Allahabad Court January 2000 Judgments
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Hari Shanker Vs. Jag Deyee
Court: Allahabad
Decided on: Jan-25-2000
Reported in: 2000(2)AWC993
D. K. Seth, J. 1. In a suit claiming right over a property by the plaintiff on the basis of the Will, the defendant had claimed that he happens to be the owner of the property. Accordingly, an issue was framed being issue No. 4 as to whether the defendant was the successor of one Baldeo and was the owner of the property. The learned trial court had found that the Will produced by the plaintiff was forged one and the plaintiff and his witness Mool Chandra were guilty of giving false evidence producing forged documents for which a cost of Rs. 2,000 was imposed on the plaintiff along withthe direction for initiation of the proceedings under Section 195. read with Section 340 of the Code of Criminal Procedure ; while Mool Chandra was directed to be proceeded against under Section 420/467/468/471. I.P.C.. while a cost of Rs. 1,000 was also imposed on the defendant on account of giving false evidence.2. The defendant preferred an appeal challenging the said imposition of cost as well as the ...
Km. Suman Upadhyaya and Another Vs. Vice-chancellor, Bir Bahadur Singh ...
Court: Allahabad
Decided on: Jan-25-2000
Reported in: 2000(2)AWC1216; (2000)2UPLBEC1142
Yatindra Singh, J.1. The only question involved in these writ petitions is whether the degree of Bachelor of Education (B.Ed.) is necessary for admission in M.Ed, classes in Bir Bahadur Singh Purvanchal University, Jaunpur (the Purvanchal University) or recognised diploma of Bachelor in Teaching (8.T.) or Licentiate in Teaching (L.T.) is sufficient.FACTS 2. The petitioners in the aforementioned four writ petitions are graduates but education was not their subject. They have diploma of L.T. but not degree of B.Ed. They applied for admission in the Purvanchal University but were not successful ; they were not considered on the ground that they did not possess a B.Ed, degree They have filed these writ petitions challenging their rejection on the ground that :* they were more meritorious than the selected candidates were. * they were illegally not considered on the ground that they do not have B.Ed, degree. * they have minimum qualifications, as they possess recognised diploma of L.T. SUBM...
Shobha Ram and anr. Vs. the State
Court: Allahabad
Decided on: Jan-25-2000
Reported in: 2000(1)ALT(Cri)22; 2000CriLJ3062
S.K. Agarwal, J.1. This criminal appeal has arisen out of an order of conviction dated 16-12-1980 passed by Sri M. G. Godbole, Sessions Judge, Jaluan at Orai, in S.T. No. 65 of 1980 under Section 302 and 302/34, I.P.C. Both the appellants were sentenced to imprisonment for life. Shobha Ram was sentenced simplicitor.2. The brief facts of the case are that on 8-4-1980, in the evening, the informant, Balaram, was sitting with his father, Ram Kishan including Devi Dayal alias Devi Din, Bhagwan Din sons of Bhoora and another distantly related grand-father Tularam on the Chabutara of his house. They were busy in deliberations. Nearby, on the ground, Bhoora son of Din Dayal Chamar, and Ram Charan son of Ghashita Chamar were also sitting. At about 6.00 p.m. Shobha Ram armed with a licensed gun and his brother Dharam Dass with a double barrel gun came from the side of the temple. They stood near the boundary wall. Dharam Dass exhorted that 'the enemy is sitting. Kill him. He may not escape.' Im...
Brahm Deo Prasad Kushwaha and Others Vs. Life Insurance Corporation of ...
Court: Allahabad
Decided on: Jan-24-2000
Reported in: 2000(1)AWC698; (2000)1UPLBEC673
M. Katju, J.1. This writ petition has been filed against the decision of the Life Insurance Corporation cancelling the selection for the post of Apprentice Development Officer as communicated by the order dated 26.7.1999 Annexure-6 to the writ petition.2. The present writ relates to the Gorakhpur Division of the Life Insurance Corporation. We have already in Writ Petition No. 31903 of 1999. Pramod Kumar Rai v. Life Insurance Corporation of India., dismissed a similar writ petition relating to Varanasi Division.3. Sri Ashok Khare, learned counsel for the petitioner submitted that the present petition is distinguishable from Writ Petition No. 31903 of 1999 inasmuch as the selection for Gorakhpur has been cancelled only on the ground that one Brijesh Singh who was a candidate in the selection and who is the son of Sri S. S. Singh. Senior Branch Manager of L.I.C. entered into the flat of Sr. J. N. Kanaujia, a member of the interview committee and threatened him with dire consequences at gu...
Pramod Kumar Raj and Others Vs. L.i.C. of India and Others
Court: Allahabad
Decided on: Jan-24-2000
Reported in: 2000(1)AWC776; (2000)1UPLBEC666
M. Katju, J.1. This writ petition has been filed for a writ of certiorarito quash the fax message dated 26.7.1999, Annexure-7 to the writ petition and for a mandamus directing the respondents to appoint the petitioners on the post of Apprentice Development Officers after declaring the final result of the selection held in pursuance of the employment notice dated 25.1.1999.2. We have heard the learned counsel for the parties.3. It is alleged in paragraph 3 of the petition that as per L.I.C. circular dated 20.1.1999 recruitment of Apprentice Development Officer is to be made from certain sources which are mentioned in that paragraph. In paragraph 4 of the petition, it is alleged that by employment notice dated 21.1.1999 issued by the Zonal Manager. North Central Zone Office. L.I.C. Kanpur recruitment of 300 posts of Apprentice Development Officer was notified for various divisional offices and for Varanasi Division and number of vacancies notified were 38. True copy of the employment not...
