Allahabad Court September 1998 Judgments
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Rishikul Brahmacharya Ashram and Another Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-04-1998
Reported in: 1998(3)AWC2125
O.P. Jain, J.1. Petitioner No. 1 Rishikui Brahmacharya Ashram (hereinafter called the Ashram) has filed this writ petition through its President with a prayer to quash order dated 22nd February, 1981 (Annexure-12) and order dated 6th March, 1981 (Annexure-16) passed by the State Government whereby the State Government has ordered that the property belonging to the Ashram is vested in the Treasurer. Charitable Endowments, Uttar Pradesh. This order has been passed under Section 4 of the Charitable Endowments Act of 1890 (hereinafter called the Act) as amended by Uttar Pradesh Charitable Endowments (Extension of Powers) Act of 1950 (U. P. Act No. XX of 1950) (which is hereinafter called the U. P. Act).2. The Ashram is a Society registered under the Societies Registration Act of 1860, and its object is to Impart religious education and training and to carry on other activities mentioned in the memorandum of Association which is Annexure-1 to the petition. Various departments of the Institu...
Smt. Amrita Devi Vs. Commissioner, Faizabad and Others
Court: Allahabad
Decided on: Sep-04-1998
Reported in: 1998(4)AWC823
Dev Kant Trivedi, J.1. Heard the learned counsel for the petitioner and the learned standing counsel on this petition under Articles 226 and 227 of theConstitution of India.2. It appears that the petitioner 'purchased 4 biswas land of plot No. 186 of village Rasoolabad. Haus Patti Pargana and Tehsil Akbarpur. district Faizabad. The area of the said plot was 12 biswas. The petitioner, Smt. Kusum Lata and Sri Avdhesh Partap each purchased 4 biswas land of the plot No. 186 by means of three separate sale deeds dated 4.5.1994. Objections were raised by the Sub-Registrar regarding the valuation and payment of the stamp duty on the sale deeds. The A.D.M. (F & R) held that in each of the three cases the stamp duty was evaded to the tune of Rs. 32,937,50 P. Separate revisions were filed by the petitioner and two other transferees before the Commissioner who remanded the cases of the two purchasers, namely, Smt. Kusum Lata and Avadesh Pratap to the A.D.M. (F & R) for rehearing. However, the rev...
Chunmun Vs. District, Magistrate, Sonbhadra and Another
Court: Allahabad
Decided on: Sep-03-1998
Reported in: 1998(3)AWC1892; (1998)3UPLBEC2061
S.R. Singh, J.1. Impugned herein is the order dated 29.5.1998 passed by the District Magistrate. Sonbhadra in purported exercise of powers under the proviso to clause (g) of sub-section (1) of Section (95) of the U. P. Panchayat Raj Act (in short the Act) thereby appointing a three-member committee of the concerned Gram Panchayat for exercising and performing financial and administrative powers and functions of the Pradhan of the Gram Panchayal. The impugned order is based on the finding that the petitioner was found guilty of committing irregularities in the matter of selection of eligible candidates for allotment of houses built under 'Indira Awas and Nirbal Varg Awas' Scheme. )2. I have heard Sri V. K, Jaiswal for the petitioner and Sri Ran Vijay Singh, learned, slanding counsel representing the opposite parties. The thrust of the submission made by Sri V. K- Jaiswal is that the petitioner has been deprived of his Financial and Administrative powers otherwise than in accordance with...
Vijai Bhan Singh (Minor) and Another Vs. Itwari and Others
Court: Allahabad
Decided on: Sep-03-1998
Reported in: 1998(4)AWC237
D. K. Seth, J. 1.The petitioner has challenged the order dated 29th November, 1982 passed by the Additional Commissioner in Objection No. 2/80/81, being Annexure-I to the petition.2. This writ petition was dismissed by the order dated 5th March. 1998 by this Court.3. The petitioner has filed an application for recalling the said order dated 5th March. 1998 through Mr. S. P. Singh, learned counsel.4. I have heard Sri S. P. Singh and Sri B. K. Srivastava learned counsel for the respondents on the application for restoration.5. It appears that sufficient ground has been made out for recalling the said order dated 5th March. 1998.6. The order dated 5th March. 1998 is, hereby, recalled.7. After the above order is recalled, both the learned counsel Insisted that the matter should be taken up for hearing. With the consent of the parties learned counsel, the matter is treated to be on the list of date and is taken up for hearing.8. I have heard Sri S. P. Singh learned counsel for the petitione...
Ram Gopal, Chairman, U.P. and Higher Education Services Commission, Al ...
Court: Allahabad
Decided on: Sep-03-1998
Reported in: 1998(4)AWC537; (1999)2UPLBEC825
S.H.A. Raza, J.1. The fate of this writ petition which has been filed by M/s. Ram Gopal Chandra. Daya Ram Singh and Raj Kishore. Singh. the Chairman and Members of U. P. Higher Education and Services Commission, hinges on the reply to the following questions.1. Whether a direction restraining the Commission to make selections can be issued by the Stale Government in exercise of its powers under Section 2 of U. P. State Control of Public Corporation Act. 1975 (hereinafter referred as Corporation Act, 1975) and Section 6 (3) of U. P. Higher Education Services Commission Act, 1980. because selection covers the legislative activity. 2. Whether the impugned order of removal passed against the petitioner No. 1 from the post of Chairman and against remaining two who are the members of the Commission is non est inasmuch as the same is in violation of Section 6 of the U. P. Higher Education Services Commission Act, 1980 (hereinafter referred to as the Commission Act, 1980) and Rule 5 of the Rul...
