Allahabad Court July 1999 Judgments
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D.C.M. Shriram Industries Ltd. and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jul-09-1999
Reported in: 1999(4)AWC2809
N. K. Mitra, C. J. and S. R. Singh, J. 1. Petitioners are the owners of sugar factories. They have their own distilleries set up as an adjunct to their respective factories which they claim, have the capacity to consume the entire stock of molasses produced in their respective sugar factories. The gravamen of the petitioners weaves round certain directions issued by the Controller of Molasses that the petitioners have called out for challenge in the Instant petitions instituted under Article 226 of the Constitution. The reliefs except the reliefs that were sorted out as not pressed, are excerpted below :(a) Pass on order along the lines of similar orders dated 8.12.1998 passed by this Hon'ble Court in the cases of Kesar Enterprises Ltd, v. State of U. P, and others, Civil Misc. Writ Petition No. 41665 of 1998 and Sir Shadi Lal Enterprises and others v. State of U. P, and another, Civil Misc. Writ Petition No. 33748 of 1998 and to permit the petitioners to sell or captivity consume the ...
Mushir Khan Alias Masshan Vs. Xiith Addl. District Judge, Moradabad an ...
Court: Allahabad
Decided on: Jul-09-1999
Reported in: 1999(4)AWC2900
J.C. Gupta, J. 1. Heard Sri K. K. Arora learned counsel for the petitioner and Sri M. S. Haq for the contesting-respondents.2. By means of this writ petition a prayer has been made to quash the order dated 12.2.90 passed by respondent No. 1 in revision filed against the order of the trial court dated 30.5.88.3. Since counter-affidavit has been filed, in the peculiar circumstances of the case this writ petition is disposed of finally at the admtsslon stage itself.4. The facts in brief are that the deceased respondent No. 3 filed suit for rent and ejectment against the petitioner and respondent No. 2 claiming that rent was due from 23.9.1983 which was not paid despite service of notice of demand and termination of tenancy. The petitioner is defendant No. 2 in the said suit andhis defence was that there was no relationship of landlord and tenant between him and the plaintiff. According to his case, the owners of the disputed house were Mohd. Naseem and others and in one part of the proper...
U.P. Medical College Medical Education Teachers Association, Gorakhpur ...
Court: Allahabad
Decided on: Jul-08-1999
Reported in: 1999(3)AWC2459; (1999)2UPLBEC1573
Ashok A. Desai, J.1. These four writ petitions since raise common question of facts and law have been heard together and are decided by a common judgment.2. Pursuant to Cabinet decision, the Government by order dated 2.4.1998, directed to convert six Government Allopathic Medical Colleges into each individual autonomous Societies and to transfer of properties and equipments of Medical Colleges to the corresponding Societies. Minister of Medical Education, in each Society has been nominated as Chairman of Board of Governors. Model bye-laws to be prepared by the Government, have to be adopted by the concerned Society. Accordingly, vide Circular dated 14.9.1998 model bye-laws were issued. On 17.10.1998, six societies were independently registered under Societies Registration Act, 1860 (hereinafter referred to the Act). These petitions have questioned validity, propriety and motivation of these decisions.3. During the course of hearing, the learned Advocate General presented affidavit swor...
Mahak Singh Vs. U. P. State and Others
Court: Allahabad
Decided on: Jul-08-1999
Reported in: 1999(4)AWC3511; (1999)2UPLBEC1635
D.K. Seth, J. 1. After the amendment is allowed. Mr. K. R. Singh, learned standing counsel submits that he is not required to file any counter-affidavit in respect of the amended pleading and the writ petition can be disposed of on the basis of the material before the Court to which Mr. W. H. Khan learned counsel for the petitioner has no objection. By consent of the parties, the matter was taken up for hearing. Both the learned counsel had addressed the Court on the merits.2. The petitioner contends that he was asked to retire on 30th June, 1998, by a notice dated 12th November. 1997 (Annexure-4), on the basis of his date of birth as 1st July. 1940, recorded in his service book. Petitioner alleges that he had passed Junior High School examination in 1957 and High School Examination in 1959. The date of birth of the petitioner has been recorded as 15th July. 1943 in the certificate of High School Examination. Therefore, he had made an application on 14th November, 1997, for correction ...
Jagdeo Singh Chauhan Vs. District Inspector of Schools and ors.
Court: Allahabad
Decided on: Jul-08-1999
Reported in: (1999)3UPLBEC2023
D.K. Seth, J.1. Since the facts of both these cases are inter-connected with the consent of the parties, both these writ petitions are taken up together.2. Mr. Ranbir Singh, learned Counsel appears on behalf of Mr. Jagdeo Singh Chauhan in writ petition No. 16217 of 1997. Mr. K.N. Saxena appears for the Committee of Management being respondent No. 2 in writ petition No. 16217 of 1997. Mr. A.K. Yadav appears on behalf of U.P. Secondary Education Service Commission. Dr. I.R. Singh appears on behalf of Mr. Suresh Kumar Jain, petitioner No. 2 in writ petition No. 34982 of 1997.3. I have heard all the Counsel at length who had addressed the Court on the merits of both the writ petitions.4. The facts of the case are as follows : A notice was published for selection of Head Master by the Commission. In the advertisement, the name of the school Sri Chhatrasal Zila Parishad Uchchatar Madhyamik Vidyala, Narhat, Lalitpur was mis-spelt as Sri Kshatrapal Uchchatar Madhyamik Vidyala, Narhat. On this ...
