Allahabad Court July 1999 Judgments
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Naveen Chandra Seth and Others Vs. Commissioner, Allahabad and Others
Court: Allahabad
Decided on: Jul-05-1999
Reported in: 1999(3)AWC2444
O.P. Garg, J. 1. This writ petition under Article 226 of the Constitution of India seeks to quash the orders dated 9.3.1999 and 5.4,1999. respectively. Annexures-1 and 1A to the writ petition, passed by the Commissioner, Allahabad Division. Allahabad, respondent No. 1. The facts leading to the present petition are as follows :2. The dispute relates to the mutation of the-names over the Nazul plot of land No. 34, George Town, Allahabad, admeasuring 1007 sq. yards. It is an admitted fact that the lease -agreement of the said plot was executed on 23.10.1914, to be effective from the retrospective date, i.e., 1.1.1910 for a period of 90 years subject to renewals after every 30 years in favour of Rai Keshri Narain Chaddha who left behind him one of his sons--Triyugi Narain Chaddha. A bungalow bearing Municipal number 34/2 (old) and new number 6A. C. Y. Chintamani Road, has come up over the said plot of land. After the death of Triyugi Narain Chaddha, lease rights were Inherited by his two s...
Kishan Singh Vs. Executive Officer, Municipal Board and Another
Court: Allahabad
Decided on: Jul-05-1999
Reported in: 1999(3)AWC2522
D.K. Seth, J.1. By a notice dated July 12, 1990, the petitioner was sought to be retired prematurely under Rule 56, Volume II, Part II to IV of the Financial Hand Book. The said order is Annexure-I to the writ petition. Mr. A. R. Dubey, learned counsel for the petitioner contends that by reason of Government Order dated December 21, 1989, a Municipal servant outside the Centralized service could be terminated prematurely after attaining 50 years provided prior approval of the Commissioner is received on the recommendation of the Screening Committee. In the present case no such approval was obtained therefore, premature retirement was invalid.2. Mr. Murlidhar assisted by Mr. P. K. Singhal, learned counsel for the respondents on the other hand contended that the retirement was effected in exercise of sub-regulation (2) of Regulation 3 of the Retrenchment and Retirement of Servants of Municipal Board, Regulation, 1965 (hereinafter referred to as 1965 Regulation) therefore, there is no nec...
Lal Chand Vs. Executive Officer, Municipal Board and Another
Court: Allahabad
Decided on: Jul-05-1999
Reported in: 1999(3)AWC2495
D.K. Seth, J.1. The petitioner was asked to retire by a notice dated 23rdNovember, 1990 with 3 months pay in lieu of notice. The said order is Annexure-1, since being challenged in this writ petition. Mr. A. R. Dubey learned counsel for the petitioner assails the same on the ground that the retirement age is 60 years but the petitioner has been sought to be retired only after attainment of 58 years on the ground of inefficiency. According to him, there is no material available on the service record to show that the petitioner was inefficient. Thus, the order of non-retention of the petitioner is purely mala fide and has been passed with an ulterior motive. Therefore, the order cannot be sustained.2. Mr. Murlidhar, learned counsel for the respondents assisted by Mr. P. K. Singhal on the other hand, contends that the ground for non-retention was in terms of Regulation 3 of Retrenchment and Retirement of Servants of Municipal Boards Regulations, 1965 on the ground of physical unfitness an...
Satya NaraIn and Another Vs. Ravi Nath (Dead.) Through L.Rs. and Other ...
Court: Allahabad
Decided on: Jul-05-1999
Reported in: 1999(3)AWC2537
A.K. Yog, J.1. One Satya Narain, son of Anganu and Gaon Sabha Manhardin, petitioner Nos. 1 and 2 in the present petition, have filed this petition under Article 226. Constitution of India, and have challenged the order passed by District Judge. Basti (respondent No. 6) dated February 22, 1980 (copy filed as Annexure-3 to the petition whereby the order dated February 22, 1979 passed by Munsif. Basti in Execution Case No. 28 of 1977, Ravi Nath and others v. Bhumi Prabandhak Samiti, has been set aside. Misc. Appeal No. 128 of 1979 has been allowed and objections under Order XXI, Rule 90 of C.P.C. held to be as barred by time.2. I have perused the order passed by learned Munsif, Basti dated 22.2.1979 (Annexure-2) as well as the impugned order dated 22.2.1980 passed by the District Judge (Annexure-3).3. Sole ground on which the District Judge has passed the impugned order dated 22.2.1980 (Annexure-3) is, to quote in his own words :'Having heard parties counsel. I am of the opinion that the ...
India Surgical Works, Ghaziabad and Another Vs. Addl. District and Ses ...
Court: Allahabad
Decided on: Jul-05-1999
Reported in: 1999(3)AWC2525; (1999)2UPLBEC1562
O. P. Garg, J.1. The core question involved for consideration on anddetermination in the present writ petition is whether the absorbent cotton, popularly known as surgical cotton comes within the orbit of the expression 'agricultural produce' as defined in Section 2 (a) of the U. P. Krishi Utpadan Mandi Adhinlyam, 1964 (hereinafter referred to as 'the Act') and market fee is leviable thereon under Section 17 (iii) (b) of the Act treating it to be cotton (ginned and unginned) as mentioned at SI. No. 3 of item (iv) Fibres. Detailed in the Schedule appended to the Act.2. The above controversy has come up before this Court in the backdrop of the following facts :The petitioner No. 1-M/s. Indian Surgical Works. Garh Road, Tilakwa. district Ghaziabad, through its partner-petitioner No. 2. is engaged in the wholesale and retail sale of absorbent cotton wool (I.P.) (for short 'absorbent cotton'). The respondent Nos, 2 and 3 (compendiously referred to as 'Mandi Samiti') required the petitioners...
