Allahabad Court December 2000 Judgments
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Ashraf Ali Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Dec-07-2000
Reported in: 2001CriLJ1120
ORDERV.K. Chaturvedi, J.1. These two criminal revisions have been preferred by same revisionist Ashraf Ali against two different orders one dated 18-10-2000 and another dated 3-11-2000 both passed by Mr. V.K. Gupta, IInd Add. District and Sessions Judge, Muzaffarnagar in the same sessions trial No. 906 of 1996. in Criminal Revision No. 2297 of 2000, by the impugned order dated 18-10-2000 bail of the revisionist was cancelled, his bail bonds were forfeited and notices were issued to the sureties as to why the amount of bail bonds should not be recovered from them. Whereas in the connected Revision No. 2448 of 2000, by the impugned order dated 3-11-2000, the S.H.O. of police station concerned has been directed to execute non-bailable warrant issued against the revisionist.2. Before proceeding further, it appears necessary to mention here that the revisionist is facing trial under Section 147, 427, 504, 506 IPC read with Section 3(1), S.C.S.T. Act in S.T. No. 906 of 1996 before the Court ...
People Union for Civil Liberties Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-06-2000
Reported in: 2001(1)AWC1; (2001)1UPLBEC3
G. P. Mathur, J.1. This petition under Article 226 of the Constitution has been filed by Peoples Union for Civil Liberties (for short P.U.C.L.) praying that a writ of mandamus be issued commanding the Central Bureau of Investigation to investigate the incident which occurred on May 18, 2000 in which women were subjected to inhuman treatment and lathi charge by the police at Dehradun and for commanding the State of U. P. to hold disciplinary enquiry against the erring officers and to punish them in accordance with law and also for a direction to respondents to pay compensation to the victims of police atrocities.2. The petitioner (P.U.C.L.) claims that it is an organisation which is dedicated to upholding of human right, civil liberties and democratic rights. According to the petitioner, an organisation known as Uttarakhand Mahila Manch (hereinafter referred to as Mahila Manch) used to stage regular 'dharnas' in the Court campus of Dehradun in connection with their demand of separate Ut...
Mahavir Singh Rawat Vs. Union of India and Others
Court: Allahabad
Decided on: Dec-06-2000
Reported in: 2001(1)AWC363; (2001)1UPLBEC626
O. P. Garg, J.1. The petitioner Mahabir Singh Rawat - a young boy imbued with an intense desire to serve the mother land, entered the Army Service at the age of around 17 years. Before he could pass through his hey days by ceaselessly toiling in the department, he was unfortunately boarded out within a period of about five years on account of affliction of a disease, known as Nurosis Anxiety, resulting in down-gradation of his medical category from 'A' to 'E' thereby rendering him unfit to continue in active service. The claim of disability pension preferred by him after having been boarded out and for an alternative appointment met with a Nelson's eye of the department. It is in these circumstances that the petitioner has to take the shelter of this Court by invoking the extraordinary jurisdiction under Article 226 of the Constitution of India.2. The wood-cut profile of the case is that the petitioner, whose date of birth is 10th May, 1958 was enrolled in the service of Indian Army as...
Chandra Bhushan Tiwari Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-06-2000
Reported in: 2001(1)AWC383; (2001)3UPLBEC2551
Shyamal Kumar Sen, C.J.1. We have heard Sri Ashwani Kumar for the appellant and Sri B. N. Misra, learned standing counsel for the State.2. In the instant special appeal, the appellant has challenged the jurisdiction of the learned single Judge to take up the matter and pass order dismissing his writ petition. It has been submitted by Sri Ashwani Kumar, learned advocate for the appellant that the order was passed on 11th October, 2000, when the learned single Judge was taking up service writs relating to cooperative societies and matter for orders, admission and hearing.3. The appellant was working as a driver in the office of Assistant Sugar Commissioner, respondent No. 4 who admittedly was not working with the cooperative societies. It is well-settled that the Chief Justice alone has power to confer jurisdiction on the Judges as to what matter a Judge shall take up. In this connection Mr. Ashwani Kumar has relied upon a decision of the Supreme Court in State of Rajasthan v. Prakash Ch...
Alok Sinha Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-06-2000
Reported in: 2001(1)AWC562; [2001(89)FLR560]; (2001)2UPLBEC1868
M. Quddusi, J.1. Heard learned counsel for the petitioner and learned standing counsel.2. The instant writ petition has been filed against the order dated 17th October, 2000 passed by District Horticulture Officer. Barabanki, by means of which the petitioner who was working on daily wages basis has been denied regularisation on Group 'C' post on the ground that he was not appointed directly against any available vacancy.3. The petitioner was appointed as typist on daily wages basis. It is admitted case of the opposite parties that he is continuously working on daily wages basis since July, 1990 but his engagement was not made against any available vacancy in Group C post and was only engaged on muster roll. His representation has been rejected in this regard which was directed to be decided vide order dated 13.1.2000, passed by this Court in his earlier Writ Petition No. 5094 (S/S) of 1990, in which it was directed that since the petitioner is working on dally wages basis since 1987, t...
Committee of Management , R.B. Rao Intermediate College and Another Vs ...
