Allahabad Court November 2000 Judgments
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Shakil Ahmed S/O Mohd. Ismail Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Nov-07-2000
Reported in: 2001CriLJ632
ORDERM.C. Jain, J.1. Criminal Misc. (Restoration) Application No. 45646 of 2000 has been made by the applicant/revisionist Shakil Ahmad for recall of order dated 28-4-2000 rejecting the first recall application No. 69044 of 1999. He is the husband and respondent Nos. 2 and 3 are admittedly his wife and minor daughter respectively.2. Relevant facts may be stated briefly for proper appreciation. The wife and minor daughter of the applicant/revisionist made an application against him under Section 125 of the Cr.P.C. for grant of maintenance allowance which was allowed by the Principal Judge of Family Court, Kanpur Nagar on 9- 2-1996 directing the payment of Rs. 300/- per month as maintenance allowance to the wife and Rs. 200/- per month as maintenance allowance to the daughter from the date of judgment i.e. 9-2-1996. The applicant/husband made an application under Section 126(2) of the Cr.P.C. (case No. 243 of 1998) for recall of the said order dated 9-2-1996 granting maintenance allowanc...
Prayag Up Nivesan Avas Avam Nirman Sahkari Samiti Vs. Faquir Chandra M ...
Court: Allahabad
Decided on: Nov-06-2000
Reported in: 2001(1)AWC218
S. Rafat Alam and Bhagwan Din, JJ.1. This appeal has been preferred against the order of the learned Civil Judge dated 25.3.1998 rejecting the application of the plaintiff under Order IX, Rule 9 of the C.P.C. for setting aside the order of dismissals of the suit under Rule 8 of Order IX. 2. We have heard Sri G. N. Verma, learned senior counsel appearing for the appellant and Sri Krishna Mohan, learned counsel appearing for the respondent. 3. The appellant filed Suit No. 573 of 1990 for specific performance. However, when the plaintiff-appellant failed to appear on the date of hearing, i.e., 4.1.1996, it was dismissed under Order IX, Rule 8 of the C.P.C. An application for restoration of the suit under Order IX, Rule 9 was moved on 2.2.1996 but the learned Ist Additional Civil Judge (Senior Division), Allahabad, by the order under appeal dated 25.3.1998, rejected the same, inter alia, on the ground that from the date of dismissal of the suit, i.e., 4.1.1996 till the date of filing of th...
Smt. Kanchan Mala Srivastava and Others Vs. Union of India and Others
Court: Allahabad
Decided on: Nov-06-2000
Reported in: 2001(1)AWC311; (2001)1UPLBEC515
ORDERBinod Kumar Roy and S. K. Jain, JJ.1.Through this writ petition, which was filed by Rajesh Kumar Srivastava, an invalidated Army Captain, who died on 4.9.1997 and substituted by his widow and minor children vide order dated 6.9.2000, a prayer has been made to quash the order dated August 2, 1991, as contained in Annexure-12 and the order dated January 8, 1996 as contained in Annexure SA-1.1.1. Annexure-12 is acommunication made by the UnderSecretary to the Government of India.Ministry of Defence to the Chief of the Army Staff, New Delhi, intimating the following : that he has been directed to say that it has been decided that the disability viz., schizophrenia on account of which the petitioner was invalidated out of service should be regarded as neither attributable to nor aggravated by his military service as the disease is constitutional in nature and unrelated to service.1.2 Annexure-SA1 is a communication made to the petitioner by the Additional Secretary to Government of Ind...
Malkhan Singh and ors. Vs. State of U.P.
Court: Allahabad
Decided on: Nov-06-2000
Reported in: 2001CriLJ933
S.K. Agarwal, J.1. Criminal Appeal No. 2387 of 1982 was preferred by Malkhan Singh, Narendra Kumar and Pratap Singh. Connected with this appeal are Criminal Appeal No. 2548 of 1982 and Criminal Appeal No. 2686 of 1982. These appeals are preferred by Om Pal and Shripal respectively.2. All the aforesaid appeals arise out of an order of conviction under Section 302/149, 147 and 148, I.P.C. of all the appellants. Malkhan Singh and Pratap Singh being armed with Lathi were convicted under Section 147, I.P.C. and sentenced to one year's R.I. Appellants Shripal and Om Pal were sentenced under Section 148, I.P.C. for holding pharsa and sword to two year's R.I. They all were also sentenced to R. I. for life under Sections 302/149, I.P.C. All the sentences were to run concurrently.3. The facts of the case, in brief, are that the occurrence in this case had taken place on 23-9-1981 at 4.30 p.m. in the Jungle (fields) of village Jarara near the field of Devi Singh. The place, where there incident h...
Krishna Murari Agrawal Alias Deepak Vs. District Magistrate, Jhansi an ...
Court: Allahabad
Decided on: Nov-06-2000
Reported in: 2001CriLJ949
ORDER1. The property of the petitioner was attached under Section 14(1) of the U.P. Gangsters & Anti-Social (Activities) Prevention Act 1986 by order of the District Magistrate, Jhansi.2. The petitioner made a representation against the order of attachment under Section 16(1) of the said Act. The District Magistrate by his order dated 12-10-2000 rejected the representation and referred the matter with his report to the Special Judge (Gangsters Act) in accordance with Section 16(1) of the Act. It is this order which is subject-matter of challenge in the present writ petition.3. We have heard Sri. UK Saxena, learned counsel for the petitioner at considerable length and have perused the record.4. The question whether the property attached has been acquired by a gangster as a result of the commission of an offence under U.P. Gangsters & Anti-Social Activities Prevention Act, 1986 is a pure question of fact. The claim of the petitioner that the property has not been acquired by commission o...
