Allahabad Court February 1999 Judgments
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Madan Singh Vs. State of U.P. and Others
Court: Allahabad
Decided on: Feb-09-1999
Reported in: 1999(2)AWC996
B.K. Roy and Yatindra Singh, JJ.1. The prayer of the petitioner is to quash the order dated 10th February. 1992 as contained in Annexure-2. Annexure-2 contains a copy of letter dated 10.2.1992 issued by the Additional Collector (Finance and Revenue), Denradun to the petitioner stating, inter alia, that in furtherance of the notices dated 1.10.1991. 9.11.1991 and 7.1.1992, he is being informed that a sum of Rs. 43.500 as stamp fee is to be paid by him on account of lease in his favour thereby it is expected that he will deposit the said amount within one week and in the event of its non-payment, action under Section 48 of the Stamp Act will be taken.2. Sri H. S. Nigam, learned counsel appearing in support of this writ petition contended as follows :(i) The ratio laid down by the three Judges Full Bench decision of our Court in Board of Revenue v. Mulakh Raj and another 1984 ACJ 99, is squarely in favour of the petitioner which had merged in the order passed by the Hon'ble Supreme Court ...
Yogesh Kumar Singh and Another Vs. State of U.P. and Others
Court: Allahabad
Decided on: Feb-09-1999
Reported in: 1999(2)AWC1004
B.K. Roy and Yatindra Singh,JJ.1. Since common questions of law and facts are involved in these two writ petitions, which have been placed together as tied up matters. they are being disposed of by this common judgment.2. Civil Misc. Writ Petition No. 12869 of 1990 has been filed by Yogesh Kumar Singh, Advocate of Bisauli as well as his client Dariyay Singh. Their prayer is to quash G.O./Circular dated 20.4.1990 as contained in Annexure-3 and/or to command the respondents not to give effect to the said G.O./Circular which states that only the deed writers haveright to present to a document for registration and that the Advocates are entitled to only draft it on behalf of their client under Rule 6 (2) of the Rules. The prayer of the petitioner Tehsil Bar Association, NawabganJ, in Civil Misc. Writ Petition No. 12871 of 1990 is same.2.1. Mr. T. P. Singh learned senior counsel for the petitioners comes up with an oral prayer in the First Writ Petition to command respondent No. 2 to regist...
University of Allahabad and Others Vs. Shailendra Kumar Srivastava
Court: Allahabad
Decided on: Feb-09-1999
Reported in: 1999(2)AWC1027; (1999)2UPLBEC973
R.R.K. Trivedi, J.1. This bunch of special appeals arises out of a common Judgment of learned single Judge dated 1.8.1997 by which 21 writ petitions were allowed. These writ petitions were filed challenging the orders of the University awarding punishment for adopting unfair means during examinations. The orders have been quashed and respondents-appellants have been directed to declare the results of the petitioners within one month. The University has also been saddled to pay Rs. 1,500 as costs in each case. As the questions of law and fact involved in these appeals are common, they can be conveniently decided by a common judgment against which parties have no objection. The leading case shall be Special Appeal No. 779 of 1997.2. Out of 21 writ petitions.counter-affidavit was filed by the University only in one writ petition, namely. Civil Misc. Writ Petition No. 14007 of 1997 filed by Shailendra Kumar Srlvastava from which the leading case, i.e., Special Appeal No. 779 of 1997 arises...
Saheb Singh Vs. District Cane Officer, Saharanpur and Another
Court: Allahabad
Decided on: Feb-09-1999
Reported in: 1999(2)AWC1061; (1999)3UPLBEC2264
D.K. Seth, J.1. The petitioner alleges that he has been suspended on account of certain misconduct by the impugned order dated 12.11.1998 contained in Annexure-2 to the writ petition by the Cane Commissioner.2. Relying on Regulation 29 of the U. P. Cane Co-operative Service Regulations. 1975. Mr. S. K. Pundir, learned counsel for the petitioner, contends that an order of suspension can be Issued only by the Secretary and that too on fulfilment of two conditions, namely, that such order of suspension can be Issued only after holding a preliminary enquiry and Upon being satisfied that prima facie case is established against the seasonal employee, and secondly that the situation is as such that it warrants suspension. Drawing my attention to the impugned order, learned counsel for the petitioner contends that there was no indication in the order that any preliminary enquiry was conducted and satisfaction was arrived at about existence of a prima facie case nor there was any opinion In the...
Abdul Rehman and ors. Vs. Asstt. Sugar Commissioner and anr.
Court: Allahabad
Decided on: Feb-09-1999
Reported in: AIR1999All193
S.L. Saraf, J. 1. Heard learned counsel for the petitioner and the learned standing counsel for the respondents.2. This writ petition arises out of an order dated 29th December, 1981 passed by the respondent No. 1 (Annexure 5 to the writ petition) under the U. P. Sugarcane Purchase Tax Act, 1961. The petitioner is the owner of cane crusher unit comprising of two power crushers each of the size 13' x 18' six roller hydraulic non-sulphitation. The petitioner was granted a licence in respect of the aforesaid unit for the assessment year 1980-81. The petitioner exercises option within the meaning of the provisions of Sub-section (1) of Section 3 of the Act read with Rule 13-A of the U. P. Sugarcane Purchase Tax Rules by having filed the declaration in Form XIII. In the said declaration form the petitioner gave full details and particulars of the power crushers. In paragraph 7 of the writ petition the petitioner has stated that in accordance with the provisions of Rule 13-A the petitioner s...
