Allahabad Court October 1999 Judgments
Punjab National Bank Vs. Iiird Additional District Judge, Dehradun and ...
Court: Allahabad
Decided on: Oct-29-1999
Reported in: 2000(1)AWC54
Yatindra Singh, J.1. This writ petition raises questions : Whether a landlord is required to allege and prove bona fide requirement in an application under Section 21 (8) of the U. P. Urban Buildings (Regulation of Letting. Rent and Eviction) Act, 1972 (the Act) for enhancement of the rent Is Section 21 (8), a proviso to Section 21 (1) (a) of the Act This is how these questions arise.FACTS 2. The Punjab National Bank (the Bank) was a tenant of a portion of Building No. 7, Darshani Gate, Dehradun (the premises) prior to 9.2.1968 at the rate of Rs. 400 per month. Sri Tej Prakash and Sri Purshottam Das (the contesting respondents) are the landlords. A lease deed was executed on 9.2.1968 between the parties and the rent was enhanced to Rs. 530 per month. This lease was for a period of 10 years,which could be renewed for period of another 10 years. There is no mention if the rent could be enhanced or not.3. The contesting respondent filed an application on 1.8.1985 for enhancement of rent u...
Tag this Judgment!Dr. Ajai Dhar Dubey Vs. State of U.P. and Another
Court: Allahabad
Decided on: Oct-29-1999
Reported in: 2000(1)AWC267
M. Katju and D. R. Chaudhary, JJ. 1. Heard learned counsel for the petitioner and the learned standing counsel.2. The petitioner has prayed for a mandamus directing the State Government to fill up the post of Presiding Officer of Labour Court, Allahabad, which has been lying vacant for more than a year. It is really regrettable that the Presiding Officer in the Labour Court has not been appointed for such a long time, and this must be causing a lot of inconvenience to the workmen and others concerned who have raised Industrial disputes for adjudication by the Labour Court.3. We are of the opinion that the post of Presiding Officer in the Labour Court. Allahabad must be filled up expeditiously and we directaccordingly. We arc also of the opinion that persons who are appointed on the post of Presiding Officers of Industrial Tribunal /Labour Court, should have a good knowledge of labour law. Experience has shown that very often persons are appointed on these posts who have little or no kn...
Tag this Judgment!Lakhan Singh Niranjan Vs. Ram Kesh
Court: Allahabad
Decided on: Oct-28-1999
Reported in: I(2000)ACC287; 2000ACJ575; 2000(1)AWC26
D. K. Seth, J.1. The award under Section 140 of the Motor Vehicle Act passed by the learned Special Judge, Oral in Original Suit No. 86 of 1993 on 8th September. 1999, has since been challenged in this appeal. Mr. D. P. Singh, learned counsel for the appellant contends that there was no evidence about the involvement of the truck in the alleged accident and as such, even though the said question is to be determined on summary proceeding, in the absence of any evidence, the award could not have been passed simply on the basis of the F.I.R. In support of his contention, he relied upon the decision in the case of Managing Director Transport Corporation Limited v. P. Saraswathi and others, J 992 ACJ 248. He also contends that in order to prove the involvement of the vehicle in the accident, some amount of evidence other than FIR would be necessary, when the accident itself is denied by the owner. He relied on the decision in the case of Sabir Hussain and others u. Abdul Rahman, Driver. 199...
Tag this Judgment!Uma Crushing Ston Co. and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Oct-28-1999
Reported in: 2000(1)AWC433
Palok Basu, J.1. Undisputedly, policy decisions relating to matters which involve betterment of the polity and of the masses are within the exclusive jurisdiction of the respective Governments, subject to Judicial scrutiny if the policy is challenged on the ground of contravening fundamental rights or disturbing thebasic structure of the governance through the constitutional provisions, whether or not the policy decision sought to be conveyed through G. O. dated 16.3.1999 issued by the State of U. P. conforms with the directive principles and the fundamental rights of citizens enumerated under the Constitution are the two basic issues raised by the petitioners in this bunch of writ petitions. The Government Order dated 16.3.99 which is under challenge, has been issued by the State of U. P. in exercise of power conferred by the provisions of the Uttar Pradesh Minor Minerals (Concession) Rules. 1963 (in short. M.M.C. Rules) which have been framed in pursuance of the provisions contained ...
Tag this Judgment!Bhola Nath Yadav Vs. State of U.P. and Others
Court: Allahabad
Decided on: Oct-28-1999
Reported in: 2000(1)AWC513
S.H.A. Raza and D.R. Chaudhary, JJ.1. The present writ petitions have been filed by one Bhola Nath Yadav and other by Prabhat Kumar Mukherji who were working as District Government Counsel (Crl.) and Addl. District Government Counsel (Crl.) in the district of Sonbhadra. Being aggrieved against the order of non-renewal of their postings on the designation which they had held, they knocked the door of this Court.2. Bhoia Nath Yadav was initially appointed on the post of A.D.C.C. (Crl.) Sonbhadra on 26.2.1991 and worked as such till 1995. as his term was renewed from time to time. In the year 1995, the post of D.G.C. (Criminal) fell vacant. in pursuance of which he applied for his appointment and he was selected and appointed by the State Government as D.G.C. (Criminal) Sonbhadra on 16.12.1995. On a recommendation being made by the District Judge and the District Magistrate, his term as D.G.C. (Criminal) was renewed by the State Government on 24.6.97. When the process for renewal of the t...
