Allahabad Court July 1999 Judgments
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Yogendra Kumar and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Jul-27-1999
Reported in: 1999CriLJ4685
B.K. Sharma, J.1. This appeal against the judgment and order dated 17-2-1989 passed by Sri Chhotey Lal, the then Special Judge (D.A.A.), Banda in Spl. Trial No. 52 of 1987, State of U. P. v. Yogendra Kumar and others whereby he convicted all the accused appellants Yogendra Kumar, Ram Murti, Raj Kumar and Maan Singh of the offence punishable under Section 394, 1.P.C. and sentenced each of them under Rigorous Imprisonment for a period of four years.2. Heard learned counsel for the parties. The informant in this case is Lal Bihari Agrawal. He was Store Keeper/Cashier of the Municipal Board, Atarra, district Bapda on the date of occurrence. The prosecution case is that on 4-10-1986, he had taken payment of Rs. 22,770.22 p. from State Bank of India, Banda of the salary bill of the Municipal Board staff out of which he kept a sum of Rs. 10,270.22 p. in the pocket of his Patloon and the rest amount of Rs. 12,500/- in his bag and then came to Atarra and got down at Atarra Bus Stand from Bus an...
Ex Signalman Jagdamba Prasad Dubey Vs. Union of India and Others
Court: Allahabad
Decided on: Jul-26-1999
Reported in: 1999(3)AWC2543; (1999)3UPLBEC1756
S.H.A. Raza and Krishna Kumar, JJ.1. Heard learned counsel for the petitioner and learned additional standing counsel for the Union of India.2. After the success of operation Vijay, the entire country has showered tribute and homage to the departed soldiers who lost their lives, and also saluted the bravery of the soldiers who in difficult mountain terrain where the temperature was below the freezing point successfully repelled the onslaught of the intruders.3. Now the time has come when the attitude and behaviour of the Army Officers and the Defence Ministry towards soldiers should change. No doubt discipline and stemess is the hall mark of military service but it does not mean that the soldiers who are separated from their families to guard the border states, thousands of miles away from their homes and are often subjected to mental stress and strain be allowed to be abandoned, if they are discharged from military service on account of any disability which is attributable to the mili...
Municipal Board, Chunar and Another Vs. Additional S.D.O., Sadar, Mirz ...
Court: Allahabad
Decided on: Jul-26-1999
Reported in: 1999(3)AWC2706
Yatindra Singh, J.1. Is the U. P. Tenancy Act. 1939 (the Tenancy Act for short), a 'law relating to land tenure' within the meaning of the U. P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 [the Act for short)? Is land held by a tenure holder under the Tenancy Act. 'premises' within the meaning of the Act? These questions arise for determination in these four writ petitions. This is how they arise.FACTS 2. The property in dispute is Nazul property. The concerned District Magistrate had leased it out in favour of the predecessor-in -interest of the contesting respondents. The notified area committee had renewed it for a term. Subsequently, the lessees transferred the property in favour of thecontesting respondents. After expiry of the period of the leases, a notice was issued to the contesting respondents under the Act for their eviction in proceedings initiated by the Municipal Board, Chunar. Mirzapur (The Board for short). It is not disputed that now the Board manage...
Committee of Management, Maharajganj Inter College and Another Vs. Dis ...
Court: Allahabad
Decided on: Jul-26-1999
Reported in: 1999(4)AWC2783; (1999)3UPLBEC1765
N.K. Mitra, C.J. and S.R. Singh, J. 1. Heard Shri S. C. Dwivedi for the appellant and Shri R. N. Singh, Senior Advocate for the respondents. We have also perused the judgment under challenge as well as the order dated 7.8.1998 which was the subject-matter of challenge in the writ petition and whereby the District Inspector of Schools declined to accord approval of suspension of the respondent.2. It appears that respondent Radhey Shyam Mishra was placed under suspension pursuant to the resolution passed by the Committee of Management at its meeting held on 2.8.1998 and papers were sent to the District Inspector of Schools for approval. The respondent Radhey Shyam Mishra appears to have made a representation to the District Inspector of Schools on 4.8.1998 stating therein that he had been appointed as Principal on 6.7.1998 and was, therefore, not liable to be suspended as a Lecturer and further that he had no notice or agenda of the meeting of the Committee of Management held on 2.8.1998...
Bhanu Kumar Dubey Vs. District Inspector of Schools, Mirzapur and Anot ...
Court: Allahabad
Decided on: Jul-26-1999
Reported in: 1999(4)AWC2964; (1999)3UPLBEC2013
V. M. Sahai, J.1. The petitioner qualified to be appointed as lecturer in Sanskrit was declared a reserve pool teacher by this Court on 23.1.1991 in Civil Misc. Writ Petition No. Nil of 1991, Km. Manisha Dubey. Such a teacher under Section 21B of the Uttar Pradesh Secondary Education Service Selection Boards Act, 1982 (In brief Act) is entitled to be absorbed on direct post on priority basis. The petitioner's name was entered on the register of reserve pool teachers by the Deputy Director of Education (Secondary) by letter dated 14.3.1991. Yet the petitioner was not appointed. Therefore, he filed a writ petition which was disposed of on 8.5.92 directing District Inspector of Schools to decide his representation. In pursuance of the direction, the District Inspector of Schools decided the representation on 1.7.92. It was held that earlier the petitioner was not treated as reserve pool teacher but after the decision of this Court on 23.1.91, his name has been brought on the list of reser...
