Allahabad Court March 2000 Judgments
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Rajendra Kumar Vs. State of U.P. and Another
Court: Allahabad
Decided on: Mar-07-2000
Reported in: 2000(3)AWC2429
B. K. Rathi, J. 1. In Criminal Revision No. 263 of 1998, the request has been made to set aside the order dated 25.9.1998 passed in Criminal Revision No. 172 of 1998 by the Special Judge/Additional Sessions Judge, Aligarh. in Criminal Misc. Application No. 1515 of 2000, the request has been made that IIIrd Additional Chief Judicial Magistrate. Aligarh be directed to decide Case No. 1464 of 1996 pending before him, expeditiously. Both the matters are relating to the same offence and therefore they are being disposed of by a common judgment.2. I have heard Sri Dharmendra Singhal, learned counsel for the revisionist in Criminal Revision No. 263 of 1998 and Sri S. U. Khan, learned counsel for the opposite parties and also Sri S. U. Khan, learned counsel for the petitioners in Criminal Misc. Application No. 1515 of 2000 and Sri Dharmendra Singhal, learned counsel for the opposite parties.3. The facts giving rise to these cases are that opposite party No. 2 Pramod Kumar Varshney and his wife...
Krishna Kumar Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Mar-07-2000
Reported in: (2000)2UPLBEC1203
R.H. Zaidi and Kamal Kishore, 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 mandamus commanding the respondents to appoint the petitioner under quota of Superior Forest Service Course 1984-86, as Assistant Conservator of Forest and to provide seniority, pay fixation and increments, etc. with effect from the date the candidate at Serial No. 1 of the Availing list was granted the same. Prayer for grant of exemption from Superior Forest Training Course has also been made.2. The relevant facts of the case arc that on 9-9-1983, the U.P. Public Service Commission at Allahabad advertised that it shall hold a competitive examination at Allahabad some time in December, 1983 for selection of 32 candidates for training in Superior Forest Service Diploma in 1984-86. The candidates, who were to be selected and were required to fulfill the other requirements and qualifications and the...
Sushil Singh Alias Sushil Kumar Singh Vs. District Magistrate and ors.
Court: Allahabad
Decided on: Mar-07-2000
Reported in: 2000CriLJ2812
R.R.K. Trivedi, J.1. Petitioner, Sushil Kumar Singh, by means of this petition, has challenged the order dated 11-11-1999, passed by District Magistrate, Varanasi under Section 3(2) of the National Security Act, hereinafter referred to 'Act' under which petitioner has been detained. Along with order of detention, petitioner was also served grounds of detention on which basis District Magistrate, respondent No. 1, formed his subjective satisfaction to detain petitioner. The grounds of detention, as stated in Annexure 2 to the writ petition, are being mentioned hereunder :-(1) That on 20th Oct. 1999, at 4.30 p.m. Chandra Bhushan Singh alias Chhallu Singh, resident of village Dharaurha, Police Station Chaubepur, district Varanasi along wih Shiv Shanker Singh was going to his village on scooter. When they crossed Munari Bazar and were on way to their village, petitioner along with his companions Kamlesh Singh and Rajesh Singh came from behind on a Maruti car No. U.P. No. 65M8998, overtook ...
Dr. Rajendra Singh Vs. U.P. Public Service Commission, Allahabad and O ...
Court: Allahabad
Decided on: Mar-06-2000
Reported in: 2000(2)AWC1403; (2000)2UPLBEC1514
M. Katju, J.1. Heard Sri Vivek Chaudhary for petitioner in the present writ petition as well as Sri R. K. Ojha in connected Writ Petition No. 9580 of 2000 and Sri Pushpendra for U. P. Public Service Commission as well as learned standing counsel.2. The petitioner has done M.B.B.S. He has prayed that he should be called for interview for selection to the U. P. Provincial Medical Service. Annexure-3 to the writ petition is part of the advertisement, which states that the age of candidates should be between 21 to 32 years. However, there is also a mention in the advertisement that for 'suyogya' candidates, the age limit can be relaxed to 40 years.3. The petitioner has admittedly crossed the age of 32 years but he has prayed for relaxation of the age limit. It is not for this Court to grant age relexation as that can only be done by the competent authority. However, we are of the opinion that the mention in the impugned advertisement that the age relexation can be granted to 'suyogya' cand...
State of U.P. and anr. Vs. Labour Court and anr.
Court: Allahabad
Decided on: Mar-06-2000
Reported in: (2000)IILLJ810All
Aloke Chakrabarti, J. 1. Heard learned counsel for the petitioner and Mr. B.N. Singh learned counsel for the respondent-workman.2. The grievance of the petitioner is that although the workman concerned did not complete the requisite period of 240 days of work, the impugned award was passed in his favour. The learned counsel for petitioner relied on statement made in paragraph 16 of the writ petition for the purpose of showing the actual number of days the workman concerned worked. The learned counsel for the respondent-workman contended that the impugned award has been passed after considering all necessary facts and in absence of any material shown by the employer tocontradict the findings, no interference to bemade. 3. After considering the aforesaid and perusing the materials available I find that the impugned award was passed considering the relevant facts. It also recorded that no dispute was raised on most of the relevant aspects. A contention was raised by the employers that the...
