Allahabad Court August 1999 Judgments
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Ram Babu Gupta Vs. U.P. State Road Transport Corporation and Others
Court: Allahabad
Decided on: Aug-30-1999
Reported in: 1999(4)AWC3272; (1999)3UPLBEC2175
V.M. Sahai, J.1. The petitioner was a conductor in U. P. Road Transport Corporation. He was appointed in 1973. On 18.3.86 while the petitioner was conducting Bus No. UHI 106. the checking squad found that ten persons were travelling in it without ticket. A charge-sheet was issued to the petitioner on 23.4.86. It was alleged that the action of the petitioner caused loss to the corporation. It was also mentioned that the petitioner committed breach of the departmental rules in not recording the entry in waybill and permitting the passengers to sit in the bus without completing the formalities. In reply, the explanation of the petitioner was that ten students entered the bus and they refused to purchase tickets. When he made the tickets, they refused to pay. According to petitioner, this was regular problem on Alwar-Agra route. And when the superintendent of the checking staff made the penal tickets in the name of one of the students.they refused to pay. Consequently, the amount was charg...
Harendra Pratap Singh and Another Vs. Iind Additional District Judge, ...
Court: Allahabad
Decided on: Aug-30-1999
Reported in: 1999(4)AWC3114
D. K. Seth, J. 1. The opposite party Nos. 2. 3 and 4 filed O.S. No. 842 of 1999 before the learned Additional Civil Judge. IIIrd Court. Allahabad for the following reliefs :(a) That by decree of mandatory injunction the defendants be directed not to transfer the plaintiffs from City Allahabad to any other city. (b) That the cost of the suit be awarded to the plaintiffs. (c) That any other and further reliefs be also awarded to the plaintiffs against the defendant which the Court deems fit and proper In the interest of justice. 2. In connection with the said suit, the opposite parry Nos. 2. 3 and 4 had filed an application for injunction. By an order dated 28th July, 1999 notices were directed to be issued on the petitioner, while the learned trial court was not satisfiedthat ad interim order could be issued before issuing the notice under Rule 3 of Order XXXIX. This order was challenged by the Opposite Party Nos. 2, 3 and 4 in Civil Revision No. 940 of 1999. The learned Additional Dist...
Ram Kumar Agarwal and Another Vs. District Judge, Mainpuri and Others
Court: Allahabad
Decided on: Aug-30-1999
Reported in: 1999(4)AWC3394
D. K. Seth, J.1. The opposite party No. 3 filed a suit for declaration that he is the owner of the disputed bus and for Injunction restraining the defendant-petitioner from interfering with the possession of the plaintiff in respect of the bus and the permit. The said suit was registered as Suit No. 1 of 1999 in the Court of Civil Judge, Senior Division, Mainpurt. In the said suit, an application was filed by the defendant-petitioner raising an objection as to the maintainability of the suit on account of its bar under Section 94 of the Motor Vehicles Act, 1988 by means of application No. 27C. Admittedly no written statement was filed by the dependent-petitioner. The said application 27C was disposed of by the learned Civil Judge, Senior Division. Mainpuri, by an order dated 27th April, 1999 holding that the suit is barred under Section 94 of the Motor Vehicles Act and is outside the jurisdiction of the civil court and, therefore, the plaint be returned. Against this order Misc. Civil ...
Committee of Management, B.D. Bajoria Inter College, Saharanpur and Ot ...
Court: Allahabad
Decided on: Aug-27-1999
Reported in: 2000(1)AWC518; (2000)1UPLBEC46
M. Katju, J.1. This writ petition has been filed against the Impugned order dated 11.2.99. 20.2.99 and 5.4.99 (Annexures-8, 8A and 14 to the writ petition) and for a mandamus restraining the respondents from appointing the respondent No. 5 as the Principal of B. D. Bajoria Inter College, Saharanpur.2. I have heard learned counsel for the parties. The petitioner No. 1 is the Committee of Management of the institution in question and the petitioner Nos. 2 and 3 are permanent lecturers therein. The petitioner No. 2 was appointed as lecturer in English in the year 1965 while the petitioner No. 3 was appointed as lecturer in Chemistry in the 1966.3. It is alleged in paragraph 4 of the petition that the work and conduct of the petitioner Nos. 2 and 3 has been satisfactory and there is no complaint or adverse entry against them. The petitioner No. 2 has done M.A. in English and M.A. in Political Science and has done B.Ed, and got 34 years of teaching experience. The petitioner No. 3 has done ...
Harendra Kumar Singh Vs. State of U.P. and Others
Court: Allahabad
Decided on: Aug-27-1999
Reported in: 2000(2)AWC1325
Dev Kant Trivedi, J.1. The present petition under Article 226 of the Constitution is directed against an order dated 7th December, 1992. whereby the services of the petitioner Harendra Kumar Singh were terminated.2. The petitioner was employed as Constable of Pradeshlk Armed Constabulary, hereinafter referred to as 'P.A.C.' and was posted in 10th Battalion, P.A.C., Jahangirabad.Barabankt. The petitioner was recruited as Constable on 1st April, 1984. The opposite parry No. 3 Sri S. N. Chak, the then Commandant of 10th Battalion of P.A.C. lodged a report against the petitioner on 4th October. 1992 at Police Station Kotwali Fatehgarh, district Farrukhabad under Sections 323/504/506, I.P.C. and Section 6 P.A.C. Act alleging an altercation between the petitioner and Sohan Lal, Head Constable which had allegedly taken place on 2nd August. 1992. The petitioner was awarded a punishment of 24 days drill and after undergoing the said punishment he was sent for duty to District Bahralch at Nanpar...
