Allahabad Court July 1998 Judgments
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Ramesh Prasad Vs. Registrar, Co-operative Societies, Lucknow and Other ...
Court: Allahabad
Decided on: Jul-30-1998
Reported in: 1999(1)AWC34
D.K. Seth, J.1. The petitioner was appointed on dally wage basis as peon by the Co-operative Society for a limited period. He has worked for more than 240 days with artificial break. Subsequently the petitioner is permitted to work but the payment of his salary was stopped. Therefore, the petitioner had moved this writ petition seeking a relief directing the respondents not to interfere in the working of the petitioner as well as his salary be paid regularly including the arrears.2. Sri K. K. Trtpathi, learned counsel for the petitioner contends that since the petitioner was allowed to continue and had completed more than 240 days work, he is entitled to be regularised. His next contention is that his services could not be terminated in violation of Regulation 29 of the U. P. Co-operative Societies Employees Service Regulations, 1975 read with Section 6N of the U. P. Industrial Dispute Act and, therefore, the alleged termination of his service is bad in law and cannot be sustained,3. S...
ZahurauddIn Alias Babu Vs. Ashok Kumar, District Judge, Almora and Oth ...
Court: Allahabad
Decided on: Jul-30-1998
Reported in: 1999(1)AWC54
J.C. Gupta, J. 1. This application for transfer of Rent Control Appeal No. 9 of 1997 has been moved underSection 24 of the Code of Civil Procedure. The said Rent Control Appeal is pending before the District Judge. Almora. The appeal arises outof proceedings initiated by respondent Nos. 2 and 3 against the petitioner under Section 21 (1) (a) of U. P. Act No. XIII of 1972. The release application was allowed bythe Prescribed Authority and against that judgment the petitioner has preferred an appeal under Section 22 of the Act.2. The first question which requires consideration is whether the present transfer application is maintainable under Section 24 of the Code of Civil Procedure? It is well-settled law that entire provisions of the C.P.C. have not been made applicable to the proceedings under the Act, either original or appeal or revision. Section 34 of the Act specifically provides that the District Magistrate, the Prescribed Authority or any (appellate or Revising Authority) shall ...
SachIn Agarwal (Minor) Vs. State of U.P. and Another
Court: Allahabad
Decided on: Jul-30-1998
Reported in: 1999(1)AWC50; (1998)3UPLBEC1667
O.P. Garg, J. 1. The petitioner, Sachin Agarwal, appeared in the Intermediate Examination with Roll No. 293095 in science subjects from Janta Technical Inter College, Bisalpur, Pilibhit Center, A provisional mark-sheet under 'W.B' category, i.e., a suspected case of using unfair means during examination issued to him. A notice was issued to the petitioner to appear in August, 1997 before the Spot Enquiry Committee at Government Inter College, Pilibhit. It was found that there was resemblance in the answer of the petitioner in question No. 3-Ga of Mathematics IInd paper with other candidates bearing Roll Nos. 293088, 293089. Ultimately, by order dated 6.12.1997. the result of the petitioner of Intermediate Examination 1997 was cancelled. A copy of this non-speaking one line order is contained in Annexure-1 to the writ petition.The petitioner has denied to have Indulged in adopting unfair means and by means of this writ petition under Article 226 of the Constitution of India, it is praye...
Parashu Ram Pandey and Others Vs. Prabandh Sanchalak and Others
Court: Allahabad
Decided on: Jul-30-1998
Reported in: 1999(1)AWC47
D.K. Seth, J. 1. Pursuant to various orders passed in various litigations between the parties, ultimately the Administrator had finalised the list of members and had Issued a notice for election pursuant to an order dated 18.11.1996 which is contained in Annexure-6 to the writ petition. This order was passed after provisionally publishing the list of the members and inviting objections to the said list by notice dated 28.10.1996 contained in Annexure-5 to the writ petition. This order was challenged by alleged 46 members which included the name of one Prem Chand and another, who were elected as Manager and President respectively, by means of a writ petition. The said writ petition was dismissed by an order dated 29.11.1996. The claim of said 46 persons that they were inducted as members of the general body subsequent to 17.11.1995 and, therefore, they should be permitted to participate in the election, as was directed by various orders passed in different litigations. By an order dated...
Dr. Salik Tewari Vs. Chancellor, Gorakhpur University and Others
Court: Allahabad
Decided on: Jul-30-1998
Reported in: 1999(1)AWC407A
S.H.A. Raza, J.1. By means ofthe present writ petition, Dr. Salik Tewari has prayed for issuance of a writ in the nature of certiorari quashing the order of appointment of Dr. Fateh Bahadur Ojha (respondent No. 5) as the Principal of Lal Bahadur Shastri Degree College, Mughalsarai, Varanasi, as well as the orders dated 17.5.1982 and 7.7.1982 suspending the petitioner and rejecting his representation under Section 68 of the State Universities Act (hereinafter referred to as the Act) respectively.2. The factual matrix in a short compass is that the Selection Committee with a view to make appointment for the post of the Principal of Lal Bahadur Shastri Degree College, Mughalsarai. Varanasi, met on 9.8.1981 and recommended the following candidates in order of preference :1. Dr. Fateh Bahadur Ojha (respondent No. 5) 2. Dr. Salik Tewari (petitioner). 3. Dr. Chhabi Nath Pandey.3. The minutes of the meeting of the Selection Committee for appointment of the Principal indicate that the selection...
Ram Bali Pandey (Decd.) Through L.Rs. Vs. Iind Additional Judge, Kanpu ...
