Allahabad Court August 1998 Judgments
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Buddhi Singh Vs. Additional District Magistrate (Administrative), Alig ...
Court: Allahabad
Decided on: Aug-24-1998
Reported in: 1998(3)AWC2372
D.K. Seth, J. 1. The petitioner has challenged an order passed under Section 198, sub-section (4) of the U. P. Zamindari Abolition and Land Reforms Act, 1950. Sub-section (8) of Section 198 provides that subject to the provision of Section 133, every order passed under sub-section (4) of Section 198, would be final- Section 333 empowers the Board to call for the records of any suit or proceeding decided by any subordinate court in which no appeal lies or where an appeal lies but has not been preferred, on the conditions contained in clauses (a), (b) and (c) thereof, namely that it had exercised a jurisdiction not vested in it or that it had failed to exercise a jurisdiction so vested or had acted in the exercise of jurisdiction illegally or with material irregularity.2. In the present case, counsel for the petitioner contends that the Collector had refused to exercise his jurisdiction under Section 198 (4) on the ground that this order is cognizable by a civil court and the Collector h...
Ashok Kumar Singh Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Aug-24-1998
Reported in: 1999CriLJ1962
ORDERS.K. Phaujdar, J.1. Through this application under Section 482, Cr.P.C. the petitioner has prayed for quashing a complaint in Case No. 1512 of 1997 pending before the special C.J.M. (Economic Offences), Varanasi. The complaint in question was made by Sri A.K. Ranjan, Assistant Commissioner, Customs (P), Gorakhpur, against five persons including the present applicant. The complaint spoke of an alleged offence under Section 135 of the Customs Act (hereinafter referred to as the 'Act') committed on 29-5-1995 at Naubat Trade Tax Check-post in respect of Chinese silk yarn valued at Rs. 38,40,000/-. In addition to the said silk yarn, metal scrap worth more than Rs. 30,000 and a truck No. WMH 4911 valued at Rs. 4,00,000/- were also seized.2. According to the complainant, the Assist ant Commissioner of Customs, on 28-5-1995, the officers of the Directorate of Revenue Intelligence (in short, 'DRI') at Varanasi got some secret information and kept surveillance on the Grand Trunk Road at Par...
Mohit Naman Vs. University of Allahabad and Others
Court: Allahabad
Decided on: Aug-21-1998
Reported in: 1999(1)AWC212
O.P. Garg, J. 1. Mohit Naman was a regular student of B.Sc. Part II. He appeared in Zoology IIIrd paper on Saturday 13th July. 1996 with Roll No. 53187 from C. M. P. Degree College. Allahabad in the aforesaid examination conducted by Allahabad University. There was absolutely no complaint or allegation against him either by the invigilators of the examination hall or that of the Centre Superintendent that he had indulged in adopting unfair means. The answer book of his Zoology IIIrd paper, it appears, was sent for examination and evaluation to Dr. R.S. Pandey. Department of Zoology, University of Allahabad. Sri Pandey informed the Controller of Examination. University of Allahabad by addressing letter dated 3.8.1996, which runs as follows :'This is to bring to your kind notice that while evaluating the answer book bearing Roll No. 53187 of B.Sc. Part II Zoology IIIrd paper, I observed that the signature of the invigilator on the answer book does not tally with that of the other answer ...
Kamlapat Singh and Others Vs. State Election Commissioner, Panchayat a ...
Court: Allahabad
Decided on: Aug-21-1998
Reported in: 1999(1)AWC770
S.H.A. Raza, J.1. The petitioners along with others filed nomination papers for four constituencies, viz., (i) Amund, (ii) Rigwara Khurd ; (iii) Kachhwakala and (iv) Karahi for the post of Pradhan on 26/27.3.1995 before Shri Dadu Ram. Gram Vikas Adhikari and Sri Shiv Ram Kushwaha, Returning Officer, Gohand who were appointed as Assistant Returning Officer and Returning Officer respectively. Sri Dadu Ram, Assistant Returning Officer. committed misconduct and absconded from duly and took away all the nomination papers along with him. The polling of the votes in all the four constituencies mentioned above was held on 12.4.1995 and counting of votes was held on 20.4.1995 and in view of the fact that Sri Dadu Ram, Assistant Returning Officer has absconded with the nomination papers in collusion with Sri Shiv Ram-Kushwaha who was then Returning Officer, according to the respondents the result was not declared. A complaint against Sri Dadu Ram and Sri Shiv Ram Kushwaha. were made by several p...
Dinesh Kumar Vs. District Inspector of Schools, Muzaffarnagar and Othe ...
Court: Allahabad
Decided on: Aug-21-1998
Reported in: 1998(4)AWC224; (1998)3UPLBEC1915
D. K. Seth, J. 1. The petitioner alleges that on account of the seniormost teacher in Economics having been promoted on ad hoc basis to the post of Principal, a short-term vacancy occurred. It is alleged that the petitioner was appointed in the said short-term vacancy through direct recruitment as Lecturer in Economics. He claims that he possesses the requisite qualification for being so appointed. The petitioner claims to have been appointed under the U. P. Secondary Education Service Commission (Removal of Difficulties) (Second) Order, 1981. He is aggrieved by the grant of approval to his appointment by the order dated 1st December, 1990, which limited the period of his appointment till 20th May, 1991. By reasons of such limitation imposed on the appointment, the petitioner's service was sought to be terminated by an order dated 18th May, 1991, which is Annexure-IV to the writ petition. The petitioner has accordingly challenged the said order dated 18th May, 1991 contained in Annexur...
