Allahabad Court October 2000 Judgments
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Meerut College Parivar Kalyan Samiti Vs. State of U.P. and Others
Court: Allahabad
Decided on: Oct-16-2000
Reported in: 2000(4)AWC3257; (2001)1UPLBEC201
S.R. Singh and D.R. Chaudhary, JJ. 1. Heard Sri Pramod Jain appearing for the petitioner, standing counsel representing the State. Sri Vivek Chaudhary for Vice-Chancellor and Sri Shailendra representing the respondent No. 4 Dr. V. B. Chauhan. Since we are not interfering with the impugned order, it is not necessary to issue notice to Committee of Management and the Director, Anti-Corruption Branch. C.B.I, arrayed herein as respondent Nos. 3 and 5 respectively.2. The writ petition is directed against the office memo dated 17.6.2000 by which the service of the fourth respondent has been extended upto 30.6.2001, it is not disputed that the fourth respondent was born on 2.7.1940 and as such, he attained the age of superannuation on 2.7.2000. The services of the petitioner, however, stood extended upto 30.6.2001 under Statute 17.15 of the First Statutes of the University of Meerut. The college in question is affiliated to the said University. Statute 17.15 being relevant to the controversy ...
Reserve Bank of India Vs. Krishi Export Com. Corpn. Ltd.
Court: Allahabad
Decided on: Oct-16-2000
Reported in: (2000)4CompLJ335(All)
ORDERM.C. Jain, J. 1. This petition for the winding up of the respondent-company has been filed by the Reserve Bank of India ('the bank') under Section 45MC of the Reserve Bank of India Act, 1934. 2. The petition is based on these allegations : The petitioner bank is the regulatory authority for non-banking financial companies (NBFCs) and has been conferred with such powers under Chapter III-B of the Act as amended by the Amending Act of 1997. The powers conferred on the bank, inter alia, relate to the issuing of registration certificate to NBFCs, prescribing prudential norms, issuing directions, prohibiting NBFCs from accepting deposits, filing of winding up petitions etc. In exercise of powers conferred on the bank by the various provisions of the Act, it has issued Non-Banking Financial Companies Acceptance of Public Deposits (Reserve Bank) Directions, 1998 ('the Directions') to regulate acceptance of deposits by the companies carrying on the business of non-banking financial instit...
Nirmala (Smt.) Vs. U.P. State Election Commission and ors.
Court: Allahabad
Decided on: Oct-16-2000
Reported in: (2001)2UPLBEC1055
Shyamal 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 Jaiswal (Kalver) which is in O.B.C. In the said election, polling took place on 6th August, 2000 and the counting also took place on the same day and the result was as follows :1. Smt. Gangotri (Respondent No. 5). Secured 20 First Preference votes.2. Smt. Nirmala (Petitioner). Secrued 20 1st Preference votes.3. Smt. Rita (Respondent No. 6). Secured 3 first preference votes.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 be...
U.P. Financial Corporation Kanpur and Another Vs. Neelam Sharma and Ot ...
Court: Allahabad
Decided on: Oct-13-2000
Reported in: 2000(4)AWC3107; [2000(87)FLR532]; (2001)ILLJ313All; (2001)1UPLBEC195
S.R. Singh, J.1. This writ petition has been instituted by the employer against the award dated 19.7.1996 rendered by the Labour Court (IVth) U. P., Sarvoday Nagar, Kanpur in Adjudication Case No. 296 of 1995 in favour of the respondent No. 2, Km. Neelam Sharma. The dispute referred to the Labour Court for adjudication under Section 4K of the U. P. Industrial Disputes Act (hereinafter referred to as the State Act) was as to whether the employers were justified in precluding Km. Neelam Sharma from doing her duties as Steno/Typist w.e.f. 23.7.1994 and if not what relief/compensation was she entitled to get and with effect from which date.2. On the facts found by the Labour Court and submissions made across the Bar, the questions that have come to the fore for consideration by this Court are threefold : firstly, whether respondent Km. Neelam Sharma came within the purview of 'workman' as defined in Section 2 (z) of the State Act : secondly, whether termination of service by efflux of time...
Km. Sadhana Dubey Vs. Central Administrative Tribunal, Allahabad and O ...
Court: Allahabad
Decided on: Oct-13-2000
Reported in: 2000(4)AWC3382; (2000)3UPLBEC2533
S.R. Singh and D.R. Chaudhary, JJ.1. Petitioner has knocked the door of this Court by means of the present petition for the relief of a writ of certiorari quashing the order dated 22.2.2000 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad, whereby the Tribunal dismissed O.A. No. 725 of 98 instituted by the petitioner. In fact, the impugned order is a composite order whereby the O.A. No. 725 of 1998 filed by the petitioner has been dismissed and O.A. No. 161 of 1997. Yasmeen Mehdi and others v. Union of India and others and O.A. No. 176 of 1997, Smt. Madhulika Sharma v. Union of India and others, disposed of, but the relief claimed in the instant petition is confined to the order dismissing O.A. No. 725 of 98.2. The facts beyond the pale of controversy are that the respondents 4 to 7 were appointed as substitute Assistant Teachers on ad hoc basis for specified duration of six months attended with the stipulation that the appointments would exhaust itself asand w...
