Allahabad Court December 2000 Judgments
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Committee of Management, Shri Sai Sansthan, Agra and Others Vs. Deputy ...
Court: Allahabad
Decided on: Dec-15-2000
Reported in: 2001(1)AWC468
O. P Garg, J.1. Sri Sai Sansthan, Shri Sirdi Sal Baba Mandir, behind Rakabganj in district Agra is a Society registered on 31.8.1999 under the Societies Registration Act (for short 'Act') with its President Smt. Kusum Singhal and Secretary Rajiv Sharma. Fed up with the irregularities and indiscipline, Smt. Kusum Singhal tendered her resignation from the post of Adhyaksh on 17.10.2000, which reached the Deputy Registrar, respondent No. 1. With a view of initiate action/enquiry under Section 23 of the Act, the Dy. Registrar issued a notice to Rajiv Sharma Secretary on 17.10.2000 to require him to produce the documents including the proceedings book of the Society, cash book, agenda, register and receipt book, etc. On 19.10.2000, Rajiv Sharma sought one week's time to produce the record. One Pawan Goyal, who has now been impleaded as respondent No. 2, made a complaint to the Dy. Registrar alleging that no general or annual meeting of the Society had been convened and serious financial irr...
Pravesh Kumar Vs. Vice-chancellor, B.H.U. and Others
Court: Allahabad
Decided on: Dec-15-2000
Reported in: 2001(1)AWC498; (2001)1UPLBEC432
G. P. Mathur, J. 1. Having failed before the learned single Judge to get any relief, the writ petitioner has preferred the present special appeal. 2. Banaras Hindu University (hereinafter referred to as the University) has an Institute of Medical Sciences which imparts instructions for M.B.B.S. course. Post Graduate Courses for M.D. and M.S. degrees and super specialities leading to D.M. and M.Ch. degrees. There are 55 general seats besides 4 seats for foreign nationals in the M.B.B.S. course. The admission to M.B.B.S. course is done on the basis of a competitive examination known as Pre-Medical Test (for short PMT). The appellant claims to have applied and appeared in PMT-2000. The result of the said examination was declared on June 25, 2000 in which his name stood at serial No. 29 in the merit list. He was issued a call letter to appear for counselling on July 25. 2000. The admission committee, which consisted of five members of the Institute, found substantial difference in the hand...
Anuradha Vs. Director, U.P. Rajya Shikshak Anusandhan Evam Prakashan S ...
Court: Allahabad
Decided on: Dec-15-2000
Reported in: (2001)1UPLBEC754
Palok Basu and R.K. Agrawal, JJ.1. The Special Appeal arises out of an order of the learned Single Judge denying the petitioner the relief claimed through her writ petition seeking admission to the B.T.C. training course for the relevant year.2. After hearing Shri Manu Saxena, Advocate holding brief of Shri Ajit Kumar, there appear sufficient reason explaining the absence of the Counsel on the last hearing and also explaining the delay in filing the restoration application. Shri P. K. Singhal, learned Standing Counsel has been heard opposition.3. There being sufficient grounds for condoning the delay as well as restoring the matter to the original number, both applications consequently, are allowed. Special appeal is thus restored to its original number. The principal argument advanced by the learned Counsel for the petitioner is that had the benefit of the qualification emanating from obtaining the certificate from N.C.C. is extended to the petitioner, she should have been awarded 53 ...
Lalta Prasad Dubey Vs. Director General of Police and ors.
Court: Allahabad
Decided on: Dec-15-2000
Reported in: 2001CriLJ1122
G.P. Mathur, J.1. This writ petition under Article 226 of the Constitution has been filed praying that a writ of mandamus be issued directing the Superintendent of Police, Jaunpur to comply with the order dated 10-5-2000 passed by the learned IIIrd Addl. Sessions Judge, Jaunpur in S.T. No. 340 of 1998.2. We have heard learned counsel for the petitioner, learned A.G.A. for the State and have perused the record.3. It is averred in the writ petition that an incident took place in which three persons including the nephew of the petitioner were murdered. After investigation, chargesheet was submitted against the accused and in due course, the case was committed to the Court of Sessions for trial. The trial has been registered as S.T. No. 340 of 1998 and is pending in the Court of learned IIIrd Addl. Sessions Judge, Jaunpur. The petitioner is an eye-witness of the aforesaid case. It is also averred in the writ petition that the accused are hardened criminals and they are extending threats to...
Paras Nath and Saten Kumar Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-14-2000
Reported in: 2001(1)AWC663
S. K. Sen, C. J. 1. Heard Shri M. D. Singh, learned counsel for the petitioners. 2. The instant writ petition has been filed challenging the election on two grounds. Firstly, that voter's name was included in two wards and secondly, the candidate was not duly qualified since he was below age. Both the grounds are covered by our judgment wherein it has been held that election petition is appropriate remedy. So far as the first ground is concerned, we have already held today in Writ Petition No. 53873 of 2000 that the petitioner has an equally efficacious and speedy alternative remedy by way of filing an election petition. So far as other ground is concerned, Section 19C provides as follows : '19(c) that such person was not qualified to be nominated as a candidate for election or that the nomination paper of the petitioner was improperly rejected.'3. It has been averred that under Section 13D, disqualification has been prescribed. Since the elected member is below age he is disqualified....
Monsarif Khan (In Jail) Vs. State of U.P.
