Allahabad Court October 2000 Judgments
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Chandra Bhushan Vs. District Magistrate, Fatehpur and Others
Court: Allahabad
Decided on: Oct-18-2000
Reported in: 2000(4)AWC3255; [2000(87)FLR724]; (2000)3UPLBEC2516
ORDERShitla Pd. Srivastava. J. 1. This special appeal has been filed by the petitioner-appellant against the judgment and order dated 20.8.1998 passed by learned single Judge in Civil Misc. Writ Petition No. 29535 of 1990, Chandra Bhusan v. District Magistrate, Fatehpur and others.2. Brief facts for the purposes of the present case are that the petitioner filed writ petition for a direction to the State Government to decide the reconsideration expeditiously and further for reinstatement on the post. The petitioner has filed his own affidavit in this special appeal and has given the facts regarding the case. It is stated by the petitioner that he was appointed as Collection Amin on 20.8 1973. On 20.3.1982 an order was passed by the Sub-Divisional Magistrate, Khaga, district Fatehpur, suspending the petitioner on the allegation that the petitioner was guilty of not depositing the amount recovered by him on 3.3.1982. This order of suspension was passed on a report of the Tahsildar. Khaga,...
Saudan Singh (Decd.) Through L.Rs. and Others Vs. State of U.P. and Ot ...
Court: Allahabad
Decided on: Oct-18-2000
Reported in: 2000(4)AWC3259; (2001)ILLJ796All; (2000)3UPLBEC2513
Shitla Pd. Srivastava, J. 1. This special appeal has been filed by Saudan Singh and others against the judgment dated 11.9.1996 delivered in Civil Misc Writ Petition No. 29391 of1996. Saudan Singh and others v. State of Uttar Pradesh and others.2. The brief facts of the case are that the appellants who were petitioners in the writ petition, filed writ petition for a writ of certiorari quashing the order dated 17.8.1996 passed by Sri W. Rahman, Superintending Engineer Aligarh/ Mathura Circle Public Works Department, Aligarh and for a writ of mandamus directing the respondents to regularise the services of the petitioners and to pay them regular salary with other consequential benefits which are admissible according to law.3. The case taken by the petitioners in the writ petition is that they were appointed in Public Works Department as daily rated employees initially. They were appointed in the Construction Division II, Public Works Department under the subordination of Executive Engine...
Nagar Palika Parishad, Sardhana, Meerut and Another Vs. Chandra Prakas ...
Court: Allahabad
Decided on: Oct-18-2000
Reported in: 2000(4)AWC3397
O. P. Garg, J.1. The moot point involved in the present writ petitionunder Article 226 of the Constitution of India is whether the annual value for the purposes of assessment of municipal taxes of premises No. 193. Gandhi Nagar. Sardhana in district Meerut owned by respondent No. 1 and under the tenancy of the State Bank of India is to be determined under the provisions of clause (a) or (b) of Section 140 (1) of the U. P. Municipalities Act (hereinafter referred to as 'the Act'). This controversy has come up in the wake of the following facts.2. It is an admitted fact that the building in question of which the respondent No. 1 is the owner is under the tenancy of the State Bank of India. Sardhana Branch at a monthly rent of Rs. 7,100. The annual rental value for the purposes of payment of municipal taxes has been assessed at Rs. 85,200 = (Rs. 7100 x 12). The total amount of the house tax calculated at the rate of the annual rent and the water tax comes to Rs. 8,520 on each of the two c...
Sattan Alias Satyendra and ors. Etc. Vs. State of U.P.
Court: Allahabad
Decided on: Oct-18-2000
Reported in: 2001CriLJ676
J.C. Gupta, J.1. Appellants Sattan alias Satyendra, Upendra alias Guddu, Haripal son of Kiran Singh and Haripal son of Ram Charan have been convicted and sentenced to 2 years R.I. each under Section 148 I.P.C. and to ten years R.I. under Section 307 read with Section 149 I.P.C. Both the sentences have been ordered to run concurrently. They have been sentenced to death under Section 302 read with Section 149 I.P.C. Appellants of Criminal Appeal No. 2237 of 1999 Kripal, Brij Pal, Ram Pal and Devendra have been convicted and sentenced to life imprisonment under Section 120B I.P.C.2. Along with Sattan, Upendra, Haripal son of Kiran Singh and Haripal son of Ram Charan, appellants in criminal appeal No. 2140 of 1999, accused Mukesh Dhirendra alias Dheeraj, Rakesh, Naresh and Pappu alias Amarjeet were also tried and charges under Section 148, 307/149 and 302/149 were framed against them also. Out of them accused Pappu alias Amarjeet and Naresh died during the pendency of trial while accused M...
Ram Kailash Jaiswal Vs. State of U.P.
Court: Allahabad
Decided on: Oct-18-2000
Reported in: 2001CriLJ674
ORDERB.K. RATHI, J.1. The applicant has made a request for bail for offence under Section 18/20 N.D.P.S. Act in crime No. 184 of 2000, police station Kotwali, district Allahabad.2. I have heard Sri V.P. Srivastava, learned counsel for the applicant and the learned A.G.A.3. According to the case of the prosecution on 17-8-2000 the Eicher Truck No. UP-40-A/5949 was searched and 10Kg. of ganja and 30 Kg. of bhang were recovered. Regarding the bhang it has been alleged that the applicant was agent of the contractor of bhang, Sri Vinay Nath Tripathi and was transporting the same in accordance with his instructions. Regarding the ganja it is contended that there is no compliance of the provisions of Section 50 of N.D.P.S. Act in so far as the applicant was not given the opinion of being searched before the Magistrate or Gazetted Officer. It is argued that therefore, the applicant is entitled to bail.4. I have gone through the recovery memo. For the purposes of disposal of this bail applicati...
