Allahabad Court July 1999 Judgments
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Cotton Corporation of India Ltd. Vs. Rent Control and Eviction Officer ...
Court: Allahabad
Decided on: Jul-16-1999
Reported in: 1999(4)AWC2817
J. C. Mishra, J. 1. This petition has been filed for quashing the order dated 25.11.93 passed by the Rent Control and Eviction Officer/ Additional City Magistrate VII. Kanpur declaring vacancy at 117/34, Sarvodaya Nagar. Kanpur, on the ground floor.2. It is not disputed that opposite party No. 2 Smt. Sumitra Jain was landlady of the accommodation No, 117/34, Sarvodaya Nagar. Kanpur and she had let it out to Kanpur Zlla Sahkarl Avas Sangh Limited with effect from 16.2.81 for a period of three years. The tenancy comprised ground floor of the premises including the garage and one room above the garage. The tenant stipulated that it shall not sub-let any portion occupied as tenant at any circumstance except that the accommodation shall be used for allied affiliated offices of the Co-operative Housing Societies of Kanpur district. The term of tenancy was to expire on 1.2.84.3. It is not disputed that the Jan Sevak Sahkari Avas Samiti Limited, Kanpur, was one of the affiliates of Kanpur Zlla...
Maulana Azad Educational Society and Others Vs. Ram Surat Gupta and Ot ...
Court: Allahabad
Decided on: Jul-16-1999
Reported in: 1999(4)AWC3200; (1999)3UPLBEC1934
J. C. Mishra, J.1. This appeal has been filed by the defendants Maulana Azad Educational Society. Usharatha and its Manager Mirza Anwar Beg against the plaintiff Ram Surat Gupta and proforma defendant against the Judgment and decree dated 19.8.98passed by Civil Judge (Senior Division) Jaunpur dismissing the Civil Appeal No. 367 of 1984 preferred against the Judgment and decree dated 17.9.84 passed by the Munsif City Jaunpur decreeing the suit for declaration that the plaintiff is and continues to be lecturer in Economics in the institution defendant No. 1 and is entitled to the arrears of salary subject to payment of requisite court-fee from the date of working as lecturer.2. The plaintiff respondent No. 1 Ram Surat Gupta was B.A., B. Ed. and working as a trained teacher in the institution of defendant No. 1 Maulana Azad Educational Society since 1st October. 1966. He had requisite educational qualification and was confirmed at his post as trained teacher on 6th July. 1968 : and therea...
Moti Lal and ors. Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jul-16-1999
Reported in: 2000CriLJ163
Binod Kumar Roy, J.1. Since these writ petitions are inter partes, which have been heard together, and common question of law and facts are involved in them, they are being disposed of by this common Judgment and Order.2. In Criminal Miscellaneous Writ Petition No.. 2124 of 1995 the prayer of the four petitioners (Petitioner No. 1 is father of petitioners Nos. 2 to 4) is to quash the order of the State Government as contained .in An-nexure IV.2.1 Annexure IV is really copy of the communication made by the Joint Secretary (Department of Home) to the Additional Director General of Police (Crime Branch), dated Lucknow 2nd May, 1995, stating with reference to his letter dated 1st April, 1995 that he has been asked to inform that the Government after reconsideration has decided to get investigation done by the local police concerning the connected prosecution and thus he is requested to stop Investigation by the C.B., CID immediately and to hand over the entire record to the local police.3....
U.P. State Sugar Corporation Ltd. Vs. Asstt. Collr., C. Ex.
Court: Allahabad
Decided on: Jul-16-1999
Reported in: 2000(120)ELT66(All)
ORDER1. There is no occasion for the petitioner to be aggrieved by the order 27th July, 1987 communicated to the petitioner from the Inspector, Central Excise, Sector -III, Range, Rampur. The only requirement of this communication is that the petitioner may clear the excess production for which it may be eligible under the notification dated 10th April, 1987. The Communication further says that in case the petitioner has availed any quantity over and above the ratio stipulated, then, the requisite debit entry may be made in the personal ledger account. In the circumstances whatever has to be done whether to clear excess production or to make debit entry has been left on the trust and faith of petitioner by filing return and take the consequential action as advised.2. This matter does not call for any interference by the High Court. Dismissed....
Balbeer Singh Vs. Arjun Singh
Court: Allahabad
Decided on: Jul-15-1999
Reported in: 1999(3)AWC2683
P. K. Jain, J. 1. This is defendant's second appeal against the judgment and decree dated 21.7.1993 passed by Sri C. B. Jaiswal, the then District Judge, Jhansi dismissing the Civil Appeal No. 46 of 1992, filed by the appellant.2. Respondent Arjun Singh had filed Suit No. 193 of 1988 alleging that on 23.12.1985, the defendant had agreed to sell his Bhumidhari plot No. 76 area 4.32 acres situated in village Khiriya Nad, Pargana and Tehsil, Moth district Jhansi for a sum of Rs. 32,740. Prior to that an agreement dated 23.11.1985 was executed and a sum of Rs. 10,750 was advanced but the sale-deed could not be got executed within the prescribed time. Therefore, the second agreement dated 23.12.1985 was got executed and in addition to Rs. 10,750 alreadyadvanced earlier further sum of Rs. 14,000 was advanced to the defendant and the agreement was registered with the Sub-Registrar. According to the terms of the agreement, the sale deed was to be executed after payment of balance of Rs. 8,000 ...
