Allahabad Court July 1999 Judgments
Phool Singh Vs. Managing Director, U.P.S.R.T.C. Lucknow and Others
Court: Allahabad
Decided on: Jul-30-1999
Reported in: 1999(3)AWC2629; (1999)3UPLBEC1912
D.K. Seth, J.1. Heard Mr. Anil Kumar Srivastava, learned counsel forthe petitioner and Mr. Sameer Sharma. learned counsel for the respondents.2. The petitioner was subjected to disciplinary proceedings, in which he was found guilty. In the order dated 26th July. 1995, the only punishment that was awarded was that during the period of suspension, the petitioner would not be entitled to anything in excess of the suspension allowance paid to him since in the meantime, the petitioner had retired.3. It appears from Annexure-1 to the writ petition that the petitioner had retired with effect from 30th April, 1995 whereas the order of punishment was inflicted on 26th July, 1995. The petitioner had challenged the said order of punishment by means of Writ Petition No; 2862 of 1997. By the order dated 12th April, 1999, Writ Petition No. 2862 of 1997 was connected with Writ Petition No. 5767 of 1996. Though the record of Writ Petition No. 2862 of 1997 has been placed before this Court along with t...
Tag this Judgment!Deepak Raj Vs. Smt. Sarita Rani and Others
Court: Allahabad
Decided on: Jul-30-1999
Reported in: 1999(4)AWC2748
P.K. Jain, J.1. This second appeal has been filed by one of the defendants who purchased part of the suit property after an agreement to sell was executed by defendant No. 1 Brahm Prakash who died during the pendency of the suit and respondent Nos. 2 to 4 were substituted as heir and legal representatives.2. Respondent No. 1. Smt. Sarita Rani in her suit alleged that she had agreed to purchase the suit property for a sum of Rs. 40,000 through registered agreement dated 26.7.1991 executed by Brahm Prakash. A sum of Rs. 35,000 was advanced at the time of execution of the agreement and balance of Rs. 5,000 was to be paid at the time of registration of sale deed. The property consisted of 4 shops as described at the end of the plaint. She alleged that she was ready and willing to get the sale deed executed after performing her part of contract and was still ready and willing to get the sale deed executed. The defendant No. 1, however, one or the other pretext has been postponing the execut...
Tag this Judgment!Mohammad Khan Vs. Zila Parishad, Banda and Others
Court: Allahabad
Decided on: Jul-30-1999
Reported in: 1999(3)AWC2641
D.S. Sinha, J.1. Heard Sri S. R. Gupta, learned counsel appearing for the petitioner and Sri K. M. Sahai, learned standing counsel of the State of U.P., representing the respondent No. 3. Sri W. H. Khan, who has filed Vakalatnama to represent the respondent Nos. 1 and 2. is not present.2. By means of this petition under Article 226 of the Constitution of India, the petitioner prays that the respondents be directed to refund to him the amount of Rs. 10,100, with penal interest @ 15% per annum, paid to them as bid-money for contract for disposal of dead animals for the financial year 1991-92.3. The relevant facts are these :The Zila Parishad, Banda, issued a notification dated 2.5.1991 notifying that it shall hold auction on 14.5.1991 for settling a contract for disposal of dead animals blockwise for the year 1991-92 and inviting public to participate therein.The petitioner participated in the auction for the village Sandasaril Nyay Panchayat Centre under Block Kamasin of the district Ba...
Tag this Judgment!Palak Dhari Yadav Vs. Regional Inspectress of Schools, Gorakhpur and O ...
Court: Allahabad
Decided on: Jul-30-1999
Reported in: 1999(3)AWC2673; (1999)3UPLBEC2315
V.M. Sahai, J.1. The short question that arises for considerationin this writ petition is whether in an institution where there is only one post can it be filled by direct recruitment or by promotion under Regulation 2 (2) of Chapter III of the regulations framed under the U. P. Intermediate Education Act, 1921.2. The contextual facts in Writ Petition No. 6681 of 1990 depicts that the petitioner Palak Dhari Yadav a Class IV employee working since 1980 in D.A.V. Girls Higher Secondary School, Mau Nath Bhanjan, Mau (in brief institution) was eligible and qualified to be promoted as clerk. There were three other class IV employees who were senior to him but were not eligible and qualified for promotion. There was only one post of clerk in the institution, which was vacant. The management filled the post by direct recruitment and appointed respondent No. 4 Sanjay Kumar Upadhyay on 18.8.1989. The petitioner on 2.9.1989 made representation before respondent No. 1 that he may be promoted to t...
Tag this Judgment!Sanjay Kumar Giri Vs. District Inspector of Schools and Others
Court: Allahabad
Decided on: Jul-30-1999
Reported in: 1999(4)AWC2983; (1999)3UPLBEC1896
V. M. Sahai, J. 1. Petitioner's father a lecturer in Physics in Rashtriya Inter College. Bali Nichlol. Maharajganj died in harness on 4.7.88. The petitioner became major in 1990. He was appointed on 1.7. 92 by the respondents under, U. P. Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974 (in brief Rules). Financial approval was accorded on 31.8.92 w.e.f. 1.7.92. After joining as a Class-IV employee, he claimed that he should be given class-III post as per his qualification and made representation to the respondents but nothing was done. He filed the instant writ petition claiming promotion/ appointment on a class III post.2. Heard Shri K Ajit learned counsel for the petitioner and Shri S. N. Srivastava learned standing counsel for the respondents.3. Learned counsel for the petitioner urged that the petitioner accepted appointment on a class IV post on the oral assurance of the respondents that his claim to class III post will not be treated to have been waiv...