Mobeen Ahmad Ansari Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-03-1998
Reported in: (1999)1UPLBEC603
S.H.A. Raza, J.1. The petitioner Mobeen Ahmad Ansari possesses a brilliant academic record. In the High School Examination for the year 1996 he secured 420 marks out of 600 meaning thereby that he obtained distinction in three subjects, i.e. Hindi, Mathematics and Science and secured First Division Marks in English and Biology. He appeared in Intermediate Examination for the year 1998 with Roll No. 0860469. He secured distinction marks in General Hindi and Chemistry and above first class marks in Physics. His grievance appears to be is that he secured 28 Marks in Physics I paper, 35 marks in Physics III paper and 29 marks in parctical but he got only 7 marks in Physical II paper. It was submitted that he answered all the question in the Physics II paper correctly but may be due to mis-calculation or any other mistake he was awarded only 7 marks in Physics II paper, although even in Intermediate Examination he was declared First Division, but he has asserted that award of 7 marks in Phy...
State Vs. Suresh
Court: Allahabad
Decided on: Sep-03-1998
Reported in: 1999CriLJ2491
Maithli Sharan, J. 1. The instant capital sentence reference and both the appeals, one filed from Jail and the other filed through counsel, arise out of the judgment of conviction and sentence dated 31-1-1998 passed by Sri A.K. Saksena II/Special Additional Sessions Judge, Hardoi in S.T. No. 803 of 1995, under Sections 376 and 302 of the Indian Penal Code, convicting the appellant Suresh for the offences under the said provisions of law and sentencing him to undergo life imprisonment under Section 376 I.P.C. and to death under Section 302 of the Indian Penal Code.2. The prosecution case, in brief, is that the informant Kishan Pal (P.W. 1) was the resident of Village Jajoopur district Hardoi, and he was uncle of the prosecutrix, minor girl Bitula, who, at the time of the incident, was aged about 10 years. On the fateful date, i.e., the 17th September 1995 Km. Bitula had gone to Jungle for grazing cattle; her brother Ashok (P.W. 3) and one of his friends Mithai lal had also gone along wi...
Prathma Bank Vs. Consumer Protection, District Forum, Moradabad and An ...
Court: Allahabad
Decided on: Sep-02-1998
Reported in: 1999(1)AWC67
R. K. Mahajan, J.1. We have heard Sri P. K. Singhal, learned counsel for the petitioner and Smt. Sarita Singh learned standing counsel.2. This case arises out of the following facts as revealed from the record including order of the Consumer Forum.2.1. It appears that respondent No. 2 applied for a loan of Rs. 40.000 for the purpose of installing an electrical tube-well from Prathma Bank/Syndicate Bank. According to the Consumer Forum, Syndicate Bank did not appeal before it. Junior Engineer of the Block appeared before the Consumer Forum and made it clear that Rs. 17,000 is required for installation of the electrical tube-well and boring work is to be done free of charges.Syndicate Bank did not file any reply. The petitioner, Prathma Bank denied that there was any scheme with it to grant loan upto Rs. 40,000. The Consumer Forum considering the facts ordered for grant of the loan of Rs. 17.000 after completing all the formalities.2.2 The scheme was in connection with installation of tu...
Bhola Singh and Others Vs. Indra NaraIn and Others
Court: Allahabad
Decided on: Sep-02-1998
Reported in: 1999(1)AWC62
Sudhir Narain, J.1. This writ petition is directed against the order dated 27.6.1984 passed by the Additional Commissioner whereby he allowed the appeal and decreed the suit filed by plaintiff respondent No. 1, and the order dated 4.7.1986 passed by the Board of Revenue affirming aforesaid order in second appeal.2. The facts of the case in brief are that one Anant Ram was co-tenant to the extent of l/3rd share in the land in dispute. He executed registered sale deed on 9.7.1965 in favour of Indra Narain, respondent No. 1. The petitioners are co-tenants to the extent of 2/3rd share in the land in dispute. They filed suit for cancellation of sale deed dated 9.7.1965. The civil court dismissed the suit on 13.5.1970. They preferred appeal against said decree. The Additional District Judge dismissed the appeal on 9.11.1970. The crops were standing over the land in dispute. Respondent No. 1 filed suit for damages as the petitioners had taken away the crops. The suit for damages was decreed b...
Smt. Bhagmaniya Devi Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-02-1998
Reported in: 1999(1)AWC271
D.K. Seth, J. 1. The husband of the petitioner was appointed in 1947 in the Civil Supplies Department. It is alleged that he was retrenched from the said Department on 9th March, 1954. However, the widow in the writ petition, has not made any suchpleading. On the other hand, she said that her husband continued in the Civil Supplies Department till 9th March. 1954 and, thereafter, he was appointed as Routine Grade Clerk on 18th April, 1954, in the Tubewell (East) Division, Department of Irrigation. She claims that he had in his credit, 28 years of service, namely 7 years in the Civil Supply Department and 21 years in the Irrigation Department, till 1st March, 1975. Before that the petitioner's husband had a heart attack some time around 1st March, 1973, since when he was on leave. The authorised leave had expired on 1st March, 1975. The petitioner alleges that her husband had applied for voluntary retirement w.e.f. 1st March, 1975. The husband of the petitioner would have retired on 31s...
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