Balaji Trading Company Vs. Commissioner of Sales Tax
Court: Allahabad
Decided on: Mar-06-2000
Reported in: [2000]119STC404(All)
P.K. Jain, J.1. For the assessment year under consideration, assessment order under Rule 41(7) was passed on April 7, 1988, books of accounts were accepted. However, subsequently on receipt of some information regarding purchase against form 3-B, notice under Section 21 of the U.P. Sales Tax Act (hereinafter called 'the Act') was served. Order under Section 21 of the Act was passed on September 7, 1989. The assessing authority observed that the transactions were verifiable from the books of accounts. Notice under Section 21 was discharged. Deputy Commissioner (Administration), Sales Tax, Ghaziabad, however, issued notice dated January 16, 1992 under Section 10-B for revision of the order dated September 7, 1989 passed by the assessing authority on the ground that certain purchases against form III-B were made from Star Paper Mills Ltd., Saharanpur, which were not recorded by the dealer in the books of accounts or declared in the returns whereas purchases from Shivam International Trade...
Syed Mohd. Nadeem Vs. Superintendent, District Jail and ors.
Court: Allahabad
Decided on: Mar-06-2000
Reported in: 2000CriLJ3777
S.R. Singh, J.1. Petitioner-Syed Mohd. Nadeem, who is incarcerated in District Jail Agra, Having been detained under the National Security Act, 1980 (In short the ('Act') has invoked the jurisdiction of this Court under Article 226 of the Constitution, canvassing the validity of the detention order dated 16-6-99 passed under Section 3(2) of the Act. The order dated 16-6-99 purports to have been passed by the District Magistrate, Agra under Section 3(2) of the Act with a view to preventing the detenu from acting in any manner prejudicial to the security of Nation/maintenance of supplies and services essential to the community.2. The order of detention was executed the same day and approval thereto was accorded by the State Government on 24-6-99, which was communicated to the detenu on 26-6-99. The detenu preferred a representation dated 3-7-99 through the Jail Superintendent on 3-7-99 which was received by the District Magistrate on 4-7-99 and the latter sent It for onward transmission ...
Daya Shanker Pandey and anr. Vs. U.P. State Road Transport Corporation
Court: Allahabad
Decided on: Mar-06-2000
Reported in: 2001ACJ1869
U.S. Tripathi, J.1. The claimants have preferred this first appeal from the order against judgment/award dated 28.2.1983 passed by the Motor Accidents Claims Tribunal/2nd Additional District Judge, Basti in Claim Petition No. 12 of 1982 dismissing the claim petition.2. The appellants and their mother Bharat Devi filed claim petition before the Motor Accidents Claims Tribunal, Basti for award of compensation amounting to Rs. 1,13,900 (Rupees one lakh thirteen thousand nine hundred only) on account of death of Ram Asrey in a motor accident. The case set up by the appellants in the above claim petition, briefly narrated, was that Ram Asrey, father of appellants aged about 45 years was serving as seasonal peon in Tahsil Basti and was getting Rs. 250 per month as salary. Besides it, he was also earning Rs. 100 from his agriculture. On the evening of 25.4.1977 he was coming on his cycle from Tahsil Basti to his village Dasiya along with Laxmi Shanker Pandey and Shyam Karan. At about 6.30 p.m...
Abdul Jabbar Shah and Others Vs. Ist Additional District Judge, Jaunpu ...
Court: Allahabad
Decided on: Mar-03-2000
Reported in: 2000(2)AWC1472
Aloke Chakrabarti, J. 1. Challenging a part of the order of the learned Civil Judge (Junior Division) with regard to the injunction matter and the order passed in appeal, the present writ petition was filed.2. It appears that the suit was filed by the respondent No. 2 claiming disputed plots of land as public burial ground. The defendants, who are petitioners here contested the proceeding claiming that the disputed land belonged to them as private burial ground.3. After considering the contentions of the learned counsel for the petitioners and perusing the materials on record, it is apparent that original registration was made by the Waqf Board whereby the disputed plots were included in the list of properties of the respondent No. 2. The said order on reference was stayed. In the present suit a claim was made by the respondent No. 2 in respect of the disputed plot on the ground of user of the disputed land as public burial ground from time immemorial. The impugned orders have been pas...
Shashi Dutt Pandey Vs. Sri Baleshwar Tyagi and Others
Court: Allahabad
Decided on: Mar-03-2000
Reported in: 2000(2)AWC1535; (2000)2UPLBEC1094
G. P. Mathur, J.1. The appellant, an employee of U. P. Basic Shiksha Parishad was transferred from district Ballia to district Gonda by the order dated 8.2.1999 passed by Secretary, U. P. Basic Shiksha Parishad, Allahabad. This order was challenged by him by filing Writ Petition No. 15098 of 1999, which was dismissed by a learned single Judge on 15.7.1999. Feeling aggrieved by the dismissal of the writ petition, the appellant has preferred this special appeal.2. Sri Dinesh Dwivedi has submitted that the appellant was appointed as Assistant Clerk in Zlla Parishad. Ballia on 4.7.1967 and after the enforcement of U. P. Basic Education Act, 1972, he became an employee of U. P. Basic Shtksha Parishad. Thereafter, he could not be transferred to any place outside Ballia. The relevant parts of subsections (1) and (3) of Section 9 of U. P. Basic Education Act. 1972, read as follows :'Transfer of Employees.--(1) On and from the appointed day every teacher, officer and other employees serving und...
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