Mahendra Singh and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Jul-08-1999
Reported in: 1999CriLJ4669
B.K. Sharma, J.1. Both these appeals were preferred by the accused-appellants against the judgment and order dated 12-2-1980 passed by Sri A.B. Hajela, the then Ivth Additional Sessions Judge Etah in S.T. No. 430 of 1979 State v. Mahendra Singh and 3 others under Sections 302 and 307, I.P.C. whereby, he convicted Shri Pal, Ramesh and Nek Ram accused-appellants of the offence under Section 302,1.P.C. and sentenced each of them to imprisonment for life and further convicted them of the offence under Sections 307/34,1.P.C. and sentenced them to undergo R.I. for 7 years each and convicted Mahendra Singh accused-appellant for the offence under Sections 302/34,1.P.C. and sentenced him to undergo imprisonment for life and further convicted him of the offence under Section 307,1.P.C. and sentenced him to undergo R.I. for a period of 10 years.2. The deceased in this case was Lakhan Singh. The informant Kalloo Singh P.W. 1 is father of the deceased. Sher Singh P.W. 3 injured of this case is a ne...
Udai Metals Pvt. Ltd. Vs. Union of India (Uoi)
Court: Allahabad
Decided on: Jul-08-1999
Reported in: 1999(113)ELT49(All)
ORDERM.C. Agarwal, J.1. Heard Sri Ashok Trivedi, learned Counsel for the petitioner and Sri Surya Prakash, learned Standing Counsel for the respondent.2. This writ petition under Article 226 of the Constitution of India is directed against an interim order dated 3-11-1998 passed by the Commissioner, Customs & Central Excise (Appeals), Allahabad whereby in exercise of the powers under the proviso to Section 35F of the Central Excise Act and the powers of stay, he directed the petitioner to deposit the adjudicated dues i.e. a penalty of Rs. 20,000/- within 15 days and rejected the petitioner's request for staying the auction of the confiscated goods.3. The petitioner imported zinc dross described by it as shelf which was freely importable without any licence. The case of the Custom authorities, who physically verified the goods, is that the imported goods were not zinc dross known as shelf but they were in the shape of power and flakes of zinc dross not falling within the category of she...
Ram Chandra Shukla Vs. Director of Education (Secondary), Allahabad an ...
Court: Allahabad
Decided on: Jul-07-1999
Reported in: 1999(4)AWC2878; (1999)2UPLBEC1613
D.K. Seth, J.1. A large number of vacancies existed in the post of lecturers in different Government Institutions for which a Circular in the form of the Government Order dated July 16, 1989 was Issued by the Government facilitating ad hoc appointment in the post of lecturer until a regularly selected candidate by the Commission is available on the terms and conditions contained in the said Government Order. Pursuant to the advertisement published in terms of the Government Order, the petitioner having applied, was selected by the Selection Committee constituted in terms of the Government Order following the procedure laid down therein. In the appointment letter, the appointment was limited for a particular time and contemplated that the petitioner would continue till a regularly selected candidate by the Commission is available or till the time stipulated in the appointment letter, whichever is earlier. By means of this writ petition, the petitioner has challenged the imposition of th...
Amrish Kumar Agarwal and ors. Vs. State of Uttar Pradesh and ors.
Court: Allahabad
Decided on: Jul-07-1999
Reported in: 2000CriLJ1324; II(2000)DMC608
ORDERG.P. Mathur, J.1. This petition under Section 482, Cr.P.C. has been filed for quashing the proceedings of Criminal Case No. 2013 of 1984 pending against the applicants in the Court of IInd Additional Munsif Magistrate, Kasganj.2. The petition was admitted on 30.1.1985 and further proceedings in the Trial Court were stayed on the same day. However, neither any one has put in appearance on behalf of the complainant-opposite party No. 3 nor any counter affidavit has been filed either on her behalf or on behalf of the State. The Court has, therefore, to proceed on the basis that the averments made in the petition and affidavit are correct.3. Smt. Meera Rani Agarwal, the complainant-opposite party No. 3 filed a criminal complaint on 19.12.1984 against the applicants that her marriage with Amrish Kumar Agarwal (A-l) was performed at Kasganj, District Etah on 30.2.1982 and thereafter she continued to perform her marital obligations. Soon after her marriage the applicant No. 1 and his par...
Udai NaraIn Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-07-1999
Reported in: 2000(1)ALT(Cri)13; 2000CriLJ544
ORDERG.P. Mathur, J. 1. This petition under Section 482, Cr.P.C. has been filed by the complainant praying that further proceedings in S.T. No. 388 of 1987 be stayed and the learned Vi Additional Sessions Judge, Varanasi be restrained from delivering the judgment in the aforesaid case.2. Udai Narain, the complainant applicant filed a criminal complaint against the accused respondents No. 2 to 5 under Sections 395, 397, I.P.C. The learned Magistrate took cognizance of the offence and summoned the accused. In due course the case was committed to the Court of Session where the statement of complainant and some other witnesses was recorded. It appears that the record of the case was burnt in a fire, which broke out in the office and an order, was passed on 5-8-1989 to reconstruct the record. On 10-8-1989, the prosecution as well as the defence filed certain papers which were taken on record and 16-8-1989 was fixed for recording statement of accused under Section 313, Cr.P.C. Thereafter on ...
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