Allahabad Court November 2000 Judgments
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Committee of Management, Faiz-e-am Inter College and Another Vs. Distr ...
Court: Allahabad
Decided on: Nov-08-2000
Reported in: 2001(1)AWC252; (2001)1UPLBEC120
ORDERV. M. Sahai, J.1. This writ petition has been filed by Committee of Management, Faiz-e-Am Inter College, Nagla Mewati, Tajganj, Agra (in brief Institution) and its manager challenging the order dated 1.6.2000 passed by the District Inspector of Schools setting aside the orders dated 22.5.1997 and 19.7.1997 suspending and terminating respondent No. 2/Fauran Singh who was working as Principal of the institution since 1984. 2. The in...
Parashu Ram Semwal Vs. Registrar, Hemwati Nandan Bahuguna Garhwal Univ ...
Court: Allahabad
Decided on: Nov-08-2000
Reported in: 2001(1)AWC321; (2001)1UPLBEC93
R. K. Agarwal, J.1. The petitioner, Parashu Ram Semwal has filed the present petition seeking a writ of certiorari quashing the orders dated 11.1.1988 passed by the Registrar, Hemwati Nandan Bahuguna, Garhwal University, Srinagar, Garhwal, respondent No. 1 (Copy of which has been filed as Annexure-5 to the writ petition) and order dated 5.8.1999 passed by the Chancellor, Hemwati Nandan Bahuguna, Garhwal University, respondent No. 3 (copy of which has been filed as Annexure-9 to the writ petition).2. The petitioner further seeks a writ in the nature of mandamus commanding the respondents to reinstate the petitioner with full back wages along with interest and all benefits of service and to pay his salary as and when it falls due.3. The facts of the case in brief are that according to the petitioner, he was appointed on daily wage basis as a clerk in the Garhwal University, Srinagar, Garhwal, on 1.4.1979. He was appointed on temporary basis on the sanctioned post of clerk on 1.4.1981 in ...
Kesar Enterprises Ltd. and Another Vs. State of U.P. and Others
Court: Allahabad
Decided on: Nov-08-2000
Reported in: 2001(1)AWC426
IntroductionYatindra Singh, J. 1. Country spirit is sold by retailers, who are selected by an auction sale. The contractors, who are selected after inviting sealed tenders, supply it in every district at fixed rates. They (contractors) before their selection also file an undertaking before the Excise Commissioner that they will abide by the rate fixed by him and in fact supply country spirit throughout the State at the same rate fixed by the Excise Commissioner. In light of these facts. What is the relevance of tendered rates by the contractors? Have they become irrelevant? Is there any point in calling sealed tenders? Can a contract still be awarded to a contractor on the basis of tendered rates?This is the main question involved in this writ petition. It arises on the following facts. The facts2. The Excise Commissioner, Allahabad, published a tender notice on 13.1.2000 inviting tenders for allotment of various districts to the contractors for supply of country spirit for the excise ...
Rajesh Trading Co. and Another Vs. U.P. Krishi Utpadan Mandi Parishad ...
Court: Allahabad
Decided on: Nov-08-2000
Reported in: 2001(1)AWC514
S. K. Sen, C.J.1. We have heard learned counsel for the parties and have perused the records.2. Writ Petition No. 5093 of 1993 has been filed by M/s. Rajesh Trading Co. through its partner Murari Lal, Writ Petition No. 5094 (M/B) of 1993 has been filed by M/s. Sri Shyam Dal and Oil Mills through its partner Rajesh Kumar and the Writ Petition No. 5095 (MB) of 1993 has been filed by M/s. G. L. Dal and OH Industries through its partner Suresh Kumar. Since in all these writ petitions the subject-matters challenged are common and identical, the same are being taken up together and are being disposed of by one and common order, as agreed by learned counsel for the parties.3. In the writ petition filed by M/s. Rajesh Trading Co., the petitioner has challenged the imposition of market fee on the grounds that he is not actually selling the goods in question, agricultural produce under Section 17(3)(B) of the U. P. Krishi Utpadan Mandi Adhiniyam, 1964 (hereinafter referred to as the Act) in the ...
Kamal Kishore Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Nov-08-2000
Reported in: 2001CriLJ924
ORDERS.K. Agarwal, J.1. Heard learned counsel for the petitioner and learned A.G.A.2. This petition has been rested on two points. Firstly quantum of maintenance and secondly that the fixation of maintenance allowance from the date of application is without recording any reasons by the trial Court.3. So far as the first contention is concerned, I do not find any merit in the same.4. Coming to the second contention advanced by learned counsel for the applicant, I felt some force but when I went through the judgment I find that application has levelled charges of adultery against his wife, the opposite party No. 2 to the petition, without proving the same in the Court. Such habit is generally rampant and reckless charges of corrupt life against the wife are levelled without any hesitation by the husbands. Such a conduct on the part of the husbands is incomprehensible and this practice is to be deprecated. If such charges are levelled and not proved it cannot be said that the Court has fi...
Raksha Ram Urf Shukul Vs. State of U.P.
