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Allahabad Court May 1999 Judgments

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May 20 1999

Regional Secretary Board of Secondary Education, Regional Office, Vara ...

Court: Allahabad

Decided on: May-20-1999

Reported in: 1999(3)AWC2119; (1999)2UPLBEC1439

Ravi S. Dhavan, J.1. Ten defective beyond limitation special appeals have been filed. These appeals, all of them, have been filed on behalf of the Director, Board of High School and Intermediate Education. One appeal is beyond limitation by five years. These cases relate to allegations by the Board of High School and Intermediate Education (hereinafter referred to as the Board) that the students who had appeared in various examinations had indulged in unfair means. In the circumstances, the results of the examination, whether of High School or Intermediate had been withheld. The allegations against the students whose results had been withheld came in various shades. These allegations were categorised as mass copying common mistakes, doubtful cases, etc.2. Each of these candidates filed writ petitions. A writ of certiorari had been issued to the Board to place before the High Court, the inquiry report and the answer books. In each of these ten cases, the record was examined by the Hon'b...


May 20 1999

Rakesh Kumar Vs. Chairman/President, Nagar Palika Parishad, Thakurdwar ...

Court: Allahabad

Decided on: May-20-1999

Reported in: 1999(3)AWC2333; (1999)2UPLBEC1216

D.K. Seth, J. 1. The petitioner has challenged the order of the appellate authority dated 22.4.1999 by which the petitioner's appeal preferred under Rule 3 of U. P. Municipal Servants Appeals Rules, 1967 has been dismissed.2. Shri S. Alim Shah, learned counsel for the petitioner points out from Rule 5 of the said Rules that while considering the appeal, the appellate authority has to consider three factors as provided in Rule 5. The impugned order does not show that the appellate authority has considered any of those factors. On this ground, he prays that the order passed by the appellate authority should be quashed and the appellate authority should be directed to reconsider the appeal in accordance with law.3. I have heard learned counsel for the petitioner at length.4. A perusal of the order dated 22.4.1999 contained in Annexure-14 to the writ petition shows that no reason for dismissal of the appealhas been given. On the other hand, it is only mentioned that the appeal which was re...


May 20 1999

Abhai Raj Singh Vs. Nagar Mahapalika, Allahabad and Others

Court: Allahabad

Decided on: May-20-1999

Reported in: 1999(3)AWC2481; (1999)2UPLBEC1470

Ravi S. Dhavan, J.1. This casewas heard along with the group of the following writ petitions : Writ Petition Nos. 3119 of 1987. 7394 of 1987. 4409 of 1988, 5515 of 1988. 12615 of 1988. 14904 of 1988. 5660 of 1989 and 5661 of 1989. By and large, the controversy raised in the writ petition is no different than in the matter of San/ay Agarwal v. Nagar Mahapalika, Allahabad and others, Writ Petition No. 3119 of 1987. decided on 20.4.1999. It is in these circumstances that part of the proceedings in the case of Sanjay Agarwal v. Nagar Mahapalika and others, while these matters were pending are recorded in the resume of proceedings of this case also. In all these cases, regardless of the aspect on who filed them, the issue was common. Thus, every counsel who appeared, whether in the Sanjay Agarwal's case (supra) on the present case, and counsel for the State respondents alike, were agreed that the issue is : What is the concept of a public road? it was in these circumstances that all these c...


May 20 1999

Mrs. Veena Mediratta Vs. State of U.P. and ors.

Court: Allahabad

Decided on: May-20-1999

Reported in: (1999)2UPLBEC1595

Aloke Chakrabarti, J.1. This writ petition has been filed challenging the termination order of the service of the petitioner.2. Mr. Ravi Kant, learned Counsel for the respondents raised a preliminary objection as regards maintainability of the writ petition on a contention that the institution concerned is a private institution under the management of a private society and its affiliation is with the Central Board of Institution which is also run by a Society not being an authority under Article 12 of the Constitution of India.3. Mr. V.K. Shukla, learned Counsel for the petitioner contends that in view of law presently prevailing, such order of termination of service of a teacher of an educational institution can be challenged in writ jurisdiction. In support of such contention reference has been made to the judgments in the case of Smt. Rajni Sharma v. Union of India, reported in (1995) 3 UPLBEC 1664; Unni Krishnan v. State of Andhra Pradesh, reported in AIR 1993 SC 2178, and particul...


May 20 1999

Jabaruddeen and ors. Vs. State of U.P. and anr.

Court: Allahabad

Decided on: May-20-1999

Reported in: 2000CriLJ158

ORDERM.C. Jain, J. 1. The applicants are aggrieved by the order dated 23-2-1998 passed by the Chief Judicial Magistrate, Meerut in Case No. 1182 of 1998 whereby he took cognizance against them under Sections 147, 148, 323 and 302/149, I.P.C. and directed for issuance of non-bailable warrants against them. Two persons, namely, Rojudin and Nooruddin lost their lives in the incident. As the report of opposite party No. 2 was not taken down by the police, he moved an application to D.I.G., Meerut and then the F.I.R. against the applicants came to the lodged. A Crime No. 245A of 1997 was registered. The applicants' side had also made an F.I.R. which was registered as Crime No. 245 of 1997. The police- submitted chargesheet in Crime No. 245 of 1997 registered at the instance of the present applicants but submitted final report against the applicants in Crime No. 245A of 1997. Opposite Party No. 2 Umadin filed a protest petition against the final report along with certain affidavits. By the i...


