Allahabad Court August 1998 Judgments

Ram Adhar and ors. Vs. State of Uttar Pradesh and ors.

Court: Allahabad

Reported in: 1999CriLJ285

K.D. Shahi, J.1. This petition under Article 226 of the Constitution has been filed praying that the F.I.R. of Case Crime No. 76 of 1988 be quashed and the loader machines which have been seized may be returned to the petitioners.2. The record shows that the Incharge Officer (Mines) Fatehpur received information that some persons were carrying on illegal mining of sand from Oti area on the bank of river Yamuna. Sri Sarvesh Chandra Misra, Addl. District Magistrate, Fatehpur (Officer-incharge, Mines) along with Sri G.N. Tripathi S.D. M. Sadar, Circle Officer of Bindaki, Circle Officer of Hathgaon, Inspector of P.S.. Bindaki along with eight other Station Officers and some police personnel conducted a surprise inspection of mining area in Oti. They found two loader machines in plot No. 64 out of which one was engaged in mining operation and one loader machine in plot No. 59 which was also engaged in excavating sand. Naresh Gautam and Vijay Kumar, who were op-crating the loader machines, i...

Sharafat Alias Bhure Vs. the Station Officer, Police Station Kotwali a ...

Court: Allahabad

Reported in: 1999CriLJ283

G.P. Mathur, J.1. This petition under Article 226 of the Constitution has been filed for quashing the proceedings of case No. 2543/9 of 1998 under Section 302, I.P.C., P.S. Kotwali which is pending before C.J.M. Muzaffarnagar and also the F.I.R. of the said case on the basis of which Crime No. 169 of 1998 was registered at the concerned Police Station.2. The F.I.R. of the incident (annexure) was lodged by Sadakat. It is also alleged therein that the complainant and his father were going to the Mosque at about 5.45 a.m. on 3-5-1998 for the purpose of offering prayers. When they reached near the Mosque, Sadakat and Sarafat alias Bhure caught hold of the complainant's father and Shaukat accused fired upon him. The F.I.R. was lodged at 7.10 a.m. on 3-5-1998 at P.S. Kotwali. The Police after investigation submitted charge-sheet in the Court of C.J.M. on 22-6-1998.3. Sri Ramendra Asthana, learned counsel for the petitioner has submitted that the State Government had passed an order on 23-6-1...

Moti Lal Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Allahabad

1. In this O. A., filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has made a prayer to quash the order dated 25.3.95 by which the order to recover damage rent at the rate of Rs. 553.50 for 115 months was issued on 25.3.95.2. The facts of the case as stated by the applicant are that the applicant was allotted a railway quarter at Aligarh on 15.12.1975 in capacity of a Cleaner, thereafter he was promoted as Assistant Electric Assistant Driver and transferred to Tundla from 06.01.1985 but, the petitioner was not allotted any quarter at Tundla, therefore, petitioner has no other alternative except to continue his family member to live at Aligarh railway-quarter. It is submitted that applicant vacated the said quarter on 02.07.95 and the respondents vide order dated 25.3.95 issued an order for a recovery of damage rent at the rate of Rs. 553.50 for 115 months amounting to Rs. 63,652.50 vide order annexure-1. It is submitted that on 01.04.1989, rate of damage...

Principal, Shri Jodha Singh Inter College, Harkoopur, Etawah Vs. Ist A ...

Court: Allahabad

Reported in: 1999(1)AWC335

D.K. Seth, J.1. The petitioner had filed a suit for a declaration that his termination of service is illegal and invalid and that he is entitled to continue in service as well as to the payment of salary. A preliminary issue was framed as to the maintainability of the suit. The trial court had held that the suit is not maintainable. Against the satd order. Misc. Appeal No. 13 of 1989 was preferred. The said appeal was allowed and it was held that the suit is maintainable as framed. Learned counsel for the petitioner Mr. K. P. Bajpayee had argued that in view of the provisions contained in Section 6 of the U. P. Public Service Tribunal Act, the suit is not maintainable. He also contended that even if the suit is not barred by Section 6 of the said Act by reason of Chapter 111 of the Regulation framed under the U. P. intermediate Education Act, 1921, the civil court can assume jurisdiction in respect of termination of service of an employee other than teacher.2. Sri G. D. Misra, learned ...

Murad Begum Vs. District Supply Officer, Bareilly and Another

Court: Allahabad

Reported in: 1998(3)AWC2181

Binod Kumar Roy and R.K. Mahajan, JJ.1. The petitioner has come up with the prayer to quash the order dated 19.8.1997 of the Additional Collector (Supply), Bareilly by which a request for substitution of her name in place of her husband, a licensee, has been rejected on the ground that there is no such provision in the Diesel Control Order.2. Sri Y. S. Saxena. learned counsel appearing in support of petition, contended that the view taken by the Additional Collector (Supply) is thoroughly misconceived and contrary to the orders passed by this Court in Civil Misc. Writ Petition No. 23454 of 1997. He also placed strong reliance on a letter dated 12th August, 1994 sent by the Secretary. Department of Supply. Government of U. P. to all Regional Food Controllers of Uttar Pradesh and the Commissioner of Food and Supply, Uttar Pradesh. Mr. Saxena also placed reliance on Section 2 (h) of the Uttar Pradesh High Speed Diesel Oil and Light Diesel Oil (Maintenance of Supplies and Distribution) Ord...

