Allahabad Court February 2000 Judgments
Jagdish Prasad Tiwari Vs. the Commissioner, Agra Division and ors.
Court: Allahabad
Decided on: Feb-25-2000
Reported in: (2000)2UPLBEC1318
G.P. Mathur, J.1. This special appeal has been directed against the judgment and order dated 29.1.1998 of learned Single Judge by which Civil Misc. Writ Petition No. 2167 of 1974 filed by the appellant challenging the order of termination of service was dismissed. The order dated 7.1.2000 by which the review petition filed by the appellant was rejected has also been impugned in the present appeal.2. Learned Counsel has contended that the services of the appellant were terminated by way of punishment and as no show cause notice or opportunity of hearing was given to him, the same was illegal having been passed in violation of provisions of Article 311(2) of the Constitution. In support of his submission be has placed reliance on Dipti Prakash Banerji v. Satendra Nath National Institute, 1999 (2) Supreme 34 and Radhey Shyam Gupta v. U.P. State Agra Corporation, 1999 (1) ESC 314 (SC): 1998 (9) Supreme 504.3. The appellant Jagdish Prasad Tiwari was initially appointed on ad hoc basis for a...
Tag this Judgment!Kanchan Singh Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Feb-25-2000
Reported in: 2000CriLJ4572
ORDERB.K. Rathi, J.1. This is a petition under Section 482, Cr.P.C. to quash the order dated 21-8-1999 passed by IXth Additional Sessions Judge, Kanpur Nagar in S.T. No. 536 of 1993.2. The following facts are admitted. An F.I.R. was lodged nominating the opposite party No. 2,Shail Kumari and certain other persons. The other accused of the case except Shall Kumari, opposite party No. 2 were committed to the Court of Session and therefore, the case was registered as S.T. No. 795 of 1992. The charges were framed in the same. In the meantime Shall Kumari, opposite party No. 2 was also committed to the Court of Session and her sessions trial was registered at S.T. No. 536 of 1993 and it was sent for trial to the same Court where S.T. No. 795 of 1992 was pending. The charge was framed against Shail Kumari, opposite party No. 2 as well and evidence of several witnesses was recorded. Thereafter, an application was moved by Shail Kumari, opposite party No. 2 to recall the witnesses on the groun...
Tag this Judgment!Smt. Shashi Sharma Vs. State of U. P. and Another
Court: Allahabad
Decided on: Feb-24-2000
Reported in: 2000(3)AWC2202; (2000)3UPLBEC2630
Amarbir Singh Gill, J. 1. Thepetitioner being aggrieved of order dated 25.11.1998 cancelling her appointment as member Consumer Dispute Redressal Forum No. 1 (In brief District Forum No. 1). Bareilly, has approached this Court seeking issuance of writ, order or direction in the nature of certlorari quashing the same impugned order as contained in Annexure-2 to the writ petition and for issuance of mandamus prohibiting the opposite parties from taking any steps to appoint any member in her place.2. The case of the petitioner is that she was duly selected and appointed by the State Government on November 23. 1998 as member of District Forum No. 1 at Bareilly against a vacancy of woman member. There are two separate District Forums having separate Chairman, Jurisdiction and functioning at Bareilly. The husband of the petitioner is already working as member in District Forum No. 2 before her appointment as woman member of District Forum No. I. She has been appointed against a clear vacancy...
Tag this Judgment!Chhannoo Lal (In Jail) Vs. State of U.P.
Court: Allahabad
Decided on: Feb-24-2000
Reported in: 2000CriLJ2787
M.C. Jain, J.1. The present reference and criminal appeal arise out of the judgment and order dated 30-1-1999 passed by Sri Satti Deen Special/Additional Sessions Judge, Mirzapur in Sessions Trial No. 85 of 1995, Chhannu Lal Nikhaddi alias Vishwanath Miyane alias Shiv Nath sons of Gopi and Kamil alias Pagli widow of Mannu Lal resident of Solipi, police station Chunar, District Mirzapur were tried in the said Sessions Trial for triple murder of Pavitri Devi alias Munni and her two daughters, namely, Km. Vijay Laxmi aged about 4 or 5 years and Km. Parwati aged about 4 months. Pavitri Devi was the wife of accused Chhannu Lal. Accused Kemli alias Pagli is the wife of Late Munnu Lal brother of Nikhaddi alias Vishva Nath and Miyana alias Shiv Nath. Accused Nikhaddi alias Vishwa Nath, Miyana alias Shiv Nath and Kamli alias Pagli were acquitted. However, learned Additional Sessions Judge convicted the accused Chhannu Lal under Sections 302 and 201, IPC. He has been awarded death sentence for t...
Tag this Judgment!State Vs. Ramesh
Court: Allahabad
Decided on: Feb-24-2000
Reported in: 2000CriLJ2855
M.C. Jain, J.1. These three criminal appeals have been filed by the State against the judgment of acquittal dated 23-7-1980 passed by Sri Manphool Singh, the then II addl. Sessions Judge. Bulandshahr in S.T. 294, 385 and 398 OF 1979 which were tried together. These three appeals are being decided by this common judgment, treating Criminal Appeal No. 2418 of 1980 as leading appeal. All the seven accused opposite parties were accused in one or the other sessions trial numbered above. They are 1. Ramesh. 2. Yad Ram, 3. Om Prakash son of Yad Ram, 4. Manvir son of Yad Ram, 5. Brahm Deo alias Brahmjit, 6. Soran Lal and 7. Om Prakash son of Shankar. They were tried for the offences under Section 147, 148 and 302 I.P.C. read with Section 149 I.P.C. All of them have been acquitted by the impugned judgment. Aggrieved, the State has preferred these three appeals.2. The relevant facts may be taken note of. The case against the accused opposite parties Ramesh and Om Prakash son of Shankar was based...
