Allahabad Court September 1998 Judgments
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Shibban Vs. Competent Authority, Urban Ceiling Town Hall, Meerut and O ...
Court: Allahabad
Decided on: Sep-02-1998
Reported in: 1998(3)AWC2117
Sudhir Narain, J.1. The petitioner seeks writ of certiorari quashing the notice dated 31.3.1998 issued by the Competent Authority. Urban Ceiling, Meerut. asking the petitioner to deliver the possession of the land which has been declared as excess vacant land.2. The facts in brief are that a notice was issued to the petitioner by the competent authority under sub-section (3) of Section 8 of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'the Act'), indicating that the petitioner has excess vacant land. The petitioner filed objection stating that the disputed land was agricultural land. The competent authority rejected the objection vide order dated 5.11.1983 declaring 10850. 77 sq. mtrs. surplus land. The petitioner preferred an appeal before the District Judge under Section 33 of the Act. The District Judge dismissed the appeal on 5.11.1983. It was found that in the Master Plan, plot Nos. 246 and 354 were shown for residential purpose and other non-agric...
Girish Pal Singh Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-02-1998
Reported in: 1998(3)AWC2115
Binod Kumar Roy and R. K. Mahajan, JJ.1. The petitioner, a practising Advocate has come up with a prayer to quash the order dated 1,5.1990, passed by the Sub-Registrar. Dataganj. Budaun (respondent No. 4] refusing to register an agreement to sell drafted by him in the backdrop of G.O. bearing No. S.R. 75/11-90 as contained in Annexure-2.2. Dr. Padia, learned counsel appearing on behalf of the petitioner, with reference to the statements made in Paragraph No. 6 of the writ petition contended that respondent No. 4 has completely misconceived Rule 6 (2) of the Uttar Pradesh Document Writers Licensing Rules, 1977 (hereinafter referred to as the 'Rules') and thus his order is liable to be quashed.3. Sri H. R. Misra, learned standing counsel appearing on behalf of respondents, contended that since the impugned order has been passed on thebasis of the Government Order, no wrong has been committed and thereby the writ petition is liable to be dismissed.4. Paragraph 6 of the writ petition reads...
Anil Kumar Agarwal Vs. Assistant Labour Commissioner, Mathura and Othe ...
Court: Allahabad
Decided on: Sep-02-1998
Reported in: 1998(3)AWC2300; [1999(81)FLR43]; (1999)IILLJ1318All
S. R. Singh, J.- 1. The vexed question in the instant petition amongst others is whether 'Child Labour Compensation' can be recovered from the alleged employer of child labour to enforce obedience to the rights and liabilities stemming from the Judgment of the Apex Court M. C. Mehta's case, M. C. Mehta v. State of T. N. and others, AIR 1997 SC 699, merely on the report of the Inspector appointed under Section 17 of the Child Labour (Prohibition and Regulation) Act, 1986 (In Short the 'Act') without an opportunity of hearing being given to the alleged employer. It is on this line that the petitioner has sought for issuance of writ of certiorari quashing firstly, the notices/orders dated 9.7.1997 issued/passed by the respondent No. 1 (Annexures-4, 5. 6 and 7) ; secondly, the Government Order dated 5.6.1998 (Annexure-12) by which the Addl/Deputy/Asstt. Commissioner has been ceded power to issue recovery certificate for recovery of compensation payable by the 'offending employer' as per th...
Smt. Shati Devi Vs. Additional Distrist and Sessions Judge, Karvi and ...
Court: Allahabad
Decided on: Sep-02-1998
Reported in: 1998(3)AWC2297; (1999)1UPLBEC772
S. R. Singh, J.1. Petitioner, Smt. Shanti Devi and respondent, Smt. Babua alias Butuwa amongst others were horn-locked in election for the office of Pradhan of Gram Panchayat, Kotilihayi. Vikas Knand Manikpur, district Banda, held in the year 1995. The petitioner and the third respondent both secured 187 votes each which is the highest number of votes polled amongst the contesting candidates. In an effort to break the stalemate, the respondent No. 3 moved an application before the Returning Officer, suggesting that the decision between the two candidates be taken by means of 'toss'. A copy of the application has been annexed as Annexure-1 to the petition. It would appear that the suggestion was not demurred to by the petitioner as a result of which the Returning Officer was induced to the expedient of toss and get the result accordingly. On the coin being flipped, it turned the wheel in favour of the petitioner and against the respondent No. 3 and the result was declared accordingly vi...
Smt. Geeta Sharma and Another Vs. Regional Deputy Director of Educatio ...
Court: Allahabad
Decided on: Sep-02-1998
Reported in: 1998(4)AWC187
M. Katju, J.1.Heard Shri S. K. Garg learned counsel for the petitioner No. 2 and Shri R. C. Sinha for the petitioner No. 1 and learned standing counsel.2. The petitioners were appointed as teachers in a Primary School in 1991 but they have not been paid full salary inspite of several representations.3. In this connection, petitioners may make a representation to the respondent No. 1 who will decide the same within two month thereafter in accordance with law by a speaking order. Learned counsel for the petitioners states that services of the petitioner No. 2 Smt. Anita Sharma had been terminated. On 13.8.98 she was again permitted to join and she signed on the attendance register but thereafter her service was again terminated withoutgiving opportunity of hearing on the ground that she had filed a writ petition in the High Court. This fact may also be considered by the respondent while deciding the representation.4. The writ petition is disposed of finally.5. Learned counsel for the pet...
