Allahabad Court January 2000 Judgments
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U.P. Petroleum Traders' Association, Allahabad and another Vs. Union o ...
Court: Allahabad
Decided on: Jan-12-2000
Reported in: 2000(1)AWC683
Binod Kumar Roy and R. K.Singh, JJ. 1. The petitioners have come up with prayers to (i) declare Sections 39. 60 and 61 of the Standards of Weights and Measures (Enforcement) Act, 1985 (hereafter referred to as the Act) as unconstitutional and void and (ii) restrain the respondents from prosecuting them for violation of the aforementioned provisions of the Act.2. Petitioner No. 1 claims itself to be representative body of the dealers of petroleum products in our State, duly registered with the Registrar -Chits, Firms and Societies, U. P., Lucknow and its registered office at Kanpur. Petitioner No. 2 is a petrol pump owner and dealer appointed by the Indian Oil Corporation situate at G. T. Road, Bamrauli, Allahabad.The Pleadings:3. Shortly put the case of the petitioners is to this effect :The petrol and diesel supplied by the Oil Companies, are stored in an underground tank from which retail supply is made through a measure which is a mechanical process through machines, manufactured by...
Committe of Management, Maharaja Agrasen Inter College, Deoria and Oth ...
Court: Allahabad
Decided on: Jan-12-2000
Reported in: 2000(1)AWC718; (2000)1UPLBEC867
Ravi S. Dhavan, J.1. The contention on Special Appeal No. 315 of 1996, Committee oj Management v. Regional Deputy Director of Education VIIh Region, Gorakhpur and others, is that this matter also be connected with another Special Appeal No. 274 of 1996 which is otherwise admitted. It is prayed that this appeal be also admitted.2. The Court has examined the record of both the cases. The Standing Counsel Mr. V. N. Mishra points out that the cases are otherwise infructuous. He draws attention of the Court to the facts noted in the Judgment dated 22.11.1995 on Writ Petition No. 11194 of 1993 out of which present cases arise, initially, both cases had been filed beyond limitation.3. The issue, who may be in charge of the management, has been before the High Court several times. While on one circumstance the election was held on 25.12.1994 and prior to this date the other election was on 20.3.1992, the learned Judge has recorded that three years of the tenure of the Committee of Management w...
Peoples' Union for Civil Liberties, U.P. Bench Vs. State of U.P. and o ...
Court: Allahabad
Decided on: Jan-12-2000
Reported in: 2000(1)AWC729
Binod Kumar Roy and R. K. Singh, JJ.1. The petitioner has come up to this Court for commanding respondent No. 1 the State of U. P. to (i) constitute a State Human Rights Commission (hereinafter referred to as S.H.R.C.) under Section 21 of the Protection of Human Rights Act. 1993 (hereinafter referred to as the Act) and (ii) create Human Rights Courts at district level under Section 30 of the Act.2. The case of the petitioner is to this effect : The petitioner is a non-political organisation of such citizens of India who are committed to promote and protect, inter alia, human rights ; a copy of its alms and object is being filed as Annexure-1 ; after recording his satisfaction that the circumstances existed for an immediate action for protection of human rights and to achieve the objects/purpose as contained in Section 2(1)(d) read with Preamble the President of India promulgated. Protection of Human Rights Ordinance, 1993 (Ordinance No. 30 of 1993) on 28.9.1993 which was later replaced...
Rinku Alias Hukku Vs. State of U.P. and Another
Court: Allahabad
Decided on: Jan-12-2000
Reported in: 2000(2)AWC1446; 2000CriLJ2834
I. M. Quddusi, J.1. This writ petition has been filed for quashing of the first information report, which was registered as Case Crime No. 471 of 1999 under Section 2/3 of U. P. Gangsters and Anti-social Activities Prevention Act. 1986, Police Station Krishna Nagar, district Lucknow.2. We have heard learned counsel for the petitioner and learned Additional Government Advocate. 3. The brief facts of the case are that a Case Crime No. 434 of 1999, under Sections 147, 164, 201. 302, I.P.C. Police Station Krishna Nagar, district Lucknow was registered against the petitioner Rinku alias Hakku, on the basis of which another Case Crime No. 471 of 1999, under Section 2/3 of U. P. Gangsters and Anti-social Activities Prevention Act. 1986 (hereinafter referred to as 'Act') was registered at the same police station. No other case has been indicated in this F.I.R. except the above one against the petitioner. A gang chart was also annexed with the F.I.R. which also shows that there was only one cas...
Mangla Prasad Inter College Society and anr. Vs. Director of Education ...
Court: Allahabad
Decided on: Jan-12-2000
Reported in: (2000)2UPLBEC1418
ORDERN.K. Mitra, C.J.1. Mangla Prasad Inter College, Allahabad is an Institution recognised under the provisions of the U.P. Intermediate Education Act, 1921, the affairs of which are managed by the Committee of Management constituted in accordance with the Scheme of Administration as approved under Section 16-A of the U.P. Intermediate Education Act, 1921 (In short the 'Act'). It appears that the institution is at present under the management of an authorised conroller appointed by the State Government under Section 16-D (4) of the Act. The authorised controller proposed certain amendments in the Scheme of Administration, which were approved by the Regional Dy. Director of Education. Such modification in the Scheme of administrative was challenged by means of a writ petition which came to be disposed of with a direction to the appellants to prefer a representation to the Director of Education who was directed to consider the representation and dispose it of by passing a reasoned order...
