Allahabad Court May 1999 Judgments
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Surendra Kumar Sharma Vs. Sub-inspector, Ram Darsh Ram
Court: Allahabad
Decided on: May-17-1999
Reported in: 2000CriLJ551; (1999)2UPLBEC1580
M.C. Jain, J.1. In this contempt petition counter and rejoinder affidavits have been exchanged. Mr. Bhagwati Prasad learned Counsel for the contemner has raised a preliminary objection that this contempt petition for initiating criminal proceedings for committing criminal contempt against the opposite party is not legally maintainable as there is no consent of the Advocate General as required under Section 15(1-b) of the Contempt of Court's Act, 1971 (hereinafter referred to as Act). The learned Counsel further submitted that the facts stated in the petition do not disclose that the criminal contempt has been committed and case, if established, at the most may amount civil contempt.2. We have heard Sri Surendra Kumar Sharma, who has argued this case in person. He has submitted that a notice was issued by this Court on 21st August, 1998 to the opposite party, which means that the Court has taken action on its own motion, hence the consent of the learned Advocate General is not required ...
Shafiq Ahmad Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-17-1999
Reported in: 2000CriLJ1350
ORDERM.C. Jain, J.1. The dispute in the present revision relates to Jeep No. BLD 7325. Its interim custody was allowed by the Magistrate concerned in favour of the applicant Shafiq Ahmad, rejecting the application of the opposite party No. 2 Hakee-muddin. On a revision filed by him, II Addl. Session Judge, Azamgarh quashed the order of the Magistrate and permitted the interim custody of the Jeep in his favour (Hakeemuddin). The applicant Shafiq Ahmad has felt aggrieved thereby and has preferred this revision.2. Relevant facts lie within a short compass. Shafiq Ahmad was the original owner of the Jeep in question. On his F.I.R. a case under Sections 406, 506 and 348, I.P.C. was registered at P.S. Deogaon on 15-3-1992 against certain persons including Hakeemuddin. The allegations were that the said Jeep was hired by Hakeemuddin and two others on 11-3-1992 in the evening at Lalganj Bus Station for Rs. 700/- for taking it to Mirzapur. Two persons sent by Hakeemuddin took the Jeep with driv...
Dukhi and ors. Vs. State of U.P.
Court: Allahabad
Decided on: May-17-1999
Reported in: 2000CriLJ519
ORDERM.C. Jain, J. 1. This revision has been filed by the applicants against the judgment and order dated 14-10-1983 passed by the Special Judge (E.C. Act), Allahabad in Criminal Appeal No. 108 of 1983. It was admitted as back as on 22-11-1983. They were convicted in Criminal Case No. 997 of 1981 by the Judicial Magistrate III, Allahabad under Sections 323 and 325, I.P.C. Each of them was sentenced to undergo rigorous imprisonment for three months under Section 323, I.P.C. and rigorous imprisonment for one year under Section 325, I.P.C. Both the sentences were to run concurrently. Aggrieved, they preferred the aforesaid appeal. The Appellate Court allowed the appeal and set aside the conviction and sentences passed against them. The case was remanded to the Magistrate for retrial in accordance with law. It was directed that other evidence could also be recorded as per observations made in the body of the judgment whereafter the statements of the accused could be recorded under Section ...
Krishna Bhagwan Agarwal and Another Vs. Ist Additional District Judge, ...
Court: Allahabad
Decided on: May-15-1999
Reported in: 1999(3)AWC1986
O.P. Garg, J.1. By means of Civil Misc. Writ No. 6404 of 1999 under Article 226 of the Constitution of India, the order dated 9.2.1999 passed by respondent No. 1, 1st Additional District Judge, Badaun appointing Receiver in Misc. Civil Appeal No. 59 of 1992 arising out of Suit No. 65 of 1982 instituted by Shrawan Kumar, respondent No. 2 to the petition was challenged. After having heard Sri Pradeep Kumar, learned counsel for the petitioners, namely, Krishna Bhagwan Agarwal, and, Vishnu Bhagwan Agarwal ; as well as Sri Ajit Kumar, learned counsel for the plaintiff-respondent No. 2, Shrawan Kumar Agarwal, the writ petition was finally disposed of on April 19, 1999 by an elaborate and detailed order after consideration of the law cited on behalf of the rival parties. The order of appointment of receiver passed by the lower appellate court, was confirmed as it required no interference. With a view to give a practical shape and to make the bald order passed by the lower appellate court work...
Dr. Jagdish Singh Katiyar and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: May-15-1999
Reported in: 1999(3)AWC2219
Palok Basu and S.K. Jain, JJ.1.Bereft of the details of all the relevant writ petitions, the principal question involved in this bunch of the writ petition is whether petitioners Dr. Jagdish Singh Katiyar. Dr. Israr Ahmad, Dr. Mithilesh Srivastava, Dr. Ashok Kumar Jaiswal and Dr. R. K. Bajpai petitioners in Writ Petition No. 14322 of 1992 allegedly ad hoc employees working on certain posts have to be regularised as claimed by them in that writ petition or petitioners Dr. Vimal Kumar Tyagi and other selected candidates who have been examined and declared selected for the posts advertised and have been recommended for appointment by U. P. Public Service Commission to the State Government or those very posts, have to be appointed straightway.2. The proceedings in this Court have not only a chequered history but the records of the various petitions that have been instituted paint dismal picture of how repetitive petitions have been filed by candidates seeking same relief. It is to be point...