Chandravati Polymers Pvt. Ltd. Vs. Secretary, Cbe and C and ors.
Court: Allahabad
Decided on: Sep-02-1998
Reported in: 1999(82)LC244(Allahabad)
S.L. Saraf, J.1. The order passed by the Commissioner (Appeals), Central Excise, Ghaziabad on 3.8.1996 is hereby quashed and set aside in as much as the same was passed without giving an opportunity of hearing to the petitioner in this matter. I remand the matter to the Assistant Commissioner, Central Excise, who shall consider and dispose of the same and pass an appropriate order on merits.2. In the result, the writ petition is allowed. No order as to costs....
Rakesh Chandra Dube Vs. Rent Control and Eviction Officer/Additional D ...
Court: Allahabad
Decided on: Sep-01-1998
Reported in: 1999(1)AWC332
J.C. Gupta, J.1. By means of this writ petition, the petitioner seeks a writ of certiorari for quashing the order dated 7.4.94 passed by respondent No. 1. whose copy has been annexed as Annexure-5 to the writ petition.2. The dispute relates to a portion of House No. 12/112 situate in Mohalla Gwaltoli, Kanpur Nagar. The petitioner is admittedly a Police Inspector. It is also not disputed that respondent No. 2 is the owner and landlord of the disputed accommodation. The proceedings were initiated before R.C. and E.O., respondent No. 1 on the application moved by respondent No. 2 wherein he prayed that the building in question be released in his favour after declaring the same vacant. The Rent Control Inspector was directed to make a spot inspection and he submitted (he report that the accommodation in question was in unauthorised occupation of the petitioner and the same was vacant. The petitioner filed objections before the R.C. and E.O. alleging therein that he has been in occupation o...
Ganesh Shankar Misra Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-01-1998
Reported in: 1999(2)AWC1073
R.H. Zaidi, J.1. In these cases common questions of law and fact are involved and counter-affidavit and rejoinder-affidavits have also been exchanged and filed by the parties. Therefore, as desired by the learned counsel for the parties'as well as looking to the importance of the subject-matter in dispute, these petitions were heard finally at this stage and are being disposed of by means of this common judgment.2. By means of Writ Petition No. 3506 (S/S) of 1998, petitioner prays for issuance of a writ, order or direction in the nature of certiorariquashing the order dated 4.8.98 passed by Basic Shiksha Adhikan, Unnao, appointing authority/ disciplinary authority, whereby the petitioner has been dismissed from the post of Assistant Teacher, in the Primary School Laharkhera, Gramin Kshetra-Sarosi, district Unnao, established and run by U. P. Basic Shiksha Parishad, Allahabad (for short 'the School').3. Relevant facts of the case as unfolded in the writ petition are that the petitioner ...
Ram Pal Singh Tyagi Vs. U.P. Co-operative Federation Ltd. and Another
Court: Allahabad
Decided on: Sep-01-1998
Reported in: 1998(3)AWC2119
Palok Basu and B. K. Sharma, JJ.1. Short but interesting question which arises in this writ petition Is as to whether the power which has been conferred on Managing Director by Amending Act. i.e., U. P. Act No. I of 1997, promulgated with effect from 16.4.1997 permitting that 'the Managing Director of a society shall be incharge only of current duties of the Committee of Management' would mean that the Managing Director can assume the powers as conferred by Regulation No. 86 of U. P. Co-operative Societies Employees' Service Regulations, 1975 or U. P. Co-operative Federation Limited Karmchari Seva Niyamawali. 1980. whichever may be held applicable to the facts of the present case.2. Before proceeding further with the facts of the case. It may be pointed out that it is in the year 1976 that the State of U. P. came out with the Amending Act No. XII of 1976, which permitted the appointment of a Managing Director, instead of Secretary, of Apex Societies. It is undisputed that U. P. Coopera...
Committee of Management, Shantanand Swatantra Bharat Inter College, Am ...
Court: Allahabad
Decided on: Sep-01-1998
Reported in: 1998(3)AWC2162
O.P. Garg, J. 1. By means of the present writ petition under Article 226 of the Constitution of India, the order dated 28.5.1998, Annexure-10 to the writ petition, passed by Regional Joint Director of Education (for short 'R.J.D.E.') Azamgarh Region, Azamgarh, recognising the Committee of Management of Satya Deo Rai--respondent No. 3 who claims himself to be the Manager, has been challenged and it is prayed that the said order be quashed and the respondents be commanded not to interfere with the affairs of the Management of Swatantra Bharat Inter College. Arnila, district Mau run by the petitioners' Committee of Management, of which Shambhu Nath-petitioner No. 2 is the Manager.2. Counter and rejoinder-affidavits have been exchanged. Heard Sri S. K. Singh. learned counsel for the petitioners and Sri Ashok Bhushan. learned counsel for the contesting respondent No. 3--Satya Deo Rai as well as learned standing counsel.3. There is a recognised and aided educational institution run in the na...
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