Allahabad Court March 2000 Judgments
Nigam Das and Others Vs. Additional District Judge, I, Jaunpur and Oth ...
Court: Allahabad
Decided on: Mar-16-2000
Reported in: 2000(2)AWC1675
J.C. Gupta, J.1. This is defendants petition for quashing the order dated 31.3.1998 passed by respondent No. 1 in Misc. Civil Appeal No. 47 of 1996 whereby the respondent No. 1 has allowed the appeal after setting aside the order dated 16.1.1996 passed by the trial court rejecting plaintiffs application for ad-interim injunction. The lower appellate court has restrained thepetitioners from causing any interference in plaintiffs carrying on the business of the firm M/s. Baiju Sav Nigam Das and M/s. Shanti Sahu and others in the disputed shop till the disposal of suit and has also directed them to open the lock of the shop.2. Respondent Nos. 2 and 3 filed Suit No. 310 of 1994 against the petitioners for permanent injunction restraining the defendants from causing interference in plaintiffs right of carrying on their business in the shop in question and not to lock the same. The case of the plaintiff in short was that the shop in question was the ancestral property of the parties : that r...
Tag this Judgment!Town Area Committee and Others Vs. State of U.P. and Others
Court: Allahabad
Decided on: Mar-16-2000
Reported in: 2000(2)AWC1728; (2000)2UPLBEC1262
D. S. Sinha, J.1. Heard Sri Pradeep Kumar Srlvastava, holding brief of Sri Mazhar Abbas Zaidi, the learned counsel appearing for the petitioners, and Sri Vinay Malviya, the learned standing counsel of the State of U. P.. representing the respondents.2. In the year 1989, exercising power under Section 3 of the United Provinces Town Area Act, 1914, (hereinafter called the 'Act'), the State of Uttar Pradesh, the respondent No. 1, constituted Haraiya Town Area in the district of Basti comprising villages Muradipur, Dhanha Khas, Pandit Purwa, Rajghat, Atwa and Haraiya Ghat vide notification dated 1st September, 1989, a copy of which is Annexure-1 to the petition.3. In the year 1992, the respondent No. 1 Issued another notification dated 11th August, 1992, a copy whereof is Annexure-II to the petition. By this notification the respondents purported to cancel the notification dated 1 st September, 1989, constituting Town Area Haraiya. The petitioners seek to A.W.C. 109challenge this notificat...
Tag this Judgment!Smt. Brij Rani Singh Vs. State of U.P. and Others
Court: Allahabad
Decided on: Mar-16-2000
Reported in: 2000(2)AWC1775
Pradeep Kant, J.1. Heard learned counsel for the petitioner as well as learned State counsel.2. Certain facts which were not pleaded in the writ petition have been brought on record by means of supplementary-affidavit filed today. The petitioner is an elected Pradhan of Gaon Sabha concerned having been elected from the constituency reserved for women in the year 1995. A notice of no-confidence motion was moved by eight members of Gram Panchayat before the District Panchayat Raj Officer, Unnao on 22.12.99 and the District Panchayat Raj Officer, Unnao issued a notice under Section 14 of the U. P. Panchayat Raj Act (hereinafter referred to as the Act) fixing 13.1.2000 as a date for consideration of motion of no-confidence at a given time and place. The petitioner initially challenged the said proceedings solely on the ground that no reasons have been given in the notice of no-confidence for making no-confidence motion against Pradhan and, therefore, no meeting can be held for the purpose ...
Tag this Judgment!Manju Saxena (Km.) Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-16-2000
Reported in: (2000)2UPLBEC1364
R.K. Agrawal, J.1. Sri Neeraj Tripathi, Advocate has put in appearance on behalf of respondent No. 2 whereas Sri R.C. Singh, Advocate has put in appearance on behalf of respondent No. 6.2. The only ground raised by the learned Counsel for the petitioner is that the U.P. Secondary Education Services Commission, respondent No. 2, while making selection for the post of Principal in Sri Shyam Lal Angney Lal Balika Inter College, Shahjahanpur, had recommended the name of only two persons and not three as required under Sub-section (6) of Section 16-E of U.P. Intermediate Education Act, 1921, Sub-section (6) of Section 16-E of the Act provides that the selection committee shall prepare a list containing in order of preference the names, as far as practicable, three candidates for each post found by it to be suitable for appointment and shall communicate its recommendations together with such list to the Committee of Management. It is not obligatory upon the Commission or the Selection Board ...
Tag this Judgment!Ratan Bala Yadav (Smt.) Vs. Committee of Management, P.N. Girls Inter ...
Court: Allahabad
Decided on: Mar-16-2000
Reported in: (2000)2UPLBEC1315
G.P. Mathur, J.1. Appellant Smt, Ratan Bala Yadav was appointed as Assistant Teacher in C.T. Grade in the vacancy of Smt. Ranjana Srivastava and approval to this short term ad hoc appointment was granted by the Regional Inspectress of Girls Schools on 18.2.1982. She continued to work as Assistant Teacher till 31.3.86 whereafter the management discontinued her services. She filed writ petition No. 12026 of 1986 which was decided on 26.2.97 and a direction was issued to the DIOS, Kanpur to examine the matter and pass appropriate orders in accordance with law. In pursuance of the aforesaid order the DIOS passed an order on 6.5.97 holding that the appellant is entitled to continue in institution and to get her salary. Feeling aggrieved by the decision of the DIOS the Committee of Management filed writ petition No. 33093 of 1997 which was allowed by a learned Single Judge on 4.1.2000 and the orders passed by the DIOS dated 6.5.97 and 7.8.1997 were quashed. The present special appeal has bee...
