Allahabad Court March 1999 Judgments
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Ayub HusaIn Vs. Cantonment Board, Pauri Garhwal and Another
Court: Allahabad
Decided on: Mar-10-1999
Reported in: 1999(2)AWC1462
Sudhir Narain, J.1. The petitioner claims that he should be granted a permanent lease in respect of an area measuring 2.60 x 2.50 sq. m. situated at Sy. No. 202, Pauri Garhwal.2. The petitioner is a vegetable/fruit vendor- He was granted permit to use and occupy the land mentioned above for one year, for the period from 5.2.1998 to 4.2.1999. The petitioner before the expiry of the said period moved application on 27.11.1998 and again on 2.1.1999 for grant of permanent lease in respect of the area on which he was permitted to occupy for one year. This application was disposed of by respondent No. 2 holding that the petitioner cannot be granted a permanent lease but he can be granted licence only for a period of one year only.3. I have heard Sri Rajesh Tandon, learned counsel for the petitioner and Sri Rakesh Tiwari, learned counsel for the respondents.4. The contention of learned counsel for the petitioner is that thepetitioner should be granted a lease of the land and not a licence. He...
Girja Shankar Giri Vs. State of U.P. and Others
Court: Allahabad
Decided on: Mar-10-1999
Reported in: 1999(3)AWC2285
R.H. Zaidi, J.1. Heard learned counsel for the petitioner and learned standing counsel.2. By means of this petition, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 30.12.1993 contained in Annexure-1 to the writ petition. Prayer forquashing the order dated 2.7.1992 has also been made.3. It appears that the petitioner was appointed as Compounder (Ayurvedic) on 21.7.1975 in the pay scale of Rs. 200-320. Subsequently, pay scale was revised and fixed at Rs. 1,400-2,300 vide order dated 12.3.1992. Petitioner was receiving his salary in the above noted pay scale ; but by impugned order, petitioner's pay scale was reduced to Rs. 950-1,500 on the ground that the petitioner did not possess requisite qualification and the State Government did not grant relaxation in the qualification of the petitioner.4. It has vehemently been urged by learned counsel for the petitioner that the petitioner was fully qualified to be appointed as Pha...
Bhagwan Industries Ltd. Vs. Presiding Officer, Labour Court and ors.
Court: Allahabad
Decided on: Mar-10-1999
Reported in: (2001)IIILLJ474All
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 petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the award dated January 11, 1985 given by the respondent No. 1 in favour of respondent No. 2 whereby an amount of Rs. 10,000/- was awarded as compensation in lieu of reinstatement of the said respondent.3. It appears that respondent No. 2 was in service of the petitioner. His services were terminated vide order dated January 15, 1980. Challenging the validity of the order of termination the respondent No. 1 raised industrial dispute, which was referred for adjudication to the respondent No. 1, by the State Government. In brief it was pleaded that order of termination was passed in violation of provision of 6-N of U.P. Industrial Disputes Act, therefore, the contesting respondent No. 2 was entitled for retrenchment compensation and to reinstatement on t...
Kesho Singh Vs. State of U.P. and Another
Court: Allahabad
Decided on: Mar-09-1999
Reported in: 1999(2)AWC1380
D. K. Seth, J. 1. Petitioner's service was terminated by an order dated December 11, 1992. being Annexure-1, to the writ petition. In the said order, it was indicated that the service of the petitioner was no more required and. therefore, his service was terminated with notice pay. Mr. Amit Bose, learned counsel for the petitioner contends that though the order of termination was an order simpliciter passed in exercise of the power conferred by U. P. Temporary Government Servant (Termination of Service) Rules. 1975, but in effect it was a penalty in disguise. According to him, in view of the case made out in the counter-affidavit, there are sufficient reasons to come to a conclusion that it was not a termination simpliciter, but a penalty in disguise requiring lifting of the veil. According to him. In exercise of the writ jurisdiction, the High Court is entitled to pierce the curtain and find out the real position. He further contends that the case made out in the counter-affidavit is ...
Claridges Corbett Hideaway and Another Vs. State of U.P. and Others
Court: Allahabad
Decided on: Mar-09-1999
Reported in: 1999(3)AWC2283
Ravi S. Dhavan, J. 1. M/s. The Claridges Corbett Hideaway in Ramnagar, district Nainital is a company. The second petitioner Mukund Prasad is the Director of the company known as the Claridges Corbett Hideaway. The petition mentions that the company is doing hotel business at Ramnagar, district Nainital. The occasion to file the present petition arose when this company M/s. Claridges Corbett Hideaway received a notice dated18th January, 1999 drawing its attention, which attention had been also drawn earlier that the company had illegally pumped out water from the Dhikuli Canal, and thus, was liable to pay royalty for the unauthorised use of water from this canal distributing water from Kosi river. The company resisted in its defence before the authority, to say, that the water which it draws from the canal coming out of the Kosi river, is not unauthorised nor illegal and, secondly, any charges which have been made for using this water, including penalty, is unwarranted and the assessme...