Court: Allahabad
Decided on: Dec-06-2000
Reported in: 2001(1)AWC764; [2001(90)FLR777]; (2001)1UPLBEC706
V. M. Sahai, J.1. Dhrup Deo Dubey was working as chaukidar on a class-IV post in Ram Bilas Rao Intermediate College. Rampur Buzurg, Salempur, Deoria. He died in-harness on 28.3.1999, leaving behind Smt. Subhawati Devi his widow, a minor son and a minor daughter. The widow claimed appointment under the Dying-in-Harness Rules. On25.1.2000, the District Inspector of Schools, Deoria (in brief D.I.O.S.) called for report from the Manager/ Principal. The District Committee constituted under notification dated 2.2.1995 considered the petitioner's claim and found the widow entitled for appointment under the Dying-in-Harness Rules. The D.I.O.S. on 23.8.2000 directed the Manager/ Principal to appoint Smt. Subhawati Devi. The petitioners made a representation on 15.9.2000 to D.I.O.S. that order dated 23.8.2000 be cancelled. The manager alleged that Smt. Subhawati Devi is aged 60 years. He raised dispute about date of birth of the widow. And stated that son of the deceased who is a minor be given ...
State of U.P. Vs. Surendra Singh Tiwari and ors.
Court: Allahabad
Decided on: Dec-06-2000
Reported in: 2001CriLJ1403
1. This Government Appeal is filed against the judgment and order dated 22-5-1990 of Sri R.S. Pandey, Additional Sessions Judge, Karvi, district Banda whereby the accused respondents 1 to 10 have been acquitted of the offences punishable Under Sections 147, 148, 302, 323 and 149, I.P.C.2. According to the prosecution case, an incident occurred at about 8.00 a.m. on 4-7-1986 in the field of the complainant, Anurudh Kumar wherein Juguntha was 'shot dead and Anurudh Rastogi, his brother, Arun Kumar Rastogi, Hari Mohan (Halwaha) and Jagdish Prasad, father of Anurudh Kumar sustained blunt object injuries. Surendra Singh, respondent No. 1 is said to be armed with a 'Pharsa', respondent Dinesh Singh with a double barrel gun, Manrakhan Singh with a single barrel gun and the rest of the accused respondents with lathi. It is alleged that all those 10 persons forming an unlawful assembly came at the field of Smt. Prema Devi Rastogi, mother of Anurudh Kumar, where Anurudh alongwith his brother Aru...
Sri Pati Tiwari Vs. Sadhan Sahkari Samiti and Others
Court: Allahabad
Decided on: Dec-05-2000
Reported in: 2001(1)AWC637
Pradeep Kant, J.1. The petitioner, being aggrieved by the order passed in appeal under Section 98 of the U. P. Cooperative Societies Act (hereinafter referred to as the Act) bythe District Assistant Registrar, Cooperative Societies, U. P., has approached this Court under Article 226 of the Constitution of India.2. Sadhan Sahkari Samiti, Lohramau district Sultanpur initiated recovery proceedings against the petitioner in respect of a loan which was said to have been taken by the petitioner in repayment whereof he committed default. The petitioner approached the Arbitrator under Section 70 of the Act, which matter was referred to the Additional District Cooperative Officer, Sultanpur and thus the Additional District Cooperative Officer was appointed as Arbitrator under the orders of the Registrar. Before the Arbitrator, the petitioner as well as Sadhan Sahkari Samiti laid their claim. Petitioner's main contention was that, firstly, he was not the person entitled for having a loan to the ...
Shri Pal Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-05-2000
Reported in: 2001(1)AWC761
V. M. Sahai, J.1. Sri Raghuvar Singh Samta Vidyalay, Auraiya is arecognised and aided institution under the U. P. Recognised Basic School (Junior High School Recruitment and Conditions of Services of Teachers) Rules, 1978 (in brief Rules 1978). The institution is managed by a private committee of management and is not maintained by the Board. Therefore, the provisions of U. P. Junior High School (Payment of Salaries of Teachers and Other Employees) Act, 1978 (in brief Salaries Act) is applicable. The service condition of teachers working in the institution are governed by Rules 1978.2. The institution was granted permission on 30.7.1988 to open a new section. But no posts were created or sanctioned by the Director, as provided by Section 7 of the Salaries Act. A post of assistant teacher was vacant in the institution. The management advertised the vacancy and the petitioner was selected. And appointment letter was issued to him on 28.6.1992. He Joined on 1.7.1992. Approval to his appoi...
Rakesh Kumar Singh Vs. State of U.P. and Others
Court: Allahabad
Decided on: Dec-04-2000
Reported in: 2001(1)AWC20
Binod Kumar Roy and A. K. Yog, JJ.1. The prayer contained in the present petition are to the effect that this Court may be pleased to issue a writ, order or direction in the nature of certiorari and quash the impugned orders dated 13.10.1999 and 2.11.1999 (Annexures-1 and 2 to the petition) and a writ of mandamus directing the respondents not to interfere with the proper functioning of the Post Partum Centre in the new District Hospital (Ram Prasad Bismil District Hospital), Shahjahanpur apart from other usual reliefs.2. Annexure-1 to the petition is the letter from the Director General, Rashtriya Karyakram Anushrawan Evam Mulyankan, Family Welfare Directorate, U. P. Lucknow addressed to the Chief Medical Superintendent, Shahjahanpur requiring him not to shift the old centre to the new building and maintain status quo in compliance to earlier order dated 7.7.1999. Annexure-2 to the petition is an order of Chief Medical Superintendent, District Women's Hospital, Shahjahanpur, referring ...
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