Allahabad Court February 1999 Judgments

Committee of Management, Sakaldeeha Degree College and Others Vs. Purv ...

Court: Allahabad

Reported in: 1999(2)AWC1370

D.K. Seth, J. 1. Admittedly, the petitioner's committee was elected in 1993. The term of the committee is admittedly for three years. In the meantime, more than five years elapsed. Despite the expiry of life, the petitioner has obtained an order of status quo in this writ petition. By virtue of this interim order, the petitioner is still continuing.2. Section 57 of the U. P, State Universities Act, 1973 empoweres the State Government on certain condition to call upon the management to show cause why an order under Section 58 should not be made in case where there is dispute as to who are the office bearers of the management, such notice shall be issued to all persons claiming to be so. Section 58 of the said Act provides after considering the explanation, if any, submitted by the management under Section 57, if the State Government is satisfied that any ground mentioned in that section exists, it may appoint an Authorised Controller for taking over the management on such term that migh...

Shri Rajbeer Sharma Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Allahabad

1. This is an application under Section 19 of the Administrative Tribunals Act, 1985 to quash the order dated 16.9.97 passed by the respondent No. 2 and restraining the respondents from dispossessing him from quarter No. 2/N/35, Ordinance Factory, Muradnagar.2. There is no dispute between the parties in respect of facts that the applicant was allotted residential quarter No. 2/E/35, Ordnance Factory, Muradnagar while working on the post of Labourer in Ordnance Factory, Muradnagar, he was implicated as an accused in July, 94, out of which Sessions Trial No. 108 of 95 commenced, he was tried for an offence under Section 376 of I.P.C., convicted and sentenced to imprisonment for five years by Additional District Judge, Ghaziabad on 4.4.96, Criminal Appeal No. 2219 of 1996 was filed by him before the Hon'ble High Court of Judicature at Allahabad and execution of sentence was suspended, his services were determined under Rule 19(1) of the Central Civil Services (Classification Control and ...

Bata India Ltd. and Others Vs. Vth Additional District Judge, Agra and ...

Court: Allahabad

Reported in: 1999(2)AWC999

Sudhir Narain, J.1. This writ petition (s directed against the orderdated 14.10.1998 passed by respondent No. 1, allowing the appeal and releasing the disputed shop in favour of the landlord-respondent No. 3 under Section 21 (1) (a) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act. 1972 (in short the 'Act').2. Briefly stated, the facts are that respondent No. 3 filed an application in the year, 1983 for release of the shop in question against the petitioner on the allegation that the petitioner is a tenant of the shop in question on monthly rent of Rs. 125 per month. His family consists of himself, his wife, four sons and two daughters. He wants to start the business of general merchandise in the shop In question. He is running 'Prasad Cinema' and 'Jai Kaushilya Cinema' in partnership but both the Cinemas are running at loss and the Income derived from them is hardly sufficient to meet out the necessities of his family. He had to sell his two properties at Tundla...

Askand Kumar Srivastava Vs. State of U.P. and Others

Court: Allahabad

Reported in: 1999(2)AWC1017; [1999(82)FLR1]; (1999)2UPLBEC1389

D.K. Seth, J.1. Mr. S. S. Tripathi, learned counsel for the petitioner contends that since the petitioner had been an apprentice in U. P. State Electricity Board sometimes in 1988-89 for the full term and was granted a successful apprenticeship completion certificate, he is eligible and entitled to be considered for being appointed in the post, in which he had obtained training through apprenticeship, without being required to be sponsored through employment exchange and without being required to appear in the examination or selection test for such recruitment together with relaxation of age. In the proposed selection advertised by the Electricity Service Commission. U. P. State Electricity Board, no provision has been made for the petitioner. On the other hand, in terms of the said advertisement, the petitioner was also required to undergo the process of selection text. In support of his contention. Mr. Tripathi had relied on the decision in the case of U. P. State Road Transport Corp...

Smt. Ranjana Devi Alias Sirro and Others Vs. Viith Additional District ...

Court: Allahabad

Reported in: 1999(2)AWC1057

Sudhir Narain, J.1. This writ petition is directed against the order dated 5.10.1990 passed by respondent No. 1 allowing the appeal and releasing the disputed shop in favour of landlord-respondent No. 2 under Section 21 (1) (a) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (in short the Act).2. Briefly stated the facts are that an application under Section 21 (1) (a) of the Act was filed by respondent Nos. 2 to 6 claiming themselves co-landlords of the shop in question which was under the tenancy of Ram Kirti Saran. the husband of petitioner No. 1 and father of petitioner Nos. 2 and 3. It was alleged that the shop was needed to establish Mukesh Kumar son of Rameshwar Saran Sharrna, respondent No. 2 in business who is unemployed. The tenant contested the application and dented that the disputed shop was required by him for carrying on business. In fact, he is already carrying on business of sale and repair of electrical appliances in Mohalla Reti. The pre...

Commander K.K. Gulati and Others Vs. Shalini Memorial Society and Scho ...

