Allahabad Court October 2000 Judgments
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Achal Mehrotra Vs. State of U.P. and Another
Court: Allahabad
Decided on: Oct-20-2000
Reported in: 2001(1)AWC510
Shyamal Kumar Sen, C.J.1. Heard learned advocates for the parties.2. In the instant writ petition, the petitioner has challenged the notification issued by the State Election Commissioner on October 23, 1998 being Annexure-1 to the writ petition and the amendment thereto made on April 26, 2000, being Anncxure-2 to the writ petition. Grievance of the writ petitioner is that the State Election Commissioner did not issue correctly notification for registration of political parties for holding election. The State Election Commissioner, for the purpose of holding Municipal election has issued notification for the purpose of registration of the political parties, which according to the petitioner goes contrary to the principles laid down in the Constitution, since the Constitution contemplates participation of political parties in the election to the Central Legislature and the State Legislature. It is the contention of the learned counsel forthe petitioner that the Constitution does not con...
Sunni Central Board of Waqfs and ors. Vs. Gopal Singh Visharad and ors ...
Court: Allahabad
Decided on: Oct-19-2000
Reported in: (2001)3UPLBEC2331
Bhanwar Singh, J.1. The plaintiffs of other Original Suit No. 4 of 1989, short listed as O.O.S. have filed this application under Order XVIII, Rule 3 and Section 151 CPC. praying for permission to reserve their right to produce evidence on issues No. l(b), 4, 11, 13, 14, 19(a) and 19(c) by way of answer to the evidence that may be produced by the defendants. In the alternative, the plaintiffs have sought for an appropriate relief the Court may deem to be just and proper in the circumstances of the case.2. To recapitulate the facts and circumstances leading the plaintiffs to move the aforesaid application, it appears to be relevant to mention that four other original suits No. 1 of 1989, 3 of 1989, 4 of 1989 and 5 of 1989 pertaining to the disputed structure which was popularly known as Ram Janam Bhumi Babri Masjid at Ayodhya, district Faizabad, are pending trial before this Court. The other Original Suit No. 4 of 1989 was filed by the Sunni Central Board of Waqfs, U.P. and others again...
Pramod Vs. State of U.P.
Court: Allahabad
Decided on: Oct-19-2000
Reported in: 2001CriLJ925
J.C. Gupta, J.1. Pramod sole appellant in the above mentioned appeal, has challenged the order dated 19-12-80 passed by the then Session Judge, Lalitpur in Sessions Trial No. 40 of 1980 whereby he has been convicted and sentenced to life imprisonment under Section 302 of the Indian Penal Code and four years R.I. under Section 452 of the Indian Penal Code. Both the sentences are to run concurrently.2. The deceased of this case was Smt. Kiran who at the time of occurrence was staying in the house of her father Kadore Lal in village Talbehat within the circle of Police station Talbehat, Lalitpur. Appellant also belonged to the same village.3. The wood cut profile of the prosecution story is that about two and half years prior to the occurrence in question, appellant Pramod had assaulted Brij Kishore brother of Smt. Kiran and a report in respect thereof was made against the appellant. On the same evening appellant came to the residence of Brij Kishore, abused and assaulted Kiran and her mo...
The State Vs. Surya Prasad Verma
Court: Allahabad
Decided on: Oct-19-2000
Reported in: 2001CriLJ2481
Kamal Kishore, J.1. Both the aforesaid criminal appeal as well as the criminal reference arise out of the same judgment dated 15-2-2000 passed by Sri Daya Ram the learned X Additional Sessions Judge, Sitapur confirming the accused Surya Prasad Verma for the offence punishable under Section 302, I.P.C. awarding death sentence to the accused apellant Surya Prasad Verma. Hence all these three members are being dealt with by a common judgment.2. Feeling aggrieved by the aforesaid judgment passed by the learned Additional Sessions Judge, the accused appellant has preferred both the appeals and a reference has been made for confirming the capital sentence of the accused appellant Surya Prasad Varma.3. The fact that Kripashanker alias Badkannu and Munna Lal have died as a result of poisoning in the instant case has not been disputed and the same finds support from the post mortem, reports Exhibit Ka 2 and Ka 1 respectively prepared by Dr. Ashok Kumar PW 3 as well as from the viscera report ex...
Zila Parishad, Jhansi Vs. Udai Pratap Shukla and Another
Court: Allahabad
Decided on: Oct-18-2000
Reported in: 2001(1)AWC112; (2000)3UPLBEC2741
Shitla Prasad Srivastava, J.1. This special appeal has been filed by the appellant, who was respondent in the writ petition, against the judgment and order dated 24.2.1997 passed by learned single Judge. 2. Brief facts for the purposes of the present appeal, as stated by the petitioner-respondent are that the petitioner obtained Diploma in Civil Engineering from Government Polytechnic College, Jhansi, in the year 1984. In Zila Parishad, Jhansi, there was requirement of two JuniorEngineers. The Upper Mukhya Adhikari, Zila Parishad, wrote a letter on 23.8.1984 to the Principal, Government Polytechnic College, Jhansi, for sending ten names from the merit list of the candidates having Civil Engineering Diploma for appointment on the post of Junior Engineer. Petitioner's name was sent by the Principal, Polytechnic College, Jhansi. The Zila Parishad, Jhansi, permitted the petitioner to join on the post of Junior Engineer, Civil with effect from 26.10.1984. As sanction for regular post was no...
