Allahabad Court August 1999 Judgments
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Committee of Management Misri Lal Inter College, Mawanyan, Mirzapur Vs ...
Court: Allahabad
Decided on: Aug-24-1999
Reported in: 1999(4)AWC3527
A.K. Yog, J.Order on Writ PetitionAdmit. Issue notice.Order of Stay Application1. Through this petition. Committee of Management said to be represented by one Raj Dhar Dubey, petitioner alleges that there is an Institution called Misri Lal Inter College, Mawanyan, Mirzapur, which is being governed by the provisions of U. P. Intermediate Education Act, regulation framed thereunder, (for short called the Act) and duly approved Scheme of Administration. Copy of Scheme of Administration has been filed as Annexure No. 1 to the petition.2. Petitioner alleges that an election for constituting Committee of Management of the Institution took place on 25.8.1996 but respondent No. 3, (one Ram Singh) raised dispute and matter was referred to the Deputy Director of Education as contemplated under Section 16A (7) of the Act. It is further stated that some dates were fixed by the said authority but matter was not decided.3. Ultimately petitioner filed a representation before concerned authority to de...
Commissioner of Trade Tax Vs. Singh Trading Co.
Court: Allahabad
Decided on: Aug-24-1999
Reported in: [2000]119STC475(All)
M.C. Agarwal, J.1. These two revision petitions by the Commissioner of Trade Tax are directed against an order dated November 11, 1994 passed by the Trade Tax Tribunal, Moradabad, whereby it allowed the dealer's appeals in respect of its assessment under the Central Sales Tax Act, 1956 and U.P. Trade Tax Act, 1948 for assessment year 1993-94.2. I have heard Sri Surya Prakash, learned Standing Counsel for the Commissioner and Sri Piyush Agrawal, learned counsel for the respondent.3. The dealer-respondent is a merchant of gur. The question is whether the purchases of gur were made by it on its own behalf or they were made as commission agent acting for ex-U.P. principals. The assessing officer held that the purchases were in the dealer's own account and the despatch of those goods subsequently to ex-U.P. businessmen were by way of inter-State sales. This finding was upheld by the first appellate authority. The dealer appealed to the Tribunal which has reversed the finding and held that t...
Committee of Management, Lal Bhadur Shastri Post Graduate College, Mug ...
Court: Allahabad
Decided on: Aug-23-1999
Reported in: 1999(4)AWC2968
A. K. Yog, J.1. Committee ofManagement, Lal Bahadur Shastri Post Graduate College, Mughal Sarai, district Chandauli through its manager Sheo Shanker Tewari filed Civil Misc. Writ Petition No. 8444 of 1998 with the prayer to issue a writ of certiorari to quash order dated 26th February, 1998 (Annexure-10 to the writ petition) passed by State Government (Respondent No. 1) in exercise of its powers under Section 58, U. P. State Universities Act, 1973 (for short called Act). Petitioners also claimed writ of mandamus to restrain respondent Nos. 2. 3 and 4 not to interfere with the working of the Committee of Management. Interim order was passed.2. At the bar, it is stated that the matter was finally heard but final judgment could not be delivered. Petitioners themselves subsequently filed an application to dismiss as infructuous said Writ petition No. 8444 of 1998. The said application was allowed and Writ Petition was dismissed as infructuous vide Judgment and order dated 17th May, 1999.3....
Shiv Poojan Rai Vs. Kamla Rai and Others
Court: Allahabad
Decided on: Aug-23-1999
Reported in: 1999(4)AWC2970
D.K. Seth, J. 1. Leave granted to convert the petition into one under Article 227 of the Constitution of India.2. By an order dated 29th July. 1999 passed by the learned Civil Judge (Junior Division), Azamgarh In Original Suit No. 211 of 1998. an order of injunction was passed in favour of the defendant on the basis of an application under Section 151 of the Code of Civil Procedure to the extent that the plaintiff is directed to remove the earth clogging the drain at the south of the wall. This order was challenged by the plaintiff in Civil Revision No. 158 of 1999 since been allowed, reversing the order dated 29th July, 1999 by an order dated 9th August, 1999 passed by the learned District Judge, Azamgarh. These orders have since been challenged in this petition.3. Mr. Murlidhar, learned counsel for the petitioner contends that the order that has been passed cannot be treated to be a mandatory injunction. It was only maintenance of the existing drain as was found in the Second Commiss...
Committee of Management of Public Higher Secondary School and Another ...
Court: Allahabad
Decided on: Aug-23-1999
Reported in: 1999(4)AWC2999; (2000)1UPLBEC326
A.K. Yog, J.1. Petitioner No. 1 claiming to be Committee of Management Public Higher Secondary School. Anthari Nidhuri. District Sant Kabir Nagar, has filed this petition under Article 226. Constitution of India and seeks to challenge the orders dated 27th March, 1999 and 8th June, 1999 (Annexures-6 and 7 to the writ petition respectively).2. By means of the order dated 27th March, 1999 District Inspector of Schools purports to have refused to recognise the petitioner's Committee of Management and. on the other hand, held that Committee of Management allegedly constituted on 25th September, 1996 represented by Maqbool Ahmad was valid and recognised. The District Inspector of Schools thereafter vide impugned order dated 8th June. 1999 (Annexure-7 to the writ petition) recognised alleged Committee of Management represented by Chaudhary Javed Ahmad Khan on the basis of alleged elections held on 23rd June, 1999. The District Inspector of Schools further attested signature and sent the same...