Tej Pal and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Mar-09-1999
Reported in: 1999(4)AWC3175
ORDERBinod Kumar Roy and S. K. Jain, JJ.1. Miscellaneous Application dated 22.12.1997 filed under Sections 148, 149 and 151 Code of Civil Procedure has been put up for consideration along with the report dated 29.11.1993 of the Stamp Reporter. According to the Stamp Reporter stamp worth Rs. 95,877.50 paise are deficit. The office note states that three months time was earlier granted to the appellant vide order dated 8.3.1995 to pay the deficit court fee which has not been complied with.2. Through this miscellaneous application, a prayer has been made to allow time to make good the deficiency in the court fee.3. Sri Mithal, learned counsel for the appellant, contended that the appellants are not at all in a position even by now to pay the deficit court fee but for the said reason the memorandum of appeal cannot be rejected rather it has to be returnedis laid down by 5 Judges Full Bench n Wajid Ali v. Isar Banu, AIR 1951 All 54 (Paragraph 181.4. There is no tangible material before us t...
Dev Singh and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Mar-09-1999
Reported in: 1999CriLJ3387
ORDER1. The present two appellants stood a trial in S.T. No. 383 of 1997 before the IIIrd Additional Sessions Judge, Bijnor, for offences under Sections 302/34, I. P. C. and 201, I. P. C. for having committed the murders of Surindra Kaur and Paramjit Kaur alias Koti and for throwing the dead bodies into a pond.2. The trial Judge found them guilty for the aforesaid offences and convicted them for the same by his order dated 15-5-98. For their conviction under Sections 302/34 of the Indian Penal Code the two appellants were ordered to be hanged by neck till death. For the other conviction they were sentenced to rigorous imprisonment, for seven years. The Sessions Judge after recording the punishment made a reference to this Court which was registered as Reference No. 7 of 1998. The two accused persons also preferred an appeal which was registered as Capital Case Appeal No. 894 of 1998 and the, appeal and the reference were heard together.3. The learned counsel for the appellants submitte...
Yunis and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Mar-09-1999
Reported in: 1999CriLJ4094
ORDERM.L. Singhal, J.1. The two accused-applicants, namely, Yunis, son of Noora and Haroon, son of Nazir have applied for bail under Sections 147, 148, 149, 302, 429/120-B, I.P.C. and Section 27 of the Indian Arms Act.2. I have heard the learned Counsel for the accused-applicants, the learned Additional Government Advocate and Shri Ram Shiromani Shukla, learned Counsel for the complainant.3. The prosecution story as embedded in the F.I.R. is that the deceased Yakeenuddin Qureshi and the co-accused Bhuggal were on an inimical terms, cases in Criminal Courts were pending between the parties. The co-accused Bhuggal and others had made efforts for the arrest of the deceased Yakeenuddin Qureshi, but the High Court had put embargo on the arrest of the deceased; this had been felt by the co-accused Bhuggal and others. On 29-1-1997 one day before the occurrence, the co-accused Bhuggal had told the informant (brother of the deceased) that he had, saved the deceased from the High Court but he. w...
Ashok Tripathi Vs. State of U.P. and Others
Court: Allahabad
Decided on: Mar-08-1999
Reported in: 1999(2)AWC1612
Ravi S. Dhavan, J.1. The petitioner. Ashok Tripathi, has filed the present writ petition seeking a direction by a writ of mandamus that the respondents, particularly, the Regional Transport Officer, Allahabad, the District Magistrate. Allahabad, the Senior Superintendent of Police Allahabad, and the Trade Tax Officer, Allahabad, be directed to stop the entry of overloaded trucks, buses, and three wheelers, etc. in the city of Allahabad and they also restrain the movement of such traffic on the roads and sub-lanes of the Allahabad city.2. The Court has heard counsel for the petitioner at length.3. The concern which the petitioner expresses may not be misplaced. In the writ petition, it is mentioned and it is submitted before the Court that overloaded trucks and diesel polluting three wheelers are creating death causing health hazards. It is further explained that the roads of the Allahabad city are not safe. This reckless traffic of commercial vehicle is polluting the city with toxic an...
Ram Kumar Gupta Vs. District Magistrate, Jaunpur and Others
Court: Allahabad
Decided on: Mar-08-1999
Reported in: 1999(2)AWC1611
Ravi S. Dhavan and A.K. Yog, JJ. 1. The Company, Adarsh Rolling Mills, Private Limited, Industrial Area, Sathariya, Jaunpur, was the recipient of an industrial electricity connection from the U.P. State Electricity Board. It is contended that the plant was closed in April. 1998.2. There are electricity dues on the Company. This represents the electricity consumed and, thereafter, according to the agreement of charges which the Company may have been obliged to pay for a certain stipulated period after indicating that electricity may not be supplied for any reasons whatsoever including closure whichthe Company mentions in this writ petition.3. The only contention is that of the Rs. 21 lacs and odds which is representing electricity dues, this may not be realised from the personal property of the Directors. It is not possible for the High Court to issue such a writ. Directors, by their nomenclature, are bound with the Company by a contractual and a fiduciary relationship. If one of the Di...
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