Allahabad Court January 2000 Judgments
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Committee of Management A.K. College, Shikohabad and Another Vs. State ...
Court: Allahabad
Decided on: Jan-10-2000
Reported in: 2000(1)AWC792; (2000)1UPLBEC777
Yatindra Singh, J.1. When does the term of a Committee of Management of a society or of a degree college begin? Does a Committee of Management of a degree college become defunct after expiry of its term? Can a Vice-Chancellor refuse to extend the recognition of a Committee of Management of a degree college on the ground that its term has expired? These are some of the questions, involved in this writ petition. In addition, it is recommended that statutory statement of the grounds on which judicial review may lie be enacted/ circulated (heading Few Remarks--Recommendations paragraphs 48-51 of this Judgment). Here are the facts.FACTS 2. There is a society known as Adarsh Krishna Mahavidyalaya Prabandh Samlti (the A. K. Society). It is a registered society and runs a post-graduate degree college by the name of A. K. College. Shikohabad, district Firozabad (the A. K. College). It is affiliated to the Bhimrao Ambedkar University, Agra (the Agra University). An undisputed election to its Com...
Ajay Kumar Sharma Vs. State Government of U.P. and Others
Court: Allahabad
Decided on: Jan-10-2000
Reported in: 2000(2)AWC1020; [2000(85)FLR399]; (2000)1UPLBEC719
A. K. Yog, J. 1. One Shyam Bihari Lal Sharma was an employee on Class III post as Village Development Officer alleged to be a civil post of Government of U. P. at Block Bahadarabad, district Haridwar. Unfortunately he died on 9.2.1990 leaving behind him the petitioner(Ajay Kumar Sharma) and three other sons as mentioned in para 4 of the writ petition.2. In the writ petition, it has been categorically stated that petitioner was given appointment on compassionate ground under relevant Dying in Harness Rules. 1974. which were applicable to the facts of the instant case. This fact has not been disputed by the respondent in the counter-affidavit. A copy of the appointment letter has been filed on 25.5.1990 which has been filed as Annexure-1 to the writ petition. In pursuance of the aforementioned appointment letter, the petitioner joined the post of peon on 7.6.1990, the appointment letter, however, mentioned that appointment of the petitioner was temporary.3. By the order dated 26.9.1995, ...
Committee of Management Raja Tej Singh Vidyalaya Aurandh, Mainpuri and ...
Court: Allahabad
Decided on: Jan-10-2000
Reported in: 2000(2)AWC1086; (2000)2UPLBEC993
Yatindra Singh, J. 1. This decision examines the scope, power, and jurisdiction of the Registrar Societies and Chits Funds, the Prescribed Authority under the Societies Registration Act, and the Basic Shiksha Adhikari in respect of Societies running Junior High Schools. Among these, in a controversy to decide about the recognition of its Committee of Management, whose decision will override the other? How should the different provisions, relating this controversy, be reconciled? in addition, it is recommended that the State may remove the anomaly between the Societies Registration Act, the Intermediate Education Act, and the first statutes of different Universities under the U. P. State University Act (heading 'Remarks : Section 25 of the Societies Registration Act. Section 16A(7) of the Intermediate Education Act. and the First Statutes of the Universities' paragraphs 30-37). Here are the facts.FACTS 2. There is a society known as Raja Tej Singh Vidyalaya Aurandh. district Mainpuri (t...
Smt. Kiran Mishra Vs. State of U.P.
Court: Allahabad
Decided on: Jan-10-2000
Reported in: 2000CriLJ3069
1. Smt. Kiran Mishra has preferred this appeal the judgment and order dated 27-10-1980 passed by the then Sessions Judge, Saharanpur in Sessions Trial No. 307 of 1980 whereby she has been convicted under Section 302, 1.P.C. and sentenced to imprisonment for life.2. The case relates to the murder of Ramesh Chandra, the husband of the appellant and his younger brother Naresh Chandra. Both these persons, are alleged to have been murdered at about 5 a.m. on 10-4-1980 in the quarter occupied by Constable Patan Din Mishra, the father of the appellant. At the relevant time Constable Patan Din Mishra was an employee of G.R.P. Saharanpur and resided in one of the G.R.P. quarters at the Mall Godown Road within the area of police station Sadar Bazar.3. Appellant Smt. Kiran Mishra after completing graduation in Bareilly college was marled to the deceased Ramesh Chandra who was a constable in G.R.P. Tundla. The marriage took place on 11-4-1979 but the relations between the appellant and her husband...
Astik Kumar Pandey Vs. Director/Chairman, Board of High School and Int ...
Court: Allahabad
Decided on: Jan-09-2000
Reported in: (2001)3UPLBEC2088
U.K. Dhaon, J.1. Heard Sri K.N. Misra, learned Counsel, for the petitioner and the learned Standing Counsel.2. The brief facts of the case are that the petitioner appeared in the High School Examination, 1998-99 from Hukkum Singh Inter College, Qaiserganj, as a regular student on the basis of Roll No. 1154134. The U.P. Board of High School and Intermediate Education declared the result of the petitioner who secured the first division. The petitioner has alleged that after seeing the mark sheet he was shocked as only 2 marks in Mathematics II Paper were awarded to him. The marks obtained by the petitioner in different subjects are as under :---------------------------------------------------------------Subject Paper Total ---------------------------------------------------------------I II III ---------------------------------------------------------------Hindi 22 19 30 71 English 35 32 - 67 383/600Math-2 41 02 - 43 PassedScience-2 20 23 18 61 with FirstSocial Science - 35 39 74 Division...