Committee of Management, Shringi Rishi Inter College, Ghatwa Karchhana ...
Court: Allahabad
Decided on: Aug-23-1999
Reported in: 1999(4)AWC2966; (1999)3UPLBEC1990
A. K. Yog, J.1. Yet another petition by one claiming to be Committee of Management of a recognised institution under U. P. Intermediate Education Act, in the State of U. P. asserting that Joint Director of Education (Respondent No. 1) has not decided the representation, copy of which has been filed as Annexure-4 to the writ petition.2. Sri Ram Narain Singh (newly impleaded Respondent No. 3) is represented by Sri Ashok Bhusan and he contends that even it is not certain whether such an alleged representation had been actually filed in the office. Respondent No. 3, however, claims that election was held on 16.5.1999. Sri Ashok Bhusan. Advocate, submits that the elections held on 16.5.1999 are not the subject-matter of the controversy raised in the writ petition. Petitioner, however, contends otherwise.3. This Court, by no stretch of imagination, intends to adjudicate any of the issues or the points of controversy amongst the contesting parties since it involves serious question of fact an...
Hiyat Khan Vs. Union of India and Others
Court: Allahabad
Decided on: Aug-23-1999
Reported in: 1999(4)AWC2972
V.M. Sahai, J.1. Heard Sri Hiyat Khan, the petitioner in person and Sri Dinesh Kakkar, learned counsel appearing for respondent No. 2. The petitioner states that he does not press his claim against respondent Nos. 3 and 4 and respondent No. 1 is a formal party. In view of this statement, this writ petition is taken up for final disposal.2. The petitioner was a trained Machinist and he joined two year's training with respondent No. 2. He completed one year's training and thereafter, his training was terminated by the respondents. The petitioner filed Writ Petition No. 39148 of 1987 wherein this Court set aside the termination order dated 19.9.1997 and permitted the respondents to pass a fresh order after affording opportunity of hearing to the petitioner. The petitioner has completed one year's training and if he is permitted by respondents, then he shall undergo one year's further training excluding the period from 19.5.1997 till the date of passing of fresh order. The judgment of this...
Km. Sumitra Solanki Vs. Secretary, Madhyamik Shiksha Parishad, Allahab ...
Court: Allahabad
Decided on: Aug-23-1999
Reported in: 1999(4)AWC3102; (1999)3UPLBEC2143
A.K. Yog, J.1. Secretary. Madhyamilk Shiksha Parlshad. U. P., Allahabad has filed affidavit in compliance to the order of this Court dated 18th August, 1999. The said affidavit sworn by Kumari Achala Khanna, Secretary, Madhyamik Shiksha Parishad. U. P., Allahabad (for short called 'Board') gives a picture of the Himalayan task which the Secretary has to perform, apart from holding regular examination, in finalizing scrutiny applications.2. This Court has no doubt that the work of finalizing scrutiny applications is as important as the holding of examination itself. After all the system of scrutiny inheres in itself the object of rectifying the mistakes committed by the examiners, who are being appointed by the Board and this mistake of the Board, in fact, is sought to be rectified by filing the scrutiny applications.3. Similar matters have already been decided by passing detailed judgment and order in Civil Misc. Writ Petition No. 34514 of 1999, Km. Sweta Agarwal v. Additional Secretar...
Ram Janam Yadav Vs. Additional District Judge, (Vith), Azamgarh and Ot ...
Court: Allahabad
Decided on: Aug-23-1999
Reported in: 1999(4)AWC3264
D.K. Seth, J.1. The opposite party No. 3 filed Erection Petition No. 35 of 1995 before the District Judge,Azamgarh. The petitioner who was an elected Pradhan had filed an objection under Order VII. Rule 11 and prayed that the suit be dismissed on the ground that it had not disclosed any cause of action. Accordingly, a preliminary issue was framed. By an order dated 29th August, 1996, the preliminary issue was directed to be heard on 31st August, 1996. Subsequently, the matter was adjourned from time to time and ultimately the preliminary Issue was taken up on 23rd April, 1997. On the said date after hearing the same, the learned Judge came to the conclusion that for the purpose of deciding the issue, evidence is necessary and, therefore. It is desirable that the preliminary issue should be decided along with other Issues at the time of the disposal of the suit. This order has since been challenged by the learned counsel for the petitioner Mr. Faujdar Rai. He contends that it is only on...
Gopal Swarup Chaturvedi Vs. U.P. State Electricity Board, Lucknow and ...
Court: Allahabad
Decided on: Aug-23-1999
Reported in: 1999(4)AWC3349
ORDERBinod Kumar Roy and Lakshmi Bihari, JJ.1. Whether the Electrical authorities can issue a notice for recovery of an electrical bill to a person who was already dead and whose electric connection was already disconnected much earlier than his death and a new connection was supplied in the name of his son and wife? and whether this Court will be justified to drag the petitioner, son of the deceased notices, to take recourse to representation, whose earlier representation already filed ventilating his grievances, was not being disposed of despite repeated pressing by him? are the two questions which require our adjudication in this writ petition.2. Firstly the prayers : The first prayer is to quash the notice dated 18.9.1991 bearing Letter No. 325.3 sent by respondent No. 2 the Executive Engineer, U. P. S. E. B./Competent Authority, Allahabad (A. E. S. U.) to his father Sri P. C. Chaturvedi intimating that he is required to deposit electricity dues of a sum of Rs. 6.675.79 paise in re...
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