Allahabad Court February 2000 Judgments
Principal, Jagat Taran Girls Inter College, Allahabad Vs. Deputy Direc ...
Court: Allahabad
Decided on: Feb-21-2000
Reported in: 2000(2)AWC1510; (2000)2UPLBEC1516
V. M. Sahai, J.1. The dispute in this petition is whether the date of birth of respondent in the service book was rightly changed from 13.7.1944 to 13.7.1934 by the principal of Jagat Taran Girls Inter College. Allahabad (in brief institution) after lapse of more than twenty years from the date the first entry was made in the service book of the respondent.2. The respondent No. 4 was appointed on a fixed salary as farrash, a class IV post in the institution on 27.10.1959. He was appointed regular peon on 1.8.1973. In the service book his date of birth was recorded as 13.7.1944. On 4.8.1993 the Deputy Director of Education made inquiry from the petitioner for granting selection grade to the respondent. On this, the petitioner started an inquiry and found that the date of birth was fictitiously changed from 13.7.1934 to 13.7.1944. She reached this conclusion because in the managers return of 1968-69 and 1969-70, the age of respondent was shown as 13.7,1934 whereas in the managers return ...
Tag this Judgment!Ramesh Kumar Shukla Vs. Allahabad Development Authority and Others
Court: Allahabad
Decided on: Feb-21-2000
Reported in: 2000(2)AWC1555; (2000)2UPLBEC1089
D. S. Sinha, J. 1. Heard Sri Murlidhar. the learned senior advocate appearing for the petitioner. Sri Ashok Mohiley, the learned standing counsel of the respondent Nos. 1 and 2, and Sri M. P. Sarraf, holding brief of Sri Vineet Saran, the learned counsel representing the respondent No. 3, permitted to be impleaded by the order of the Court dated November 22, 1994, at length and in detail.2. The acts and events constituting the facts of the case, as they emerge from the pleadings before the Court, are these :'The Allahabad Development Authority, Allahabad, the respondent No. 1, hereinafter called the 'Development Authority', issued a notification in the newspaper 'Northern India Patrika' dated November 20, 1987, inviting applications for allotment of plots in Ashok Nagar Extension Scheme of the Development Authority. According to the notification, the registration of the applications for allotment opened on November 21, 1987 and the last date appointed for registration was December 20, ...
Tag this Judgment!Tajjamull HussaIn and anr. Vs. Chief Judicial Magistrate and ors.
Court: Allahabad
Decided on: Feb-21-2000
Reported in: 2000CriLJ2763
ORDERU.S. Tripathi, J.1. This petition under Section 482 Cr.P.C. has been preferred for quashing the charge sheet and proceeding against the applicants in Criminal Case No. 6148 of 1998 (State v. Mujahid and Ors.) under Section 302 I.P.C., P.S. Kotwali Aonla, District Bareilly arising out of crime-No. 238 of 1988 pending in the Court of Chief Judicial magistrate, Bareilly and for direction that further investigation under Section 173(8) Cr.P.C. be made by the C.B.C.I.D.2. One Smt. Dilawari Begum lodged an F.I.R. on 29-4-1998 against the applicants and one Safiullah under Section 302 I.P.C. alleging that on the evening of said date i.e. 24-9-1998 at about 8 P.M. her husband Isar Ahmad was coming to his house from shop on which he was working. When he reached near the house of Ajay, the applicants and saffiullah, who were present there from before surrounded him. On hearing shrieks of her husband, the persons of the Mohalla and she also reached on the spot and observed that Saffiullah an...
Tag this Judgment!Abdul Razzaq Vs. the State
Court: Allahabad
Decided on: Feb-21-2000
Reported in: 2000CriLJ3921
M.C. Jain, J.1. This appeal has been preferred by Abdul Razzaq against the judgment and order dated 29-9- 1980 passed by Sri M. Wahaj Uddin, the then Sessions Judge, Agra in Sessions Trial No. 325 of ! 979. He has been convicted under Section 302, I.P.C. and sentenced to life imprisonment.2. The broad features of the prosecution case may be noted. The incident took place on 18-2-1979 at about 2 p.m. in Labour Colony, Firozabad. The accused-appellant allegedly committed murder of one Amir Ullah by causing knife injury to him. The F.I.R. was lodged by Kalloo Khan PW 1 at 9.45 p.m. on 18-2-1979. On the fateful day and time, the victim Amir Ullah was talking with Samir Ahmad PW 2 and Aslam PW 3 in front of the shop of Kalloo Khan. The accused-appellant appeared there. The victim Amir Ullah asked him to go away. The accused-appellant Abdul Razzaq hurled abuses and exchange of harsh words took place. Kalloo khan intervened and separated them. The accused-appellant Abdul Razzaq left, holding ...
Tag this Judgment!Gorakhnath and Others Vs. State of Uttar Pradesh and Another
Court: Allahabad
Decided on: Feb-19-2000
Reported in: 2000(2)AWC1210; (2000)2UPLBEC1068
M. Katju and D.R. Chaudhary, JJ. 1. Heard learned counsel for the parties.2. The petitioners have prayed for a writ of mandamus directing the respondents to hold a preliminary written test in screening the candidates for consideration in pursuance to advertisement No. 26 issued by the U.P. Higher Education Service Commission for consideration on the post of lecturers in Hindi, Ancient History and Sanskrit in accordance with the decision taken by the Commission and further for a mandamus directing the respondents to interview all candidates who have passed the National Eligibility Test conducted by the University Grants Commission.3. Sri Ashok Khare, learned counsel for the petitioners firstly submitted that since the U.P. Higher Education Service Commission hastaken a decision that written test be held, it is not open to the Commission to make selection without the written test. In para 12 of the counter-affidavit, it is stated that the Commission can hold a test only when the financia...
