Allahabad Court March 1999 Judgments
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Ram Karan Singh Yadav Vs. Ragistrar Sahkari Samitiya, U.P. and Others
Court: Allahabad
Decided on: Mar-22-1999
Reported in: 1999(3)AWC2457
D.K. Seth, J.1. The orders contained in Annexures-3, 5 and 6 to the writ petition have since been challenged by means of this writ petition filed by one Ram Karan Singh Yadav, who claims to be a member of the Managing Committee of a Co-operative Society. The petitioner alleges that respondent No.5 is being allowed to work in terms of those orders. The said orders were issued by the District Assistant Registrar of Co-operative Societies. Ghazipur.2. The Committee ofManagement of Sadhan Sahkari Simiti Limited Khajuanha, has not been made a party to this writ petition. The petitioner claims himself to be ex-Manager of the said co-operative society. The Committee of Management of the said society has not come forward. Learned counsel for the petitioner submits that at present the petitioner is a member of the said society. If a member raises dispute against a cooperative society, then in that event it can be raised in the manner as provided in the Co-operative Societies Act. It is not open...
Rajmati Vs. Mithai and anr.
Court: Allahabad
Decided on: Mar-22-1999
Reported in: II(2000)DMC694
B.K. Sharma, J.1. Heard the learned Counsel for the revisionist and the learned A.G.A. and also Mr. S.D. Singh, learned Counsel for the opposite party No. 1-Mithai.2. This revision has to be allowed. Smt. Rajmati moved an application under Section 125, Cr .P.C. for maintenance before the Special Judicial Magistrate, Saidpur, District Ghazipur on 21.10.1981. The husband Mithai contested the same. The learned Magistrate after recording the evidence of the parties and hearing the parries' Counsel found that it was an admitted case between the parties that the parties had married and that the wife Smt. Rajmati was not living with the husband. On an assessment of the evidence, the learned Magistrate found that the husband Mithai used to beat and ill-treat her and turned her out from the house and also found that the husband had remarried. He also found that she was unable to maintain herself. He further found that the husband had sufficient income from agriculture as labour to maintain her....
Smt. Rajmati, Revisionist Vs. Mithai and anr.
Court: Allahabad
Decided on: Mar-22-1999
Reported in: 1999CriLJ3378
ORDERB.K. Sharma, J. 1. Heard the learned counsel for the revisionist and the learned A.G.A. and also Sri S. D. Singh, learned counsel for the Opp. Party No. 1 Mithai.2. This revision has to be allowed. Smt. Rajmati moved an application under Section 125, Cr. P. C. for maintenance before the Special Judicial Magistrate, Saidpur District Ghazipur on 21-10-1981. The husband Mithai contested the same. The learned Magistrate after recording the evidence of the parties and hearing the parties' counsel found that it was an admitted case between the parties that the parties had married and that the wife Smt. Rajmati was not living with the husband. On an assessment of the evidence, the learned Magistrate found that the husband Mithai used to beat and ill treat her and turned her out from the house and also found that the husband had remarried. He also found that she was unable to maintain herself. He further found that the husband had sufficient income from agriculture as labour to maintain h...
Abdul Qadeer Alias Abdul Qadir Vs. Committee of Management, Bharat Bha ...
Court: Allahabad
Decided on: Mar-21-1999
Reported in: (1999)3UPLBEC2167
V.M. Sahai, J.1. The petitioner was appointed as peon in Bharat Bhakt Samaj Uchchatar Madhymik Vidyalaya, Beonja, district-Banda. He was a confirmed peon. He absents himself from duty with effect from 1-5-1986. He was paid his salary till April 1986. His salary was not paid for May, 1986. He moved an application before the principal of the institution for payment of his salary. He also filed a representation before the Deputy Director of Education, Jhansi region, but nothing was done and the salary of the petitioner was not paid. He filed the instant writ petition claiming salary. This court by its judgment dated 20-4-1995 allowed the writ petition and directed payment of salary to petitioner. The committee of the management moved an application for recoiling the judgment dated 20-4-1995 on the ground that the petitioner's services have been terminated by order dated 1-5-1986 and since the termination order has not been challenged by the petitioner the order dated 20-4-1995 be recalled...
Ranjeet and Others Vs. Deputy Director of Consolidation, Ballia and An ...
Court: Allahabad
Decided on: Mar-19-1999
Reported in: 1999(2)AWC1415
M.L. Singhal, J.1. This is a writ petition under Article 226/227 of the Constitution of India for issuance of a writ of certiorari quashing the impugned order dated 18th December, 1998 (Annexure-1 to the writ petition), passed by Deputy Director of Consolidation, Ballia (respondent No. 1) and further quashing the proceedings in pursuance thereof in Tej Bahadur v. Ranjeet and others, Case No. 408 and in Ranjeet and another v. Sarvjeet, Case No. 409, pending before Consolidation Officer, Sikanderpur, Ballia.2. I have heard the learned counsel for the petitioners, the learned counsel for the respondent No. 2, and the learned standing counsel for the respondent No. 1. With the consent of the learned counsel for the parties, the writ petition is finally disposed of at the admission stage.3. Undisputedly, the petitioners' objections, preferred under Section 9 of the U. P. Consolidation of Holdings Act (hereinafter referred to as the Act only), the Consolidation Officer consolidated both the ...