May 19 1999

Vivek Kumar Vs. State of U.P. and Others

Court: Allahabad

Decided on: May-19-1999

Reported in: 1999(3)AWC2008; 2000CriLJ547; (1999)2UPLBEC1144

D. K. Seth, J. 1. The petitioner was transferred by an order dated 27.2.1999 which was challenged in Writ Petition No. 9190 of 1999. By an order dated 12.3.1999, the operation of the order dated 27.2.1999 was stayed and the respondents were directed to continue to pay the salary to the petitioner regularly. The petitioner has been suspended by an order dated 17.3.1999 on the ground that the petitioner did not join the transferred post in contemplation of an enquiry. The said order is Annexure-13 to the writ petition.2. Mr. Arun Kumar Gupta, learned counsel for the petitioner contends that the said order is anti-dated. According to him, the petitioner had been in the office on 20.3.1999 but the respondents did not receive copy of the interim order, on the other hand, impugned order has been passed with an anti date. The petitioner ultimately had produced copy of the interim order before the Managing Director on 10.4.1999. The Managing Director by his order dated 19.4.1999, contained in ...


May 19 1999

Raj Govind Yadav Vs. Registrar, Co-operative Societies, Lucknow and Ot ...

Court: Allahabad

Decided on: May-19-1999

Reported in: 1999(3)AWC2289

D.K. Seth, J.1. By an order dated 21st December, 1992 the petitionerwas authorised to discharge the function of Cadre Secretary till the Cadre Secretary is appointed. On the appointment of a regular Cadre Secretary, the authorisation of the petitioner shall come to an end, for which no separate order is necessary. Mr. H. S. N. Tripathi, learned counsel for the petitioner contends that on one occasion, the petitioner was sought to be replaced by ad hoc appointment but subsequently that attempt was abandoned. By virtue of the impugned order contained in Annexure-4 to the writ petition, which bears date as 5th April, 1999, it appears that one Babu Lal. Cadre Secretary working in another society has since been posted with immediate effect in the society in which the petitioner is working. In the said order, it was mentioned that consequently, the petitioner who was authorised to discharge the function of Cadre Secretary shall hold his original post of Clerk and the authorisation/charge was...


May 19 1999

Ram Sewak and Etc. Etc. Vs. the State

Court: Allahabad

Decided on: May-19-1999

Reported in: 1999CriLJ4680

B.K. Sharma, J.1. Ram Sewak, Bhanni Singh, Shankar Lal and Chhakki Lal were convicted by Sri S. K. Verma, the then Special Sessions Judge, Jhansi of the offences under Section 399/402, I.P.C. and sentenced to undergo five years rigorous imprisonment each and each one of them was further convicted of the offence under Section 25 Arms Act and sentenced to undergo rigorous imprisonment for a period of one year.2. Being aggrieved by the same, Ram Sewak, accused preferred Criminal Appeal No. 1824 of 1983, Shanker Lal, accused preferred Criminal Appeal No. 1856 of 1983 and Chhakki Lal accused preferred Criminal Appeal No. 2723 of 1984. Chhakki Lal, accused remained in Jail during the pendency of this Appeal and he has already been released after serving out his entire sentence, so his appeal was dismissed as infructuous by this Court's order dated 21-4-1999. Now there remains the appeals preferred by Ram Sewak and Shanker Lal, the accused appellants. Both the appeals have been heard together...


May 19 1999

YasIn Son of Mohd. Ismail and anr. (In Jail) Vs. the State

Court: Allahabad

Decided on: May-19-1999

Reported in: 2000CriLJ1338

ORDERB.K. Sharma, J.1. This is an appeal against the judgment and order dated 26-6-1981 passed by Sri N.C. Jain, the then IXth Additional Sessions Judge, Agra in S.T. No. 646 of 1980, whereby he convicted the accuse-dappellants Yasin and Shanker of the offences under Sections 399/402, I.P.C. and sentenced them to undergo R.I. for a period of 3 years each and further convicted each one of them of the offences under Section 4/25 of the Arms Act and sentenced each one of them to undergo R.I. for a period of 6 months and directed the sentences to run concurrently.2. Present accused-appellants Yasin and Shanker and co-accused Rajvir were tried together by the learned Addl. Sessions Judge in the said Sessions Trial. The present accused-appellants were convicted and sentenced as aforesaid the impugned judgment Rajvir co-accused also was convicted for the offences under Sections 399/402, IPC and awarded similar sentence of R.I. for a period of 3 years. His conviction was also made for the offe...


May 18 1999

Jadawati Devi Vs. State Bank of India and Others

Court: Allahabad

Decided on: May-18-1999

Reported in: 1999(3)AWC2048

D. K. Seth, J.1. The petitioner's application for giving appointment to her son under the Dying-in-Harness Rules has been rejected on the ground that the petitioner has sufficient means. This order has since been challenged in this writ petition. Mr. B. N. Singh, learned counsel for the petitioner submits that the petitioner is not in a position to maintain the family and, therefore, the appointment under the Dying-in-Harness Rules should be given to the petitioner's son.2. Mr. Arun Kumar Singh, holding brief of Mr. Navin Sinha on the other hand submits that the Dying-in-Harness Rules is not a matter of right. The question is to be considered on the basis of the financial position of the family itself, He has relied on a decision in the case of Umesh Kumar Nagpal v. State of Haryana, JT 1994 (3) SC 525.3. I have heard both the learned counsel at length.4. It appears from Annexure-1 to the writ petition that the petitioner's application was rejected on the ground that the petitioner had...


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