Allahabad Court July 1999 Judgments
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N.T.P.C. Sahakari Avas Samiti Ltd. Vs. Greater Noida Industrial Develo ...
Court: Allahabad
Decided on: Jul-13-1999
Reported in: AIR2000All47; (1999)3UPLBEC1776
B. K. Sharma, J.1. Sri Dinesh Dwivedi has appeared for the petitioners in Civil Misc. Writ petition Nos. 4255 and 4189 of 1998 while in rest of the writ petitions, Sri Pankaj Mittal has appeared for the petitioner, Sri Pradeep Kumar, Advocate has appeared for the respondents in each of the petitions. Since in all these writ petitions, common questions of law and fact are involved, the same have been consolidated and have been heard together.2. The admitted facts are that the Noida Industrial Development Authority (for short GNIDA), is a statutory body which gave an advertisement in local papers on 28-9-1996 inviting applications for allotment of land from Group Housing Societies registered in Uttar Pradesh. The petitioners and certain other societies, including I.A.S. Officers Society (Green Wood Sahkari Awas Samiti Limited) and M/s. Diby and Beverages Society Ltd. applied to GNIDA for allotment of land in response to the aforesaid advertisement. After considering the applications, GNI...
State of Karnataka Vs. Gurunath and anr.
Court: Allahabad
Decided on: Jul-13-1999
Reported in: 2000CriLJ1192
M.F. Saldanha, J. 1. We have heard the learned Addl. S.P.P. on merits because there is an I.A. for condonation of delay and in principle, unless this Court is satisfied that there exists a good case on appeal, we do not share the view that notice be issued to the respondents and they be asked to appear before this Court even on the LA. In the facts and circumstances of the case, the I.A.A. is allowed and the delay is condoned.2. As far as the merits of the case are concerned, the prosecution had alleged that pursuant to a quarrel between the parties, that an assault had taken place with a stone and some relatively minor injuries had resulted. Undoubtedly, there was some doubt as to whether a fracture had occurred and therefore Section 326, IPC has been invoked. The case was referred to the Lok Adalat because the parties had virtually settled their grievances and since, the law does not permit compounding, very correctly, the trial Court has recorded a conviction and has imposed a sente...
Vishnudeo Tiwari Vs. U.P. Secondary Education Services Commission, All ...
Court: Allahabad
Decided on: Jul-12-1999
Reported in: 1999(4)AWC2828; (1999)2UPLBEC1558
D. K. Seth, J. 1. In this writ petition, the order dated 13th September. 1991, passed by the U. P. Secondary Education Services Commission being Annexure-50 to the writ petition granting approval to the order of dismissal of the petitioner from the post of Principal of Sri Krishna Inter College, Ashram Barhaj. Deoria is under challenge.2. Mr.. S. N. Shukla, learned counsel for the petitioner has taken a simple but Interesting point to the extent that the charge-sheet was issued by the Manager and not by the Enquiry Committee appointed under Regulation 35. Chapter III of the Regulation framed under U. P. Intermediate Education Act and as such, in view of the ratio decided in the decision in the case of Committee of Management, Shahganj Public Inter College, Shahganj and another v. U, P. Secondary Education Service Commission, Allahabad and another, (1995) 3 UPLBEC 1593, interpreting Regulations 35 and 36 of the said Regulation. Admittedly, the charge-sheet was issued by the Manager. The...
Shitla Prasad Singh Vs. Commissioner, Varanasi/Adhyaksh, Varanasi Vika ...
Court: Allahabad
Decided on: Jul-12-1999
Reported in: 1999(4)AWC2837; (1999)2UPLBEC1597
V. M. Sahai, J. 1. The petitioner was appointed as peon on 14.2.77 in Varanasi Development Authority. He was confirmed on 26.3.90 w.e.f. 1.6.79. The petitioner absented from duty from 5.11.90 to 30.11.90 on the ground that his daughter suffered fracture in her hand. The petitioner was suspended by order dated 14.2.91. Enquiry Officer was appointed and in departmental disciplinary proceedings, the enquiry officer was of the opinion that balance salary during suspension period be forfeited and warning be Issued to the petitioner. The report of the enquiry officer along with his recommendation was submitted to the punishing authority who issued show cause notice on 29.6.91. After considering the reply of the petitioner, the punishing authority dismissed the petitioner from service by order dated 23.8.91. The petitioner filed an appeal which has been dismissed by respondent No. 1. The petitioner has challenged the impugned order of dismissal as well as the appellate order by means of this ...
Raj Kumar Verma and Another Vs. District Inspector of Schools, Saharan ...
Court: Allahabad
Decided on: Jul-09-1999
Reported in: 1999(3)AWC2485; (1999)2UPLBEC1420
S.R. Singh, J.1. The appellants are aggrieved by the judgment dated 15.10.1997 whereby the learned Single Judge while allowing the writ petition made the following observation :'It is, however, made clear that the District Inspector of Schools. Saharanpur shall take a decision in the matter within a month from the date of production of a certified copy of this order as to whether the promotion of those persons on whose vacancies the petitioners had been appointed, have been confirmed. In case respondent No. 1 finds that their promotions had been confirmed, the short term vacancy ceases and ad hoc appointments can be made by the Deputy Director of Education in accordance with the rule referred to above. Respondent No. 1 will take appropriate action by intimating such vacancies to the Deputy Director of Education of the region concerned and he will take suitable action in the matter.As regards the past salary, if for the period the petitioners have worked that has not been paid, that sha...
