Allahabad Court September 1998 Judgments
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Executive Committee, Aryan Education Trust Vs. Prescribed Authority Un ...
Court: Allahabad
Decided on: Sep-15-1998
Reported in: (1998)3UPLBEC1934
O.P. Garg, J.1. It is distressing to note that an illegally constituted Executive Committee, has, with a view to perpetuate or to linger on its continuance for an indefinite period, deliberately and with wholly dishonest and evil intention, been successful in procrastinating the election process. This observation is fortified from the following facts -Executive Committee of Aryan Education Trust, 92-A, Meerapur, D.A.V. College Campus, Allahabad is a registered society. It filed a writ petition (No. 15764 of 1996) through its Secretary, Dr. Rudra Prakash Srivastava to challenge the order dated 27.3.1996, Annexure 14 to the writ petition passed by Smt. Sangeeta Singh, Prescribed Authority/Sub-Divisional Officer, Chial under Section 25 of the Societies Registration Act, whereby the election of the petitioner held on 9.5.1993 was found to be illegal. On 3.5.1996, the following order was passed by this Court :-'Issue notice to respondents 2 and 3 returnable at an early date. List this case ...
Dr. Nawal Kishore Gupta and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Sep-15-1998
Reported in: 1999CriLJ3404
ORDERS.K. Phaujdar, J. 1. It is an application for quashing an order directing the police to register a case and investigate a complaint of opposite party No. 2 before the Magistrate. A preliminary objection is being taken by the other side that in fact an FIR and the investigation are really challenged through this application in the garb of challenging the order under Section 156(3), Cr. P. C. The opposite party No. 2 made a complaint that his kidney was fraudulently removed by the present applicants and the pain under which he was suffering and for which he has met Surgeon is still persisting. A magistrate gets a jurisdiction under Section 156(3), Cr. P. C. if he is empowered to take cognizance under Section 190, Cr. P. C. and if the complaint prima facie discloses a cognizable offence. The magistrate had before him a complaint prima facie disclosing a cognizable offence and there is no challenge that he was not competent to take cognizance under Section 190, Cr. P. C. Seen in this ...
Uma Kant Sharma, Adv. Vs. Chief Justice D.P. Mohapatra, Allahabad High ...
Court: Allahabad
Decided on: Sep-14-1998
Reported in: 1999(1)AWC296
G. P. Mathur, J.1. This contempt petition has been filed under Article 215 of the Constitution of India read with Section 12 of the Contempt of Courts Act for punishing the respondents for wilfully circumventing the direction of the Full Bench decision dated 30.6.1998. The respondents arrayed in the petition are--(1) Hon'ble Mr. Justice Dev Priya Mohapatra, Chief Justice, Allahabad High Court and (2) Sri S. S. Kulshrestha, Registrar High Court.2. The petitioner Uma Kant Sharma filed Writ Petition No. 35384 of 1995 arraying State of U. P. through Appointment Secretary. High Court of Judicature at Allahabad through Registrar and 18 other private persons as respondents. The prayer made in the writ petition was that a writ of mandamus be issued commanding the respondents to fill up all the existing vacancies of the quota of direct recruits by appointingthe petitioner in accordance with the provisions of Service Rules 1975, declaring the amendment in the Rules 8, 22 and 26 of the Higher Jud...
Ranvir Kumar Vs. Judge, Family Court, Moradabad and Another
Court: Allahabad
Decided on: Sep-14-1998
Reported in: 1998(4)AWC39; I(1999)DMC511
S.R. Singh, J.1. Constant marital bickering and consequent stand-off between the petitioner and the respondent appears to be the causative factors for institution of a petition by the petitioner under Section 13 of the Hindu Marriage Act, 1995, seeking dissolution of the marriage on the ground of ' wilful neglect' and 'desertion' by the wife-respondent herein. The learned Judge. Family Court, passed an order on 29.9.1997 that the case would proceed ex parte against the defendant. Thereafter, on the basis of ex parte evidence, the matter escalated into a decree passed for dissolution of marriage vide judgment dated 16.10.1997, reinforced with the finding that 'desertion and wilful neglect on the part ofSmt. Rekha Cupta is proved.' 'On coming to know of the ex parte judgment, the respondent-wife moved an application with the prayer to set aside the order dated 29.9.1997 and the judgment and decree dated 16.10.1997. The reason for non-appearance on material dates was that she was residing...
Shiv Kumar Singh Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-14-1998
Reported in: 1998(4)AWC127; [1999(81)FLR552]
D.P. Mohapatra, C.J. and G.P. Mathur, J.1. The appellant's claim for being given out of turn promotion from the post of Head Constable to that of Sub-Inspector was rejected on 3.4.1996. He filed Writ Petition No. 22670 of 1996 in which an interim order was passed on 7.10.1996 directing Inspector General of Police to decide the appellant's application by a speaking order. The application was rejected by the Director General of Police by the order dated 12.12.1996. The writ petition was thereafter amended in which the aforesaid order was challenged. Ultimately the learned single Judge dismissed the writ petition by the Judgment and order dated 18.2.1998. The present special appeal has been preferred assailing the said order.2. The State Government issued a G. O. on 3.2.1994 which provides for granting out of turn promotion to Head Constables of Police Force who show exemplary courage and bravery in the discharge of their duties. The appellant claims that his case was covered by the afore...