Triveni Metal Tubes Ltd. (In Liquidation) Vs. Official Liquidator and ...
Court: Allahabad
Decided on: Feb-09-1999
Reported in: [1999]97CompCas943(All)
A.K. Banerji, J. 1. The leasehold industrial land including standing trees and pucca factory building (excluding the temple area) and the old factory's steel structures of the company namely, M/s. Triveni Metal and Tubes Limited (in liquidation) were ordered to be sold by calling for tenders jointly by the Industrial Investment Bank of India (IIBI) as well as the official liquidator. After advertising the same in four newspapers, only five tenders were received within time on October 30, 1998, the date fixed by the court. One tender was submitted on the same day but beyond time. On the application of the said party, the court permitted the tender to be taken on record and be considered along with the other tenders. The aforesaid six tenders were opened in the presence of learned counsel appearing for the IIBI, IFCI and the PICUP as well as the official liquidator and the representatives of the parties who had submitted their tenders. Out of the six tenders received, the highest offer w...
Ram Briksh Maurya Vs. Murlidhar Mishra and ors.
Court: Allahabad
Decided on: Feb-09-1999
Reported in: (1999)1UPLBEC706
R.R.K. Trivedi, J.1. This Special Appeal has been preferred by respondent No. 4 of Civil Misc. Writ Petition No. 28451 of 1991 against the order dated 8th March, 1994, passed by the learned Single Judge by which writ petition has been allowed and the panel dated 26th August, 1991 prepared by U.P. Secondary Education Service Commission, Allahabad (here-in-after referred to as 'Commission'), has been quashed so far as it related to Saheed Madhuban Karm Inter College, Khoribari, district Deoria (here-in-after referred to as 'College), respondent No. 4 of the writ petition, appellant herein, was selected as Principal. For the sake of clarity respondent No. 1 and the appellant in this appeal shall be referred to as petitioner and respondent No. 4.2. The facts, in short, giving rise to this appeal are that Sri Rama Kant Mishra, Principal of the College, attained the age of superannuation and retired from the post on 30th June, 1988. The vacancy was notified to the Commission. However, as the...
Bhikkan Vs. Uttar Pradesh Awas Vikas Parishad and Another
Court: Allahabad
Decided on: Feb-08-1999
Reported in: 1999(2)AWC942
D.S. Sinha, J.1. Heard Sri S. K.Lakhtakia, learned counsel appearingfor the appellant and Shri Pankaj Mittal, learned counsel representing the respondent No. 1.2. Instant appeal was presented on April 17. 1998, along with an application praying for six months' time for paying the required court-fecs.3. According to the report of the Stamp Reporter dated April 15. 1998, the court-fees paid on the appeal is deficient by a sum of Rs. 39.327.50 paise.4. Obviously, more than six months, to be precise, about ten months, have elapsed. But the deficiency in court-fees has not been made good.5. The only ground for not paying the court-fees and praying for further time which is discernible from the averments made in paragraph 1 of the application is that :'the appellant is a poor man and has not been able to raise funds for paying the court-fees which is considerably very high.'6. The ground is wholly vague, and does not disclose any exceptional circumstance on account of which the appellant was...
Balram Singh Vs. State of U.P. and Others
Court: Allahabad
Decided on: Feb-08-1999
Reported in: (1999)3UPLBEC2118
D.K. Seth, J.1. The petitioner claims appointment under the Dying-in-Harness Rules and has accordingly applied for.2. Shri R. C. Sinha, learned counsel for the petitioner submits that the petitioner's case has been refused by order dated 13.11.1998 which is Annexure-8 to the writ petition. In the said order, it has been pointed out that the petitioner did not possess the educational qualification for being appointed in the post, however, his case may be considered for appointment against a Class IV post. He further submits that at the time when the petitioner had submitted his application, his qualification was intermediate but subsequent thereto the qualification has been upgraded. According to him. subsequent amendment cannot be applied in the case of the petitioner. He relies on the decision in the case of Kripa Shankar Yadav v. State of U. P. and others, 1998 (3) ESC 2237 (All). In the said decision, it was held that a candidate must possess the minimum qualification on the date of...
Km. Rollie Kauser Vs. State of U.P. and Another
Court: Allahabad
Decided on: Feb-08-1999
Reported in: 1999(2)AWC1063; (1999)3UPLBEC2115
Aloke Chakrabarti, J.1. Thepetitioner has challenged the selection process with respect to Uttar Pradesh Nyayik Seva Civil Judge (Junior Division) Examination. 1997 and for other reliefs.2. The petitioner's educational career has been stated in the writ petition as follows :EXAMINATION PASSEDGRADE/ DIVISIONMARK-SHEET ISSUED(i) From Saint Mary's Convent, Allahabad I.C.S.E. (1985)A March. 1985 I.C.S.E. (1987)A March, 1987(ii) From University of Allahabad B.A. (1990)First1.5.1991 M.A. (1992)Second10.11.1994 LL.B. Ist Year, 1993_24.7. 1995 LL.B. IInd Year. 1994_25.1.1997 LL.B. IIIrd Year. 1995Second6.2.19983. There were two complaints of the petitioner In the writ petition. One is that because of delay in completion of session by holding examination. the petitioner could not obtain the law degree in year 1995 and she had to wait till the year 1998, and, therefore, the provision of qualification of three years practice at the bar causes prejudice to the petitioner particularly when she will...
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