Meerut Development Authority Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Oct-13-2000
Reported in: [2001]123STC5(All)
R.K. Agrawal, J.1. All these three revisions have been filed by the Meerut Development Authority, against a common order dated May 31, 1991 passed by the Sales Tax Tribunal, Meerut Bench II, Meerut, in Second Appeals No. 338 to 340 of 1990 relating to assessment years 1987-88 to 1989-1990 under Section 8-D(6) of the U.P. Trade Tax Act, 1948 (hereinafter referred to as 'the Act').2. The facts giving rise to present revisions in brief are that the applicant is a Development Authority constituted under the provisions of the U.P. Urban Planning and Development Act, 1973 (hereinafter referred to as 'the 1973 Act'). Its main activities are for the development of Meerut City. During the relevant assessment years, the applicant had got executed certain civil contracts and had paid a sum of Rs. 9,73,606.73, Rs. 1,28,03,960 and Rs. 1,72,54,324 respectively to the contractors. It had not deducted any tax at source as provided under Section 8-D(1) of the Act. The Sales Tax Officer, Sector 6, Meeru...
Shree Ram Briksha Chaudhary Vs. Principal, Maharani Laxmi Bai Medical ...
Court: Allahabad
Decided on: Oct-13-2000
Reported in: [2001(88)FLR486]; (2001)1UPLBEC211
A.K. Yog, J.1. Admittedly, petitioner Shri Ram Briksha Chaudhari, was appointed by the Principal, Maharani Laxmi Bai Medical College, Jhansi as is evident from perusal of his appointment letter dated 22nd February, 1995 (Annexure 1 to the Writ Petition). There is no averment that the post was ever advertised. From the record of the petition it is evident that the Petitioner was appointed without adopting prescribed procedure for making appointment.2. Moreover, there is no averment nor any material on record to show that Petitioner, who did not possess requisite training of Lab Technician, was appointed under constraints of non-availability of a qualified candidate.' It is queer to note that no effort was made to advertise the post and selected best available candidate at that time. Petitioner alleges that he was not permitted to complete requisite training in pursuance to the condition contained in the aforesaid appointment letter (Annexure 1 to the Writ Petition) and in its support he...
Hari Lal S/O Babu Lal Vs. State
Court: Allahabad
Decided on: Oct-13-2000
Reported in: 2001CriLJ695
J.C. Gupta, J.1. This appeal is against the judgment and order dated 21-11-80 passed by the then IV Additional Sessions Judge, Fatehpur in Sessions Trial No. 134/80 convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to imprisonment for life.2. This case relates to the murder of Smt. Sureshan wife of appellant, who is alleged to have been strangulated in the night of 5-1-80 in her nuptial home situated in village Unchebara within the circle of police station Husainganj, district Fatehpur. Undisputedly the appellant was married to Smt. Sureshan about three years before her death. She was daughter of Dhunni, a resident of Mirzapur Bhitari. Harish Chandra P.W. 2 is admittedly younger brother of deceased while Babu Lal P.W. 1 is appellant's father. The motive behind the murder is said to be non-fulfilment of dowry demand and also relations of the spouse being not cordial.3. Prosecution case, in brief, is that two days prior to the occurrence, Dhunni and H...
Mamta Kumari Vs. U.P. State Public Services Tribunal and Others
Court: Allahabad
Decided on: Oct-12-2000
Reported in: 2001(1)AWC273; [2001(89)FLR170]
Ashish N. Trivedi and Ikram-ul-Bari, JJ.1. We have heard learned counsel for the petitioner and Sri Rajiv Sharma, learned standing counsel appearing for the State in opposition to the writ petition and have examined the contentions and material on record.2. This writ petition is directed against the order dated 2.6.2000 passed in Claim Petition No. 612 of 2000 preferred by the petitioner before the U. P. State Public Service Tribunal (hereinafter referred to as Tribunal). The claim petition was dismissed by the Tribunal on the ground that the Tribunal had no jurisdiction to entertain the claim-petition.3. We are of the opinion that the Tribunal was perfectly justified not to entertain the claim petition preferred by the petitioner in view of the provisions contained in Section 4 of the U. P. Public Services (Tribunal) Act, 1976 (for short the Act).4. Sub-section (1) of Section 4 of the Act provides remedy to a person who is or has been a public servant with regard to claim in matters r...
Vaishnav Talkies Vs. State of U.P. and Others
Court: Allahabad
Decided on: Oct-12-2000
Reported in: 2000(4)AWC3117
R. K. Agarwal, J.1. The petitioner Vaishnav Talkies. Budhnapur, Azamgarh, through its partner Shri Subedar Singh has filed the present petition seeking a writ of certiorari quashing the order dated 6th July. 1992 passed by the District Entertainment Tax Officer respondent No. 3 on behalf of the District Magistrate, Azamgarh filed as Annexure-22 to the writ petition and also a writ of mandamus commanding the respondents to grant the licence to the petitioner under the grant-in-aid scheme dated 18th July. 1989 andto grant the facilities under the said grant in aid scheme.2. The petitioner claims itself to be a newly constructed cinema hall. According to the petitioner, on 20th July. 1991 the petitioner submitted an application seeking permission for the construction of a permanent cinema building under Rule 3 of U. P. Cinematograph Rules, 1951 (hereinafter referred to as the rules) before the District Magistrate, Azamgarh respondent No. 2. The respondent No. 2 asked for reports from the ...
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