Santosh Kumar Srivastava Vs. Managing Director, U.P. Rajkiya Nirman Ni ...
Court: Allahabad
Decided on: Nov-03-2000
Reported in: 2001(1)AWC681; 2001CriLJ2054; (2001)1UPLBEC642
S. Rafat Alam, J.1. These are petitions under Section 12 of the Contempt of Court's Act for initiating contempt proceeding against the respondents for the alleged defiance of Division Bench judgment and order dated 24.5.1996 of this Court in Special Appeal No. 384 of 1993 and Writ Petition No. 16816 of 1993. Both the contempt petitions arise out of the common judgment and, therefore, they were heard together and are being disposed of by this judgment.2. Heard Sri K. M. L. Hajela assisted by Sri S. M. A. Kazmi, learned counsel for the petitioner and Sri Sunit Kumar, learned counsel appearing for the respondents.3. The short fact of the case giving rise to the contempt petition is the U. P. Rajkiya Nirman Nigam advertised 70 posts of Sub-Engineers (Civil) in the year 1988 inviting applications for appointment. The vacancy was subsequently increased from 70 to 146. The petitioners were diploma holders in civil engineering and being eligible applied in the prescribed proforma for selection...
Paras Nath Pandey Vs. Director, North Central Zone Cultural Centre, Al ...
Court: Allahabad
Decided on: Nov-02-2000
Reported in: 2001(1)AWC127; (2001)1UPLBEC109
A. K. Yog, J. 1. Heard Sri Rajiv Mishra, advocate, on behalf of the petitioner and Sri Vipin Sinha, advocate assisting Sri Navin Sinha, advocate, counsel for the respondent.2. Paras Nath Pandey, petitioner, was working on purely temporary basis vide appointment letter dated 11/16th September, 1987 at North Central Zone Cultural Centre, Nyaya Marg, Allahabad, (for short called 'N.C.Z.C.C.') as Hindi Stenographer (Annexure-1 to the Writ Petition). The fact that petitioner was working on temporary basis is not in dispute. N.C.Z.C.C. is said to be an authority as contemplated under Article 12, Constitution of India. Details of the complex and composition of N.C.Z.C.C. have been given in the supplementary-affidavit (sworn by petitioner, Paras Nath Pandey) which shows that it is a society registered under Registration of Societies Act. Executive Board, entrusted with the management of N.C.Z.C.C. consists of six Government officers out of total eleven members. Some of the members are from San...
Mukesh Glass Industries Vs. Station Master, Firozabad and Others
Court: Allahabad
Decided on: Nov-02-2000
Reported in: 2001(1)AWC139
S. K. Sen, C.J.1. We have heard Sri Rakesh Kumar Garg, learned advocate for the writ petitioner and Sri Shitla Sahai, learned advocate for the respondents.2. The petitioner is not a licensee or any other person acting on behalf of the licensee under clause (11) of U. P. Coal Control Order, 1977 and as such, in our view, there is no requirement of counter signature. Theview which, we have taken, is supported by the decision of unreported judgment of a Division Bench of this Court in the case of S. R. Glass Industries, Mainpuri Gate, Firozabad and others v. Station Master. Firozabad. Northern Railway and others. Writ Petition No. Nil of 1989, decided on 13.2.1989. In the aforesaid decision, it was held that since the petitioners are neither licensees nor persons acting on behalf of any licnesee within the meaning of clause (11) of U. P. Control Order, 1977, the opposite-parties are not justified in insisting that the coal consignment of the petitioners can be released only after they obt...
Jauwad Ali Vs. State of U. P. and Another
Court: Allahabad
Decided on: Nov-02-2000
Reported in: 2001(1)AWC309; (2001)1UPLBEC107
S. K. Sen, C. J.1. Heard learned counsel for the parties.2. The petitioner has challenged the impugned order dated August 7, 2000, whereby the Caste Certificate granted to the writ petitioner on June 21, 2000, by the Tehsildar, Tehsil Sahjanwan, district Gorakhpur (respondent No. 2) has been cancelled. By means of the present writ petition, the petitioner has challenged the legality and validity of the impugned order dated August 7, 2000, cancelling the Caste Certificate issued to the petitioner on June 21, 2000.3. It is the contention of the petitioner that the petitioner belongs to the 'Sheikh' caste and the said caste was recognized as Backward Caste by respondent No. 1., i.e., the State of Uttar Pradesh. The petitioner applied for issuance of the Caste Certificate before respondent No. 2. Respondent No. 2 after having made necessary enquiry issued the Caste Certificate in favour of the petitioner on June 21, 2000. By the impugned order dated August 7, 2000, respondent No. 2 has can...
Committee of Management, St. Charles Inter College and ors. Vs. Distri ...
Court: Allahabad
Decided on: Nov-02-2000
Reported in: (2001)1UPLBEC487
V.M. Sahai, J.1. Peter Albert/respondent No, 2 was appointed on a class IV post on 1.7.1997 in St. Charles Inter College, Sardhana, Meerut (in brief institution). His service record for the last 23 years was without any blemish. On 20.11,1999 the principal suspended him. He was issued charge-sheet on 15.12.1999. It was replied on 24.12.1999. All the four charges were denied. Sri B.D. Sharma a teacher was appointed enquiry officer. The enquiry proceedings were completed in absence of respondent No. 2. The report was submitted on 18.1.2000. The principal issued a show cause notice on 20.1.2000. It was replied on 1.2.2000. By order dated 4.2.2000 the principal dismissed the petitioner from service with effect from the date of suspension. He filed an appeal, challenging the order dated 4.2.2000, before the committee of management. It was dismissed. He filed a representation on 5.2.2000 under Chapter III, Regulation 31 of the Regulations framed under U.P. intermediate Education Act, 1921 (i...
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