Head Constable 205 Shiv Kumar Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-14-1998
Reported in: (1999)IIILLJ712All
D.P. Mohapatra, C.J. and G.P. Mathur, J.1. The appellant's claim for being given out of turn promotion from the post of Head Constable to that of Sub-Inspector was rejected on April 3, 1986. He filed writ petition No. 22670 of 1996 in which an interim order was passed on October 7, 1996 directing Inspector General of Police to decide the appellant's application by a speaking order. The application was rejected by the Director General of Police by the order dated December 12, 1996. The writ petition was thereafter amended in which the aforesaid order was challenged. Ultimately the learned single Judge dismissed the writ petition by the judgment and order dated February 18, 1998. The present special appeal has been preferred assailing the said order. 2. The State Government issued a G.O. on February 3, 1994 which provides for granting out of turn promotion to Head Constables of Police Force who show exemplary courage and bravery in the discharge of their duties. The appellant claims that...
Madan Kant Sharma Vs. Committee of Management, Anglo Sanskrit Inter Co ...
Court: Allahabad
Decided on: Sep-14-1998
Reported in: (1999)1UPLBEC123
D.P. Mohapatra, C.J. and R.R.K. Trivedi, J.1. Heard Sri K.P. Shukla for the appellant, Sri Ashok Khare for the respondents 1 & 2 and Sri Sabhajeet Yadav, standing Counsel for the respondents 3 & 4.2. Being aggrieved by the order dated 21.8.1998 of Civil Misc. Writ Petition No. 14984 of .1997 in which the learned Single Judge disposed of the writ petition with certain observation and direction, the respondent No. 4 of the writ petition has filed this-appeal assailing the said order.3. The relevant portion of the impugned order reads;'In the circumstances the petition is disposed of with a direction to the D.I.O.S. to send the papers forwith to the U.P. Secondary Education Services Selection Board and the Board shall pass final order on the said proposal within two months from the receipt of the papers from the D.I.O.S. in accordance with law.Till the decision of the Board the impugned order shall remain stayed.Petition is finally disposed of.'4. The thrust of the submissions of Sri Shuk...
Kishan Bhadur Vs. Iind Additional District Judge, Dehradun and Others
Court: Allahabad
Decided on: Sep-13-1998
Reported in: 1999(4)AWC3473
A. K. Yog, J.1. Kishan Bahadur has filed this petition to challenge judgment and order dated 4th August 1999 passed by the Court below under Section 25, Provincial Small Causes Court Act in S.C.C. Revision No. 53 of 1996, Kishan Bahadur v. Narendra Rai Gupta (Annexure-6 to the writ petition) and judgment andorder dated 12th December, 1996 passed by Judge Small Causes Court, Dehradun rejecting application/ objection filed by the petitioner under Section 47, Code of Civil Procedure against J. C. C. Miscellaneous Case No. 21 of 1993 (Annexure-5) to the writ petition) arising from Suit No. 28 of 1990, which was decreed by the Judge Small Causes Court. Dehradun vide judgment and order dated 2nd February 1993 whereby Small Causes Court Suit No. 28 of 1990, Narendra Rai Gupta v. Kishan Bahadur, was allowed and decreed requiring the tenant-petitioner to vacate the accommodation and pay arrears of rent, costs of notice etc.2. Briefly stated, the facts of the case are that Suit No. 28 of 1990 wa...
Seva Singh and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-11-1998
Reported in: 1999(1)AWC69; (1999)1UPLBEC423
D. K. Seth, J.1. The petitioners have challenged the order dated 6th May, 1998 by which it was decided that those Forest Guards who have been promoted to the post of untrained Foresters and below 50 years of age would be sent for training according to their seniority for a period of six months. Mr. P. C. Jhingan, learned counsel for thepetitioners submits that at the time of initial appointment 20 to 21 years ago, the petitioners were given training on the posts of Forest Guard in which they were appointed, but he has admitted that the petitioners have never undergone training for the post of Forester. Now it has been decide that the petitioners who have been so promoted should undergo training for the post of Forester. This is being objected by the petitioners by means of this writ petition. Mr. P. C, Jhingan, learned counsel for the petitioners contends that by reason of some training, the petitioners have to spend some amount of money which is 60% of their salary. Though such statem...
Smt. Saroj Kumari Yadav Vs. State of U.P. and Others
Court: Allahabad
Decided on: Sep-11-1998
Reported in: 1999(1)AWC514; (1999)1UPLBEC630
I.P. Vasishth, J.1. We are seized of 4 separate but almost similar, abovenoted, writ petitions revolving around the scope and implications of Rules 3 and 4 of the Uttar Pradesh Kshelra Panchayats and Zila Panchayats (Removal of Pramukhs. Up-Pramukhs. Adhyaksha and Upadhyaksha) Enquiry Rules. 1997 (hereinafter referred to as the Enquiry Rules], framed under the U. P. Gram Panchayat and Zila Panchayat Adhinium. 1961 (U. P. Act No. XXXIII of 19611 (hereinafter referred to as the Act). Since they were argued together in a lot, therefore, we propose to dispose them off by the common instant judgment.2. To have a brief glance in the factual matrix of these cases, in the context of Writ Petition No. 1896 of 1998 ; per her propagation the petitioner was elected as Adhyaksh of Sultanpur Zila Panchayat in May, 1995 : she belongs to a particular political party which was opposed to the programme and philosophy of the ruling party of the day, therefore, they started creating unwarranted hindrances...
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