Court: Allahabad
Decided on: Dec-14-2000
Reported in: 2001CriLJ2544
S.K. Agarwal, J.1. This criminal appeal has been preferred by appellant Munsarif against his conviction under Section 304(1) I.P.C. and consequent sentence of 5 years R.I. passed by Sessions Judge, Bahraich.2. Brief facts of the case are that Ibrahim has two sons, appellant and his elder brother deceased Lal Mohammad. These 3 persons were living separately in the same premises. On 23rd of June, 1985 at about 6.00 P.M. a quarrel between Lal Mohammad, deceased and accused appellant Munsarif took place on account of some disturbance to the wooden partition (TATIYA). It is claimed that Munsarif, appellant, disturbed that and Lal Mohammad was re-arranging it. Munsarif in the meantime struck him a Lathi blow on the head. As a result of the blow, Lal Mohammad fell down. He was taken for medical aid on 24-6-1985 at 1.10 P.M. He was examined by Dr. Nanak Chand. An injury measuring 2 cm x 1/4 cm x 1/4 cm on the forehead 11 cm from the root of nose was noticed. The injured was advised for X-ray o...
Shamsher Singh Vs. General Manager (Personnel), Punjab and Sind Bank/R ...
Court: Allahabad
Decided on: Dec-13-2000
Reported in: 2001(1)AWC388; [2001(88)FLR368]; (2001)ILLJ1226All; (2001)1UPLBEC686
Dev Kant Trivedi, J.1. These two writ petitions have been preferred by Sri Shamsher Singh. erstwhile Branch Manager, Punjab and Sind Bank, against his employer. By means of the first writ petition, the petitioner challenged his compulsory retirement from service of Punjab and Sind Bank, and the second writ petition was preferred by the petitioner assailing the denial of pensionary benefits consequent on his compulsory retirement from service.2. Since both the writ petitions are inter-connected, the same are being disposed of by this common judgment. 3. The petitioner was put under suspension by the order of Regional Manager on 24.11.1992. He was served with the statement of the allegations. A copy of the charge-sheet, however, was not supplied to the petitioner inspite of the request having been made. Sri S. K. Bahal, Manager, was appointed as enquiring authority who submitted his enquiry report on 28.8.1993. Zonal Manager, acting in the capacity of disciplinary authority, accepted the...
Nuclear Power Corporation of India Ltd. Vs. Special Land Acquisition O ...
Court: Allahabad
Decided on: Dec-13-2000
Reported in: 2001(1)AWC771; (2001)1UPLBEC557
Palok Basu, J.1. Beforeproceeding with the matter on merits, it may be observed at the outset that the petitioner who is engaged in one of the most important defence activity of the nation has been compulsively forced to enter into the instant litigation through these six writ petitions emanating through wholly illegal, unsound and awesome proceedings initiated admittedly after seven years of the award under the Land Acquisition Act became final. The Court desires that in such matters, the District Magistrate himself should examine the legal provisions and then only make up his mind as to whether or not reopening by whatever method of land acquisition proceedings is needed.2. In factual basis, the Court has made the Writ Petition No. 28954 of 2000 as a leading one and the other five writ petitions shall be governed by this judgment and wherever necessary, the dates and names will aptly stand automatically substituted. The controversy is one and the same. The points argued are also simi...
British India Corporation Ltd. and anr. Vs. B.P. Gupta, Inspecting Ass ...
Court: Allahabad
Decided on: Dec-13-2000
Reported in: [2002]255ITR579(All)
M. Katju, J. 1. This writ petition has been filed for quashing the impugned order of the Income-tax Appellate Tribunal, dated March 8, 1983, annexure G to the writ petition, as well as the order dated January 30, 1978, passed by the Inspecting Assistant Commissioner of Income-tax vide annexure F to the petition.2. The case relates to the Business Profits Tax Act, 1947. The petitioner is a public limited company incorporated under the Indian Companies Act, 1913, and is now a Government company as it has been taken over by the Central Government.3. The petitioner submitted four returns for the chargeable accounting periods, namely, for periods ending December 31, 1946, December 31, 1947, December 31, 1948 and March 31, 1949. In respect of these periods, provisional assessments were made under Section 13 of the Act on various dates from December 27, 1948 to January 22, 1951, and the tax determined under the provisional assessments was paid. The regular assessment was made on December 31, ...
Dr. Shyam Badan Singh Vs. Chancellor, D.D.U. Gorakpur University and O ...
Court: Allahabad
Decided on: Dec-12-2000
Reported in: 2001(1)AWC378; (2002)1UPLBEC152
S. R. Singh, J.1. Challenge herein is to the legality of the order dated 13.9.2000 being Annexure-7 to the writ petition passed by the Chancellor, Deen Dayal Upadhyay, Gorakhpur University, Gorakhpur (in short the 'University'). By means of the impugned order, the Chancellor has set aside the order dated 17.12.1968 of the Vice Chancellor and declared the respondent Dr. Prem Chand Singh, a lecturer in the Udit Narayan Post Graduate College. Padrauna, district Kushinagar, as the senior most teacher in the college. The Vice Chancellor by his order dated 17.12.1968 had declared the petitioner to be the senior most teacher. The representation filed by respondent Dr. Prem Chand Singh having been allowed by the Chancellor, the petitioner has approached this Court for quashing the order passed by the Chancellor. 2. The facts giving rise to this writ petition lie in a short compass. The petitioner was originally appointed Lecturer in Murli Manohar Town Post Graduate College, Ballia, where he wo...
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