Usha Sales Limited and Another Vs. Labour Court U.P. and Others
Court: Allahabad
Decided on: Aug-27-1999
Reported in: 1999(4)AWC3191; (1999)3UPLBEC2242
Yatindra Singh, J.1. Sri Krishna Gopal and Sri Lala Ram (the contesting respondents) were workmen with the petitioner. Their services were terminated on 13.12.1971. The union on their behalf raised an industrial dispute, which was referred by the State Government to the Labour Court on 29.6.1974. It was registered, as adjudication Case No. 235 of 1974. Subsequently, the matter was settled on 4.4.1997 between the petitioner and the union Sponsoring the dispute of the contesting respondents. The petitioner's representative and the Secretary of the Union signed this settlement. The Labour Court accepted the settlement and decided the dispute in its terms on 9.4.1977. The award was also published on 24.4.1977.2. The contesting respondent again raised this dispute before the conciliation officer. This was referred by the State Government to the Labour Court by the G. O. dated 18.2.1980 on 18.2.1980. Earlier both the contesting respondents were covered by one referring order dated 29.6.1974....
Kumaun Jal Sansthan Vs. Prescribed Authority and anr.
Court: Allahabad
Decided on: Aug-27-1999
Reported in: AIR2000All30
ORDERM.C. Agarwal, J.1. These writ petitions have been preferred by the Kumaun Jal Sansthan, a statutory authority constituted under the U.P. Water Supply and Sewerage Act, 1975 and are directed against identical orders passed by the Civil Judge (Senior Division), Nainital whereby he allowed as the appeals filed by the respondents under Section 54 of the said Act. All the orders are dated 13th of July, 1998 and have been passed in appeal Nos. 2 of 1997, 4 of 1997, 5 of 1997, 6 of 1997, 7 of 1997, 3 of 1997 and 1 of 1997, respectively. Affidavits have been exchanged.2. I have heard Sri R. M. Saggi, learned counsel for the petitioner and Sri Siddharth, learned counsel for contesting respondent No. 2.3. The respondents are residents of town Jaspur in the district of Udham Singh Nagar within the territorial area of Kumaun Jal Sansthan, Nainital and are owners/occupiers of various properties. Somewhere in the June-July, 1997, suddenly the Jal Sansthan initiated proceedings for the recovery ...
State of U.P. and ors. Vs. Pawan Kumar Tewari and ors.
Court: Allahabad
Decided on: Aug-27-1999
Reported in: (1999)3UPLBEC1964
S.H.A. Raza and R.P. Nigam, JJ.1. Delay in filing the special appeal is condoned.2. We have heard the argument of learned Additional Chief Standing Counsel.3. One would have thought that after the decision of Hon'ble Supreme Court, in Dhirendra Chamoli and Anr. v. State of U.P., (1986) 1 UPLBEC 254, the State would adhere to the principle of equal pay for equal work, but it is a sad commentary on the part of the State of U.P. that it has not been following the mandate of the Constitution and the pronouncement of the Apex Court. In Dhirendra Chamoli (supra), Hon'ble Supreme Court observed :'It must be remembered that in this country where there is so much employment, the choice for the majority of people is to starve or to take employment on whatever exploitative terms are offered by the employer. The fact that these employees accepted employment with full knowledge that they will be paid only daily wages and they will not get the same salary and conditions of service as other Class IV ...
Jagannath Prasad Vs. the State of U.P.
Court: Allahabad
Decided on: Aug-27-1999
Reported in: 2000CriLJ923
K.D. Shahi, J. 1. The appeal has been filed by Jagannath Prasad against the judgment and order dated 23-10-1980 passed by Sri S.N. Singh, the then Additional Sessions Judge, Lalitpur in Sessions Trial No. 34 of 1978, by which the appellant has been convicted under Section 307, I.P.C. and sentenced to undergo R.I. for four years.2. The brief facts of the case giving rise to this appeal are that Sri B.S. Bhagal, Deputy Chief Controller, railway station Jhansi lodged a report at 17.00 p.m. on 15-1-1978 with the allegations that on the said date at 13.10 p.m. one goods train came of Jhansi railway station, it stopped at Jhansi. Two constables got down from the said goods train and they started to quarrel with G.R. Agrawal, guard of the said goods train. On this quarrel the constables fired over the Guard and driver of the train but fire did not hit them but instead it hit Ratan Lal, Ram Bharose and one girl, namely, Reshu daughter of Babu Lal. Out of the two constables one constable was sa...
Hulas Vs. State of U.P.
Court: Allahabad
Decided on: Aug-27-1999
Reported in: 2000CriLJ874
M.C. Jain, J. 1. Appellant Hulas was convicted under Section 302, I.P.C. and sentenced to life imprisonment by the judgment and order dated 8-4-1983 passed by Sri S.C. Jain, the then Sessions Judge Mirzapur in S.T. No. 83 of 1982.2. The prosecution case was that the appellant Hulas was living in village Tola Tumia and had been married to Smt. Jhauli daughter of Jagdhari of the same village. Subsequently he developed illicit connection with one Smt. Gulpatia daughter of Nanhu Gond of village Charappatli and kept her also as his wife together with the deceased Jhauli. He was allegedly more attached to his second wife Gulpatia. Smt. Jhauli, his first wife was maltreated by him. On this account there used to be frequent quarrels between the two. Since morning on the day of incident (28-12-1981) they were quarrelling. Moti was the neighbour of the accused-appellant and he sent his mother Kaushilya to call Jhauli's father Jagdhari to pacify them. Accordingly, at about 2 P.M. Jagdhari proceed...
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