Dharmendra Singh Vs. Dy. Registrar Cooperative Societies and ors.
Court: Allahabad
Decided on: Aug-21-1998
Reported in: (1999)1UPLBEC224
Sudhir Narain, J.1. The petitioner has challenged the validity of the resolution dated 19.11.1998 resolving to remove the petitioner from the service of Co-operative Federal Authority as also consequential order dated 12.2.1998 passed by the Deputy Registrar, Co-operative Societies/Chairman, Regional Committee and the order dated 19.2.1998 passed by the District Assistant Registrar/Chairman, District Committee.2. The petitioner was appointed by the U.P. Co-operative Union, Lucknow on the post of Co-operative Supervisor in the district of Lakhimpur Kheri in the year 1977. The petitioner was thereafter transferred to various other societies. He was placed under suspension vide order dated 23.12.1995 by the Assistant Registrar Co-operative Societies exercising his power as Chairman of District Committee constituted under the Co-operative Federal Authority (Business) Regulations, 1976. The disciplinary proceedings were taken against him. On 19.1.1998 Kshetriya Committee Sahkari Sangh Pradh...
Smt. Neeta Andrews Vs. Basic Shiksha Adhikari, Bulandshahr and Another
Court: Allahabad
Decided on: Aug-20-1998
Reported in: 1999(1)AWC299
D. K. Seth, J.1. One Smt. Paliwal was appointed as Incharge Head Mistress of the school by the order dated 17th May, 1975. The petitioner had challenged the said appointment on the ground that she is legally entitled to be appointed as Incharge Head Mistress as well as on account of her qualification as regular Head Mistress. The claim petition wasallowed in part in the manner following :'In the circumstances, the claim petition is partly allowed. The impugned order dated 17.5.1975, passed by the Basic Shiksha Adhikari appointing Smt. Paliwal, opposite party No. 3 as Incharge Head Mistress, is declareci ineffective being without jurisdiction and is quashed. The petitioner is also declared to be the incharge Head Mistress as of the Senior Basic Balika Vidyalaya. Devai with effect from 30.6.1972 but the opposite party No. 1 is debarred to hold the selection for the post of Head Mistress expeditiously in accordance with the Rules and consider the claim of the petitioner also for the post....
Manager Lease and Rent, Bata India Limited Vs. District Judge, Allahab ...
Court: Allahabad
Decided on: Aug-20-1998
Reported in: 1998(3)AWC2377
J.C. Gupta, J. 1. Heard petitioner's counsel.2. In the peculiar circumstances of the case, this writ petition is disposed of finally.3. The release application of the landlord moved under Section 21 (1) (a) of the U. P. Act No. 13 of 1972 was allowed ex parte by the Prescribed Authority and in execution thereof, the petitioners were dispossessed. They moved an application for setting aside the ex parte order under the provisions of Section 41 read with Rule 22 (1) (a) before the Prescribed Authority which is still pending decision. Simultaneously the petitioners also filed an appeal under Section 22 of the Act against the order of the. Prescribed Authority, whereby the landlord's application for release had been allowed. The said appeal is also pending before the District Judge. Allahabad. Against the order of the District Judge recalling the appeal from the Court of Addl. District Judge, the petitioners filed writ petition before this Court which was disposed of by the order dated 17....
Vashishth Muni Pathak Vs. the State
Court: Allahabad
Decided on: Aug-20-1998
Reported in: 1999CriLJ3723
D.K. Trivedi, J.1. The present criminal appeal is filed by Bashisht Muni against the judgment and order dated 18-9-96 passed by the II Addl. Sessions Judge, Sultanpur convicting the. appellant Under Sections 302/21, IPC and sentencing him to Imprisonment for Life and three years' R.I. respectively. Both the sentences were directed to run concurrently.2. According to the prosecution case, Lalta Prasad, the father of the complainant Dinesh Chandra Tiwari left the village Loniyapur to Sitarampur at about 4 p.m. but he did not reach village Sitarampur. On 12-2-94, at about 5 p.m. one Ram Lal Pathak resident of villageSitarampur gave an information to the complainant that the deadbody of Lalta Prasad is lying in a well situated near the canal passing through village-Usary, hamlet of jungle Ram Nagar. On receipt of this information, complainant Dinesh Chandra-Tiwari immediately proceeded to the spot along with his brother and found that the deadbody of his father was lying in the well. He th...
Moharram Ali Vs. State of U.P.
Court: Allahabad
Decided on: Aug-20-1998
Reported in: 1999CriLJ3005
D. K. Trivedi, J.1. The present criminal appeal is filed by Moharram Ali appellant against the judgment and order dated 12-12-86 passed by VIII Addl. Sessions Judge, Lucknow convicting the accused-appellant under Sections 302, 376 and 201, IPC and sentencing him to Imprisonment for Life, Ten years' R.I. and Seven years' R.I. on each count. All the sentences were directed to run concurrently.2. According to the prosecution case, the incident took place on 29-12-85. It is said that on 28-12-85 at about 6 p.m. Binita aged about 8 years, had gone outside of her house alongwith her mother. After watching the female (film) the mother of Binita returned to her house, at that time Binita was not with her and on this the family members of her house started searching the whereabouts of Binita but she (Binita) was not traced out. Next day, in the morning at about 6 a.m., the dead body of Binita was seen lying in the tank by Ram Kumar (P.W. 2). It is said that the complainant with the help of othe...
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