Allahabad Court July 1998 Judgments
Allahabad University and Another Vs. Km. Shruti Chaturvedi and Others
Court: Allahabad
Decided on: Jul-31-1998
Reported in: 1999(1)AWC57
D.P. Mohapatra, C.J.1. Thecontroversy raised in these two cases relates to admission of students in Post Graduate Courses of Allahabad University (the University for short) for the session 1997-98. Civil Misc. Writ Petition No. 6951 of 1998 has been filed by five students who graduated from Ewing Christian College, Allahabad (E.C.C. for short), which is an autonomous college affiliated to the University, while Civil Misc. Writ Petition No. 5936 of 1998 has been filed by the Management of E.C.C. against the University through its Vice-Chancellor and the Registrar of the University. The former case was disposed of by a learned single Judge of this Court by the judgment rendered on 23.3.1998 in which the writ petition was allowed. The operative portion of the judgment reads as follows :'The writ petition succeeds and is allowed, the admissions made by the Admission Committee of Allahabad University for Post-Graduate classes for the session 1997-98 in all those subjects which the students ...
Tag this Judgment!Anurag Tripathi Vs. Bank of Baroda and Others
Court: Allahabad
Decided on: Jul-31-1998
Reported in: 1999(1)AWC799; (1998)3UPLBEC1765
S.H.A. Raza and Bhagwan Din, JJ.1. How a trivial matter can be dragged on unnecessarily before the Court? This case is an example of such an attitude. Mr. Anurag Tripathi who is petitioner before this Court is an employee of the Nainital Bank who is at present posted at Lohaghat Pithoragarh has knocked the door of this Court earlier by filing a Civil Misc. Writ Petition bearing No. 41695 of 1997 seeking the direction that he may be transferred to the plains on the ground of his ailment, as it was advised by the Doctors that his stay in the hills would jeopardise his health. After hearing learned counsel for the parties, this Court directed the respondents to consider and pass appropriate orders on the representation of the petitioner vide order dated 4.6.1997 within a period of three weeks of this order together with a copy of representation and communicate the same to the petitioner. As there was some delay in disposing of the representation, contempt proceedings were Initiated by the...
Tag this Judgment!Bhagwati Prasad Tewari Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jul-31-1998
Reported in: 1999(2)AWC1066; (1999)1UPLBEC644
R.H. Zaidi, J.1. In both thesepetitions common questions of law and fact are involved. They were, therefore, heard together and are being disposed of by this common judgment.2. By means of these petitions, under Article 226 of the Constitutionof India, petitioners pray for issuance of a writ, order or direction in the nature of mandamus commanding the respondents to adopt the provisions of Fundamental Rule 56 as amended upto date by the Government of India in regard to government service of State of U. P. Prayer for issuing a direction to the State Government to enforce its resolution passed in the year 1988 contained in Annexure-10 to the writ petition, in regard to the parity of pay and allowances to the employees of the State Government holding equivalent posts and also in regard to the age of retirement of the said employees, i.e., 60 years and prayer for mandamus restraining the respondents from retiring the petitioners before they attain the age of 60 years have also been made.3....
Tag this Judgment!Rajesh Misra Vs. University of Allahabad and Others
Court: Allahabad
Decided on: Jul-31-1998
Reported in: 1998(3)AWC2081; (1998)3UPLBEC1756
R.R.K. Trivedi, J.1. This appeal is from the judgment and order dated 3rd July. 1998 passed by the learned single Judge dismissing Civil Misc. Writ Petition No. 12731 of 1998 filed by petitioner-appellant, challenging the order dated 2nd March, 1998 by which his result of B. A. Part II Examination of 1997 was cancelled by way of punishment for using unfair means at the said examination.2. This appeal was presented before the Stamp Reporter withoutcertified copy of the impugned order dated 2nd March, 1998. The appeal cameup before us for hearing on 6th July, 1998. After hearing counsel for parties,the case was adjourned for the next date and a direction was given that thecopies of the impugned judgment shall be prepared and shall be given to thelearned counsel for the parties. On 7th July, 1998, learned counsel for theparties agreed that the appeal may be finally disposed of at the stage ofadmission. The case was, accordingly, fixed for 13th July, 1998 and it wasdirected that the record...
Tag this Judgment!Ashok Kumar and Others Vs. Prescribed Authority/Civil Judge (Senior Di ...
Court: Allahabad
Decided on: Jul-31-1998
Reported in: 1998(4)AWC273
J.C. Gupta, J. 1. Heard , Sri S. M. Dayal, counsel for the petitioners and Sri B. N. Agrawal and Sri K. M. Dayal, counsel for the contesting respondents.2. Parties have exchanged affidavits and in the peculiar circumstances of the case, this writ petition is disposed of finally at the admission stage itself.3. Some relevant facts may be put in brief. The dispute relates to shop No. 70 situate in Mohalla Pasrat. Jhansi. Undisputedly the respondent No. 2--the landlord moved an application under Section 21 (1) (a) of the Act for the release of the shop on the ground that the same was bona fide required for his son Vijay Kumar Agrawal for doing business. The said application was allowed by the Prescribed Authority by the order dated 30.5.92. It further appears thatbefore the Prescribed Authority, an offer was made to the tenant by the landlord that on account of his being his brother, he was prepared to offer to him the shop which was in his (landlord) occupation on rent. The tenant did no...
