Allahabad Court May 1998 Judgments
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Gendan Lal Vs. District and Sessions Judge, Kanpur Dehat and Others
Court: Allahabad
Decided on: May-22-1998
Reported in: 1998(3)AWC2051
D.K. Seth, J.1. The defendant-petitioner had preferred a second appeal against the decree for realisation of certain sums passed in Original Suit No. 150 of 1979, which was affirmed in first appeal. In the second appeal his application for stay of execution is pending. In the meantime the decree holder has put the decree for execution in Execution Case No. 6 of 1996. In the said execution proceeding the petitioner had applied for stay of the execution on the ground of pendency of appeal. The said application had been dismissed by order dated 19.12.1997. Against the said order he had preferred a revision being Revision No. Nit of 1998, which was also dismissed by order dated 22.4.1998. It is also submitted that he has filed another stay application which was also dismissed on 5th May, 1998. Sri K.K. Tripathi, learned counsel for the petitioner assails these orders in the present writ petition.2. After having heard Sri K.K. Tripathi, learned counsel for the petitioner I find that the con...
Ram Kishan Prajapati Vs. Smt. Narbda and Others
Court: Allahabad
Decided on: May-22-1998
Reported in: 1998(3)AWC2286
D. K. Seth, J. 1. Leave is granted to amend the cause title so as to convert this petition into one under Article 227 of the Constitution. Learned counsel for the petitioner shall amend the cause title in the course of today.2. The above prayer was made by Sri B. N. Agarwal learned counsel for the petitioner and was so allowed by this Court on the ground that against an order passed by the civil court in exercise of ordinary civil Jurisdiction, the Court is not an authority within the meaning of Article 12 of the Constitution in order to make it amenable to writ Jurisdiction. The learned counsel for the petitioner has relied on the decision in the case of Matthan Singh v. IInd Additional District Judge, Meerut. 1996 (1) ARC 117 ; Daya Ram alias Dollar and another v. IIIrd Additional District Judge, Mirzapur and others, 1996 (2) ARC 488 and Om Prakash Rastogi v. VIth Additional District Judge, Moradabad, 1997 (2) ARC 335, in order to contend that an application under Article 226 is in e...
Azim Bux and ors. Vs. Zila Basic Shiksha Adhikari and ors.
Court: Allahabad
Decided on: May-22-1998
Reported in: (1998)3UPLBEC2372a
Sudhir Narain, J.1. The common question of law and facts are involved in these petitions and they are disposed of together.2. These writ petitions are directed against the cancellation of the result of the examination held on 17.9.1995 by the respondents. The facts in brief are that the State Govenrment issued Government Order dated 13.9.1994 directing the authorities concerned to make appointment of Urdu Teachers in Senior and Junior Basic Schools run by the Basic Shiksha Parishad in different districts against the post in vacancies mentioned in the chart appended to the Government Order. As for Kanpur Dehat a direction was issued to make appointment of Urdu Teacher against 162 posts. The said Government Order also contained the qualification and the procedure relating to the appoinment of Urdu Teachers.3. Zila Basic Shiksha Adhikari respondent No. 1 advertised the post for appointment of 162 Urdu Teacher in the newspaper in August, 1995 inviting the applications for appointment to th...
Asarfi Lal Vs. Director of Education (Secondary) U.P., Allahabad and O ...
Court: Allahabad
Decided on: May-21-1998
Reported in: 1998(3)AWC2012
Sudhir Narain, J.1. The petitioner seeks a writ of certiorari quashing the order dated 11.1.1996 passed by the District Inspector of Schools. Allahabad. whereby he disapproved the appointment of the petitioner to the post of Assistant Teacher in L. T. grade in S. A. V. Inter College, Saini, Strathu, district Allahabad [hereinafter referred to as the Institution).2. The facts, in brief, are that one Ram Bahadur was a permanent Assistant Teacher In L. T. grade in the Institution, He was granted promotion to the post of Lecturer in the year 1993 on the basis of the recommendation made by the U. P. Secondary Education Services Commission (hereinafter referred to as the Commission). His appointment was made on probation for one year.3. The Management of the Institution resolved to appoint the petitioner on the post of Assistant Teacher in L. T. grade on ad hoc basis on the vacancy caused on promotion of Ram Bahadur. The post of Assistant Teacher in L. T. grade was advertised in the newspape...
Kripa Shanker Dwivedi Vs. Ist Additional District Judge, Kanpur and An ...
Court: Allahabad
Decided on: May-21-1998
Reported in: 1998(3)AWC2091
Sudhir Narain, J.1. This writ petition is directed against the order dated 12.9.1981 passed by respondent No. 1 remanding the case to the Judge Small Causes Court for deciding the suit afresh keeping in view the observations made in the above order.2. The facts. In brief, are that Dhani Ram, respondent No. 2 filed Suit No. 1603 of 1978 against the petitioner in the Court of Judge Small Causes Court. Kanpur for recovery of arrears of rent, ejectment and damages on the allegation that one Shivanand Pandey was the owner of House No. 107/194, Nehrunagar, Kanpur. The petitioner was his tenant at monthly rent of Rs. 18. He sold the house in question to respondent No. 2 on 18.1.1977 which was registered on 2.3.1977. The petitioner was in arrears of rent from 2.3.1977 to 26.11.1978. He was given a notice to pay arrears of rent but as he failed to pay the rent, inspite of service of notice, the suit was filed.3. The petitioner filed written statement and denied that there was any relationship o...