Tag this Judgment!Tunnu Vs. Superintendent, District Jail and ors.
Court: Allahabad
Decided on: Feb-24-2000
Reported in: 2000CriLJ3349
R.R.K. Trivedi, J.1. Questions of fact and law involved in both the aforesaid petitions are similar and they can be disposed of finally by a common judgment against which learned counsel for the parties have no objection. Writ petition No. 47031 of 1999 shall be the leading case.2. Petitioners, Tunnu and Kabir Ahmad have filed aforesaid writ petitions questioning the legality of the order dated 28-7-1999 (Annexure I to both the writ petitions) passed by respondent No. 2, District Magistrate, Ballia, under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as the Act), under which they have been detained.3. Along with the order of detention petitioners were also served with the grounds on which basis respondent No. 2 formed his subjective satisfaction for passing the order of detention. The facts stated in the grounds are, in brief, being mentioned below.4. In the grounds it is stated that on 14-7-1999 at 10 p.m. in the night in town Sikanderpur, District Ballia tr...
Tag this Judgment!Oriental Fire and Genl. Ins. Co. Ltd. and anr. Vs. V.D. Naithani and o ...
Court: Allahabad
Decided on: Feb-24-2000
Reported in: 2000ACJ939
U.S. Tripathi, J.1. The above first appeal from order has been directed against the judgment and order/award dated 19.12.1983 in Motor Accident Claim Case No. 2 of 1979, passed by Motor Accidents Claims Tribunal, Pauri Garhwal Camp at Kotdwara, awarding a sum of Rs. 44,000 (Rupees forty-four thousand) with interest at the rate of 9 per cent per annum from the date of application, i.e., 22.12.1978 up to the date of payment.2. The respondent No. 1 has also filed cross-objection against the above award for enhancement of compensation.3. The facts, giving rise to this appeal and cross-objection, briefly narrated were that the respondent No. 1-claimant, V.D. Naithani, aged about 44 years at the time of accident was employed as Sanitary Inspector/Food Inspector at Jahrikhal, District Pauri Garhwal and was getting Rs. 723 per month as his salary. He had also a touring job. On 20.6.1978 he was travelling from Pauri to go to Gumkhal in bus No. UPY 1841 owned by one Harish Prasad Ghildyal respon...
Tag this Judgment!Teacher Association of Sanatan Dharam (P.G.) College and Others Vs. Ch ...
Court: Allahabad
Decided on: Feb-23-2000
Reported in: 2000(2)AWC1336; (2000)2UPLBEC1513
M. Katju and D. R. Chaudhary,JJ. 1. Heard learned counsel for the parties.2. The controversy in this case is as to who is entitled to officiate as Principal of Sanatan Dharm (P.G.) College, Muzaffarnagar, which is affiliated to Chaudhary Charan Singh University, Meerut.3. In our opinion, the decision of the Full Bench of this Court in Radha Raizada and others v. Committee of Management, Vidyawati Darbari Girls Inter College and others, 1994 (3) UPLBEC 1551. is also applicable to Degree Colleges although that decision was given in respect of an Intermediate College. In our opinion, the Principle in Radha Raizada's case, should apply also to Degree Colleges because it is a fair and reasonable principle and hence ordinarily, the senlormost teachershould be made officiating Principal till regular selection. This is also provided for in Statute 13.20 of the Statutes of the Meerut University. However, in exceptional circumstances where it would not be in the Interest of the Institution to ap...
Tag this Judgment!Sushil Sharma Vs. Xiiith Additional District Judge, Ghaziabad and Othe ...
Court: Allahabad
Decided on: Feb-23-2000
Reported in: 2000(2)AWC1408
Sudhir Narain, J.1. This writ petition is directed against the order of the Judge Small Causes Courtdated 28.4.1999 decreeing the suit for recovery of arrears of rent, ejectment and damages and the order of the revisional court dated 11.2.2000 dismissing the revision against the said order.2. The landlord-respondent No. 3 filed Suit No. 6 of 1998 in the court of Judge Small Causes, Ghazlabad for recovery of arrears of rent, ejectment and damages against the petitioner from the house in dispute with the allegations that the petitioner was a tenant at monthly rent of Rs. 1,450. The disputed house was not governed by the provisions of U. P. Urban Building (Regulation of Letting. Rent and Eviction) Act. 1972 (in short the Act). His tenancy was terminated by notices dated 9.1.1998 sent on his residential address as welt as at his shop but after having received the notices, he had not vacated the same. The petitioner contested the suit. He alleged that the provisions of the Act were applicab...
Tag this Judgment!Manoj Kumar Saxena Vs. District Magistrate and ors.
Court: Allahabad
Decided on: Feb-23-2000
Reported in: (2000)2UPLBEC1694
Bhagwan Din, J. 1. The father of petitioner, late Ram Bahadur Saxena was holding post of Lekhpal in Tehsil Faridpur, District Bareilly. He died in harness on 13-8-1987. The petitioner, at the time of death of his father, was minor, aged about 12 years. The petitioner, therefore, after attaining the age of majority, applied for appointment on the post of Lekhpal, on compassionate ground, in the month of November, 1993. The Collector who is appointing authority, wrote a letter to Board of Revenue, for issue of the suitable/necessary direction. It appears that the Commissioner/Secretary, Anubhag-12, Lucknow referred the matter to the Joint Secretary, Government of U.P. The Joint Secretary, Government of U.P. wrote a letter to the Commissioner/Secretary, Board of Revenue that the employee, Ram Bahadur Saxena died in 1987. The applicant applied for his appointment on compassionate ground in 1993 after five years. There was no justification in granting relaxation in the delay in applying for...
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