Court: Allahabad
Decided on: Jul-30-1998
Reported in: 1999(1)AWC413
J.C. Gupta, J.1. This is landlord's petition arising out of the judgment and order dated 31.7.1992 passed by respondent No. 1 in the revision filed against the Judgment and decree dated 12.8.1988 passed by Additional J.S.C.C., Kanpur. The revisional court has allowed the revision and dismissed the plaintiff's suit for ejectment.2. A suit for recovery of arrears of rent, damages and ejectment was filed by the petitioner against Sri A. K. Gaur, the tenant, alleging therein that the defendant was tenant at the rate of Rs. 100 per month and he was in arrears of rent from 1.10.1965. The premises were post 1951 construction and hence U. P. Act No. III of 1947 did not apply. The tenancy was terminated by serving upon the tenant a notice under Section 106 of the Transfer of Property Act on 10.12.1986. During the pendency of the suit Sri A. K. Gaur died before the enforcement of U. P. Act No. XIII of 1972. His heirs wife and others, present respondent Nos. 3 to 5 were brought on record. The def...
Vijay Bahadur Yadav Vs. Allahabad University
Court: Allahabad
Decided on: Jul-30-1998
Reported in: 1998(3)AWC2341; (1998)2UPLBEC1511
O.P. Garg, J.1. The petitioner Vijay Bahadur Yadav, roll number 82151, was appearing in Political Science 1st paper of B.A. Part II, 1995 examination of Allahabad University on Saturday, the 22nd July, 1995 at C.M.P. Degree College, Centre. Allahabad. Abruptly, the Flying Squad appeared in the examination hall and snatched the answer book of the petitioner and supplied him 'B' answer book on the ground that the petitioner was found to be in possession of incriminating material in the form of 'D. Kumar's Sure Series, 1995, B.A. IIIrd Year Political Science 1st Paper'. The petitioner immediately denied to have been in possession of the aforesaid series and the explanation given by him is that when the Flying Squad entered the examination hall, the other candidates/examinees started throwing incriminating materials including hand written chits, guide books, series and key answer books, etc., and one of such books, which was thrown from behind landed on the back side of his seat and on the...
Sai Chalchitra Vs. Commissioner, Meerut and Others
Court: Allahabad
Decided on: Jul-30-1998
Reported in: 1998(4)AWC276
S. H. A. Raza, J.1. The fate of this writ petition hinges on the reply to the question as to whether the petitioner, who is the proprietor of a Cinema Hall known as (Sal Chalchitra) which is situated is Sikandrabad industrial area Jokhabad. Bulandshahr holding a licence for exhibiting cinematograph films is entitled to invoke the jurisdiction of this Court under Article 226 of the Constitution of india against, the grant of a licence in favour of respondent No. 3/who is a rival in trade.2. The factual matrix in short compass as set out in the writ petition is that the Cinema Hall, whose present proprietor/partner is Shri Vijay Kumar was owned by U. P. Chalchitra Nlgam which used to own Cinema Halls and exhibit cinematograph films in various districts of the State, was declared a sick unit and closed down some time in the year 1982. The aforesaid Cinema building was purchased by the petitioner in auction. The petitioner thereafter applied for grant of a licence to exhibit cinematograph ...
E. Sefton and Company Pvt. Ltd. Vs. Ghanshyam and ors.
Court: Allahabad
Decided on: Jul-30-1998
Reported in: (1998)3UPLBEC1696
S.H.A. Raza, J.1. The writ petition No. 39667 of 1996 has been preferred by M/s. E. Sefton and Company Pvt. Ltd. assailing the award passed by the Labour Court, Varanasi on 13.2.1996 in adjudication case No. 109 of 1990 and the order dated 19.7.1996 by means of which the prescribed authority rejected the restoration application preferred by the petitioner.2. By means of writ petition No. 39741 of 1996 the petitioner M/s.E. Sefton and Company Pvt. Ltd. has assailed the award of the Labour Court dated 26.3.1996 passed in adjudication case No. 278 of 1989 and the order dated 19.7.1996 by means of which the restoration application* preferred by the petitioner was rejected.3. In both the writ petitions the petitioners have prayed for quashing the proceedings pending before the Deputy Labour Commissioner under Section 6-H (I) of the U.P. Industrial Disputes Act. A writ in the nature of mandamus has also been prayed for, in both the writ petitions commanding the Labour Court to hear the adjud...
Jawahar Lal Vs. Prescribed Authority/ist Additional Civil Judge and An ...
Court: Allahabad
Decided on: Jul-29-1998
Reported in: 1999(1)AWC43
J.C. Gupta, J. 1. This writ petition is directed against the order dated 19.7.1993 passed by the Prescribed Authority respondent No. 1. copy of which has been annexed as Annexure-3 to the writ petition.2. Parties' counsel S/Sri T. P. Singh for the petitioner and Sankatha Rai and B. B. Paul have been heard and record has also been perused.3. The impugned order has been passed in the proceedings pending before the Prescribed Authority respondent No. 1 on the application moved by landlady respondent No. 2 for the enforcement of the order dated 19.10.1987 passed on the application moved by the landlady under Section 21 (1) (a) of the U. P. Act No. XIII of 1972. It appears that after filing the written statement, the petitioner who was occupying the premises in question as tenant entered into a compromise with the landlady wherein he accepted the bona fide need of the landlady and on the basis of the said compromise, release application was allowed by the Prescribed Authority by the order d...
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