Allahabad Court December 1999 Judgments
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Tarseem Singh Vs. Trade Tax Officer, Sahayata Kendra, Batch d and anr.
Court: Allahabad
Decided on: Dec-09-1999
Reported in: [2002]126STC318(All)
1. By this petition under Article 226 of the Constitution of India, the petitioner challenges seizure of a tanker of used lubricating oil and also a writ of mandamus directing the respondents to permit the petitioner to transport the said goods to their destination.2. A counter-affidavit has been filed on behalf of the respondents. No rejoinder-affidavit is proposed to be filed.3. We have heard Shri M. Mangalik, learned counsel for the petitioner and Shri R.D. Gupta, learned Standing Counsel for the respondents.4. The petitioner, Tarseem Singh, is a truck driver. His case is that on behalf of J. Shardanand, 511, Ravindra Sareni, Calcutta, he was transporting a consignment of 16,000 litres of 'used lubricating oil from Calcutta to Jalandhar. The goods were contained in a tanker. For their transport from Calcutta to Jalandhar, he had to enter the State of U.P. He, therefore, arrived at the entry check-post at Naubatpur in the District of Varanasi and applied for a trip-sheet in terms of ...
Devendra Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-09-1999
Reported in: (2000)1UPLBEC412
A.K. Yog, J.1. An amendment application has been filed belatedly after this Court detected that earlier Writ Petition No. 42007 of 1996 with identical facts and similar relief was filed as already noted by this Court in its order dated 14-10-99.2. In the interest of justice, I allow this application. The proposed amended reliefs shall be read in the writ petition (which may be incorporated by the office in due course). I do not propose to adjourn the case on this score.3. Amendment of reliefs, as prayed in the amendment application No. 88560 of 1999, will have no consequence otherwise on the final result of the case.4. In the present writ petition (dated 16-12-97) the petitioner has sought two reliefs (A) Regularisation (P) Payment on the basis of minimum of the regular pay scale prescribed for similar regular employee (identically situated as the petitioner) while working as daily wager in the Deptt. of Forest. U.P. :5. The first prayer in this writ petition reads :'(I) to issue a wri...
Jai NaraIn and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Dec-09-1999
Reported in: 2000CriLJ3808
U.S. Tripathi, J.1. This appeal has been preferred against the judgment and order dated 21-4-1980 passed by Sessions Judge, Hamirpur in Sessions Trial No. 240-A of 1.975, convicting the appellants Hukum Singh alias Hakim Singh under Sections 302, 307/34 and 324, I.P.C. and sentencing him to undergo imprisonment for life under Section 302, I.P.C, R.I. for a period of seven years under Sections 307/34, I.P.C. and R.I. for a period of 1- 1/2 years under .Section 324, I.P.C, convicting the appellant Jai Narain under Sections 302/34, 324/34 and 307/34, I.P.C. and sentencing him to imprisonment for life, R.I. for a period of 1-1/2 years and R.I. for a period of seven years respectively and convicting the appellant Shyam Singh (since dead) under Section 302 read with Sections 34, 307 and 324/34, I.P.C. and sentencing him to undergo imprisonment for life, R.I. for a period of seven years and R.I. for a period of 1-1/2 years respectively.2. The prosecution story, briefly stated, was that Bhagwa...
Pushpendra Singh Vs. Regional Manager, U.P.S.R.T.C., Aligarh and Anoth ...
Court: Allahabad
Decided on: Dec-08-1999
Reported in: 2000(1)AWC442; [2000(84)FLR490]; (2000)1UPLBEC415
N.K. Mitra, C.J. and S. R. Singh, JJ.1. Appeal on hand stems from the Judgment and order dated 4.11.99 passed In Writ Petition No. 46695 of 1999 thereby dismissing the writ petition in limine. The facts constitutive of the grievances of the appellant is that the appellant's father who was serving In the U. P. State Road Transport Corporation, died in harness on 21.8.1984. At the time of the death of his father, the appellant was minor and he attained majority on 12.12.98. He applied forcompassionate appointment on 23.2.99 permissible under the provisions of the U. P. (Recruitment of Government Servants) Dying-in-Harness Rules, 1974. The claim of the appellant for compassionate employment under the Dying-in-Harness Rules met the fate of rejection at the end of Regional Manager, U. P. State Road Transport Corporation. Aligarh vide order dated 30.6.1999 premised on the ground that the application was not moved within five years of the death of the employee. 2. The learned single Judge dis...
Suresh Kumar and Others Vs. Director of Education (Basic), U.P., Luckn ...
Court: Allahabad
Decided on: Dec-08-1999
Reported in: 2000(1)AWC542; (2000)1UPLBEC498
Sudhir Narain, J.1. Suresh Kumar, Smt. Neelam Devi, Anil Kumar Niranjan, Rajwant Sachan and Udai Narain, the petitioners in Writ Petition No. 13638 of 1994, claim that they have been duly selected as Assistant Teachers in Subhash Vidyapeeth, Daheli. Kanpur Dehat (in short the institution) and they should be paid their salary.2. The facts, giving rise to this writ petition, are that Sri Subhash Vidyapeeth is a recognized Junior High School and the teachers are paid salary under the provisions of Payment of Salaries Act. 1979. There were 8 posts of Assistant Teachers in the said institution. The Mandaliya Sahayak Shiksha Nideshak (Basic) by its letter dated 26.9.1986 created 5 more posts and the total posts in the institution became 13. The District Basic Education Officer granted permission by its letter dated 7.6.1991 to fill up 5 posts of Assistant Teachers and to advertise the same. The Management took steps to advertise those posts. 25.6.1991 was fixed as the date for interview by t...