Bansal Chemical Corporation Vs. Presiding Officer, Employees' Providen ...
Court: Allahabad
Decided on: Jan-24-2000
Reported in: 2000(1)AWC779; [2000(84)FLR917]; (2000)ILLJ1479All; (2000)1UPLBEC712
R.H. Zaidi, J.1. Heard learned counsel for the petitioner and Mr. Satish Chaturvedi appearing for the respondents.2. By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 5.7.1999 whereby the appeal filed by the petitioner under Section 7(1) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 against the order dated 18.2.1998 has been allowed and the case has been remanded to respondent No. 2 with the observations that the question of coverage has already become final.3. It appears that in the proceedings under the aforesaid Act order dated 2.6.1995 was passed in exercise of powers under Clause (b) of sub-section (1) of Section 7A. Against the said order, no appeal was filed by the petitioner. Respondent No. 2, therefore, proceeded to determine the amount due from the petitioner in exercise of power under clause (b) ofsub-sectio...
Jagdishwar Prasad and Others Vs. District Magistrate, Allahad and Othe ...
Court: Allahabad
Decided on: Jan-24-2000
Reported in: 2000(1)AWC781; (2000)1UPLBEC670
A.K. Yog, J.1. Three petitioners, Jagdishwar Prasad, Shesh Narain Pandey and Om Prakash preferred this petition against impugned order dated 26th July. 1997 (Annexure-2 to the writ petition) rejecting petitioners' representation claiming right of consideration of their candidature for the post of Assistant Registar Kanoongo on the basis of eligibility list (said to have been prepared in the year 1982), (copy filed as Anncxure-1 to the petition).2. Learned counsel for the respondents raised preliminary objection regarding alternative remedy of appeal contemplated under statutory Rule 9 (3) U. P. Avar Rajaswa Lipik (Registrar Kanoongo and Assistant Registar Kanoongo) Sewa Niyamawali. 1958. hereinafter called Rules, 1958.3. The preliminary objection regarding availability of alternative remedy cannot be entertained for two reasons.4. One. it is now too late to ask the parties to go back to avail alternative remedy as the parties have already exchanged counter and rejoinder-affidavits and ...
Raja Ram Singh Vs. District Magistrate, Gorakhpur and Others
Court: Allahabad
Decided on: Jan-24-2000
Reported in: 2000(2)AWC1074; (2000)1UPLBEC642
R. H. Zaidi, J.1. By means of this petition filed under Article 226 of the Constitution of India, petitioner challenges the validity of order dated 11.1.2000 whereby the financial administrative powers of the petitioner, who is holding office of Pradhan, have been ceased by the competent authority, i.e.. District Magistrate, Gorakhpur.2. Learned counsel for the petitioner submitted that beforepassing of said order, the petitioner has not given an opportunity of hearing, therefore, the said order is illegal and is liable to be set aside. It is not disputed by the learned counsel for the petitioner that the petitioner was also holding the post of tube-welloperator, but it was contended that he was a part-time tube-well operator, therefore, he does not come within the purview of clause A, Section 5 of the Act. It was urged that the petitioner not being a full-time tube-well operator was legally entitled to hold the office of Pradhan and his financial and administrative powers could not be...
Suresh Singh Vs. Director, North Central Zone Cultural Centre, Allahab ...
Court: Allahabad
Decided on: Jan-24-2000
Reported in: 2000(2)AWC1079; [2000(84)FLR713]; (2000)IILLJ1315All; (2000)1UPLBEC626
M. Katju, J.1. This writ petition has been filed against the impugned orders dated 13.1.1998 Annexures-25 and 26 to the petition. By the order dated 13.1.1998 Annexure-25 to the petition the post of Deputy Director (Public Relations) in the North Central Zone Cultural Centre, Allahabad was abolished. By the second order of the same date (Annexure-26 to the petition) the petitioner was given contractual appointment for two years from 1.12.1993 terminable at any point of time without any prior notice. It was also provided therein that on the expiry of the contract period, it will be in the sole discretion of the Executive Board of the North Central Zone Cultural Centre, Allahabad, to determine whether the contract should be renewed or not.2. Heard learned counsel for the parties.3. The North Central Zone Cultural Centre. Allahabad (hereinafter referred to as 'the Centre') was set up with a view to promote and preserve the cultural heritable of India. It is registered as a society under t...
P. N. Srivastava Vs. U. P. Cooperative Spg. Mills Federation and Other ...
Court: Allahabad
Decided on: Jan-24-2000
Reported in: 2000(2)AWC1078; (2000)1UPLBEC624
M. Katju and D. R. Chaudhary,JJ.1. Heard learned counsel for the parties.2. The petitioner was appointedas spinning master in Sant Kabir Sahkari Katai Mills Ltd.. Maghar, Basti vide appointment letter dated 25.2.1988. True copy of the minutes of resolution and appointment are Annexures-1 and 2 to the petition. Thereafter he was transferred to various mills and he was given additional charge of Secretary/ General Manager of Mau Aima Mill on 23.6.1993 vide Artnexure-6 to the petition. He has alleged that he was given commendation certificate.However, subsequently he was suspended by the letter dated 24.8.1996 on the basis of the inspection note vide Annexure-9A and he was charge-sheeted by letter dated 2/3.9.1996 aide Annexure-10 to the petition. Thereafter an enquiry was held and he was removed from service by the impugned order dated 2.11.1996 Annexure-20 to the writ petition. Hence this petition.3. The finding of guilt is a finding of fact and we cannot interfere with the same in writ...
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