Tag this Judgment!Bahori Singh Vs. District Magistrate and ors.
Court: Allahabad
Decided on: Jul-31-1998
Reported in: AIR1999All58
Binod Kumar Roy, J. and B.K. Sharma, J.1. The prayer of the petitioner is to command respondents Nos. 1, 2 and 3 (District Magistrate, Mahamaya Nagar, Senior Superintendent of Police, Mahamaya Nagar and Station Officer Incharge, Police Station, Hathras Junction, Mahamaya Nagar) to provide protection to Him and his property including lands measuring 0.408 Hectare of Gata No. 90 and .17 Hectare of Gata No. 433/2 appertaining to Chak No. 484 I and II situate in Village Parsara, Tehsil Hathras, District Mahamaya Nagar from forcible grabbing by the respondent No. 4 Chote son of Kallu resident of Village Marthara, District Etah, and his henchmen.2. His further prayer is to command the aforesaid respondents to take action against Chote and his hencemen who are trying to take forcible possession of grabbing the lands aforementioned.3. The petitioner asserts, inter alia, that the lands in question were purchased by him from his own aunt Smt. Moola (Dayadhikarini) widow of late Ashik Ali, reside...
Tag this Judgment!Vaibhav Pandey (Minor) Vs. Board of High School and Intermediate Educa ...
Court: Allahabad
Decided on: Jul-31-1998
Reported in: (1998)2UPLBEC1501
O.P. Garg, J.1. Heard Sri R.C. Shukla, learned Counsel for the petitioner.2. The past record of the petitioner indicates that he is an exceptionally brilliant student. In High School examination, the petitioner has been awarded 19 marks out of 32 in Hindi 3rd papers. The petitioner has been awarded much higher marks in other subjects. The apprehension of the petitioner is that his answer book of Hindi IIIrd paper has not been correctly examined.3. This writ petition is finally disposed of with the direction that respondent No. 2, Apar Sachiv, Madhyamik Shiksha Parishad shall himself check the answer book of the petitioner in Hindi IIIrd paper of High School Examination, 1998 within a period of one month from the date a certified copy of this order is produced before him. On the date on which the answer book of the petitioner is being looked or examined by respondent No. 2, the petitioner's guardian may also remain present. If any discrepancy is found in the answer book, it shall be cor...
Tag this Judgment!Suneel Roy Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-31-1998
Reported in: 1999CriLJ697
R.R.K. Trivedi, J.1. Petitioner Sunil Roy has filed this petition seeking a writ, order of direction in the nature of habeas corpus directing respondents to produce the petitioner in Court and to set him at liberty. The petitioner is in detention under the order dated 26-8-1997, passed by respondent No. 2 District Magistrate, Pilibhit, under Section 3(3) of National Security Act, 1980 (hereinafter referred to as the Act).2. The facts on which basis the order of detention has been passed against the petitioner have been detailed in the grounds supplied to the petitioner along with the order of detention. The narration of facts given therein is that petitioner and one Chittoo alias Chitranjan and others were involved in Criminal Case No. 421 of 1997, under Sections 107/116, Cr.P.C. pending in the Court of Sub-Divisional Magistrate, Poornanpur, district Pilibhit. As they failed to appear before the Magistrate on the date fixed in response to the notice issued, bailable warrants were issue...
Tag this Judgment!India Casting Company Vs. Cegat
Court: Allahabad
Decided on: Jul-31-1998
Reported in: 1998(104)ELT17(All)
ORDERS.L. Saraf, J.1. Heard learned Counsel for the petitioners and Sri S.N. Srivastava, for the Union of India.2. By an order dated 17-4-1998, the Tribunal had directed the petitioners to deposit 25% of the adjusted duty in cash. The petitioner will be entitled to furnish the same from RG 23 A part-II account and the same will be treated as sufficient compliance of the Tribunal's order. The Tribunal shall hear the appeal on merits.3. With these observations, the writ petition is disposed of. There will be no order as to costs....
Tag this Judgment!Brig. R.N. Srivastava Vs. Survey of India and Others
Court: Allahabad
Decided on: Jul-30-1998
Reported in: 1999(1)AWC38; (1998)3UPLBEC1748
S.H.A. Raza, J.1. By means ofthe Writ Petition No. 12900 of 1996 the petitioner Brig. R. N. Srivastava prays for a writ, order or direction in the nature of mandamus directing the respondents to consider the petitioner for promotion in Senior Administrative Grade to the post of Additional Director General, Survey of India in accordance with Rules and also grant the petitioner all the consequential benefits since his juniors have been promoted and also quash the impugned order dated 29.3.1996 whereby the representation of the petitioner regarding supernumerary promotion to the post of Senior Administrative Grade has been rejected by the respondents.2. By means of Writ Petition No. 24736 of 1996 the petitioner, Brig. M. K. Jain prays for a writ.order or direction in the nature of mandamus directing the respondents to review the earlier D.P.C. conducted for 1993 vacancies within a specified period and to consider the petitioner for promotion in the senior administrative grade to the post ...
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