G.K. Maini Vs. Xth Additional District Judge, Allahabad and Another

Court: Allahabad

Reported in: 1998(3)AWC2309

J.C. Gupta, J.1. This is tenant's writ petition which is directed against the judgment and order of respondent No. 1, the Appellate Authority, whereby the appeal filed by landlord-respondent No. 2 has been allowed.2. The dispute relates to a shop situated at 6, Johnstenganj, Allahabad, wherein undisputedly the petitioner has been carrying on business under the name and style of 'Bharat Opticians' for the last about 50 years as tenant of respondent No. 2. The landlord moved an application before the Prescribed Authority under Section 21 (1) (a) of the U. P. Act No. 13 of 1972 (hereinafter referred to as 'the Act'). The need shown therein was that one of the grandsons of the landlord, namely, Sumit Sachdeva was doing his M.B.B.S. course in a medical college at Mangalore and after completing the said course, he would set up his clinic in the disputed shop, and since landlord has not in his occupation any vacant accommodation, his requirement for the disputed shop was genuine and pressing....

Ram Kumar Dwivedi Vs. Pradeshik Co-operative Dairy Federation Ltd., (C ...

Court: Allahabad

Reported in: 1998(3)AWC2376

D.S. Sinha, J. 1. Heard Shri I.N. Singh, learned counsel appearing for the petitioner and Shri G.D. Mishra, learned counsel appearing for the respondents.2. By means of this petition under Article 226 of the Constitution of India, the petitioner seeks to challenge the order dated 13th April, 1987, a copy whereof is Annexure-XV to the writ petition. By tills order, services of the petitioner were terminated with immediate effect.3. Vide order dated 9th January, 1987, a copy whereof is Annexure-VI to the writ petition, the petitioner was appointed as Manager Grade III, under the Pradeshik Co-operative Dairy Federation Limited, with effect from 15th November, 1986. Clause 3 of the appointment letter indicates that appointment of the petitioner was on probation for a period of one year which could be extended for another one year, at the sole discretion of the appointing authority.4. The period of probation of the petitioner was to expire on 14th November. 1987 but, before expiry of the pe...

Basti Sugar Mill Company Ltd. Vs. Acce and ors.

Court: Allahabad

Reported in: 1999(82)LC246(Allahabad)

S.L. Saraf, J.1. The petitioner is a manufacturer of sugar and gets molasses as by-product. Molasses is also classified under sub-heading 1703.10 and it is an excisable goods. Molasses manufactured by the petitioner is stored inside the factory premises in tanks. In the tank sometimes molasses undergo chemical reaction resulting in auto-combustion due to which, the molasses stored decomposes and converts into a carbonised solid state. The same becomes unfit for distillation and consumption and wholly non-marketable. This solid state carbonised molasses is a burnt molasses and is also known as 'Black Solid Mass' which is a waste. The case of the petitioner is that on 29.5.1992 and 4.7.1992, molasses stored in tanks no. 2 and 4 were subjected to auto-combustion which resulted in decomposition. The petitioner immediately informed the Central Excise Authorities and reported the said decomposition through a telegram dated 5.7.1992 and also by a subsequent letter dated 7.7.1992. The total qu...

Sarmister Vs. Superintendent, District Jail and ors.

Court: Allahabad

Reported in: 1999CriLJ305

D.P. Mohapatra, C.J. 1. In this petition, filed under Article 226 of the Constitution of India, the petitioner Sarmister has prayed, inter alia, for a writ in the nature of habeas corpus directing the respondents to produce him in Court; to declare the order dated 26-8-1997 (Annexure 1 to the petition) passed by the District Magistrate, Muzaffarnagar under Section 3(2) of the National Security Act (hereinafter referred to as the Act) as unconstitutional and invalid; and to direct his release forthwith. The Superintendent, District Jail Muzaffarnagar, the District Magistrate Muzaffarnagar, State of Uttar Pradesh represented by Principal Secretary Home Department and Union of India represented by the Secretary Ministry of Home affairs are arrayed as respondents in the writ petition.2. Since the detention order is challenged before us mainly on the ground of delay in disposal of the petitioner's representation by the Slate Government as well as the Central Government, it is not necessary ...

Basti Sugar Mill Co. Ltd. Vs. Acce

Court: Allahabad

Reported in: 1998(78)LC511(Allahabad)

ORDERS.L. Saraf, J.1. The petitioner is a manufacturer of sugar and gets molasses as by-product. Molasses is also classified under sub-heading 1703.10 and it is an excisable goods. Molasses manufactured by the petitioner is stored inside the factory premises in tanks. In the tank sometimes molasses undergo chemical reaction resulting in auto-combustion due to which, the molasses stored de-composes and converts into a carbonised solid state. The same becomes unfit for distillation and consumption and wholly non-marketable. This solid state carbonised molasses is a burnt molasses and is also known as 'Black Solid Mass' which is a waste. The case of the petitioner is that on 29.5.1992 and 4.7.1992, molasses stored in tanks No. 2 and 4 were subjected to auto-combustion which resulted in decomposition. The petitioner immediately informed the Central Excise Authorities and reported the said decomposition through a telegram dated 5.7.1992 and also by a subsequent letter dated 7.7.1992. The to...