Tag this Judgment!Union of India and Another Vs. B.M. Electric Press and Another
Court: Allahabad
Decided on: Jul-30-1999
Reported in: 1999(4)AWC3090
D.S. Sinha, J. 1. Heard Shri Lal Ji Sinha, learned counsel appearing for the petitioners. Despite being duly served, the respondents have not put in appearance to contest the petition.2. The order dated 8th June. 1992 passed by the District Consumer Redressal Forum, Aligarh, the respondent No. 2, established under the Consumer Protection Act, 1986 (hereinafter called the Consumer Protection Act), purporting to allow the Claim Petition No. 323 of 1991, M/s. B. M. Electric Press. Aligarh v. Union of India and another, is under challenge in this petition under Article 226 of the Constitution of India.3. Learned counsel of the petitioners contends that theimpugned order is totally without jurisdiction in view of the provisions of Section 15 of the Railway Claims Tribunal Act, 1987. (hereinafter called the Railway Claims Tribunal Act).4. On 30th May, 1989, M/s. Hindustan Paper Board Corporation -Ltd. booked with Northern Railway 383 bundles of papers from Panchgram Railway Station to Aligar...
Tag this Judgment!Hari Mohan Singh and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Jul-30-1999
Reported in: 2000CriLJ1378
M.C. Jain, J.1. The appellants Hari Mohan Singh and Satya Mohan, Singh have preferred this appeal against the judgment and order dated 1-12-1980 passed by Sri K.K. Srivastava the then IV Additional Sessions Judge, Fatehpur in S.T.No. 139 of 1980. The two appellants are real brothers and are the sons of the daughter of the deceased Ram Dulare. The appellant Hari Mohan Singh has been sentenced to, undergo rigorous imprisonment for life under Section 302, IPC for the murder of his maternal grandfather. He has also been sentenced to undergo 6 years R.I. under Section 307, IPC read with Section 34, IPC for attempting the murder of his cousin Indra Mohan Singh. The other appellant Satya Mohan Singh has been sentenced to undergo life imprisonment under Section 302 read with Section 34, IPC for the murder of Ram Dulare and to undergo 6 years' R.I. under Section 307, IPC for attempting the murder of Indra Mohan Singh. Both the sentences have been ordered to run concurrently.2. The genesis of th...
Tag this Judgment!Sachidanand Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-30-1999
Reported in: 2000CriLJ3333
ORDERM.C. Jain, J.1. This criminal revision arises out of the judgment and order dated 6-5-1988 passed by Sri Umesh Chandra Misra, learned Additional Sessions Judge, Ballia in Criminal Revision No. 193 of 1986 which had been filed by the present respondent No.2 against the judgment and order dated 17-5-1985 passed by S.D.M. Ballia in proceedings under Section 145 Cr.P.C. in case No. 47 of 1984.2. The dispute related to a piece of land situated in the east of the house of the present revisionist Sachidanand Singh and to the south of the present respondent No.2. Both of them claimed their possession thereon. Apprehension of breach of peace was reported about the possession in respect of the said piece of land by the police and the learned Magistrate drew preliminary order under Section 145(1) Cr.P.C. on 14-5-1982. Both the parties adduced evidence in respect of their respective claim regarding possession after filing their written statements. The revisionist before this Court was first p...
Tag this Judgment!Brij Veer and Etc. Etc. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-30-1999
Reported in: 2000CriLJ58
ORDER1. The questions of fact and law are similar in the aforesaid writ petitions and they can conveniently be decided by a common order against which learned counsel for the parties have no objection. The habeas corpus writ petition No. 7307 of 1999 shall be the leading case.2. Petitioners of aforesaid writ petitions have challenged the orders dated 19-11-1998, passed separately against each of them, under Section 3(2) of the National Security Act (hereinafter referred to as the Act) under which they have been detained. Along with the orders of detention the petitioners were also served with the grounds, which are similar. In leading case the impugned order of detention dated 19-11-1998 has been filed as Annexure 4 and grounds on which subjective satisfaction has been formed by the detaining authority has been filed as Annexure 5.3. There are two grounds on the basis of which the orders of detention have been passed. The first ground is that on 9-11-1998 Jaswant Singh son of Shri Ram,...
Tag this Judgment!Harshardhan Mittal and Others Vs. U.P. State of Electricity Board and ...
Court: Allahabad
Decided on: Jul-29-1999
Reported in: 1999(3)AWC2603
Palok Basu and R.K. Agrawal, JJ. 1. Those who are under liability to pay lacs and lacs of rupees as dues, may be electricity dues or otherwise. try to find out some way to thwart the recovery proceedings. Provisions of law and agreement, therefore, have to be pointedly looked In to find out whether the objections are genuine or only an effort to by-pass the lawful dues.2. Harshvardhan Mittal, Shiv Kumar Singh, Bramh Singh and Som Pal Singh are the four petitioners challenging the recovery certificates dated 4.3.1999 and 1.4.1999 for Rs. 14,12,778 and Rs. 32.04.144 respectively. (Annexures-7 and 8 to the writ petition). At the outset, it may be stated that two recovery certificates have not named the petitioners Shiv Kumar Singh, Bramh Singh and Som Pal Singh but it indicates the recovery proceedings only as against the petitioner No. 1. Harshvardhan Mittal. The objection of the learned counsel for the respondents that the impleadment of petitioner Nos. 2. 3 and 4 may be only a legal st...
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