Allahabad Court July 1999 Judgments
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Jai Chand Singh Vs. Jail Superintendent, Central Jail
Court: Allahabad
Decided on: Jul-15-1999
Reported in: 2000CriLJ1326
R.R.K. Trivedi and M.C. Jain, JJ.1. Habeas Corpus Petition No. 38968 of 1998 was registered on the basis of letter sent by Smt. Vimla Devi wife of Jai Chand Singh whereas Habeas Corpus Petition No. 10757 of 1999 was registered on the basis of letter sent by Jai Chand Singh from Jail. The questions of fact and law involved in both the petitions are similar and they are consequently, disposed of by this common order.2. The facts giving rise to these petitioners are that the petitioner Jai Chand Singh was convicted and sentenced for life imprisonment by the judgment and order dated 1-7-1981 passed by the learned II Additional Sessions Judge, Shahjahanpur in S.T.No. 531 of 1980 under Section 302/34/154/138/149 IPC. The aforesaid order was challenged in Criminal Appeal in this Court which was dismissed on 5th November 1982. The petitioner's claim is that he had already served out 25 years of sentence before 26th January 1999 and he ought to have been released from jail, like other convicts ...
Pushkar Singh Verma Vs. District Inspector of Schools, Meerut and Anot ...
Court: Allahabad
Decided on: Jul-14-1999
Reported in: 1999(3)AWC2622; (1999)3UPLBEC1728
ORDERM. Katju, J. 1. The petitioner was working as ad hoc Principal of the institution in question when he retired. He has claimed salary and pension of Principal. This Court In Narbdeshwar Misra v. D.I.O.S., Deoria, 1982 UPLBEC 171. has held that the officiating Principal is entitled to the salary of Principal for which period he has officiated on the post of Principal.2. Following this decision, this petition is allowed, It is held that the petitioner is entitled to the salary of Principal for the period for which he officiated on the post of Principal and the arrears of balance salary will be paid to him within two months of production of a certified copy of this order before the authority concerned. As regards the pension, since the same is paid on the basis of the salary last drawn at the time of retirement. I hold that the petitioner is entitled to the pension of Principal, if he retired on the post of officiating Principal....
iqbal Hasan Rizvi Vs. Assistant Director of Education (Higher Educatio ...
Court: Allahabad
Decided on: Jul-14-1999
Reported in: 1999(3)AWC2680; (1999)3UPLBEC1739
V.M. Sahai, J. 1. The father of the petitioner Syed Nazir Hasan Rizvi who was in service of the Institute and was head clerk died in harness on 20.8.1990. The petitioner his son who was dependent on him claimed appointment under Dying-in-Harness Rules in Class III post. The Director of Higher Education, U. P., Allahabad by order dated 19.4.1991 directed the Principal/Manager, Allahabad Agriculture Institute, Allahabad (in brief institute) to appoint the petitioner as junior clerk in the vacancy caused due to promotion of another clerk as head clerk on the post which fell vacant due to death of his father. In compliance to the order of the Director, an appointment letter was issued on 20.4.1991. The petitioner joined the duties on same day. After nearly eight months, the Assistant Director of Education issued a letter on 10.12.1991 to the Principal of the Institute on the subject of promotion and pay fixation of the employees. In this letter, it was mentioned at item number 15 that the ...
Dr. B.N. Gupta Vs. Union of India and Others
Court: Allahabad
Decided on: Jul-14-1999
Reported in: 1999(3)AWC2615
S. H. A. Raza and Krishna Kumar, JJ.1. The petitioner who belongs to Indian Forest Services, initially was appointed on deputation as Director in the cadre of Scientist 'H'. In the Indian Council of Forestry Research and Education, Dehradun, thereinafter referred to as ICFRE). On 7.11.1994 the petitioner was absorbed in the service on his application, with effect from 1.1.1994 as per A.I.S. Rules and Rules of Indian Council of Forestry Research and Education by means of letter No. Nil dated 29th December, 1993.2. Later on the Government of Punjab and Chandigarh have conveyed their concurrence for the acceptance of the resignation of the petitioner for his permanent absorption in ICFRE vide letter No. 13/1/94/FI-1/15128 dated 18.8.1994. The Ministry of Environment and Forests vide letter No. A. 19011/17/ 90-IFS-l dated 23rd/26th September, 1994 have conveyed approval of the Government of India for permanent absorption of the petitioner in the Council with effect from 1.1.1994 under prov...
Commissioner, Sales Tax Vs. Swastik Glass Enterprises
Court: Allahabad
Decided on: Jul-14-1999
Reported in: [2000]118STC109(All)
M.C. Agarwal, J.1. These three revision petitions by the Commissioner of Sales Tax Under Section 11 of the U.P. Sales Tax Act, 1948 (now U.P. Trade Tax Act) raise a common question. The dealer-respondents are represented by the same counsel. They were, therefore, heard together and are disposed of by this common order.2. Sales Tax Revision Nos. 277 and 278 of 1994 are directed against a common order dated October 11, 1993 passed by the Sales Tax Tribunal, Agra whereby it allowed the dealer's Second Appeal Nos. 129 of 1990 (U.P.) and 160 of 1990 (Central) for assessment year 1983-84 and held that the glass shells, rods and tubes manufactured and sold by the dealer were taxable as unclassified goods.3. Sales Tax Revision No. 361 of 1994 is directed against the Tribunal's order dated December 9, 1998 in Second Appeal No. 595 of 1988, for assessment year 1983-84 which too has been allowed for the same reason.4. I have heard Sri Surya Prakash, learned Standing Counsel for the Commissioner-r...