Court: Allahabad
Decided on: Nov-08-2000
Reported in: 2001CriLJ2052
1. Both, the Criminal Appeal as well as Capital Sentence Reference arise out of the same judgment and order dated 22-5-2000 passed by Sri Sardar Akhtar, Special Judge, (S.C./S.T. Act), Gonda in Sessions Trial (Special) No. 136 of 1996, whereby the appellant has been convicted of death sentence together with fine amounting to Rs. 10,000/- for the offence punishable Under Section 302, I.P.C., ten years R.I. and a fine amounting to Rs. 5,000/ - for the offence punishable under Section 364, I.P.C., seven years R.I. and a fine amounting to Rs. 5,000/- for the offence punishable Under Section 201, I.P.C. and imprisonment for life and a fine amounting to Rs. 5.000/- for the offence punishable Under Section 3(2)(5), S.C./S.T. Act.2. We have heard the learned counsel for the parties and have gone through the record.3. In the instant case, no one is alleged tc have seen the occurrence of murder etc. and the prosecution has built its case on circumstantial evidence. It was held by the Hon'ble Sup...
Kamal Kishore Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-08-2000
Reported in: I(2001)DMC313
S.K. Agarwal, J.1. Heard learned Counsel for the petitioner and learned A.G.A.This petition has been rested on two points. Firstly quantum of maintenance and secondly that the fixation of maintenance allowance from the date of application is without recording any reasons by the Trial Court.2. So far as the first contention is concerned I do not find any merit in the same.3. Coming to the second contention advanced by learned Counsel for the applicant, I felt some force but when I went through the judgment I find that applicant has levelled charges of adultry against his wife, the opposite party No. 2 to the petition, without proving the same in the Court. Such habit is generally rampant and reckless charges of corrupt life against the wife are levelled without any hesitation by the husbands. Such a conduct on the part of the husbands is incomprehensible and this practice is to be deprecated. If such charges are levelled and not proved it cannot be said that the Court has fixed maintena...
Smt. Vimla Devi Gaur Vs. Anil Kumar JaIn and Others
Court: Allahabad
Decided on: Nov-07-2000
Reported in: 2001(1)AWC132
R. H. Zaidi, J. 1. Heard learned counsel for the parties. 2. By means of this application under Section 24, C.P.C., applicant prays for transfer of Smt. Vimla Devi Gaur v. Anil Kumar Jain and others. Misc. Case No. 113 of 1998, pending before the Civil Judge (Junior Division). Haridwar, as well as Smt. Vimla Devi Gaur v. Anil Kumar and others, Civil Revision No. Nil of 2000, arising out of an order dated 23rd November, 1999 passed by the Civil Judge (Junior Division), Haridwar pending before the 1st Additional District Judge, Haridwar from district Haridwar to any civil court either in district Bulandshahr, Meerut, Bijnor, Saharanpur or Dehradun. 3. Learned counsel appearing for the contesting respondents, Shri S. K. Mishra objected to the maintainability of the present application. It was urged that the applicant, Smt. Vimla Devi Gaur earlier filed transfer applications which were registered as Transfer Application No. 174 of 2000 and Transfer Application No. 175 of 2000, for transfer...
Dharam Vir Singh Vs. State of U.P. and Others
Court: Allahabad
Decided on: Nov-07-2000
Reported in: 2001(1)AWC254; (2001)1UPLBEC146
M. C. Jain, J.1. This is a plaintiff's second appeal preferred against the judgment and decree dated 11.4.1977 passed by Sri R. P. Misra, the then Civil Judge, Muzaffarnagar in Civil Appeal No. 93 of 1976 arising out of Original Suit No. 498 of 1972, Dharam Vir Singh v. State of U. P. and another, of the Court of the then Munsif, Kairana, district Muzaffarnagar. Respondent Nos. 1 to 3 are the State of U. P., Director of Education, U. P. at Allahabad and District Inspector of Schools, Muzaffarnagar respectively whereas respondent No. 4 is the Manager, Ram Dai Inter College, Sikka (Silwar). Muzaffarnagar.2. The case giving rise to the second appeal may be stated briefly for proper appreciation. The plaintiff/appellant Dharam Vir Singh brought the suit in the lower court for recovery of Rs. 4,153.12 as arrears of his salary for the period 8.7.1971 to 7.7.1972 together with interim relief. His case was that in consequence of advertisement for the post of a lecturer in Biology subject in Ra...
Chandra Pal Singh Vs. Udai Pal Singh and Others
Court: Allahabad
Decided on: Nov-07-2000
Reported in: 2001(3)AWC1824
M.C. Jain, J.1. This second appeal has been filed by the defendant/appellant against the judgment and decree dated 26.11.1992 passed by Sri Pooran Singh, the then Special Judge/ Additional District Judge, Bulandshahr in First Appeal No. 262 of 1974 arising out of Original Suit No. 189 of 1972 of the Court of Civil Judge, Bulandshahr.2. The relevant facts may be stated briefly. The plaintiff/ respondent No. 1 filed a suit in the trial court for the recovery of possession of the property in question against the defendant No. 1/appellant and two others arrayed as respondent Nos. 2 and 3 in this appeal, on the ground that he was the owner of the disputed kothi. The defendant No. 1/appellant is his real brother. He reposed full confidence in his brother-defendant/appellant. He was in service and sent Rs. 9,400 by bank draft to his brother defendant No. 1/appellant in 1964 and also paid to him a sum of Rs. 2,000 in cash for the purchase of land and construction of a kothi. The defendant No. ...
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