State of U.P. and Others Vs. Ahmad Shaheed and Others
Court: Allahabad
Decided on: Oct-18-2000
Reported in: 2000(4)AWC3253; (2000)3UPLBEC2531
Shitla Pd. Srivastava, J.1. This special appeal has been filed by the State of U, P. against the judgment and order dated 13.3.1997 passed by the learned single Judge in Civil Misc. Writ Petition No. 21087 of 1988, Ahmad Shaheed and others u. Stale of U. P. and others. By the impugned judgment and order, the learned single Judge has disposed of the writ petition filed by the respondents (writ petitioners) on the basis of the judgment and order dated 29.8.1996 passed in the Writ Petition No. 20393 of 1988, Anil Kumar and another v. State of U. P. and others.2. Brief facts for the purposes of this special appeal, as stated in writ petition, are that respondents (writ petitioners) namely, Ahmad Shaheed, Habibeeb Khan and Shakeel Khan filed a writ petition giving rise to the present special appeal. Their case was that they were daily wages employees (on temporary muster roll) in the office of the Executive Engineer, Temporary Division, P.W.D., Aligarh, they continuously worked for a period...
Khurram Carpets (P.) Ltd. and Another Vs. State of U.P. and Others
Court: Allahabad
Decided on: Oct-18-2000
Reported in: 2000(4)AWC3361; (2000)3UPLBEC2684
O.P. Garg, J.1. In an attempt to promote and boost tourism in the holy city of Varanasi, which is already on the tourist map of the country, a number of projects have come up. The World Bank has also sanctioned substantial amount to bring Varanasi on International Tourist Map of the world. Construction of new hotels is the integral part of the promotion of tourism. The petitioner-company, i.e., M/s. Khurram Carpets Pvt. Ltd. is having a tie with Raddison Group of Hotels and with a view to construct a five star hotel at plot Nos. 4/1 and 4/2, Mauja Araji Line, Mohalla Slkraul, near Varuna Bridge, Varanasi, submitted a plan for sanction to the Varanasi Development Authority (hereinafter referred to as 'the Authority') constituted under the provisions of U. P. Urban Planning and Development Act. 1973 (hereinafter referred to as 'the Act'). The proposed five star hotel building is to have seven floors besides basement. The plan was sanctioned by the Authority on 9.8.1995 and an outside lim...
State of U. P. and Another Vs. Arvind Kumar Singh
Court: Allahabad
Decided on: Oct-18-2000
Reported in: 2000(4)AWC3419; (2001)1UPLBEC206
Shitla Pd. Srivastava, J.1. These two Special Appeals have been filedby the State of Uttar Pradesh against the judgment and order passed by the learned single Judge dated 8.7.1997 in two writ petitions. Civil Misc. Writ Petition Nos. 26550 of 1996 and Civil Misc. Writ Petition No. 15363 of 1996 both filed by the respondent Arvind Kumar Singh against State of Uttar Pradesh and others.2. The facts giving rise to the present Special Appeal filed by the petitioner in Civil Misc. Writ Petition No. 15363 of 1996 are that the petitioner challenged the Government Order No. Audit 4325/10.94-300 (1) 1993 TC dated 31.5.1995 and prayed for striking out clause (2) of the aforesaid Government order fixing a cut off date on 31.3.1989 for exemption of departmental examination. It is stated by the petitioner in this writ petition that Uttar Pradesh Public Service Commission issued an advertisement No. A-3/E-4/87-88 in the month of February, 1988 for the selection on the post of Auditors (Co-operative a...
Jagbeer Singh Maan Vs. Deputy Director of Education, Meerut and Others
Court: Allahabad
Decided on: Oct-18-2000
Reported in: 2000(4)AWC3250; [2000(87)FLR1030]; (2000)3UPLBEC2518
Shitla Pd. Srivastava, J.1. This special appeal has been filed by the appellant, who was the petitioner before the learned single Judge, against the judgment and order dated 26.2.1996 passed by learned single Judge.2. The brief farts lor the purposes of this appeal are that the petitioner filed writ petition challenging the order dated 30-3.1991 passed by the District inspector of Schools, Muzaffarnagar and further prayed for a writ of mandamus directing the respondents to pay the arrears of salary from July, 1989. The impugned order has been filed as Annexure-21 to the writ petition. Thisorder shows that on 3.1.1991, the petitioner was adjusted in National Public Inter College Jalalabad, district Muzaffamagar on the post of a teacher, which fell vacant. This adjustment was found irregular and has been cancelled and petitioner was reverted back to his parent school.3. The contention of the petitioner was that he was appointed as C.T. Grade teacher in Janta Junior High School at Lachera...
Dinesh Chandra Sharma Vs. District Inspector of Schools, Meerut and Ot ...
Court: Allahabad
Decided on: Oct-18-2000
Reported in: 2000(4)AWC3262; [2000(87)FLR1034]; (2000)3UPLBEC2522
Shitla Pd. Srivastava, J.1. This special appeal has been filed by the appellant (petitioner) against the Judgment and order dated 18.5.1998 passed by learned single Judge dismissing the writ petition of the appellant.2. The brief facts giving rise to the writ petition has been mentioned in the affidavit filed by one Mahesh Chandra Sharma, who is brother of the appellant. Along with affidavit, documents beginning from the date of the appointment of the appellant till the cancellation of his appointment as assistant teacher in Ashok Higher Secondary School, Sarawan, district Meerut, have been filed. It is stated in the affidavit that petitioner's father Mam Chandra Sharma was serving as permanent lecturer in Chemistry in Janta Inter College Saroorpur, district Meerut. He died on 26.11.1987 while he was in service. The petitioner applied for appointment on compassionate ground. He was appointed as assistant clerk by theCommittee of Management of the institution on 24.9.1992 and he joined ...
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