Court: Allahabad

Reported in: 1999(2)AWC1085

Sudhir Narain, J.1. These two writ petitions arise out of proceedings taken by the landlords under Sections 21 (1) (a) and 21 (8) of U.P. Urban Buildings (Regulation of Letting, Rentand Eviction) Act, 1972 (hereinafter referred to as the Act). The reference as to the parties in this judgment shall relate to Writ Petition No. 45968 of 1993. 2. Briefly stated the facts arising out of these writ petitions are that the petitioners are landlords of House No. 5, Arjun Road (Nehru Road), Dehra Dun. The disputed house was allotted to the Shalini Memorial Society and School. Dehra Dun, respondent No. 1 on 25.1.1973. The landlords filed an application for release of the building in question in the year 1982 under Section 21 (1) (a) of the Act on the ground that they require it bona fide for their personal need.3. The application was contested by the tenant-respondent No. 1 on the ground that the need of the landlords was not bona fide. It was further objected that the building was let out to an ...

Lachhman Alias Kalloo and ors. Vs. State of U.P.

Court: Allahabad

Reported in: 1999CriLJ3391

K.D. Shahi, J. 1. This appeal has been filed by Natthi and his four sons against their conviction and sentence under various sections in Sessions Trial No. 227 of 1979, State v. Lachhman and other passed by Sri. R. R. Agarwal, Ist Addl. Sessions Judge, Mathura on 19th of April, 1999.2. The following pedigree is relevant to appropriate the facts of the case :. Khem Chand ________________________|________________________ | | | | Shyam Lal Babu Lal Natthi Roshan(deceased accused | |Khajan Singh (deceased) |= Barfi(Widow PW-1) | __________________|_______________ | | | | Lakchman Chhattar Munna Murari alias (Accused) (Accused)(Accused) (Accused)3. Brief facts of the case are that Babu Lal was murdered. In his murder Khazan Singh (deceased) and Saggera were implicated. Both of them were acquitted on trial. It is said that the land of Babu Lal was always in cultivation of Natthi. However, Shyam Lal had given his own share to Dambar and Raghubir on Batai. Dambar and Raghubir were cousin brot...

Rajendra Deva Vs. Addl. Labour Commissioner (Account), Kanpur and Anot ...

Court: Allahabad

Reported in: 1999(2)AWC1083; [1999(81)FLR914]; (1999)IILLJ211All

S.R. Singh, J.1. The petitioner, Rajendra Deva, was employed as a Chemist in M/s. Hari Fertilizers which was an unit of M/s. Orlssa Cement Limited, Sahupuri, Varanasi, U. P. The services of the petitioner came to be terminated w.e.f. 16.5.1989 on account of closure of the said unit. The gratuity payable to the petitioner was not paid by the employer and, therefore, he staked his claim for gratuity under Section 7 of the Payment of Gratuity Act. 1972 thereinafter referred to as the Act). In his application, the petitioner submitted that he had completed more than 20 years of service on 16.5.1989 and his last pay was Rs. 1,440 per month. The amount of gratuity claimed by the petitioner was Rs. 16,615,38 paise with interest. Theapplication was contested, inter alia, on the ground that the last wages drawn by the petitioner was Rs. 1,400 only besides Rs. 38 per month as H.R.A. which was not to be included in the wages for the purpose of calculating the amount of gratuity. The petitioner th...

State of U.P. and Others Vs. Ravindra Nath Rai and Others

Court: Allahabad

Reported in: 1999(2)AWC1230

D.S. Sinha, J.1. Heard Sri Sabha Jeet Yadav, learned counsel representing the appellants and Sri Ashok Khare, learned counsel appearing for the respondents, at length and in detail.2. Instant Special Appeal, under Rule 5 of Chapter VIII of the Rules of Court, 1952, is directed against the Judgment and order dated 28th May, 1997, rendered by his Lordship Hon'ble Markande Katju. J, in Ravindra Nath Rai and others v. State of U. P, and others. Civil Misc. Writ Petition No. 40495 of 1996, allowing the writ petition and giving to the appellants the following direction :'The respondents are directed to prepare a waiting list in the said examination and consider and appoint the persons in the waiting list in accordance with merit to the extent of the number of candidates in the main select list who had not joined.'3. The acts and events constituting undisputed facts of the case, briefly stated, are as below :'For the purposes of recruiting 525 Sub-Inspectors in Civil Police of the State, the ...

Smt. Maya Mishra Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Allahabad

1. In this Original application the applicant makes a prayer to quash the impugned order of termination dated 10.7.1995 passed by Superintendent of Post Offices, Deoria.2. In brief, the facts of the case as stated by the applicant are that the father-in-law of the applicant Sri Kashi Naresh Mishra, Extra-Departmental Branch Post Master (E.D.B.P.M.) Markara Barhaj, Deoria died on 1.5.1994 thereafter, the applicant was appointed as E.D.B.P.M. Markara Barhaj on 24.6.1994 against a permanent vacancy and the applicant joined service on 29.6.1994. It is stated by the applicant that she worked already and there was no complaint against her. It is further stated that there was a clause in the appointment letter that the service of the applicant will be for 6 months only. The applicant immediately made a representation to the respondent No. 2, who assured the applicant to remove this clause within the next few days but all of a sudden, the services of the applicant were terminated by the respo...