Subedar Yadav (In Jail) Vs. State of U.P.
Court: Allahabad
Decided on: Jul-14-1999
Reported in: 1999CriLJ4663
B.K. Sharma, J.1. This is an appeal against the judgment and order dated 17-7-1981 passed by Sri I. N. Thakural, the then I Additional Sessions Judge, Azamgarh in Sessions Trial No. 107 of 1981, State v. Subedar Yadav whereby he convicted the accused-appellant under Section 395, I.P.C. and sentenced him to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 1000/- and in default to further suffer rigorous imprisonment for a period of one year.2. I have heard the learned Amicus representing the accused-appellant and the learned A.G.A.3. The prosecution story was as under :-4. A dacoity took place in village Geluwara, Police Station Kotwali, district Azamgarh at the houses of Sechai Ram Vishwakarama informant (P.W.I); Ram Sumar (P.W.4); Jai Prakash; Smt. Chhohari and Anta Devi wife of Subedar in the night between 17th/18th October, 1980 in the course of which Saris and ornaments of gold and silver were looted from the house of Sechai Ram Vishwakarma (P.W.I) ...
Krishi Utpadan Mandl Samiti, Agra Vs. Chunni Lal and Another
Court: Allahabad
Decided on: Jul-13-1999
Reported in: 2000(2)AWC1168
U.S. Tripathi, J.1. This second appeal has been preferred against the judgment and decree dated 19.12.1999 passed by Sri B.D. Upadhyay, the learned XIIth Additional District Judge, Agra in Civil Appeal No. 297 of 1998 allowing the appeal arising out of Judgment and decree passed by IVth Additional Civil judge (Sr. Division), Agra dated 3.8.1998 in Original Suit No. 488 of 1991 dismissing the suit of the respondents.2. The respondent No. 1, (hereinafter, called the plaintiff) representing himself as President of Moti Ganj Khadya Vyapar Samiti, Moti Ganj, Agra filed Suit No. 488 of 1991 against the appellant and State of U. P., respondent No. 2, (hereinafter called defendants) for permanent injunction restraining the defendant Mandi Samiti from interfering in the business of Samiti and from doing business by its members at Moti Ganj. Agra, so far as dal, rice, khandsari and gur were concerned, which were products of factory and not purchased from the farmers and from not realising any ch...
Radha Krishna and Another Vs. Pratap NaraIn and Another
Court: Allahabad
Decided on: Jul-13-1999
Reported in: 1999(3)AWC2474
Sudhir Narain, J.1. The applicant has prayed that the heirs of the petitioners be directed to redeliver the possession of the disputedaccommodation to him.2. The facts relating' to filing of this application are that Pratap Narain. respondent No. 1, was owner and landlord of the shops in question. Radha Krishna, petitioner No. 1, was a tenant of one of the shops carrying on business of sale of books and Mushtaq Ahmad. petitioner No. 2, was a tenant of another shop, carrying on business of sale of shoes, etc. The landlord filed an application under Section 21 (1) (b) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (in short the Act) against the petitioners on the ground that the shops in the tenancy of the petitioners were in adilapidated condition and were required for the purpose of demolition and new construction. The parties entered into a compromise before the prescribed authority. They filed compromise application before him. It was agreed that the la...
Smt. Shobha Sharma Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jul-13-1999
Reported in: 1999(3)AWC2500; (1999)2UPLBEC1586
M. Katju, J.1. Heard Shri Dinesh Dwivedi learned counsel for the petitioner and learned Advocate General for respondents,2. The petitioner is challenging Ordinance No. 14 of 1999 known as U. P. Panchayat Raj (Amendment) Act, 1999, copy of which is Annexure-1 to the writ petition. The petitioner claims to be a Government servant and she has alleged that by the impugned Ordinance, she has been transferred on permanent basis to the Gram Panchayat.3. Sri Dinesh Dwivedi learned counsel for petitioner has submitted that the petitioner is a Government servant and hence without her consent, she cannot be transferred and placed under the Gram Panchayat. He has relied on the decision of Supreme Court in Jawahar Lal University v. Dr. K.S. Jawatkar, AIR 1989 SC 1577, and he has placed emphasis on para 7 of the aforesaid decision. In my opinion, this decision does not apply to the facts of the present case for two reasons. Firstly, that was a case of a transfer of an employee from the Jawahar Lal N...
Amar Pal Vs. District Inspector of Schools, Aligarh and Others
Court: Allahabad
Decided on: Jul-13-1999
Reported in: 1999(4)AWC2798
D.K. Seth, J. 1. The petitioner was selected by U. P. Secondary Education Service Commission as a Lecturer in Civics on 5th April, 1996. The petitioner was assigned to Udai Raj Hindu Inter College Kashipur. Nainital. Since in view of an interim order granted on a writ petition filed by one of the teacher in the said School claiming promotion to the post of Lecturer in Civics, the petitioner was not appointed in the said School. The Commission thereafter assigned Rastrlya Vidyalaya Inter College. Khair, Aligarh. It is alleged that on account of some dispute in the said School, the petitioner could not be accommodated therein. In such circumstances the District Inspector of Schools by his letter dated 8th October, 1996, assigned Babu Lal Jain Inter College, Aligarh in order to adjust the petitioner. Despite successive letters written by the District Inspector of Schools, the school authority did not allow the petitioner to join. In this background, the present writ petition has been file...
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