Abinash Chandra Srivastava Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jul-26-1999
Reported in: 1999(4)AWC2961; (1999)3UPLBEC2145
V. M. Sahai, J.1. The petitioner was selected and appointed on 1.12.76 as collection amin in accordance with the U. P. Collection Amins Service Rules. 1974 (in briefRules). He completed ten years service on 1.12.87 and was granted selection grade w.e.f. 1.1.85 under the orders passed by Board of Revenue [in brief Board) and was placed in the pay scale of Rs. 345-515. The pay was revised to Rs. 950-1.500. On 12.4.90 the Government Issued an order on the subject of promotional pay to the collection amins. Paragraph 2 of the order stated that under the 'Eikikrtt Sangrah Yojna', the collection amins after completion of 6 years service in selection grade would be entitled to promotional pay scale of Rs. 975-1,600. Since the petitioner had completed 6 years service in selection grade, he was placed in this pay scale. On 3.9.94 the Government issued another order on recommendation of parity committee and pay scale of collection amins was upgraded from Rs. 950-1,500 to 975-1,660. The pay thus ...
Committee of Management, Jai Kishan Inter College, Basti and Another V ...
Court: Allahabad
Decided on: Jul-26-1999
Reported in: 1999(4)AWC3452; (1999)3UPLBEC2088
M. Katju, J.1. Heard learned counsel for the petitioner, Sri AnuragPathak for respondent No. 2 and the learned standing counsel.2. The dispute in this case Is as to who is entitled to be promoted as ad hoc Principal in the Institution in question. According to the Full Bench decision of this Court in Radha Raizada v. Committee of Management, 1994 (3) UPLBEC 1551, ordinarily the seniormost teacher has the right to be appointed as ad hoc Principal. Admittedly, the petitioner is the seniormost teacher in the institution in question and hence according to Radha Raizada's case, the respondent No. 2 is not entitled to be promoted as ad hoc Principal.3. Learned counsel for the petitioner has relied on a decision of this Court In Satya Vir Singh v. D.I.O.S., Bulandshahr, 1995 (1) AWC 122, and he has emphasised on paragraphs 11 and 12 of this decision in which it has been held that once the seniormost teacher has declined to accept the post, he cannot claim the right to function as officiating ...
Ati Ahmad Vs. U.P. State Electricity Board and Others
Court: Allahabad
Decided on: Jul-23-1999
Reported in: 1999(3)AWC2623; (2000)1UPLBEC543
D.K. Seth, J.1. The petitioner was asked to retire on attainment of 58 years of age by a notice contained in Annexure-7 to the writ petition being dated 21st August, 1995 informing him that he would be retiring with effect from 1st March, 1996 on account of attainment of 58 years of age on 29th February, 1996. Subsequently, another letter dated 16th November. 1995, contained in Annexure-10 was issued to the petitioner informing him that he would be retiring on 30th June, 1996 and the date 29th February, 1996, mentioned in the letter dated 21st August, 1995 is to be read as 30th June, 1996. These two notices have been challenged by means of this writ petition on the ground that the date of birth of the petitioner was recorded in the service record as 2nd February. 1940 on the basis of the High School Certificate. Therefore, the petitioner ought to retire on 1st March. 1998 when he would be completing 58 years of age.2. Mr. S. C. Budhwar, learned counsel for the petitioner assisted by Mr...
Mishra Brothers and Another Vs. State of U. P. and Another
Court: Allahabad
Decided on: Jul-23-1999
Reported in: 1999(4)AWC2775
R.R.K. Trivedi, J. 1. Petitioners of this petition have challenged the legality of the Government Orders dated 13.4.1998 and 30.1.1999 Annexures 1 and 3 respectively to the writ petition, by all the wholesale dealers of superior kerosene oil (in short S.K.O.) have been required to construct an under ground/above ground tank for storage of S.K.O. They have also questioned the vires and legality of Clause 3B of Uttar Pradesh Kerosene Control Order, 1962 (hereinafter referred to as the Control Order) which has been inserted by U. P. Kerosene Control (Amendment) Order, 1998, a copy of which has been filed as Anncxure-2 to the writ petition. Initially, dealers were required to get the underground /above ground tanks constructed by 31.3.1999 but this date has been further extended up to 31.7.1999, vide Government Order dated 6.4.1999. Petitioner No. 1 is a dealer, whereas petitioner No. 2 is an Association of Petroleum Dealers of Uttar Pradesh, which is a registered association as claimed in...
Sukh Dev Prasad Puri Vs. Canara Bank and Others
Court: Allahabad
Decided on: Jul-23-1999
Reported in: 1999(4)AWC2735; [2001]107CompCas270(All)
Palok Basil, J.1. In the instant First Appeal, the Intricacies involved in civil litigations perhaps stand stretched to the farthest and the point for determination is whether Kothi No. (Old 3) New 4/114-C, Civil Lines, Bagh Farzana, Agra (hereinafter referred to as the disputed property) could be proceeded against in execution of theex parte decree dated 30.4.1979 arising out of the Original Suit No. 20 of 1977, Canara Bank v. M/s. Modern Tin Printers and others, for recovery of Rs. 2.12.622.64 p. because the said execution is being resisted by the appellant Sukhdev Prasad Puri on the ground that the disputed property has been purchased by him in an auction sale held on 30.10.1985 by the Additional Collector, Agra, in proceedings for realisation of sales-tax dues then pending against the said Firm M/s. Modern Tin Printers and Fabricators, Agra. The Judgment prepared by Hon'ble S. K. Jain. J. In so far as it dismisses the appeal is respectfully concurred, but for the added reasons set ...
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