Deepak Mitra Vs. District Judge, Allahabad and Others
Court: Allahabad
Decided on: Jul-05-1999
Reported in: 1999(4)AWC2721
O.P. Garg, J.1. The core question involved in the present writ petition is whether in a case in which a dispute between the parties has been referred for decision by an Arbitral Tribunalappointed by the High Court, interim order which is termed as an 'interim award' passed by it with a view to ascertain the feasibility, viability of the proposal for vertical division of immovable and movable properties and assets of the two private companies equally, after ascertaining the wishes of the shareholders and ultimately holding that the division is not practicably possible, can be made subject-matter of challenge by initiating proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') before the District Judge, Allahabad, being the principal Civil Court of original jurisdiction in the district. It is in the wake of this controversial question that the petitioner--Deepak Mitra has prayed for a writ of prohibition to prohibit District Judg...
Virendra Singh (In Jail) Vs. State of U.P.
Court: Allahabad
Decided on: Jul-05-1999
Reported in: 1999CriLJ4645
ORDERB.K. Sharma, J.1. This is an appeal against the judgment and order dated 7-12-1995 passed by Sri R.P. Singh, the then Sessions Judge, Tehri Garhwal in S.T. No. 41 of 1991 State v. Virendra Singh, whereby he convicted the accused-appellant of the offence under Section 395,1.P.C. and sentenced him to undergo R.I. for a period of 7 years-and to pay a fine of Rs. 2000/- and in default of payment of fine to suffer R.I. for a further period of 6 months.2. The prosecution case was that on 7-1 -1991 at about 8.15 p.m. the first informant Madan Singh Kundra (PW 1), who was posted as Tehsildar, Tehri came back to Tehri after leaving Sub-Divisional Magistrate at his residence after attending the law and order duty at top Terrace with Sub-Divisional Magistrate, Tehri. He came to his residence situated at Mohalla Chanakhet, Tehri along with his peon Amichand Ramola. He noticed the presence of 5-6 boys at the gate of his house and they were hurling abuses and grappling with each other and they ...
Karey Singh (Karay Jath) and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Jul-05-1999
Reported in: 1999CriLJ4652
B.K. Sharma, J.1. These are two connected appeals against the judgment and order dated 20-6-1980 passed by Sri V. V. Singh, the then IVth Additional Sessions Judge, Aligarh in S. T. No. 57 of 1977 State v. Sahab Singh and S. T. No. 88 of 1987 State v. Rajendra and others, whereby he convicted Rajendra Singh accused-appellant of the offence under Section 395 I.P.C. and sentenced him to undergo rigorous imprisonment for a period of three years and further convicted him of the offence under Section 384 I.P.C. and sentenced him to undergo rigorous imprisonment for a period of one year and convicted the accused-appellants Jaihendra Singh, Karey Singh, Bhagwan Singh, Kamal Singh and Zafar Uddin alias Zafar of the offence under Section 395 I.P.C. and sentenced each one of them to undergo rigorous imprisonment for a period of 3 years and further convicted them of the offence under Section 384/34 I.P.C. and sentenced each one of them to undergo rigorous imprisonment for a period of one year. Bo...
Chheddu Vs. State of U.P.
Court: Allahabad
Decided on: Jul-05-1999
Reported in: 2000CriLJ78
ORDERB.K. Sharma, J. 1. This is an appeal against the Judgment and order dated 29-8-1980 passed by Sri O.P. Garg, the then V Addl. Sessions Judge, Fatehpur in S.T. No. 19 of 1990, State v. Cheddu, whereby he convicted the accused-appellant Chheddu of the offence under Section 395, I.P.C. and sentenced him to undergo rigorous imprisonment for a period of seven years and a fine of Rs. 2000/-and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year. 2. The informant in this case was Shiv Bhajan (P.W.I). He had his house in village Khajuria, P.S. Jahanabad, district Fatehpur. To the east of his house, there was open land and after that open land, there was a Baithak of Gaya Prasad (P.W.4). This open land was the Sahan of these two houses. Further to the south of that Sahan, there was open land extending towards south which apparently was Rasta going towards south and from there to the east. To the north-east of the Baithak of Gaya Prasad (P.W. 4),...
Jameel Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-05-1999
Reported in: 2000CriLJ3049
ORDERB.K. Sharma, J.1. This is a revision against the judgment and order dated 28th June, 1984 passed by the Shri Sushil Kumar, the then Sessions Judge, Muzaffarnagar in Criminal Appeal No. 28 of 1984 whereby he dismissed the appeal and upheld the conviction of the accused-revisionist in Criminal Case No. 1139/9/83 under Section 7/16 of the Prevention of Food Adulteration Act on 3-2-1984 by Shri J.C. Misra, the then Special Judicial Magistrate (Economic offences), Muzaffarnagar sentencing him to undergo rigorous imprisonment for a period of six months under Section 7(1), 16(i)((a)(i) of the Prevention of Food Adulteration Act and a fine of Rs. 1000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of two months.2. The prosecution case was that the Food Inspector Sri M.P. Singh on 29-11-1980 at about 8.15 a.m. took sample of mixed milk of cow and buffalo which was being offered for sale by the accused revisionist in front of Soliders Board buildi...
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