Association of Dead People, Azamgarh and Another Vs. State of U.P. and ...
Court: Allahabad
Decided on: Jan-07-2000
Reported in: 2000(1)AWC663
Ravi S. Dhavan, J.1. Submissions in this matter had closed yesterday with every one present at the Bar unanimous on their opinion that in a matter which has now surfaced with such magnitude, it would be the fittest step that it be referred to the National Human Rights Commission under the Protection of Human Rights Act, 1993. The Court has accepted the contention made unanimously at the Bar.2. The origin of these proceedings rest on a media report highlighted in the TIME magazine, Asia Edition, July 19, 1999, at page 29. The correspondent one Michael Fathers along with Meenakshi Ganguly, apparently made an on the spot enquiry and published an Articleentitled 'Plight of the Living Dead : Indian Farmers declared deceased by unscrupulous relatives must prove they're alive to regain their land.' As the matter is now being sent by the High Court to the National Human Rights Commission, for its convenience the Article as published' is being reproduced :'The Eastern Fringes of India's Uttar P...
Smt. Shakuntala Sharma and Another Vs. State of U. P. and Others
Court: Allahabad
Decided on: Jan-07-2000
Reported in: 2001ACJ620; 2000(2)AWC1455; (2000)2UPLBEC1804
S. H. A. Raza, J.1. The greatest danger to this country comes from the population explosion. Inspite of the developmental activities during the last fifty years, our Industrial production has considerably increased. Due to the green revolution which has ushered mostly in those areas where proper irrigation facilities were made available, the food production has not only increased but India has become more or less self-reliant. It is a matter of great pleasure for all the Indians that India although often imports oil seeds and foodgrains, but also exports foodgrains particularly rice, but inspite of that fact our export is much below than the export of Hong Kong, which a century before was a small island. Its export has increased to such an extent that this country having a population of hundred crores is unable to surpass even Hong Kong.2. Whatsoever development has taken place in industrial and agriculture sector, its effect becomesnegligible due to population explosion.3. In view of ...
Purshottam Das Tandon Vs. Military Estate Officer
Court: Allahabad
Decided on: Jan-07-2000
Reported in: AIR2000All127; (2000)1UPLBEC738
ORDER1. The petitioner prays under Article 226 of the constitution to issue a Writ of Mandamus directing the Respondents to (i) mutate his name as 'Private Owner' of 'Bungalow No. 29, Chaitham Lines, Survey No. 143, Old Cantonment Allahabad (hereinafter referred to as the Bungalow) and (ii) accept property taxes from him in regard thereto and (iii) to award him costs.The Backdrop :--2. From the writ petition, counter-affidavits and Rejoinder thereto exchanged between the parties, and the records called for at the request of learned counsel for both sides it is apparent that in regard to thebungalow there were series of litigations, which are necessary to be mentioned first in seriatim.2.1 In execution of a decree against the judgment-debtors-Scott and Spencer, the bungalow was auction sold on 26th November, 1848 and purchased for Rs. 2,900/- by the decree-holder Lala Manohar Lal, (Grand Father of the Petitioner) and that auction sale was confirmed by the Court on 27-12-1848.2.2 The Res...
Gopal Chaddha Vs. Cegat
Court: Allahabad
Decided on: Jan-07-2000
Reported in: 2000(70)ECC607; 2000(118)ELT555(All)
ORDERP.K. Jain, J.1. The petitioner No. 2 Sri Ram Sumer was apprehended by Preventive Officers of the Customs Department, Gorakhpur on 13-7-1990. Some pieces of gold and three hand-written slips were seized from his possession. 2 slips related to rate of gold whereas 3rd related to the value of gold. The statements of petitioner No. 2 were recorded by the authorities of the department and he disclosed that the gold was purchased from one Prem Sarraf, Gorakhpur who had melted the foreign biscuits in presence of the petitioner No. 2. Subsequently petitioner No. 2 retracted his statement stating that the gold seized from his possession was obtained out of the old ornaments of the customers which were received by his employer i.e. petitioner No. 1 for manufacturing new ornaments. The Officer thereafter raided the remises of petitioner No. 1 on 15-7-1990. The statement of Sri Gopal Chaddha petitioner No. 1 was recorded on 23-8-1990 who corroborated the second statement of the petitioner No....
Lallo Giri and Others Vs. Deputy Director of Consolidtion, Mirzapur an ...
Court: Allahabad
Decided on: Jan-06-2000
Reported in: 2000(1)AWC788
Shitla Prasad Srivastava, J.1. Heard learned counsel for the parties.2. The present petition has been filed by the petitioners for quashing the order dated 12.11.1981 passed by the Deputy Director of Consolidation. . Mlrzapur, by which application for restoration was rejected.3. Admitted facts are that a revision has been filed by the father of the petitioners which remain pending and it was dismissed in default on 19.6.1980. An application for recall was filed by the petitioners on 28.6.1980. The application is not on record. But from a perusal of the judgment, it is apparent that the grounds taken was that the revisionist (father of the petitioners) died in the first week of April, 1980. therefore, it was stated, that the order dismissing the revision In default was against a dead person and it should be recalled. A counter-affidavit was filed to the effect that the revisionist (father of the petitioners) died in February, 1980 and not in April, 1980. It was admitted fact of the part...
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