Tag this Judgment!Brijesh Kumar Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-16-2000
Reported in: (2000)2UPLBEC1354
S.H.A. Raza and Kamal Kishore, JJ.1. By means of the present Public Interest Litigation filed by Sri Brijesh Kumar Singh, a lawyer of this Court, a grievance has been raised that unclaimed dead bodies are thrown into the river Gomti as a result of which the Gomti water is polluted. Besides the above, it has also been pointed out that the Electric Crematorium which has been installed at Bhainsa Kund is in shamble, no permanent staff is posted there. When the dead bodies are brought there either due to the electricity breakdown or lethargic attitude of the staff the dead bodies are not cremated as a result of which often they are thrown into the river Gomti.2. The Superintendent of Police (Rural), the Superintendent of Police (City), Lucknow, the Secretary, Lucknow Development Authority and the Mukhya Nagar Adhikari, Lucknow Nagar Nigam have appeared before this Court.3. The Police Officers have denied the averment of the petitioner that the dead bodies are thrown into the river Gomti. S...
Tag this Judgment!Shiv NaraIn and ors. Vs. State of U.P. and anr.
Court: Allahabad
Decided on: Mar-16-2000
Reported in: 2000CriLJ3246; II(2000)DMC210
Ratnakar Dash, J.1. The petitioners in this petition under Section 482, Code of Criminal Procedure, 1973 (for short Cr.P.C.) have sought to quash the order of the learned III Additional Sessions Judge, Kanpur whereby he by invoking power under Section 319, Cr.P.C. has arrayed them as accused persons in the Session case registered as S.T. No. 323 of 1994 under Sections 498A and 306, I.P.C.2. The prosecution case in short is that Bitola (hereinafter referred to as 'the deceased'), daughter of Surjan, the informant was given in marriage to accused Balwan Singh about seven years before the incident. Petitioners No. 2 and 3 are the parents and petitioner No. 1 is the brother of Balwan Singh. It is alleged that the deceased was tortured and ill-treated by the petitioners as well as her husband as sufficient dowry had not been given in the marriage. She had been complaining to her parents that she was being pastered to get scooter, some gold ornaments and cash of Rs. 20,000/-. Ultimately when...
Tag this Judgment!Shabihul Hasan Jafari Vs. ZarIn Fatma
Court: Allahabad
Decided on: Mar-16-2000
Reported in: 2000CriLJ3051; I(2001)DMC1
ORDERRatnakar Dash, J. 1. A question of quite considerable importance that falls for determination is whether a maintenance proceeding arising under the Muslim Women (Protection of Rights of Divorce) Act, 1985 (for short 'the Act') having once been dismissed for default of the petitioner could be restored for adjudication on merit. In the present case, parties are Muslims and are governed by their personal law. Admittedly, opposite party No. 1 being a divorced woman approached the competent Court claiming maintenance for herself during the Iddat period as also for her minor child as provided in Section 3 of the Act. On the date of hearing she being found absent, the learned Magistrate dismissed the case for default. Thereupon, she moved an application to recall the order of dismissal and to decide the case on merit. Her prayer as allowed and consequently the order was recalled and the case was restored. Aggrieved thereby the petitioner filed a petition to recall the said order. The lea...
Tag this Judgment!Ram Chandra Prasad Keshri and ors. Vs. the State of U.P. and anr.
Court: Allahabad
Decided on: Mar-16-2000
Reported in: 2000CriLJ3047
ORDERRatnakar Dash, J.1. Heard learned counsel for the applicants and the learned Additional Government Advocate for the State. None appears for the opposite party No. 2.2. In this proceeding under Section 482, Cr.P.C. the order dated July 1st, 1996 of the learned Judicial Magistrate I, Etawah taking cognizance of the offence under Section 420, 406, I.P.C. is under challenge. The applicants (hereinafter referred to as the 'accused persons') are partners of the firm. M/ S. Keshari Traders, G.T. Road, Rajganj in the district of Hazari Bagh (Bihar) and they deal in consumer goods. Accused Ram Lakhan Prasad, one of the partners, it is alleged approached the complainant, opposite party No. 2 herein on 1-8-1995 and requested to supply five truck-load fo flour inducing him to believe that price would be paid on receipt thereof. Accordingly, the complainant sent flour on different dates, but received payment only in respect of the first consignment. He requested the accused persons to pay up t...
Tag this Judgment!Arun Kumar Vs. State
Court: Allahabad
Decided on: Mar-16-2000
Reported in: 2000CriLJ3369
ORDER1. Appellant Arun Kumar alias Kalu Ram son of Sant Ram has preferred this appeal against the order dated 21-12-1981 passed by the then VI Addl. Sessions Judge, Meerut in Sessions Trial No. 425 of 1980 whereby the appellant has been convicted under Section 394, I.P.C. and sentenced to undergo 5 years R.I. and under Section 302, I.P.C. with the sentence of imprisonment for life. Both the sentences are to run concurrently.2. The deceased of this case was Smt. Amarjeet Kaur. Till 1978 her huband Sardar Joginder Singh had been in service in Jaswant Sugar Mill and he had been provided quarter No. 15B within the mill campus. He has two grown up sons. During the relevant days one of the sons was employed in Ghaziabad while the other in Bombay. Sardar Joginder Singh himself had started living at Ropan while Smt. Amarjeet Kaur was alone living in quarter. No 15B. Just in front of this quarter lived Khairati Ram Kapoor, PW 10 in quarter No. 14. Vir Singh, PW 5 lived in neighboured of Smt. Am...
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