Shyama and Etc. Vs. State of U.P.
Court: Allahabad
Decided on: Oct-18-2000
Reported in: 2001CriLJ1419
J.C. Gupta, J.1. Appellant named above have been convicted and sentenced to undergo life imprisonment Under Section 302/ 34 I.P.C., for three years R.I. and a fine of Rs. 500/- each Under Section 325/34 I.P.C. and to six months R.I. with fine of Rs. 100/- each Under Section 323/34 I.P.C. In default of payment of fine sentences were also imposed. The sentences are ordered to run concurrently. Smt. Kaushalya who was also tried along with the appellants has however been acquitted by the learned Sessions Judge by the same order dated 3-9-1981.2. The prosecution story as revealed in the First Information Report and evidence on record, in short, is that of these appellants. Shyama and Kaloo are sons of appellant Sardari Lal. They are resident of village Matkhera, P.S. Bilaspur, district Rampur, In the same village resided Mahendra Pratap who died about 17-18 years ago leaving behind his wife Smt. Nand Rani P.W. 7, his daughter Aruna Kumari P.W. 2 and younger brother Girish Prasad, the deceas...
Sheo Kumar Ram Gupta Vs. State of U.P. and Others
Court: Allahabad
Decided on: Oct-17-2000
Reported in: 2001(1)AWC277
Pradeep Kant, J.1. The petitioner who is posted as Assistant Engineer (Civil) in the Irrigation Department, Government of U. P. has approached this Court challenging the order of transfer dated 15.7.2000 by means of which the petitioner has been transferred from Lucknow to Sitapur.2. The main thrust of challenge to the order of transfer is that the order recites that the transfer has been effected on the own request of the petitioner whereas the petitioner has categorically asserted in the writ petition that he has not made any request for transfer. In all 21 Assistant Engineers have been transferred by the same order and at the top of the order, it has been recited that the transfers are being made on the own request of the incumbent.3. In para 4 of the writ petition, the petitioner has asserted that he has never requested the authorities concerned for transfer. Para 4 of the writ petition reads as under :'4. That the petitioner had never requested the authorities concerned for transf...
Tarkar Construction Company Vs. U.P. State Warehousing Corporation, Lu ...
Court: Allahabad
Decided on: Oct-17-2000
Reported in: 2001(1)AWC369
ORDERSudhir Narain and M. A. Khan,JJ.1. The petitioner seeks to quash the order of appointment of the arbitrator by the Managing Director vide order dated 11.10.1999 (Annexure-8 to the writ petition) appointing Sri R. C. Saxena, Incharge General Manager (Recovery Section) U. P. State Warehousing Corporation as arbitrator in pursuance of the arbitration agreement and the order passed by the Managing Director on 6.11.1999 rejecting the objection of the petitioner against the appointment of such arbitrator. Thearbitration agreement reads as under :'All disputes and differences arising out of or in any way touching or concerning this agreement (except as to any matter the decision of which is expressly provided for in the contract) shall be referred to the sole Arbitration of the Managing Director, U. P. State Warehousing Corporation, Lucknow and if the Managing Director is unable or unwilling to act as the sole arbitrator or some other person appointed by the Managing Director. U. P. Ware...
In Re: Bhadohi Woollens Ltd. (In Liquidation)
Court: Allahabad
Decided on: Oct-17-2000
Reported in: AIR2001All18
ORDERN.C. Jain, J. 1. The company In question, namely, M/s. Bhadohi Woollen Limited (in liquidation) was ordered to be wound up by this Court by order dated 20-2-1996 on the recommendation of BIFR and the Official liquidator was appointed as liquidator of the company who took possession of the inaovable and immovable assets belonging to the said company (in liquidation) from the ex-management. The company was a State of U. P. undertaking. Under the Court's order, the properties of the company were advertised for sale more than once and ultimately by order dated 5-11-99, the highest offer of M/s. Monerca Engineers, A-8 Govindpur Colony, Allahabad of Rs. 3,03,00,000/- was accepted. The said auction purchase is the applicant of applications A-14 and A-15.2. As recorded in the order dated 5-11-99, the said auction purchaser had prayed for six months' time to make the payment. This prayer was accepted by the Court and the amount was directed to be paid as per the following schedule.1. The f...
Smt. Nirmala Vs. U.P. State Election Commission and Others
Court: Allahabad
Decided on: Oct-16-2000
Reported in: 2001(1)AWC104
ORDERShyamal Kumar Sen, C.J.1.The facts involved in the instant writ petition are that on June, 2000, election for the Office of the Members of the Zila Panchayat was held and the petitioner was declared elected as Member of the Zila Panchayat,Kushinagar from Hata (East) constituency, ward No. 23 in the category of 'Woman General'. Respondent No. 5 Smt. Gangotri also contested in the said ward being ward No. 23. Smt. Gangotri is by caste Jatswal (Kalver] which is in O.B.C. In the said election, polling took place on August 6, 2000 and the counting also took place on the same day and the result was as follows :1. Smt. Gangotri (RespondentNo. 5). Secured 20, 1st Preference votes.2. Smt. Nirmala (Petitioner)Secured 20, 1st Preferencevotes. 3. Smt. Rita (Respondent No. 6)Secured 3, 1st preferencevotes.2. In the aforementioned circumstances, the third named woman Smt. Rita who secured the lowest first preference votes, i.e., 3rd in number should be eliminated first and thereafter, in betwee...
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