagdamba General Store and Another Vs. Iiird Additional District Judge ...
Court: Allahabad
Decided on: May-25-1998
Reported in: 1998(3)AWC2086
D.K. Seth, J.1. In the present case, an application under Order IX. Rule 13 was allowed by setting aside ex parte decree passed in Suit No. 634 of 1988. Against the said order dated 30.9.1995 passed by learned Additional Civil Judge (S.D.), 1st Court, Dehradun in Misc. Case No. 93 of 1991 arising out of the said suit, a revision being Civil Revision No. 140 of 1995 was preferred. The revisional court had allowed the revision while modifying the order dated 30.9.1995 and directed for furnishing bank guarantee in respect of half of the decretal amount to the satisfaction of the learned trial court, a condition precedent for allowing the application under Order IX, Rule 13.2. This order has been challenged by Mr. K.K. Arora, learned counsel for the petitioner, on the ground that Order IX. Rule 13 though contemplates of terms as regards to cost or payment into Court or otherwise, but it never contemplates of furnishing security to secure the decretal amount. According to him, the term qual...
Smt. Chhanga and Another Vs. Ist Additional District Judge, Jaunpur an ...
Court: Allahabad
Decided on: May-25-1998
Reported in: 1998(3)AWC2094
D.K. Seth, J.1. Opposite party No. 3 had filed a suit being O. S. No. 324 of 1987 in the Court of Addl. Munsif Magistrate for cancellation of a sale deed dated 27.1.1987 with a prayer to inform the Sub-Registrar and for cost or any other relief on the allegations that there was no necessity to execute the sale deed by the plaintiff In favour of the defendant and that the plaintiff had never intended to transfer nor had ever transferred the property to the defendant. She never went to the office of Registrar to execute the sale deed. She had never put her thumb impression on the alleged sale deed. The sale deed appears to have been signed by someone else and was wrongly registered The plaintiff had never received any consideration. The said fact would be apparent from the fact that the consideration in the sale deed was shown shockingly low and the transfer was inconsistent with the provisions of Section 168 of the U. P. Z. A. and L. R- Act. The sale deed was an outcome of old enmity be...
Jagdish Chandra Sharma Vs. Hon'ble High Court of Judicature and Anr.
Court: Allahabad
Decided on: May-25-1998
Reported in: (1998)3UPLBEC1735
R.K. Singh, J.1. Appellant Jagdish Chandra Sharma was appointed in Uttar Pradesh Judicial Service as Munsif on 10.12.1976 and after training at Ghaziabad he joined the service on 24.1.1977. He spent his tenure on the post of Munsif at Ghaziabad, Hardoi, Meerut and Muzaffarnagar and was promoted as Civil Judge on 15.2.1986. When the petitioner was posted at Dehradun as Civil Judge, District Judge, Dehradun reported that the petitioner has used harsh words against one Senior Advocate while disposing of one amendment application. An adverse entry was awarded by the Administrative Judge for the year 1986-87 in the following words :-'Disposal 132.39%. During my annual inspection, I found that the Court of the Officer was being boycotted by all the Advocates of Dehardun Bar. On enquiry I found that the behaviour of the officer towards certain Advocates was not good. The Officer was transferred on administrative grounds. I will rate the merit of the officer as poor. Integrity Certified.'2. Th...
Hari Om and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-25-1998
Reported in: (1998)3UPLBEC2366
Sudhir Narain, J.1. The petitioners seek writ of mandamus commanding the respondents to consider the case of the petitioner for appointment to the post of Assistant Teacher in Junior Basic Schools run and managed by the U.P. Basic Education Board in case sufficient candidates having Basic Teacher's Certificate (In short B.T.C.) qualification are not available in respect of the selection process commenced in pursuance of the advertisement dated 18th August, 1997.2. The petitioners claim that they should be permitted to appear for the selection for the post of Assistant Teacher in Junior Basic Schools run by the U.P. Basic Education Board in pursuance of the advertisement made by the Basic Shiksha Adhikari, Bulandshar on 18th August. 1997 whereby the candidates possessing Basic Teacher's Certificate (B.T.C), Hindustani Teacher's Certificate (H.T.C), Junior Teacher's Certificate (J.T.C.) or any other training course recognised by the State Government equivalent thereto, were made eligible...
Sushmakar Dubey Vs. Taxing Officer, High Court and Another
Court: Allahabad
Decided on: May-22-1998
Reported in: 1998(3)AWC2041
Palok Basu, J. 1. The interesting question in this writ petition is whether an order of the Taxing Officer can be quashed by this Court under Article 226 of the Constitution of India or not ; whether a report of the Stamp Reporter may be amenable to writ jurisdiction, is the allied question.2. Shri M. A. Qadeer, learned counsel for the petitioner has been heard at substantial length. Shri Sunil Ambwani has espoused the cause of the respondent Taxing Officer of this Court. Both have prayed that the matter may be finally disposed of at the admission stage.3. A preliminary objection has been raised by Shri Ambwani that this writ petition is not maintainable. The grounds of objections are two-fold. First, the Taxing Officer is appointed in accordance with the provisions of the Court Fees Act and, therefore, exercises the powers on behalf of the Court and, therefore, not amenable to writ jurisdiction. Second, that all that may be permissible on certain facts is a reference by the Taxing Off...
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