Allahabad Court August 1999 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Jankidas Vs. District Judge, Jhansi and Another
Court: Allahabad
Decided on: Aug-19-1999
Reported in: 1999(4)AWC3359
D.K. Seth, J.1. The defendant respondent in Misc. Civil Appeal No. 61 of 1999 had assailed the order dated 26.7.1999 passed in the said appeal by means of this writ petition.2. By an order dated 26.7.1999 the appeal was admitted fixing 28.9.1999 for argument. While admitting the appeal an order of status quo was issued till the next date.3. Shri Sudama Ji Shandilya, learned counsel for the petitioner contends that the order of admission and order of status quo was passed without hearing the defendant-petitioner without giving any opportunity of hearing. Therefore, the said order cannot be sustained. He also contends that while admitting the appeal, the learned appellate court did not consider the evidence and the materials on record. Therefore, the said order is liable to be set aside. These are the two grounds on which the said order was challenged.4. I have heard learned counsel for the petitioner at length.5. Order XLI. Rule 11 of the Code of Civil Procedure is as follows :'11. Powe...
Atul Kumar Srivastava Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Aug-19-1999
Reported in: AIR2000All116
ORDERD.K. Seth, J.1. The petitioner had participated in the Combined Pre Medical Test (CPMT) examination held by the University of Roorkee for the year 1999. By means of this writ petition, he had challenged the validity of the said test conducted by the University of Roorkee on the (ground that it has been held in violation of the direction contained in the decision in the case of Tulika Ram v. State of U.P. in Wri Petition No. 418 (M/B) of 1998 decided on 15th Dec. 1998 (Reported in 1999 (2) All LJ 1045). According to him, the first paragraph of the direction provides that the Chancellor shall nominate the University which shall conduct the combine premedical test. For the purpose, the Chancellor shall constitute a Committee which shall consist of six members as mentioned therein and that no University shall be assigned that task for more than a year consecutively for which reason disclosed therein.2. Mr. Mahendra Pratap, learned counsel for the petitioner contends that in this case ...
Committee of Management, Midil School Samittee Madiyapur, Azamgarh and ...
Court: Allahabad
Decided on: Aug-19-1999
Reported in: 1999(4)AWC3515; (1999)3UPLBEC1922
A.K. Yog, J.1. Grant-in-aid is not as of right and it is much less under law. Petitioner, who alleges to be Committee of Management of an educational institution, can at beat ask for being considered for receiving grant-in-aid provided it has applied for the same and satisfies that the condition contained in relevant Government Orders issued from time to time are satisfied by It.2. Even otherwise, this Court, exercising extraordinary jurisdiction under Article 226, Constitution of India, cannot direct the respondents to extend grant-tn-atd to the petitioner. This Court can, at best,direct concerned authorities to consider the case of the petitioner.3. Representation of the petitioner dated 18th June, 1999 (Annexure-6 to the writ petition) is said to be still pending. If so, the concerned authorities shall consider the same and take decision thereon within three months. Question whether institution is entitled to or not for the grant-in-aid may be decided by giving reasons on merits by ...
Raja Ram and anr. Vs. State of U.P.
Court: Allahabad
Decided on: Aug-19-1999
Reported in: 2000CriLJ926
M.C. Jain, J. 1. The two appellants Raja Ram and Ram Jas have preferred this appeal against the judgment and order dated 12-2-1982 passed by Sri D.S. Ram, the then IIIrd Additional Sessions Judge, Ghazipur in Sessions Trial No. 352 of 1980 whereby each of them has been convicted under Section 302, I.P.C. read with Section 34, I.P.C. and sentenced to life imprisonment.2. One Parvez Khan son of Shahzada Khan, aged about 19 years was murdered in this incident which took place on 27th Nov. 1978 at about 6.45 p.m. at the house of the compLalnant Abdul Hasan, P.S. Gahmar, District Ghazipur. The deceased was the son of the elder brother of the compLalnant and had come to the village from Calcutta about 2 or 21/2 months before the incident, as he was to go to Aligarh for further education. Due to riots in Aligarh he was staying in the village. He was about to leave for Aligarh next day of the incident. The F.I.R. was lodged by Abul Hasan, PW 1 at the concerned Police Station on 27-11-1978 at 8...
Krishna Rice and Dal Mills and Another Vs. Union of India and Others
Court: Allahabad
Decided on: Aug-18-1999
Reported in: 1999(4)AWC2934
Binod Kumar Roy and Lakshmi Bihari, JJ.1. The moot question urged by Sri Parekh is as to whether when an agricultural produce is sold by the trader to the State Government, the market fee payable to the market committee constituted under the Krishi Utpadan Mandi Adhiniyam, 1964 has to be paid by the seller-petitioner or the purchaser State Respondent No. 2.2. Shri C. K. Parekh, learned counsel appearing in support of this writ petition with reference to a Division Bench decision of our own High Court in Shri Vijay Rice Mills Rudrapur v. State of U. P., 1998 (33) ALR 684, contended that this writ petition be disposed of in the same manner as it was done in Vijay Rice Mills (supra).3. Shri B. D. Madhyan. learned counsel appearing on behalf of Respondent No. 6. on the other hand, contended that the question raised by the petitioner now stands authoritatively concluded by two Division Bench judgments rendered by three Judges of the Supreme Court (i) Krishi Utpadan Mandi Samiti, Hardwar v. ...