Mahabeer and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jul-09-1999
Reported in: 1999(3)AWC2479
Binod Kumar Roy and Lakshmi Biharl, JJ.1. The petitioners have come up with a prayer to command the respondents not to interfere in their peaceful possession over theirPlot Nos. 941. 944, 945 and 950 situate in Village Mohsinpur, Pargana. Tahsil and District Kanpur Nagar and not to make anyplots besides to award compensation for spoiling and ruining their paddy crops standing over the aforementioned plots by relying upon an earlier order dated 13.3.1991 passed in the writ petition ofNagar Mahapalika. Kanpur Nagar and others. Civil Misc. Writ Petition No. 4867 of 1978.2. According to the petitioners, they are Bhumidhars of the aforementioned plots on which they had sown paddy crops, that the aforementioned plots were neithergive a handle to the respondents to interfere with their peaceful possession over the lands causing them wrongful loss, that on 6th September. 1993 respondent Nos. 3 and 4 forcibly entered the plots for making constructions for the purposes of high tension electric s...
State of U.P. and Others Vs. Smt. Shakuntala Shukla, S.i., Police
Court: Allahabad
Decided on: Jul-09-1999
Reported in: 1999(3)AWC2574; (1999)3UPLBEC1702
S. R. Singh, J.1. The controversy in Special Appeal No. 191 of 1998 State of U. P. and others v. Smt. Shakuntala Shukla as well as in special appeals and writ petitions connected thereto pertains to validity of selection of Sub-Inspectors of Police for promotion to the rank of Circle Inspector. The special appeal sterns from the Judgment and order dated 20.2.1998 whereby the learned single Judge allowed the Smt. 'Shakuntala Shukla v. State of U. P. and others, Civil Misc. Writ Petition No. 20716 of 1997 and quashed the impugned selection of Sub-Inspectors for promotion to the rank of Circle Inspectors and issued consequential directions to the authorities concerned to initiate fresh selection in the light of the observations embodied in the Judgment. Since the challenge in all the special appeals and writ petitions converged to the self same select-list 1996-97, all the petitions and special appeals were lumped together with the aforesaid Special Appeal No. 191 of 1998 for decision as ...
Gajendra Singh Vs. Joint Director of Education, Agra and Others
Court: Allahabad
Decided on: Jul-09-1999
Reported in: 1999(3)AWC2632; (1999)3UPLBEC1914
D.K. Seth, J.1. The petitioner claims to have been appointed on 14th September. 1995, in the post of Chowkidar in the Mahatma Gandhi Sniarak Inter College, Sonkh, district Mathura. According to him, instead of paying salary to him, one Kali Charan, respondent Ho. 6 has been purported to have been appointed and paid salary. There is a dispute with regard to the appointment of two persons. Mr. Ajay Bahnot. learned counsel for the petitioner, holding brief of Mr. Ashok Khare contends that only by a letter dated 25th September, 1995, the District Inspector of Schools, Mathura, had directed the Committee of Management to appoint Kali Charan under the Dying-in-Hamess Rules on account of death of Ramesh Chandra, Laboratory Assistant on 4th December, 1994, being father of Kali Charan. Therefore, there having been no vacancy and the vacancy having been filled up on 14th September, 1995. Kali Charan could not have been appointed pursuant to the letter dated 25th September, 1995. According to him...
Vinod Kumar and Another Vs. District Inspector of Schools, Muzaffarnag ...
Court: Allahabad
Decided on: Jul-09-1999
Reported in: 1999(3)AWC2627; (1999)2UPLBEC1603
D.K. Seth, J.1. One Shri Brahma Singh, a Class-IV employee of the school had died on 13th September, 1991. His son Sri Arvind Kumar having the requisite qualification was appointed as an Assistant Teacher under the Dying-in-Harness Rules in the same school. The vacancy of the Class IV staff which still remains vacant was sought to be filled up by the school, to which the District inspector of Schools had granted permission vide his letter dated 16th November, 1995. Whereupon process for selection was initiated by advertising the vacancy and also seeking names from the Employment Exchange. Thereafter, selection wasmade out of candidates applying for such appointment and the petitioner was selected and given appointment. The papers were forwarded to the District Inspector of Schools on 5th December. 1995. No approval having come within the prescribed period. Appointment letter was issued to the petitioner on 15th January, 1996. The District Inspector of Schools having not granted the fin...
Krishna Nand Vishwakarma Vs. Addl. District Judge Iii, Balia and Other ...
Court: Allahabad
Decided on: Jul-09-1999
Reported in: 1999(3)AWC2675
A.K. Yog, J.1. J. S. C. C. Suit No.3 of 1981 was filed by Narsingh DasAgrawal (Plaintiff-Respondent No. 3)against Krishna Nand Vishwakarma(Defendant-Petitioner) claiming, interalia, amongst others, that saidplaintiff was owner and landlord of aresidential accommodation,(described in the plaint- of said suitfiled as Annexure-1 to the counter-affidavit) wherein defendant-petitionerwas tenant at the rate of Rs. 12 permonth. The defendant havingcommitted default in payment of rentfor more than four months, noticeunder Section 106, Transfer ofProperty Act (for short called TPA)was sent, which was, admittedly,received by the defendant-petitioneron November 3, 1980. Copies of the notice under Section 106. TPA sent by plaintiff respondent No. 3 and the reply given by the defendant-petitioner against the same have been annexed as Annexures-RA 1 and RA 2 to the rejoinder-affidavit. Annexure-RA 2 is dated December 17, 1980, which is doubtful in view of the averments contained in paragraph 7 of th...
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