Natthi Ram Vs. District Judge, Dehradun and Others
Court: Allahabad
Decided on: Dec-08-1999
Reported in: 2000(1)AWC641; (2000)1UPLBEC904
ORDERBinod Kumar Roy and Lakshmi Bihari, JJ.1. The petitioner has come up with a prayer to quash Order No-76/91 dated 4.9.1991 passed by the respondent No. 1 (the District & Sessions Judge. Dehradun) under Section 36 of the Legal Practitioners Act, 1879 (hereinafter referred to as the Act) as contained in Annexure-7 to this writ petition recording a finding that he Is satisfied that the petitioner habitually acts as a tout and accordingly his name may be Included in the list of touts, if any, maintained previously and if no such list has yet been prepared, a list as contemplated shall be now prepared including his name as tout at Serial No. 1 thereof and further exercising his powers under sub-section (4) thereof excluding him from the precincts of the District Court. Dehradun.1.1. The aforesaid order reads thus :'On receipt of the resolutiondated 16th July, 1991 from BarAssociation. Dehradun.requesting me to declare Sri NathiRam s/o Sri Jhandoo Lal r/oJhanda Mohalla. Dehradun, as'tout...
Manohar Lal and Others Vs. Rent Control and Eviction Officer/Vth Addit ...
Court: Allahabad
Decided on: Dec-08-1999
Reported in: 2000(1)AWC704
Sudhir Narain, J. 1. This writ petition Is directed against the order dated 19.12.1998 passed by the Rent Control and Eviction Officer, respondent No. 1. declaring the disputed accommodation as vacant.2. Briefly stated the facts are that the petitioner is admittedly tenant of House No. 8/198 Arya Nagar. Kanpur Nagar. Respondent No. 2 purchased this property from its erstwhile owner by registered deed dated 23.8.1997. He filed an application for release on 27.3.1998 alleging that the petitioner has inducted his brother in the disputed accommodation under his tenancy after 1977 and, therefore, the accommodation in question should be deemed as vacant. The petitioner contested the application. It was denied that he had inducted his brother in the year 1977 but in fact they were living since the year 1969. The Rent Control and Eviction Officer took the view that the petitioner failed to prove that he was a karta of the family, therefore, he had no right to permit his brother to occupy any p...
Smt. Yashoda Devi Vs. District Magistrate, Gorakhpur and Another
Court: Allahabad
Decided on: Dec-08-1999
Reported in: 2000(2)AWC1153
Binod Kumar Roy and Lakshmi Bihari, JJ.1. Re : Civil Misc. substitution Application No. 16701 of 1999 And Civil Misc. Delay Condonation Application No. 16700/99.A prayer has been made to expunge the name of sole petitioner, Yashoda Devi. on account of her death on 24.6.1998 and for substitution of the applicants, who claim themselves to be the legal heirs and representatives of the deceased petitioner. In the affidavit accompanying the Substitution Application, they assert themselves to be granddaughter's sons of the deceased petitioner who has executed a registered Will in their favour on 25.7,1990 and. therefore, they have become her legal heirs and representatives.2. Heard Sri H. P. Mishra. learned counsel appearing in support of the prayers aforementioned and perused the alleged photocopy of the Will appended as Annexure-1 to the affidavit. The document, as presented, does not show that the alleged impression of Yashoda Devi is her R.T.I. or L.T.I, or of which finger of the hands. ...
Shamshad Ali Vs. Director (Police-radio) U.P. Police and Others
Court: Allahabad
Decided on: Dec-08-1999
Reported in: 2000(2)AWC1178
R. H. Zaidi, J. 1. Heard learned counsel for the petitioner, learned standing counsel and also perused the record.2. By means of this petition, filed under Article 226 of theConstitution of India, petitioner prays for issuance of a writ, order or direction in the nature of mandamus commanding the respondents to accept resignation submitted by the petitioner and to accept money of security bonds, kits etc.3. Facts giving rise to the present petition, are that the petitioner was selected for appointment as Assistant Radio Operator in the month of January, 1988. Thereafter, he was appointed on the said post in temporary capacity on 26/29.7.88. At the time of hts appointment, the petitioner executed two bonds copies of which are contained as Annexure-4 to the writ petition and Annexure-A3 to the counter-affidavit. The relevant paragraphs of the said bonds are quoted below :'Now the condition of the above written obligation is that in the event of the above bounden failing to faithfully und...
Shobh Nath Gautam Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-08-1999
Reported in: 2000(2)AWC1388; (2000)1UPLBEC275
R.H. Zaldi, J.1. Heard learned counsel for the petitioner, learned standing counsel and also perused the record.2. By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 7.2.1986 dismissing the petitioner from the post of Sub-Inspector of Police.3. Facts of the case, in brief, are that the petitioner absented from duly from 11.2.83 to 31.7.83 without taking leave in accordance with rules. Consequently. disciplinary proceedings were initiated against him. Charge-sheet dated 22.8.83 was issued. According to the statement of fact made in the inquiry report charge-sheet was served upon the uncle of the petitioner. Thereafter. inquiry Officer conducted proceedings behind the bach of the petitioner and submitted his report on 27.12.85. After inquiry, inquiry officer found the charges levelled against the petitioner to have been proved. Therefore, on the ba...
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