Km. Sweta Agarwal Vs. Addl. Secretary, Board of High School and Interm ...
Court: Allahabad
Decided on: Aug-18-1999
Reported in: 1999(4)AWC3010; (1999)3UPLBEC1884
A.K. Yog, J.1. It is yet another case where petitioner is seeking relief for expediting matter -of scrutiny pending with the respondents.2. This Court takes Judicial notice of the fact that large number of students have submitted theirapplication forms praying for scrutiny as contemplated under relevant regulations framed by the Board of High School and Intermediate Education. Uttar Pradesh, Allahabad (for short called 'Board'). Instead of applying its mind to Individual cases, this Court feels that matters pertaining to scrutiny should be decided at the earliest possible and Board should not, by delay at its end. compel students and guardians to run to High Court.3. It is to be appreciated that parties who failed to approach the Court cannot be Ignored. So all the parties, whether they have knocked the doors of the Court or not. to be granted relief. It cannot be said that benefit be given to only those who are before Court. Similarly circumstanced persons and who have not approached ...
Ajay Pal Singh Vs. High Court of Judicature at Allahabad and Others
Court: Allahabad
Decided on: Aug-18-1999
Reported in: 1999(4)AWC2996
M. Katju and Krishna Kumar, JJ. 1. This writ petition has been filed for quashing the part of the annual remark against the petitioner for the year 1995-96 as communicated by the High Court through his letter dated 27.3.97. Annexure-8 to the writ petition and for quashing the order dated 21.5.96, Annexure-5 to the writ petition.2. The petitioner was selected in P.C.S (Judicial) Examination, 1972 and at the relevant time, he was functioning as the Additional District Judge. Saharanpur. It appears that in1995 two Misc. Appeals filed by one Navin Kumar Jain and others were pending in the Court of the petitioner. These appeals were withdrawn from the petitioner's Court by the respondent No. 3 who was at that time Incharge District Judge, Saharanpur. It appears that in connection with one of these appeals being Misc. Appeal No. 77 of 1992. the petitioner wrote a letter to the Incharge District Judge, Saharanpur. dated 1.1.95. Annexure-3 to the petition. In this letter, he described Navin Ku...
Committee of Management, Khair Industrial Higher Secondary School, Bas ...
Court: Allahabad
Decided on: Aug-18-1999
Reported in: 1999(4)AWC3350
A.K. Yog, J.1. There is a recognised minority Inter College by the name of 'Khair Industrial Higher Secondary School, Basti, (for short called the institution). One Syed Alauddin claiming to be President/ Secretary of the said institution filed present petition in the name of Committee of Management of the institution and also in his personal capacity and sought to challenge order dated 26.2.1999 passed by District Inspector of Schools, respondent No. 1, (Annexure-6 to the writ petition).2. The said impugned order is said to have been passed on the basis of opinion obtained from standing counsel ; true copy of the said opinion dated 12.2.1999 has been annexed as Annexure'-7 to the petition. It is sad to note that standing counsel appointed by the State Government at the High Court gave opinion against record. The standing counsel ought to have desisted from giving such opinion, which was apparently aimed to help a litigant out of way. The District Inspector of Schools should have also ...
Committee of Management, Shahid Inter College, Madhuban, Mau and Anoth ...
Court: Allahabad
Decided on: Aug-18-1999
Reported in: 1999(4)AWC3392
D.K. Seth, J.1. Challenging the election of the Committee of Management held in 1997, the opposite party No. 6 had filed Original Suit No. 62 of 1998. In connection therewith, an application for injunction was filed. The said application for injunction was rejected by an order dated 23.12.1998, Against the said order, the opposite party had preferred an appeal being Misc. Appeal No. 5 of 1999. The said appeal was allowed by order dated 29.5.1999 passed by the learned Additional District Judge, 1st Court. Mau. It is this order which has since been challenged in this writ petition.2. Dr. R. G, Padia. learned counsel for the petitioner contends that the grant of injunction had virtually decreed the suit itself. Therefore, such an Interim injunction cannot be granted. He further contended that the application for Injunction was not supported by any affidavit, whereas Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure require such an application to be supported by affidavit. He had a...
Mahabeer Prasad, Chukidar, Sardar Ballabh Bhai Junior High School Vs. ...
Court: Allahabad
Decided on: Aug-18-1999
Reported in: (1999)3UPLBEC1881
S. Harkauli, J.1. Heard learned Counsel for the petitioner and learned Counsel appearing for respondent No. 1. also.2. By the impugned order dated 17-6-1999, the respondent No. 1 has refused the give approval to the promotion of the petitioner from class IV post to class III post. In clause No. 4 of the order dated 17-6-1999, the respondent No. 1 has observed that the petitioner does not possess a minimum educational qualification of Intermediate, which is prescribed qualification for class III post. As against this, the petitioner has filed Annexure-15, copy of the clarification of the Directorate of Education regarding Chapter III, Regulation 2, in which it has been stated that minimum qualification for promotion for class IV post to Class III post, is High School. Because of this the second part of the order of respondent No. 1 which states that the petitioner does not have the required typing speed in Hindi of 30 words per minute, also becomes doubtful as the order does not state t...
- ‹ Prev
- 2
- 3
- 4
- 5
- 6
- 8
- 9
- 10
- 11
- 12
- Next ›
- Last »