Saramma P.V. Vs. Chief Medical Officer, Kanpur Nagar and Others
Court: Allahabad
Decided on: Jul-15-1999
Reported in: 1999(4)AWC2787; (1999)3UPLBEC1726
V.M. Sahai, J. 1. The petitioner was appointed as mid-wife on 17.6.1980. The services of the petitioner has been terminated by order dated 28.11.1985. The petitioner challenged the termination order by means of the present writ petition. 2. The learned counsel for the petitioner Sri Satish Chaturvedi urged that the service of the petitioner who was a temporary employee has been terminated on the ground of unsatisfactory work in pursuance ofnotice dated 15.10.1985 which constitutes foundation for terminating the service of the petitioner, therefore, the termination order is violative of principles of natural justice. He placed reliance on a recent decision of the Apex Court in Radhey Shyam Gupta v. U. P. State Agro Industries Corporation Ltd. and another, 1999 (2) SCC 21.3. The learned standing counsel Sri S. P. Pandey argued that the termination order is termination simpliciter and does not cast any stigma on the petitioner. Termination of service on the ground of unsatisfactory work c...
Shashi Dutt Pandey Vs. Baleshwar Tyagi, Minister of State, Basic Educa ...
Court: Allahabad
Decided on: Jul-15-1999
Reported in: 1999(4)AWC2831
D. K. Seth, J. 1. Mr. Dinesh Dwivedi, learned counsel for the petitioner in support of his contention while challenging the order of transfer dated 8th February, 1999 contained in Annexure-4 to the writ petition, contends that the petitioner has been transferred by virtue of an order passed by the Minister of Basic Education, who is an authority outside the Board and cannot have passed the impugned order of transfer. The order of transfer has since been passed by the Board only at the dictate of the Minister. which is wholly impermissible. Neither a Minister could intervene nor the Secretary is bound by such dictates. According to him, though the order of transfer has been dressed as an independent order of transfer, but was prompted by the dictate of the Minister. According to him. there was no application of mind on the part of the Secretary of the Board in Issuing the order of transfer. He then contends that such transfer order could be passed only within the district and the petiti...
Govind Ram Vs. Land Record Officer, Pauri Garhwal and Others
Court: Allahabad
Decided on: Jul-15-1999
Reported in: 1999(4)AWC2843; (1999)2UPLBEC1600
D.K. Seth, J.1. Having been appointed as Lekhpal at Dehradun In 1981. the petitioner came to Pauri Garhwal in 1985 through mutual transfer with one Hari Mohan Singh. On 22nd January. 1997 the petitioner was informed by Tehsildar, Kotdwar that pursuant to an order dated 3rd January, 1997 passed by the Commissioner, the petitioner was transferred to Dehradun on administrative ground and one Anil Kumar Negi may be given the charge. The petitioner made a representation. The order of transfer was stayed by an order dated 8th July, 1997. Thereafter, the petitioner made a further representation for allowing him to continue at Pauri Garhwal. On 2nd September, 1997. the Commissioner had endorsed that the order of transfer of Govind Ram to Dehradun be cancelled as is apparent from Annexure-7. On 11th September, 1997 the Commissioner appears to have withdrawn the stay of transfer of the petitioner passed on 8th July, 1997. It is apparent that while on 2nd September. 1997, the order of transfer of...
Dharamveer Gupta Vs. U.P. Secondary Education Services Commission, All ...
Court: Allahabad
Decided on: Jul-15-1999
Reported in: 1999(4)AWC2925; (1999)3UPLBEC2358
R.R.K. Trivedi, J.1. Petitioner of Writ Petition No. 8442 of 1993 has preferred this special appeal under Chapter VIII. Rule 5 of the Rules oforder dated 19.7.1995, passed by learned single Judge under which the writ petition challenging his dismissal from the post of Principal of R.B.M. Inter College, Tilhar, district Shahjahanpur, by resolution dated 15.12.1991, passed by theapproval of the same by U. P. Secondary Education Service Commission (hereinafter referred to as the Commission) by order dated 18.2.1993, has been dismissed. Appellant/petitioner Dharam Veer Gupta (who shall hereinafter be referred to as petitioner) was selectedand appointed as principal of the college on 8.3.1973. However, his relations with the employer-smooth from the very beginning and the Committee of Management made first attempt to terminate his services on 26.2.1974. However, as no prior approval of the District Inspector of Schools (hereinafter referred to as the D.I.O.S.) under Section 16G of the U. P....
Ram Shanker Yadav Vs. Regional Manager, South Region, U.P. Forest Corp ...
Court: Allahabad
Decided on: Jul-15-1999
Reported in: (1999)3UPLBEC2119
D.K. Seth, J.1. In all these cases common questions of law and facts being involved, by consent of parties it was agreed that those may be taken up together. with permission of the Court, counsel for the respondents Mr. V. K. Singh has filed a counter affidavit in writ petition No. 3591 of 1999 which has to be treated as counter affidavit to all the other writ petitions. There is no dispute with regard to the facts made out in the writ petition, Mr. V. M. Zaidi, learned counsel addressed the Court on behalf of the petitioners in Writ Petition Nos. 8566 of 1999, 8911 of 1999, 18395 of 1999 and 18775 of 1999. Mr. Rakesh Kumar Shukla counsel for the petitioner addressed the Court on behalf of the petitioners in writ petition Nos. 5726 of 1999, 8564 of 1999, 8566 of 1999 and 14372 of 1999. Mr. I. R. Singh learned counsel for the petitioner addressed the Court on behalf of the petitioner in writ petition No. 3591 of 1999 Mr. V. K. Singh, learned counsel represented the respondents in all th...
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