Ved Prakash Chaddha Vs. Union of India, Through Secretary, Ministry of ...
Court: Allahabad
Decided on: May-15-1999
Reported in: 1999(3)AWC2194; (1999)2UPLBEC1605
Onkareshwar Bhatt, J. 1. Heard Sri A. D. Prabhakar, learned counsel for the appellant. Neither any one is present on behalf of the respondent nor any counter-affidavit has been filed though the sole respondent has been personally served on 21.2.1997 and an affidavit of service to that effect is filed by the appellant.2. The present second appeal arises out of decree and Judgment dated 1.8.1983 passed by VIth Additional District Judge, Meerut in Civil Appeal No. 76 of 1977 whereby the appeal has been dismissed. The first appeal was directed against the decree and Judgment dated 10.11.1976 passed in Original Suit No. 11 of 1974, Ved Prakash v. Union of India, by VIIth Additional Munsif, Meerut, whereby the plaintiff's suit has been dismissed.3. The brief facts of the case are that the plaintiff-appellant has served as a Civilian School Teacher from 21.8.1950 to 5.2.1953 in Sikh Regimental Centre, Meerut. from 6.2.1953 to 6.1.1954 in Army Supply Corps Centre, North, Meerut and from 7.1.19...
Har Swarup Nigam Vs. District Judge, Allahabad and Others
Court: Allahabad
Decided on: May-15-1999
Reported in: 1999(3)AWC2308
J.C. Gupta, J.1. This is landlord's petition.2. The dispute relates to premises No. 5-A Elgin Road, Allahabad which is a part of premises No. 5 Elgin Road. Allahabad. The petitioner is the landlord of the same wherein respondent No. 3 is a tenant at the rate of 21.25 paise per month. Suit for ejectment and for recovery of arrears of rent and damages was filed by the petitioner against the tenant respondent No. 3 on Small Cause Court side, inter alia, on the grounds that the tenant committed default in payment of rent, that the tenant and its Chaukidar will fully cause substantial damage to the tenanted building thereby diminishing its value and utility and causing its disfiguration ; that the tenant has sublet the tenanted accommodation without the consent of the landlord ; that the tenanted accommodation was being used by the tenant for the purpose other than for which the same was let out and that the petitioner has denied the title of the landlord and has renounced his character as ...
Glass Works Mazdoor Sangh, Aligarh and Others Vs. Labour Court, Agra a ...
Court: Allahabad
Decided on: May-14-1999
Reported in: 1999(3)AWC2179; [1999(82)FLR906]; (1999)2UPLBEC1232
A.K. Yog, J.1. By means of present petition under Article 226, Constitution of India, order dated 26th September, 1979, passed by Labour Court U, P. Agra in Adjudication Case No. 57 of 1978, has been challenged on the ground, inter alia amongst others, that the Labour Court has committed error apparent on the face of record in recording its finding on Issue No. 1 which reads ;Whether the present dispute is not an Industrial Dispute? 2- The Labour Court held that Union had failed to prove that the workmen of the firm where its members or that meeting was held, as asserted on behalf of the workmen, on 22nd March. 1975 to espouse the cause of the workman called Ishaq, Labour Court did not go into the merits of the case and decided the matter on the basis of its finding on legal issue contained In Issue No. 1 namely, there was no 'Industrial Dispute', in the eyes of law which could be referred by the State Government to Labour Court.3. Since the impugned order of Labour Court is based on p...
Dadu Ram Garg and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: May-14-1999
Reported in: (1999)2UPLBEC1434
I.M. Quddusi, J.1. Heard learned Counsel for the petitioners and learned Standing Counsel.2. The respondents have published on advertisement in the News paper inviting applications for filling up the posts of Assistant Teachers in Primary Schools/Junior Basic Schools. The minimum qualifications prescribed for the said posts are that the candidate must possess intermediate examination certificate conducted by Madhyamik Shiksha Parishad, U.P. or any qualification equivalent thereto and the candidates must also possess Training Certificate, like B.T.C., H.T.C., J.T.C. and teaching experience certificate or any training certificate equivalent thereto obtained from the institutions run by the Government of U.P.3. The grievance of the petitioner is that they have obtained training certificate from the Government recognised institution, from outside the State of U.P. In U.P. Basic Education (Teachers) Services Rules, 1981, the minimum requisite qualifications have been given under Rules 8 for...
Netrapal Vs. Addl. Collector, Aligarh and Others
Court: Allahabad
Decided on: May-13-1999
Reported in: 1999(3)AWC1872
Shitla Prasad Srivastava, J.1. This writ petition, under Article 226 of the Constitution of India, has been filed by the petitioner for quashing the order dated 12.12.1983 passed by the Additional Collector. Aligarh and further for quashing the order dated 9.2.1983 passed by the Tahsildar, Aligarh.2. The brief facts, as stated by the petitioner for the purpose of the present petition are that plot No. 27 measuring 4 bighas 8 biswas 5 biswancis situate in village Balbhandrapur, Pargana Koil, district Aligarh. was leased out to the petitioner by the Gaon Sabha concerned on 15.1.1966 for a period of one year on payment of annual rent of Rs. 30 payable six monthly in two Instalments, it is stated that the petitioner occupied the land on the basis of the aforesaid lease deed and was asami of the gaon sabha. It is further stated that on 18.1.1970, the gaon sabha again granted patta to the petitioner in respect of the aforesaid plot for a period of five years on the same annual rent and the p...