U.P. Madhyamik Shikshak Sangh, Ghazipur Unit and Others Vs. State of U ...
Court: Allahabad
Decided on: Mar-19-1999
Reported in: 1999(3)AWC1935; (1999)2UPLBEC1296
O.P. Garg, J.1. Through this writ petition, under Article 226 of the Constitution of India, the order dated 26.6.1997, a copy of which is Annexure-8 to the writ petition, passed by the Government, in so far as it accords recognition as a minority institution to the Muslim Anglo Hindustani Inter College. Ghazipur, has been challenged primarily on the ground that the order aforesaid has been passed in complete disregard of the provisions of Article 30(1) of the Constitution of India and the various judicial pronouncements interpreting the said Article. The following facts are necessary to appreciate the real import of the controversy.2. There is a registered society under the name of Muslim Anglo Vernacular Educational Association, Ghazipur. which according to the petitioners was constituted in 1939 and under the aegis of which Muslim Anglo Hindustani Inter College governed by the provisions of the U. P. Intermediate Education Act, 1921 (hereinafter referred to as 'the Act') and other al...
Banshidhar Saroj Vs. Partha Sarathi Sen Sharma, C.D.O., Allahabad
Court: Allahabad
Decided on: Mar-18-1999
Reported in: 1999(2)AWC1397
S.K. Phaujdar, J. 1. The present petitioner has been employed under the Government of U. P. as Block Development Officer at Phoolpur. By an office order from the office of Joint Development Commissioner. Allahabad, dated 13.5.98 the petitioner and others were transferred to different places. For the petitioner, there was a direction for his transfer from Phoolpur to Kaushambi. The transfer orders were to take effect immediately and the incumbents including the petitioner were directed to make over charge by 15.5.98 and to join at the new places of posting. By an order dated 20.5.98 under the signature of the present respondent, Partha Sarathi Sen Sharma, the present petitioner was directed to make over charge to the Block Development Officer, Pratappur. The transfer order, however, was cancelled so far as this petitioner was concerned under the orders of the Commissioner, Allahabad Division dated 30.5.98 whereby the original order dated 13.5.98 was modified and the transfer of Banshidh...
Committee of Management, Shri Guru Govind Singh Inter College, Bareill ...
Court: Allahabad
Decided on: Mar-18-1999
Reported in: 1999(2)AWC1441
N.K. Mitra, C.J. and S.R. Singh, J.1. This Special Appeal is directed against the judgment and order of the learned single Judge dismissing the appellants writ petition seeking quashing of the order dated 13.7.1998 passed by the first respondent whereby the order of District Inspector of Schools attesting the signature of petitioner No. 2 was set aside post-fixed with a direction to attest the signature of 3rd respondent Surjeet Singh as Manager of the Institution.2. The facts, shorn of unnecessary details, may be stated thus : The 3rd respondent Surjeet Singh was elected Manager of the Committee of Management on 8.5.1996 of Sri Guru Govind Singh Inter College. Govind Nagar (Model Town), Bareilly which is an institution recognised under the U. P. Intermediate Education Act, 1921 and the affairs of which are managed by a Committee of Management constituted under the approved scheme of administration and his signature was attested by the District Inspector of Schools on 24.6.1996. Subseq...
Bahram Ji Vs. State of U.P. and Another
Court: Allahabad
Decided on: Mar-18-1999
Reported in: 1999(2)AWC1434; (1999)2UPLBEC956
Ravi S. Dhavan, J. 1. On facts, there is no issue in this writ petition-The facts are that at the time when the writ petition was brought to the High Court in 1989, there was a Town Area, Basra. In 1989 the Town Area, Basra did not have a committee, known as the Town Area Committee. This body had been superseded. An administrator sat on this body to carry on the functions which otherwise would have been the functions of the elected representatives.2. Regarding the entertainment which was being carried on within the Town Area in cinema, a show tax was proposed and imposed. The petitioner raises the issue that the Town Area had been superseded by the State Government and was shorn of its elected representatives and it was being administered by an administrator. Thus, the petitioner contends that the administrator did not have the sanction of law to impose fresh taxes or revise taxes.3. Heard learned counsel for the petitioner. Mr. Siddhartha Verma, and the Additional Chief Standing Couns...
Rajeev Kumar Mehtani Vs. Ajai Kumar Joshi, Secretary, Minor Irrigation ...
Court: Allahabad
Decided on: Mar-18-1999
Reported in: 1999(2)AWC1453; 1999CriLJ4098
S.K. Phaujdar, J.1. The present proceeding was initiated for action against the opposite party for having committed contempt of court by allegedly flouting the High Court's order dated 18.5.1998 passed in C.M.W.P. No. 17750 of 1997 and, in the alternative, a prayer was made for such directions as may be proper in the circumstances of the case.2. The present applicant had been working as an assistant engineer in the Minor Irrigation Department of the Government ofU.P. The writ petition was filed by him for a direction upon the respondent to promote him as an executive engineer. Several opportunities were given to the learned standing counsel to file counter-affidavits but no counter-affidavit was brought on record and the order dated 18.5.1998 was passed on the basis of the averments made in the writ petition. It was submitted before the writ court that the petitioner had Joined the services on 21.9.1984 and persons junior to him had already been promoted and there were still several po...
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