Smt. Vibha Singh Vs. State of U.P. and Others
Court: Allahabad
Decided on: May-21-1998
Reported in: 1998(3)AWC2044
B. K. Roy and P. K. Jain, JJ.1. The petitioner has come up with a prayer to quash Circular No. PA-1/SA/UP/2020, dated 19.5.1976 as contained in Annexure-SCA-1 of respondent No. 2 and the order dated 2.5.83 passed by the Accountant General, U. P. (Respondent No. 2) as contained in Annexure-7 to the writ petition by grant of a writ of certtorari. A further prayer has been made to command the respondents to pay her dearness allowances with interest as admissible under the Rules on the extraordinary pension and to pay ex gratia payment of Rs. 50,000 along with interest at the bank rate.2. At the very threshold. Mr. Yogesh Agrawal, the learned counsel appearing on behalf of the petitioner contended that the relief sought for in regard to payment of ex gratia payment is not being pressed as it has already been paid. In this view of the matter, this writ petition in this regard is dismissed as not pressed.3. The relevant facts are in a narrow compass.4. The petitioner asserts that she as well...
israr and Another Vs. District Judge, Saharanpur and Others
Court: Allahabad
Decided on: May-21-1998
Reported in: 1998(3)AWC2059
D.K. Seth, J.1. The petitioner Nos. 1 and 2 filed Original Suit No. 610 of1987, against the opposite party No. 4 Mohammad Shafique. While the oppositeparties Nos. 4 to 8 had filed Original Suit No. 509 of 1997 against thepetitioners. Both the suits were filed against each other by the parties andclaiming for injunction, concerning the same suit property. In both the suitsapplication for temporary injunction was filed by the respective plaintiffs.Learned trial court directed for issuance of notice in both the cases. Beingaggrieved both the parties preferred two civil revisions being Civil Revision No.167 of 1997 and Civil Revision No. 200 of 1997. Both the civil revisions weredisposed of by a common order dated 6th March. 1998 passed by the learnedDistrict Judge, Saharanpur, dismissing both the civil revisions and directingthe trial court to decide the application for temporary injunction after affordingopportunity to the parties. These orders have been challenged by thepetitioners in t...
Smt. Madhu Singh Vs. State of U.P. and anr.
Court: Allahabad
Decided on: May-21-1998
Reported in: I(1998)DMC37
Virendra Saran, J.1. Heard learned Counsel for the applicant.2. Smt. Madhu Singh has preferred this application with the allegation that she has entered into marriage with Shiv Bodh Singh. It has been stated that in para 4 of the affidavit that the applicant is aged about 20 years. It is further mentioned that the applicant herself left her parental house and is living happily with her husband but on the basis of a false FIR lodged by applicant's father at PS under Sections 366/ 506, Indian Penal Code, the police is harassing her husband and the father-in-law. Learned Counsel has submitted that the police is trying to illegally arrest the applicant and in case the applicant falls in the hands of the police, the applicant may be coerced to make statement in line with the prosecution case.3. The applicant has filed photo-copy of High School Certificate showing her date of birth as 20.1.1979 (Annexure-2). She has also filed Marriage Certificate issued by Arya Samaj (Annexure-3). Photograp...
Madan Lal Gupta and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: May-20-1998
Reported in: 1999(1)AWC647
Ravi S. Dhavan, J.1. These matters, before the Court, have been pending for the last fifteen years. The issue is whether the erstwhile Town Area, Bisauli, now a Municipality, could prescribe taxes on trades, professions and callings and could discriminate between professional persons by levying taxes on some and leaving others out. Further were the taxes to be confined only, to the limit of Rs. 260 as prescribed in the Constitution of India, as it stood then by virtue of Article 276.2. Counsel for the petitioners has submitted that the procedure and the manner in which taxes had been processed were irregular and illegal. These taxes have been assailed on the ground that' there was no publication inviting objections on the taxes proposed to be levied. General notices to tax in context have been appended to the writ petition. The Court has not been benefited with notices specifically issued to persons or individuals, intended to be taxed. What has been appended to the petition are object...
Dr. Shashi Kant Rai and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: May-20-1998
Reported in: 1998(3)AWC1821
R.R.K. Trivedi, J.1. In this petition counter and rejoinder-affidavits have been exchanged between the parties and learned counsel for the parties have agreed that this petition may be decided finally at this stage.2. Two applications for impleadment have also been filed. First application is numbered as 71415 of 1997, which has been moved by Ram Swarup Ahirwar and the second application is numbered as 23563 of 1998 which has been moved by Dr. Satlsh Kumar and three others. Along with the second application, counter-affidavit has also been filed.3. The Important question for determination in this writ petition is as to whether the respondents could legally initiate special recruitment drive to fill up the entire backlog of the posts of reserved quota in respect of the entire cadre of the posts of Medical Officers (Ayurvedic/Unani) in the State of Uttar Pradesh. Respondent No. 2. namely, U. P. Public Service Commission,Allahabad, by advertisement No. 3/95-96 invited applications for the...
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