Tag this Judgment!Mela Ram (Decd.) and Others Vs. Addl. Civil Judge, Ghaziabad and Other ...
Court: Allahabad
Decided on: Feb-19-2000
Reported in: 2000(2)AWC1508
Sudhir Narain, J. 1. This writ petition is directed against the order dated 23.7.1981 passed byrespondent No. 1 rejecting the application of the petitioners for restoration of the suit and the order of the appellate court, respondent No. 2 dismissing the appeal against the aforesaid order.2. The petitioners filed Suit No. 174 of 1978 for recovery of arrears of rent, ejectment and damages against the defendant-respondent Nos. 3 and 4 with the allegations that they had let out a plot of land measuring 12'x 20' to one Bhagat Ram on a monthly rent of Rs. 250. They gave a notice to the tenant and to his partner Gyan Chand demanding arrears of rent and terminating his tenancy. Defendant Bhagat Ram contested the suit and asserted that the rate of rent was Rs. 50 per month and not Rs. 250 per month as claimed by the plaintiff-petitioners.3. The trial court had fixed 7.8.1980 for final hearing. The case was adjourned for 27.8.1980. On the said date, the petitioners did not attend the Court and ...
Tag this Judgment!Mahesh Chandra Dixit Vs. Director Mandi Parishad and Another
Court: Allahabad
Decided on: Feb-19-2000
Reported in: 2000(2)AWC1732
R.H. Zaidi and R.P. Nigam, JJ.1. By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 14.1.1989 passed by Director, Mandi Parishad, removing the petitioner from the post of Senior Agriculture Marketing Inspector.2. Relevant facts of the case, giving rise to the present petition, in brief are that the petitioner was appointed on 14.3.1962 in Subordinate Agriculture Service Grade-II, Agriculture Department, U.P. by Director of Agriculture. Said post was within the purview of U. P. Public Service Commission. The appointment of the petitioner was approved by the Service Commission. The petitioner was, thereafter, confirmed on the aforesaid post on 14.4.1996. It was on 30.7.1980 that he was sent on deputation to Mandi Parishad as Secretary. Mandi Samiti, where he was promoted to the post of Senior Marketing Inspector in Subordinate Agriculture Service G...
Tag this Judgment!Namit Tea Center Vs. Commissioner of Trade Tax
Court: Allahabad
Decided on: Feb-19-2000
Reported in: [2002]126STC446(All)
P.K. Jain, J. 1. Heard Sri M. Manglik, learned counsel for the revisionist and Sri B.K. Pandey, learned Standing Counsel.2. In the assessment year 1993-94 the assessee disclosed closing balance of Rs. 2,40,079. He claimed exemption from payment of tax in respect of turnover of Rs. 1,16,481. The assessing authority did not accept the claim of the assessee and assessed the dealer on taxable turnover of Rs. 20,00,000 and imposed tax liability of Rs. 2,00,000. First appeal filed by the assessee was partly allowed and taxable turnover was reduced to Rs. 3,80,000 and tax liability to be reduced was Rs. 38,000. Both the department as well as the assessee felt aggrieved and filed second appeals. The appeal filed by the assessee was dismissed whereas the appeal of the department was partly allowed and on taxable turnover of Rs. 7,00,000, tax liability of Rs. 70,000 was fixed.3. Aggrieved by the order of the Tribunal the assessee has filed the present revision. It is submitted by Sri Manglik tha...
Tag this Judgment!Naththoo Ram and ors. (In Jail) Vs. State of U.P.
Court: Allahabad
Decided on: Feb-19-2000
Reported in: 2000CriLJ3870
J.C. Gupta, J.1. All the appellants namely Naththoo Ram, Rampal Sultan, Brij Lal and Parsadi have been convicted and sentenced to 1-1/2 years R.I. under Section 147, I.P.C., two years R.I. under Section 148, I.P.C. and to imprisonment for life under Section 302 read with Section 149, I.P.C. and one year R.I. under Section 323/149, I.P.C. The conviction under Section 302, I.P.C. read with Section 149, I.P.C. has been recorded in relation to the murder of Daya Ram while conviction under Section 323/149, I.P.C. is in relation to injuries caused to Smt. Phudari, P.W. 5, the mother of the deceased.2. Out of the above named appellants. Sultan son of Jagan died during the pendency of this appeal, hence his appeal has abated.3. The prosecution case as revealed from the F.I.R., in brief, is that on 25-10-1979 at about noon time Daya Ram, son of Baldeo was ploughing his field inside the Tal (land of dried pond) for sowing gram. He himself was driving the plough, his mother was sowing the seeds w...
Tag this Judgment!Upendra Rai Vs. State of Uttar Pradesh and Others
Court: Allahabad
Decided on: Feb-18-2000
Reported in: 2000(2)AWC865; (2000)2UPLBEC1340
S.R. Singh, J.1. The appellant who holds the certificate of having passed the Intermediate Examination, 1991, conducted by the U. P. Board of High School and Intermediate Education and two-year Diploma-in-Education Course 1996-98 from Zila Shiksha and Training Institute, Jabalpur, (in short 'DIET') (Madhya Pradesh) has invoked the special appeal jurisdiction of this Court being aggrieved by the judgment dated 7.12.1999 of the learned single Judge who dismissed the writ petition instituted by the appellant. The subject-matter of impugnment in the writ petition was the legality of advertisement dated 28.4.1999 and the Government circular dated 11,8.1997. The circular dated 11.8.1997 showed that it had been decided by the Government to fill up the posts of Assistant Teacher in Junior Basic Schools only from such candidates who have, according to the provisions of the U. P. Basic Education (Teachers) Service Rules, 1981, obtained B.T.C., Hindustani Teachers Certificate, Junior Teachers Cer...
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