Rajendra Thathera Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Jan-12-2000
Reported in: 2000CriLJ1674
O.P. Garg, J.1. The only point which has been canvassed before this Court on behalf of the petitioner - Rajendra Thathera is that from the allegation contained in the F.I.R. and the grounds of detention accompanied with the order dated 30th June 1999, Annexure 9 to the writ petition, passed under Section 3(2) of the National Security Act (hereinafter referred to as 'the Act'), by the District Magistrate Ballia, a case of disturbance of 'public order' or disruption of maintenance of essential service and supply is not made out and at best, if the allegation as such are accepted to be true, it would be a case of breach of 'law and order' for which the petitioner can adequately be dealt with and punished under the ordinary penal law.2. The above submission has come to be made in the following circumstances :3. In the night of 17th/18th May, 1999, electricity wire measuring 3710 meters in length, the assessed value of which comes to Rs. 48,230/- was removed and stolen by some unknown culpr...
Qadir Khan and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Jan-12-2000
Reported in: 2000CriLJ1677
ORDERU.S. Tripathi, J.1. Heard Sri Anil Kumar Srivastava learned counsel for the applicants and Sri Syed Wajid Ali, learned counsel for the opposite party No. 2 and learned A.G.A. appearing for the opposite party No. 1 and 3.2. In this proceeding under Section 482, Cr.P.C. quashing of complaint in case No. 754 of 1998, Ramzan Khan v. Qadir Khan and Ors. pending in the Court of Second Additional Chief Judicial Magistrate, Banda has been sought.3. The opposite party No, 2 filed a complaint against the applicants under Sections 419, 420, 323, 504, 506, 363 and 365, I.P.C. with the allegation that on 3-9-1994 at about mid night the applicants raided his house and forcibly abducted Smt. Barkatiya his widowed aunt and wanted to get sale deed executed by some imposter in order to grab the property of Smt. Barkatiya. The learned Magistrate on considering statement under Sections 200 and 202, Cr.P.C. summoned the applicants on the said complaint.4. The learned counsel for the applicants pointed...
Shiv SahaIn Mishra Alias Raju and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Jan-12-2000
Reported in: 2000CriLJ2761
ORDERU.S. Tripathi, J.1. The above two applications under Section 482 Cr.P.C. have been perferred for quashing of proceeding against the applicants on the basis of order dated 4-4-1997 passed in Criminal Case No. 512 of 1994, State v. Krishna Kumar and Ors., under Sections 323, 325, 504 and 506 I.P.C., P.S. Bakewar, district Fatehpur pending in the Court of Additional Chief Judicial Magistrate Fatehpur.2. Smt. Bhagwani Devi opposite party No.2 in both the applications, lodged a report on 22-1-1994 at P.S. Bakewar district Fatehpur against the applicants of both the applications and four others with the allegation that on 21 -1 -1994 at about 6.00 P. M. while her son and daughter were milching cow, Krishna Kumar, Gokaran Nath, Raju armed with rifles along with Bhagwati Prasad, Dhannar, Rajan, Dileep, Vindoo, Krishna Devi, Mahesh, Girija Shankar, Uma Shankar, wife of Girija Shankar and Mukesh Kumar in all of 14 persons raided her house and started causing injuries to her son and daughter...
New India Assurance Co. Ltd. Vs. Vibha Sengar and ors.
Court: Allahabad
Decided on: Jan-12-2000
Reported in: I(2001)ACC449; 2002ACJ739
S.C. Verma, J.1. We have heard learned Counsel for the appellant Mr. K.L. Grover. In this case, the claimants are parents of deceased Deepak Kumar, aged 12 1/2 years, a student. The claimants are father and mother of the deceased and a compensation of Rs. 1,50,000 has been awarded by the Motor Accidents Claims Tribunal, Kanpur Dehat/IX Additional District and Sessions Judge, Kanpur Dehat by impugned award and judgment dated 4.11.1999 in Claim Case No. 160 of 1997. The correctness of the impugned award is challenged by Mr. Grover on the sole ground that the deceased being a boy of 1272 years, could not have been in a position to get any employment, therefore, no income should be calculated for computing the compensation, the notional income given under item No. 6 in the Second Schedule to Motor Vehicles Act, 1988 is interpreted by Mr. Grover in the way that if a citizen who had capacity to earn something but had got no source of income, then only this notional income applies.2. We, afte...
Jaswant Singh and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Jan-11-2000
Reported in: 2000(2)AWC1084
M. Katju and D.R. Chaudhary,JJ.1. Heard learned counsel for the petitioner and learned standing counsel.2. In this writ petition as well as in connected Writ Petition No. 37304 of 1999, the petitioners have prayed for a writ of mandamus directing the respondents to issue appointment letters to the petitioners in pursuance of the result declared by the U. P. Public Service Commission and the list submitted to the State Government on 15.5.1998. The petitioners appeared in Civil State Engineering Service Examination. 1996 which was held by the U. P. Public Service Commission (hereinafter referred to as Commission).3. It appears that 505 vacancies were advertised but the Government decided to fill up only 322 vacancies.4. In para 11 of the writ petition, it is stated that the Commission called the petitioners for written test in which they were declared successful and thereafter the Commission interviewed them as stated in para 13 of the writ petiiion. The Commission declared the result vi...
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