Tag this Judgment!Chandra Bhan Singh Rathore Vs. District Inspector of Schools and ors.
Court: Allahabad
Decided on: Oct-28-1999
Reported in: [2000(86)FLR500]; (2000)1UPLBEC897
A.K. Yog, J.1. Chandra Bhan Singh Rathore, petitioner, filed this petition in the year 1993 with the following prayer :(a) to issue a writ order or direction in the nature of mandamus directing the respondents to appoint the petitioner on the class IIIrd Post in the Kunwar Ram Chandra Singh Girls Inter College, Mainpuri, the institution on in which the mother of the petitioner was working as a Assistant Teacher in J.T.C. Grade;(b) to issue any other writ order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case;(c) to award the cost of the petitions of the petitioner.2. The facts of the case are that petitioner secured Bachelor Degree (in Arts) in the year 1971. Mother of the petitioner Smt. Rami Bai Rathore was working as Assistant Teacher (J.T.C. Grade in educational institution Kunwar Ram Chandra Singh Girls Inter College, Mainpuri. It is not stated in the petition whether said institution is a 'recognised', or 'Government Aided' institutio...
Tag this Judgment!Frontier Springs Limited Vs. Commr. of C. Ex. (Appeals)
Court: Allahabad
Decided on: Oct-28-1999
Reported in: 2000(67)ECC353; 2000(118)ELT567(All)
P.K. Jain, J.1. The petitioner M/s Frontier Springs Limited has filed the present writ petition for the following relief :-'(i) Issue a writ of Certiorari quashing the interim order dated 26.4.99 served on 22.5.99 passed by the Commissioner of Central Excise (Appeals), Allahabad on the stay-cum-waiver application;(ii) Issue any other writ, order or direction in the nature of mandamus directing the Commissioner (Appeals) to decide the stay-cum-waiver application within a stipulated period without insisting on pre-deposit of 50% of the adjudged dues and further directing the respondents not to recover the adjudged dues during the pendency of the appeal.'2. In the writ petition the petitioner has alleged that he is engaged in the manufacturer of leaf springs & coil springs falling under Chapter 73 of the Central Excise Tariff Act, 1985. The petitioner was using Flat bars as inputs in the manufacture of his final products and was availing the facility of Modvat. In terms of Rule 57-F(1) th...
Tag this Judgment!Santosh Kumar Tripathi Vs. Chief Engineer (Adhisthan Anubhag) E-4 Kh, ...
Court: Allahabad
Decided on: Oct-27-1999
Reported in: 2000(1)AWC13; (2000)1UPLBEC131
A. K. Yog, J. 1. One R. C. Sharma/ R. C. Tripathi was employed as tubewell operator in Sub-Division I, Varanasi. He died on 1st May, 1992.Petitioner (major son of said Sri Tripathi) and who had passed Intermediate U. P. Board Examination in 1985 submitted application for being appointed on compassionate ground under relevant Dying-in-Harness Rules. 1974, true copy of the said application dated 26th July, 1992 is annexed as Annexure-2 to the writ petition. Another application dated 17th March. 1993 was filed as Annexure-3 to the petition.2. Skipping over unnecessary details, it is an admitted fact that petitioner was selected and required to undergo requisite training under relevant service rules vide order dated 13th September, 1995 (Annexure-5 to the writ petition). In the said letter, it was clearly mentioned that petitioner will have to undergo six months' training and on his successful completion, he will have to clear the test adjudged him suitable for working as Seench Parvekshak...
Tag this Judgment!Mukesh Chandra Vs. State of U.P. and Others
Court: Allahabad
Decided on: Oct-27-1999
Reported in: 2000(1)AWC221; [2000(85)FLR317]; (2000)1UPLBEC101
V.M. Sahai, J.1. W h e t h e r appointment by Government of a welfare State or its instrumentality or department against regular vacancies on fixed salary for limited period, its continuance for two to three years and then termination amounts to exploitation under Article 23 of the Constitution ; whether the appointing authority can appoint deliberately against rules and claim that the appointee having been appointed illegally has no right and is not entitled to approach the High Court under Article 226 ; whether such appointments which are contrary to rules and are made under political pressure or for other reasons which means extraneous consideration can lead to tortuous liability of the appointing authority are some of the questions of far-reaching importance that have been raised by the petitioner who has been helpless victim of such illegal action.2. The petitioner an unemployed youth of the weaker section of the society was appointed on 7.8.1996 against one of six sanctioned post...
Tag this Judgment!Shamshad Ahmad Vs. District Judge, Dehradun and Others
Court: Allahabad
Decided on: Oct-27-1999
Reported in: 2000(1)AWC448
Sudhir Narain, J.1. This writ petition is directed against the order dated 14.10.1980 passed by the Rent Control and Eviction Officer allotting the accommodation to respondent No. 3 and the order of respondent No. 1 dismissing the revision against the said order on 19.12.1980. 2. Briefly the facts are that one Harbans Lal was tenant of Premises No. 64, Munnuganj, Dehradun, of which the petitioner is landlord. He constructed his own house at Keshav Nagar, Dehradun and intimated to the landlord on 16.6.1980 that he would vacate the house in the last week of the month and will hand over its possession. On the basis of this information, the petitioner intimated to the District Magistrate under Section 15 (1) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act. 1972 (in short the Act) that Harbans Lal, the tenant, is to vacate the accommodation. In the prescribed form in column 'the actual or expected date of vacancy', he mentioned the date of vacancy as 24.6.1980. The R...
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